Solicitation 70Z08424RWOPL0005.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: 70Z08424RWOPL0005

The U.S. Department of Homeland Security, U.S. Coast Guard, Operational Logistics Command (LOGCOM) will acquire the services/supplies outlined in the solicitation utilizing procedures in FAR Part 12, Acquisition of Commercial Items and FAR Part 15, Contracting by Negotiation.

This solicitation is issued “Unrestricted” under Full and Open Competition in accordance with FAR Subpart 6.1 for Light Emitting Diode (LED) Marine Lanterns for use on Aids to Navigation (ATON). The NAICS code is 334511 (Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument Manufacturing) and the size standard is 1,250 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 all Solicitation Amendments (SF-

30) issued by the Government.

2. Your offer shall include ALL of the documents and information listed on pages 37-39 (FAR Provision 52.212-1, (b) Submission of Offers); and your offer shall be received by our office on or before the exact date and time specified on page 1 of the SF-1449, Block 8 to be eligible for award. Also, see FAR Provision 52.212-2 (page 46) for Evaluation Factors.

3. Submit your offer with all required documentation and information to the following electronic address [electronic submission (e-mail) is authorized], by the date in Block 8 (or as amended). Submit your offer, with all required documentation to the following e-mail address:

Barbara.T.Spruill@uscg.mil and a copy to Courtney.Baker-Williams@uscg.mil James.C.Kanash@uscg.mil

4. ELECTRONIC SUBMISSION should not exceed 10MB per email and must be received by the offer date and time in

Block 8 (SF1449) or as amended. You may submit your proposal via multiple emails, and it must contain Solicitation 70Z08424RWOPL0005 in the subject line, an identified by Volume I, II or III. If mailed, 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.

5. This solicitation does not obligate the Government to compensate for any costs incurred by the Offeror in the preparation and/or submission of any offer, nor does it obligate the Government to procure for said services or supplies.

6. 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/concerns regarding this solicitation shall be submitted in writing (NO phone calls) to the Point of Contact at barbara.t.spruill@uscg.mil no later than 5 AUGUST 2024 3:00 PM Eastern. Follow-up/additional questions will not be accepted 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 Sam.gov/ website for viewing by all potential offerors.

Answers to questions may be available after the due date for questions/concerns has passed.

*Only send questions/concerns to the Point Of Contact listed above or, if not available, to the Primary Contracting Officer listed in this solicitation. DO NOT ask or submit questions/concerns regarding this solicitation to any other USCG or government personnel (e.g., COR, program/project manager, etc.).*

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17(a-b), 23, 24, & 30(a-c)

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

70Z08424RWOPL0005

6. SOLICITATION

ISSUE DATE

July 16, 2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Barbara Spruill, Contractor

b. TELEPHONE NUMBER (No collect calls)

(757) 628-4159

8. OFFER DUE DATE/

LOCAL TIME

August 15, 2024 3:00 PM, Eastern

9. ISSUED BY CODE 70Z084

70Z084 LOG95 – Base Commercial Supplies Support USCG – Base Commercial Supplies Support, 300 East Main Street, Suite 900 Norfolk, VA 23510, US

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL

HUBZONE SMALL BUSINESS (WOSB) ELIGIBLE

BUSINESS UNDER THE WOMEN-OWNED

SERVICE-DISABLED SMALL BUSINESS PROGRAM

VETERAN-OWNED EDWOSB

SMALL BUSINESS 8(A)

NAICS: 334511

SIZE STANDARD: 1,250 Employees

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

Net 30

Other: ________________________

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See Schedule

16. ADMINISTERED BY CODE 70Z084

Same as Issuing Office

17a. CONTRACTOR/ OFFEROR (NAME / ADDRESS)

18a. PAYMENT WILL BE MADE BY CODE Z51800

USCG FINANCE CENTER

FINANCE CENTER USCG, 1430A KRISTINA WAY

CHESAPEAKE, VA 23326-1000, US

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

*Payments will be made by Electronic Funds Transfer (EFT)*

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM: CONTINUED ON PAGES 3 - 4

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provide all labor, material, transportation and equipment necessary to deliver Light Emitting Diode (LED) Marine Lanterns for use on lighted aids to navigation in accordance with the terms, conditions and USCG Specification 506, Revision 4 (17 April 2024).

Continued on pages 2 -53.

25. ACCOUNTING AND APPROPRIATION DATA (FOR GOVT USE ONLY)

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 AND 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE / ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE / ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN ONE (1) COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO

FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE __________________OFFER DATED

_______________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 11/2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT EXCEPT

AS NOTED: _____________________________________________

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 AND 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE / ARE NOT

ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE / ARE NOT

ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT

AND RETURN ONE (1) COPIES TO ISSUING OFFICE.

CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND

CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE __________________OFFER DATED

_______________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

TABLE OF CONTENTS:

Section II: Continuation of SF1449……………………………………………………………….……..3 Section III: Contract Clauses…………………………………………………………………………...11 Section IV: List of Documents, Exhibits, and other Attachments……………………………………36 Section V: Solicitation Provisions………………………………………………………………………37

Section II: Continuation of SF1449

Continuation of SF-1449 Block 15: Deliver To

Deliver To: Required delivery address and POC will be listed on individual delivery orders. FOB Destination to various locations in the USA and its associated territories. National Stock Numbers (NSN) required on items stocked at the USCG warehouse (provided after contract award).

Place of Acceptance on behalf of the Government: The Place(s) of Acceptance will be the delivery location(s) identified on the individual delivery orders.

Continuation of SF-1449 Block 16: Administered By (Contract Management)

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

Contract Administration: The U.S. Department of Homeland Security, USCG, Director of Operational Logistics (LOG-9), 300 East Main Street, Suite 900, Norfolk, VA 23510- 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 LOG-9 Contracting Officer.

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

Alternate Contracting Officer(s): Any warranted USCG LOG-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 Chenega Enterprise Systems and Solutions, 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, and Ms. Kirsten Johnson, both employees Chenega Enterprise Systems and Solutions, LLC. Non-disclosure agreements between Ms. Spruill, Ms. Johnson and Mr.

Kanash, and Chenega Enterprise Systems and Solutions, 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 Chenega Enterprise Systems and Solutions, LLC, Ms. Spruill, Ms. Johnson and Mr.

Kanash to contact Chenega Enterprise Systems and Solutions, 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. POC Chenega Enterprise System Systems and Solutions, LLC, 609 Independence Parkway, Suite 210, Chesapeake, VA 23320-5209, POC: Mr. Robert Neild, Program 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.

PROCEDURES FOR ISSUING DELIVERY ORDERS

Delivery Orders under this contract shall be prepared by a LOG-95 Contract Specialist and signed by a warranted LOG-9 Contracting Officer, on an OF-347 (or other equivalent form), and shall contain the following information:

(a) Date of Order

(b) Contract number and Delivery Order number

(c) Procurement Request (PR) document number (i.e., 16-digit number)

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

(e) Accounting and appropriation data

(f) F.O.B. Point

(g) Delivery date

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

(i) Delivery order grand total

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

(k) Any other pertinent information

Delivery/Task Orders shall be in accordance with FAR Clause 52.216-18. An emergency order will be confirmed with a Form OF-347 written and signed order from the Contracting Officer within three (3) workdays after a call is placed.

EMAIL ADDRESS FOR DELIVERY ORDERS

Contractors shall indicate email addresses below where copies of delivery orders shall be sent:

E-mail:

E-mail:

1. DHS 700-21 Form, Material Inspection and Receiving Report (MIRR) Upon completion of each delivery order, the Contractor shall prepare and furnish to the COR/Alternate COR for approval an Attachment 3, DHS 700-21 Form, Material Inspection and Receiving Report (MIRR). One copy of each DHS 700-21 Form, or approved equivalent, shall be submitted with the invoice. The report shall include:

Contract number/Delivery Order number.

DHS 700-21 Form or equivalent invoice number.

CLIN Number, CLIN description, quantity, unit price, and extended price.

Description of any invoice deductions.

A copy of the Progress Report (if required)

Invoices shall not be submitted until the Material Inspection and Receiving Report (DHS 700-21) has been approved by the COR.

CGAP 3032.7002-90, INVOICE AND VOUCHER REVIEW AND APPROVAL

Electronic Submission of Payment Requests (FSMS Awards)

(a) 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 must be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 must be provided.

(b) Except as provided in paragraph (c) of this clause, the contractor must 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.

(c) 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.

(d) If alternate payment procedures are authorized, the contractor must include a copy of the contracting officer's written authorization with each payment request.

(e) IPP enrollment information is at https://www.uscg.mil/fincen/IPP/. 2. In conjunction with the subject award, proper invoices will be submitted through the Invoice Processing Platform (IPP) at https://www.ipp.gov/. IPP is a secure web-based electronic invoicing system provided by the U.S.

Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.

(f) Receiving Official: [Insert name here] Invoice Approver Official: [Insert name here] Contracting Officer’s Representative: [Insert name here] (to be completed at time of award).

Continuation of SF-1449 Blocks 19-24: Schedule of Supplies/Services

Contract Type/Ordering The contract type is an Indefinite-Delivery Requirements Contract (one or more contracts) with Fixed Unit Prices* (base period with four option periods) with annual adjustments made for economic price adjustments for Diesel Fuel. Delivery Orders will be issued in accordance with the contract when supplies are required by the Governments. 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 quantity ordered and the required delivery date(s) and locations. Delivery Orders may be issued orally, by facsimile, by electronic commerce (e.g., e-mail), or by mail. The Contractor is not authorized to provide supplies prior to the issuance of a Delivery Order.

*Fixed Unit Prices shall include all costs (direct and indirect labor, overhead, general and administrative expenses and profit) to provide the supplies, which includes, but are not limited to, all applicable Federal, State, and local taxes and duties in accordance with FAR Clause 52.212- 4(k), Taxes and all FOB destination, delivery and shipping charges. Note: FAR Clause 52.212- 4(w), Economic Price Adjustment (EPA) – Diesel Fuel, is only applicable to the cost of diesel fuel.

Estimated Quantities The quantities of supplies specified in the “Schedule of Supplies/Services” are estimates only and are not purchased by this contract. The quantities needed may increase or decrease based on the needs of the U.S.

Coast Guard.

Planned Contract Performance Periods: (Actual dates may change based on award date)

Base Period: 28 August 2024 – 27 August 2025 Option Period 1: 28 August 2025 – 27 August 2026 Option Period 2: 28 August 2026 – 27 August 2027 Option Period 3: 28 August 2027 – 27 August 2028 Option Period 4: 28 August 2028 – 27 August 2029

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

Abbreviations:

The following abbreviation(s) are used in the “Schedule of Supplies/Services and Unit Prices.”

CLIN: Contract Line Item Number EA: Each

GENERAL INFORMATION FOR COMPLETING SCHEDULE OF SUPPLIES/SERVICES

(ATTACHMENT 1):

Schedule of Supplies/Services is provided as Attachment 1. All prices submitted in response to this solicitation shall be in whole dollar amounts and based on fixed prices. The Government will evaluate offers for award purposes by adding the total prices for all options to the total price for the basic requirements. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

A list of Contract Line-Item Numbers (CLINs) and items, quantities, and units of measure (including options) is found at Attachment 1, Schedule of Prices for B.1 – B.5. Unit prices for the Option years are subject to an Economic Price Adjustment. The Schedule of Supplies/Services is provided in five sections for various types of LED Lanterns and Upgrades. Offerors have the option to submit a proposal for only one Lantern Type, or any two, three, four or all five Types of Lanterns, shown in Sections B1, B2, B3, B4, and B5. If an offeror submits a proposal for any section, they must offer on all line items for that section. Data Sheets 1 – 6 are found in Section 6 of Specification 506, Rev. 4, and identified in Schedule as follows:

1) B.1 – Small, Large and Large with Automated Information System (AIS) Self-Contained LED Lanterns, four colors (Data Sheet 1)

2) B.2 – Small and Large Self-Contained Lanterns with accessories, all four colors (Data Sheet 2)

3) B.3 – Low, Medium, High and Ultra High Intensity Standalone LED Lighthouse Lanterns and accessories (Data Sheet 3)

4) B.4 –Standalone LED Range Lanterns and accessories (Data Sheet 4)

5) B.5 –Standalone LED Lanterns and accessories (Data Sheets 5 and 6)

6) The offeror shall complete the Price Schedule (Attachment 1), which includes tabs for each performance period (Base Period through Option Period 4), in the Excel document sheet and submit with their completed offer.

7) The offeror shall provide a “Unit Price” for all items. Although formulas calculate the “Amounts” and the “Grand Totals” 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.

8) For each CLIN in the option years, the offeror shall provide the amount of the portion of the unit price that is subject to the EPA Clause in the columns labeled “Portion of the Unit Price Subject to the EPA”. Lanterns are subject to the EPA Clause for #2 Diesel 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 performance periods Option Period 1 – Option Period 4. There is no EPA applicable in the Base Period.

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 CLIN X001AA, USCGC Chena, Hickman, KY, is $100 for the Option Period 1, 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 Unit Price Subject to EPA 0001AA LED Marine Lantern N/A 1001AA LED Marine Lantern $32.00 2001AA LED Marine Lantern $32.00 3001AA LED Marine Lantern $32.00 4001AA LED Marine Lantern $32.00

9) The completed award price schedule(s) will be incorporated into section B.5 of the contract upon award.

STATEMENT OF WORK

See Attachment 2, USCG Specification No. 506, Revision 4 dated 17 Apr 2024

Statement of Work. The Contractor shall manufacture and deliver Light Emitting Diode (LED) Marine Lanterns for USCG Waterway Operations Product Line (WOPL) used by Aids to Navigation (ATON) units across the U. S. Coast Guard that meet the requirements identified in the Specification for Fabrication of Light Emitting Diode (LED) Marine Lanterns; Specification No. 506, Rev 4 (17 Apr 2024). These specifications include certain measurements, optical performance, power and control systems, service life and maintenance, sizes, and mass, mounting provisions, and environmental conditions requirements. The Contractor shall furnish all necessary material, labor (direct and indirect), equipment, transportation, facilities and supervision to manufacture, fabricate and ship the LED Marine Lanterns. 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.

Program Management. Meetings may 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:

Post-Award Conference: A post-award conference shall be required prior to the commencement of any work under this contract. At the Contracting Officer’s discretion, the conference shall be at the Contractor’s facility, or by teleconference call.

Program Overview Meeting (POM): 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.

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, inspection, or consultation during all phases of fabrication, if requested.

All transportation cost shall be included in the fixed price for associated CLIN(s). Fixed Unit Prices shall include all costs to provide the supplies, which includes, but is not limited to, all applicable Federal, State, and local taxes and duties in accordance with FAR Clause 52.212-4(k), Taxes and all FOB destination, delivery, and shipping charges. Note: FAR Clause 52.212-4(x), Economic Price Adjustment (EPA) – #2 Diesel Fuel, is only applicable to the cost of fuel.

All deliveries will be made no later than the date specified on 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. Requests to deliver later than the date specified on the delivery order must be approved by the Contracting Officer. The Coast Guard reserves the right prior to agreeing to a delivery date to declare a date as a non-delivery date. Expenses incurred by the contractor due to failure to make delivery on a mutually agreed upon delivery date shall be the responsibility of the contractor.

Deliveries or Performance. Place(s) of Delivery: The place of delivery may be any U. S. Coast Guard location as indicated on the Orders as issued. Delivery Date: The delivery date for Orders issued under this Contract is 90-days from receipt of a delivery order.

Notice Regarding Late Delivery. The Contractor shall notify the Government in writing as soon as it becomes apparent to the Contractor, that the scheduled delivery will be late. Such notification in no way limits any Government contractual rights or remedies including but not limited to termination.

Preservation, Packing and Marking for SFLC Warehouse Orders. (See Attachment 4) Additional CLINs (see Attachment 1) are provided for the additional unit cost for any lantern ordered for delivery to the SFLC Warehouse located in Baltimore MD. This CLIN shall only include the additional Preservation, Packaging and Marking requirements as included in Attachment 4 of the Solicitation. This additional add-on cost per unit, shall not include any additional shipping costs, as the Fixed Unit Prices for each lantern includes the cost FOB destination delivery and shipping charges. cost of shipping.

Section III: Contract Clauses

FAR Clause 52.212-4: CONTRACT TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in

(i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws

Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

ADDENDUM TO FAR CLAUSE 52.212-4;

(w) Contractor Performance Evaluations.

(1) In accordance with FAR Subpart 42.15, Contractor Performance Information, the Contractor's performance may be evaluated throughout the contract (and task/delivery order) period of performance.

The results will be compiled and reported in a Contractor Performance Report for use by this agency and other government agencies for future source selection decisions. The report will be compiled jointly by the Contracting Officer's Representative (COR) and the Contracting Officer. The Contracting Officer will forward the report to the Contractor for comments. In the case of a contract with option years, interim reports will be completed.

(2) The areas to be evaluated include, but are not limited to: Quality of Product or Service, Schedule, Cost Control, Business Relations, Management of Key Personnel, and Utilization of Small Business.

(3) Each area may be evaluated using the following scale: Exceptional, Very Good, Satisfactory, Marginal and Unsatisfactory.

(4) The Contractor Performance Assessment Reporting System (CPARS) may be used for all performance evaluations. Copies of the reports will be maintained in the CPARS database and in hard copy in the official contract file.

(5) The results of the report will be provided to the Contractor who will be given a period of thirty (30) days to review and provide comments. All comments will be considered by the Contracting Officer and reviewed in accordance with FAR 42.1503. The report will be marked "Source Selection Information" and safeguarded ‘for official use only’ in accordance with Federal Acquisition Regulation Part 3.104.

Since there is a limitation of 2000 characters for each area evaluated, there may be an occasion that all evaluations and comments be manually addressed and maintained in the official contract file. If this is the case, each area will be annotated to contact the cognizant Contracting Officer for all evaluation documentation.

(x) Economic Price Adjustment (EPA) Clause – #2 Diesel Fuel

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

(2) A portion of the unit prices for the following Contract Line Items (CLINs) are subject to the EPA for fuel.

Note: Base Period CLINs 0001AA – 0001AS are not subject to an EPA Option Period One CLINs 1001AA – 1001AS Option Period Two CLINs 2001AA – 2001AS

(3) An adjustment will be based on the U.S. Department of Labor, Bureau of Labor Statistics (BLS), Producer Price Index for Iron and Fuel, Series ID WPU057303, 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 March; 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 fuel 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.

(4) 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.

(5) 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 an adjustment if the Index decreases by 3% or more for any affected performance periods. 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.

(6) 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.

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

(B) 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 and 2. The EPA 1 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for March, April, and May 2024

(ii) Average Index for March, April, and May 2025

(C) 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 March, April, and May 2025

(ii) Average Index for March, April, and May 2026

(7) 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 March 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 March 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.

(8) 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.

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

(i) Calculate average index for March, April, and May 2024 rounded up to four Decimal places.

(ii) Calculate average index for March, April, and May 2025 rounded up to four decimal places.

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

(iv) 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.

(v) Calculate revised CLIN unit…