Solicitation RFP 70Z08421RBB800100.pdf

SOLICITATION RFP 70Z08421RBB800100

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This is a Request for Proposal (RFQ) and the solicitation number is 70Z08421RBB800100. This request is being issued by Contract Office 7008: USCG Director of Operation Logistics (DOL-95), 300 East Main Street, Suite 965, Norfolk, VA 23510.

2. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular 2020-06. The full text of FAR Clauses may be accessed electronically at:

https://www.acquisition.gov/browse/index/far

The full text of HSAR Clauses may be accessed electronically at:

https://www.acquisition.gov/hsar

3. This Request for Proposal is issued to establish an Indefinite Delivery Indefinite Quantity, Firm-Fixed Price contract to provide various sizes of concrete sinkers for buoy river tenders in accordance with the attached drawings and specification for U.S. Coast Guard District Eight (8).

Concrete sinkers, are used to hold buoys in place on the river bottoms of various river systems.

The USCG has a need up to three separate contracts to provide concrete sinkers located within three (3) river valley areas.

Ohio River Valley Area – USCGC Ouachita (Chattanooga, TN), USCGC Chena (Hickman, KY), USCGC Chippewa/Cimarron (Buchanan, TN), USCGC Osage (Sewickley, PA), USCG Obion (Owensboro, KY);

Upper Mississippi River Valley Area – USCGC Gasconade (Omaha, NB), USCGC Sangamon (Peoria, IL), USCGC Leavenworth (Leavenworth, KS), USCGC Scioto (Keokuk, AK), USCGC Cheyenne (St. Louis, MO), USCGC Wyaconda (Dubuque, IA);

Lower Mississippi River Valley Area - USCGC Wedge (Demopolis, AL), USCGC Greenbrier (Natchez, MS), USCGC Kanawha (Pine Bluff, AR), USCHC Kankakee (Memphis, TN), USCGC Kickapoo (Vicksburg, MS), USCGC Patoka (Greenville, MS), USCGC Muskingum (Sallisaw, OK), ANT Colfax (Colfax, LA), ANT Eufaula (Eufaula, AL), ANT Morgan City (Morgan City, LA)

4. The following Attachments apply to RFP 70Z08421RBB800100:

Attachment 1 Schedule of Prices, Ohio River Valley Area Attachment 2 Schedule of prices, Upper Mississippi River Valley Area Attachment 3 Schedule of Prices, Lower Mississippi River Valley Area Note: Vendor shall enter unit price, cells for total price cells contain formulas and will calculate automatically Attachment 4 Specification for Concrete Sinkers 1,000lb, 1,500lb & 2,000lb Attachment 5 USCG drawing 6292 – 1,000lb & 1,500lb Sinker Attachment 6 USCG Drawing 2,000lb Sinker https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/hsar

Attachment 7 Shipping Addresses Attachment 8 DHS Form 700-21 Material Inspection and Receiving Report Attachment 9 Past Performance Questionnaire Attachment 10 DHS Form 700-03 Attachment 11 SF-1449

5. This solicitation is Set-Aside for Small Business Concerns (100%). The North American Industry Classification (NAICS) 337331 and the size standard is 500 employees.

6. This requirement consists of a Base Year and Four (4) Options Years Anticipated Contract Performance Periods (dates may change based on contract award date) Base Period: 16 MAY 2021 (or date award) – 15 MAY 2022 Option Period One: 16 MAY 2022 – 15 MAY 2023 (If exercised by the Government) Option Period Two: 16 MAY 2023 – 15 MAY 2024 (If exercised by the Government) Option Period Three: 16 MAY 2024 – 15 MAY 2025 (If exercised by the Government) Option Period Four: 16 MAY 2025 – 15 MAY 2026 (If exercised by the Government)

7. Schedule of Supplies/Services is provided as Attachment 1 –3. All prices submitted in response to this solicitation shall be in whole dollar amounts and based on fixed prices. The schedule of Supplies/Services and Unit Price is divided into three (3) AREAS with each AREA having five (5) performance periods each. This solicitation may result in up to three contracts (one for each Area). Offeror(s) have the option to propose on only one Area, on any two Areas, or on all three Areas. Contracts will be awarded to the offeror(s) who offer is most advantageous to the Government, price and other factors considered.

8. Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449.

9. Systems for Award Management: IAW FAR 4.1102(a), offeror(s) are required to be registered in the Systems for Award Management (SAM) database at the time an offer or quotation is submitted in order to comply with the annual representations and certification requirements.

Registration may be done on-line at www.sam.gov.

10. Payment will be made by Electronic Funds Transfer (EFT) to the financial institution listed in the System for Award Management (SAM). Electronic submission of invoices is mandatory for this contract and/or any orders issued in accordance with this contract.

All invoices from the Contractor shall be submitted electronically IAW FAR 52.232-33.

Using Internet Explorer (not Google Chrome, Yahoo, Firefox, etc.) select the link:

http://www.fincen.uscg.mil/electron_cg24.htm

Click Online: Coast Guard Award Invoices or Contract/Order Invoices. This will take you to a login page. Please click on the link for the USCG Vendor Electronic Invoice Submissions Quick Reference Guide which will walk you through the process of creating a login and password needed to electronically submit invoices.

http://www.sam.gov/ http://www.fincen.uscg.mil/electron_cg24.htm https://www.fincen.uscg.mil/centralinv/USCGVendorElectronicInvoiceSubmissionsQuic kReferenceGuide.pdf

When filling out the Contractor Invoice Submission Form please be sure to select the Invoice Routing Code (SILC PCB-4) so the invoice reaches our office for processing.

Please make sure you insert the contract and invoice number as it is documented on your contract task order and/or modification.

If you have difficulties uploading your invoice, contact the Finance Center’s Customer Service Team at (757) 523-6940.

Copies shall also be emailed to the Contract Specialist and the COR.

a. Upon completion of each contract requirement the Contractor shall prepare and furnish to the COR/Alternate COR for approval a 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 including 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 (as necessary)

Invoices shall not be submitted until the Material Inspection and Receiving Report (DHS 700-

21) has been approved by the COR.

b. The Contractor shall submit all invoices for supplies or services via the U.S. Coast Guard Finance Center (FINCEN) website at: www.fincen.uscg.mil

(1) Select “Submitting Invoices” under “Vendors” on the right hand side of the screen.

(2) Select “Coast Guard Vendors”

(3) Select “Coast Guard Award Invoices or Contract/Order Invoice” (‘24’ document)

(4) Select “Online: Coast Guard Award Invoices or Contract/Order Invoices “

(5) Go to Step 3 (if contractor has already created a PDF invoice) to complete the “Contractor Invoice Submission Form”.

c. The electronic submission requires the contractor to:

(a) Complete the Contractor Invoice Submission Form

(b) Select the correct Invoice Routing Code, which is SILC PCB-4 (the Contractor must select the correct Invoice Routing Code for timely invoice processing.)

(c) Attach a single PDF file, which can be no larger than 3 MB, containing the invoice and any necessary supporting documentation. (Grey-scale PDFs and Portfolio PDFs are not compatible.)

(d) If your single PDF file is larger than 3 MB:

• Complete the Contractor Invoice Submission Form via the website and attach the invoice document only, then https://www.fincen.uscg.mil/centralinv/USCGVendorElectronicInvoiceSubmissionsQuickReferenceGuide.pdf https://www.fincen.uscg.mil/centralinv/USCGVendorElectronicInvoiceSubmissionsQuickReferenceGuide.pdf http://www.fincen.uscg.mil/

d. The Contractor shall submit a proper invoice as identified in FAR Clause 52.212-4(g) Invoice.

All invoices shall be itemized to correlate to the Schedule of Supplies/Services. All improper invoices will be rejected which could delay payment.

11. Place of Performance: Principle place of performance will be at the Contractor’s Facility with delivery to various USCG locations.

12. 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 via email (NO phone calls) to the Contract Specialist at james.c.kanash@uscg.mil no later than (30 MARCH 2021) 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. All questions/concerns will be compiled and addressed on an “Amendment of Solicitation” (SF-30) and will be posted on the beta.SAM.gov website for viewing by all potential offerors.

13. Offerors responding to this announcement shall submit their proposals via email to james.c.kanash@uscg.mil. All proposals must be received by 3:00 PM EST, Monday, April 19, 2021 to be considered for award.

14. The following clauses are provisions are applicable to this acquisition

FAR Clause 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (JUN 2020)

(a)This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908.

(b)The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section FAR 3.908.

(c)The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

(End of clause)

FAR Clause 52.204-1: Approval of Contract (DEC 1989).

This contract is subject to the written approval of a Contracting Officer from the United States Coast Guard, Director of Operational Logistics (DOL 9 COCO) and shall not be binding until so approved.

mailto:james.c.kanash@uscg.mil mailto:james.c.kanash@uscg.mil http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-3#FAR_3_908 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-3#FAR_3_908 https://www.acquisition.gov/far/part-2#FAR_2_101

(End of Clause)

FAR Clause 52.204-21 –Basic Safeguarding of Covered Contractor Information Systems

(JUN 2016)

(a) Definitions. As used in this clause--

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

FAR Clause 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

(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 Government wide 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 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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1

(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-https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

(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:

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(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 32.608-2 of the Federal Acquisition Regulation 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 https://www.acquisition.gov/far/part-32#FAR_32_608_2 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 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.

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(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.

ADDENDUM TO FAR CLAUSE 52.212-4; the following paragraphs are added to the clause.

(w) 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 each Contract Line Item (CLIN) for Option Period One, Options Period, Option Period Three and Option Period Four are subject to the EPA for fuel.

Note: The Base Period is NOT subject to an EPA

(3) An adjustment will be based on the U.S. Department of Labor, Bureau of Labor Statistics (BLS), Producer Price Index for Fuels and related products and power, #2 Diesel 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.

(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, 2, 3 and 4. The EPA 1 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for October, November and December 2021

(ii) Average Index for October, November and December 2022

(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 October, November and December 2022

(ii) Average Index for October, November and December 2023

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

(i) Average Index for October, November and December 2023

(ii) Average Index for October, November and December 2024

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

(i) Average Index for October, November and December 2024

(ii) Average Index for October, November and December 2025

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

(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 October, November and December 2021 rounded up to four

Decimal places.

(ii) Calculate average index for October, November and December 2022rounded 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 prices by adding the price adjustment from above to the original CLIN unit prices for Option Periods 1 and 2.

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

Table 1 - Sample Awarded Contract Information before any EPAs

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

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

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

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

(i) CLIN 0001AA Awarded Unit Price: $5,000.00

Portion of CLIN 1001AA Unit Price not subject to EPA: $1,500.00

Portion of CLIN 1001AA Unit Price subject to EPA: $3,500.00

(ii) CLIN 2001AA Awarded Unit Price: $5,052.00

Period of Performance CLIN Awarded

Unit Price Portion of Unit Price not subject to EPA

Portion of Unit Price subject to EPA

Base Period 0001AA $4,950 $1,450 $3,500**

Option Period 1 1001AA $5,000 $1,500* $3,500**

Option Period 2 2001AA $5,052 $1,552* $3,500**

Portion of CLIN 2001AA Unit Price not subject to EPA: $1,552.00

(iii) Average Index for October, November and December 2018: 202.1000

(iv) Average Index for October, November, and December 2019: 223.2333

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

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

(vii) Adjusted CLIN 1001AA Unit Price: $5,000.00 + $365.99 = $5,365.99

(viii) Adjusted CLIN 2001AA Unit Price: $5,052.00 + $365.99 = $5,417.99

(Adjusted Portion of CLIN 2001AA subject to EPA: $3,500 + $365.99 = $3,865.99)

(C) EPA 2 Adjustment – Sample Calculations (Completed before Option Period Two is exercised):

(i) CLIN 2001AA Unit Price: $5,417.99 (See paragraph (j)(2)(viii)

Portion of CLIN 2001AA Unit Price not subject to EPA: $1,552.00

Portion of CLIN 2001AA subject to EPA: $3,865.99 (See paragraph (j) (2) (viii)

(ii) Average Index for October, November, and December 2019: 223.2333

(iii) Average Index for October, November, and December 2020: 235.3950

(iv) Index Percent Change: (235.3950 - 223.2333) / 223.2333) X 100 = 5.4480%

(v) Amount of adjustment: $3,865.99 X .054480 = $210.62

(vi) Adjusted CLIN 2001AA Unit Price: $5,417.99 + $210.62 = $5,628.61

Table 2 - Sample EPA Calculations (EPA Adjustments 1 and 2)

CLIN Awarded Unit Price

EPA 1

Adjustment

Amount

New Unit Price with EPA 1 Adjustment

EPA 2

Adjustment

Amount

New Unit Price with EPA 2 Adjustment

0001AA $4,950 N/A N/A N/A N/A

1001AA $5,000 $365.99 $5,365.99 N/A N/A

2001AA $5,052 $365.99 $5,417.99 $210.62 $5,628.61

(10) Any dispute arising under this clause shall be determined in accordance with and subject to the Dispute clause of the contract.

(11) The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to the cost of material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in FAR Subpart 4.7, whichever is earlier.

(x) Contractor’s Releases.

The Government may require the Contractor to complete Contractor’s Releases (DHS Form 700- 3 or an equivalent form) at the completion of the contract and/or each order.

(y) 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.

(End of Addendum to FAR Clause 52.212-4)

FAR Clause 52.212-5: Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (OCT 2020)

As prescribed in 12.301(b)(4), insert the following clause:

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108- 77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

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