693JF719R000034 Amendment 3 and QA.pdf

(x)

693JF719R000034

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

693JF7

WASHINGTON DC 20590

1200 NEW JESEY AVE SE

OFFICE OF ACQUISITIONS

MARITIME ADMINISTRATION

04/13/20200003

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

02/20/2020

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

NO CHANGE TO PROPOSALS DUE DATE, REMAINS: 5/1/2020

The purpose of this Amendment is to address minor updates and clarifications in response to inquiries from Industry. See below for summary of changes. In addition to the Amended solicitation information, please review Question and Answers attached.

Summary:

1. Updated termination and other clauses

a. FAR 52.249-1 added to the RFP.

b. FAR 52.216-8 added to the RFP

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

WILBUR TURNER

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

TEL: EMAIL: 202-366-0700 wilbur.turner@dot.gov

X 1

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

693JF719R000034/0003

2. Paragraph 52.216-18 Ordering (Oct 1995)

52.216-22 --Indefinite Quantity (Oct 1995).

Changed to reflect 6 Years POP.

3. Deleted 52.213-4 Simplified Acquisition Terms and Conditions.

4. Updated Table L.1 to reflect Resume requirements- Resumes: 2 pages each.

5. Amendment clarifies no page limitation on J-9 attachment (passed performance reference). In addition, references must be submitted directly to the CO from the reference, not the offeror.

6. Added NDAA language; FY 2018 NDAA (P.L.

115-91):

Link:

https://www.congress.gov/115/plaws/publ91/PLAW-115 publ91.pdf

SEC. 1021. NATIONAL DEFENSE SEALIFT FUND.

``(3)(A) Notwithstanding the limitations under subsection (c)(1)(E) and paragraph (1), the

Secretary of Defense may, as part of a program to recapitalize the Ready Reserve Force component of the national defense reserve fleet and the

Military Sealift Command surge fleet, purchase any used vessel, regardless of where such vessel was constructed if such vessel--

``(i) participated in the Maritime

Security Fleet; and

``(ii) is available for purchase at a reasonable cost, as determined by the Secretary.

``(B) If the Secretary determines that no used vessel meeting the requirements under clauses (i) and (ii) of subparagraph (A) is available, the Secretary may purchase a used vessel comparable to a vessel described in clause

(i) of subparagraph (A), regardless of the source of the vessel or where the vessel was constructed, if such vessel is available for purchase at a reasonable cost, as determined by the Secretary.

7. Period of Performance is clarified to indicate

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

693JF719R000034/0003

this will be a Four-Year Base period with one

Two-Year option.

8. Solicitation Document History Clarification:

Amendment 1 release date 26FEB2020

Amendment 2 release date 06APR2020

Amendment 3 release date 13APR2020

9. Additional Q&A sheet attached.

Period of Performance: 07/08/2020 to 07/07/2026

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

VAM RFP Preproposal Conference QUESTIONS

(2) RE: RFP 693JF719R000034

Q68: We are still in the process of completing the requirements of the RFP and awaiting final amendment from Marad. In view of the current work at home environment and getting replies from venders we will not be able to reply and answer all requirements by the RFP due date. WE request a 21-day extension till April 22, 2020.

A: Amendment issued 27 March 2020 changed due date to 1 May 2020.

Q69: The information in G.18 does not appear relevant to the deliverable. Please advise the correct section that applies.

A: Do not understand the question as G.18 does not reference a deliverable.

Q70: The reference states: "Describe qualifications of proposed positions to fulfill the overall requirements of the contract;" Is this in reference to the two key billet requirements of the contract only or all positions including port engineers, purchasing agents, brokers, naval architects, etc.

A: Amendment clarifies that the reference pertains to the two key billet requirements.

Q71: Items 48-53 use the acronym VCM. Please define VCM.

A: “VCM” was a typo, should have read “VAM” – corrected in latest Amendment.

Q72: RFP Section C.2.2(6) Page 15, references Attachment J-18. There is no Attachment J-18.

A: Reference removed. Reference to “Attachment J-18” removed. Referenced U.S. Code and National Defense Authorization Act in BCA approach and accomplishment in Section C are publicly available online. See item number 6 above in block 14 of the SF30 for link to publication and text in block 14.

Q73: Regarding CLIN 0006 – The answer to question #16 stated that, “The Government will make the payment for the vessel via the VAM; funds will be transferred for vessel procurement through a Task Order (CLIN 0006) which is invoiced specifically for the purchase of the vessel." Question #40 expanded upon Question #16 and asked if advance payment would be made to the VAM for vessel purchase. The answer to this question was, “Yes, confirming, the VAM will NOT be financing the vessel purchase.”

Please advise the mechanics by which the VAM receives advance funds for vessel purchase.

A: Questions #16 and #40 have answered the question that the funding will be provided to the VAM via Task Order to make the purchase.

Q74: The last bullet point is incomplete. "Approach for conducting assessments, inspections, and evaluations to determine vessel material condition, to include coordination with the Government; and ".

Please provide the rest of the intended statement.

A: And is a typo and should be removed/disregarded.

Q75: Please define KPP.

A: Key Performance Parameter. Per the Operational Requirements Document (J13) KPP’s are defined as Key Vessel Features Paragraph 5.(a-h) and the table below.

Features Threshold Objective

Total Cargo Space (SqFt) >150,000 SqFt >300,000 SqFt

Vessel Dimensions Length <850 Ft

Breadth <110 Ft Length <650 Ft

Breadth <106 Ft

Draft <=38 ft <=28 ft Speed @ design draft 80%

Maximum Continuous Rating

(MCR)

>=17 Knots >28 Knots

Endurance

10,000 NM across a wide range of seawater temperatures 18,000 NM

Propulsion Diesel Slow Speed Diesel

Power

60 Hz electrical systems with 70 Kw excess power generation capacity

Power generation capacity in excess of threshold requirements

External Ramp Capacity

73.5 ton (66.7 Metric

Tons)

80 Tons + 4Ft separation

+ 80 Tons (72.5 metric tons)

Ramp Characteristics Ramp - capable of 40

Ft ISO container on ISO chassis

Slewing stern ramp

Heavy Deck Strength >50,000 SqFt >11 ft with strength >450 psf

>100,000 SqFt >11 ft with strength >450 psf

Medium Deck Strength >50,000 SqFt >9.5 ft with strength >250 psf (inclusive)

>150,000 SqFt >9.5 ft with strength >250 psf (inclusive)

Deck Height ~20,000 SqFt >14 Ft with strength >250 psf ~40,000 SqFt >19 Ft with strength >450 psf

Crane Capacity N/A 110 LT @75 Ft

C4I

Commercial standard + 100 SqFt enclosed space on/near bridge for future communication equipment

Cabin for SECRET equipment, no remote MCS, EMCON capable

Maneuvering Thrusters Commercial standard Multiple thrusters that allow docking and undocking without tug

Navigation Commercial Standard Redundant systems, inertia compensated

GPS navigation

Berthing / Supercargo Certificate of

Inspection (COI) criteria met

COI + 45

Cargo Fueling N/A Store fuel and refuel vehicles onboard

Cargo Fire Fighting Capability

Commercial Standard prescribed by

SOLAS and USCG

IMDG certification to enable carriage of vehicles containing gasoline and ammunition

Damage Control /

Survivability

Commercial Standard prescribed by SOLAS and USCG

Highest Class society approval

Q76: RFP Section B. Table B-1, Page 3, CLIN 0006, Note 4, states “Actual cost. Not subject to markup.” – Please advise if “actual cost” is inclusive of brokerage fees as is standard industry practice.

Answer: Yes

Q77: Termination for the convenience of the Government – Please advise if the Government’s termination for convenience clauses flow down to the shipyard and other subcontractors. In other words, if the Government terminates for convenience please confirm that the Contractor is not liable for damages if the Contractor carries out it obligations under the VAM Contract.

A. The prime contractor (VAM) is responsible for their subcontract terms and conditions. The government’s contract is with the prime. However, there are necessary flow down clauses, which are clauses that the government does not require you to flow down, but that the prime (VAM) had better flow down in order to protect the prime, such as the Changes clause and the Termination for Convenience clause.

Q78: Termination for breach or default – Please advise if the Government’s termination for breach or default clauses flow down to the shipyard and other subcontractors. We note that the Contractor has no right to remedy or cure a breach/default prior to termination. If the Government terminates for cause, the Contractor will be liable for damages (we note that there is no exclusion of consequential damages). This risk will be very difficult to manage with the shipyard, because most shipyards will insist on (i) a reasonable opportunity (e.g., 30 days) to cure the breach before the contract can be terminated, and (ii) a waiver of consequential damages.

A. The prime contractor (VAM) is responsible for their subcontract terms and conditions. The government’s contract is with the prime. However, there are necessary flow down clauses, which are clauses that the government does not require you to flow down, but that the prime (VAM) had better flow down in order to protect the prime, such as the Changes clause and the Termination for Convenience clause.

Q79: Warranty of merchantability and fitness – Please advise if the Government’s warranty of merchantability and fitness clauses flow down to the shipyard and other subcontractors.

The contract contains warranty provisions (i.e., warranty of merchantability and fitness for purpose), but it does not include a specified warranty period or any of the disclaimers or limitations that you would typically find in a shipyard contract. For example, a shipyard contract will typically state that (i) its liability for any delay in completing the work is limited to liquidated damages, which are typically capped at a fairly low percentage of the contract price, and (ii) the customer’s sole remedy for warranty defects will be for the shipyard to repair or replace the defective item. Similar limitations are not included in the VAM contract, which would leave the VAM contractor exposed for damages. Also, note that many shipyards will not agree to provide a warranty of merchantability or fitness for purpose. Similarly, most vessel purchase MOAs will provide that the vessel is being sold “as-is”, but similar language is not included in the VAM contract.

A. Offerors are required to propose warranty in accordance with Section L-7 of the solicitation and comply with the warranty requirements in the solicitation to include Section C.2.3, H.2.3, and 52.203-5.

Q80: Contractor to indemnify the Government for damages -- The contract requires the contractor to indemnify the Government for damages resulting from, among other things,

(i) the gross negligence, willful misconduct or violations of law by the contractor, its subcontractors, suppliers, agents, etc. (provided that such acts occurred with the privy or knowledge of the contractor’s senior management), and (ii) any insured damage caused by a subcontractor. Please advise if the Contractor can insist upon back-to-back indemnities in the shipyard contract.

A. Contractors are free to protect themselves, and the Government, in the best manner possible. Offerors are reminded not to assume that shipyards will readily provide “back-to-back” indemnification policies. Instead, offerors may want to engage shipyards regarding this requirement prior to submitting a proposal for this procurement.

Q81: Damage to Government property -- The contract provides that the shipyard will be responsible for any damage to the vessel or other Government property that results from the negligence or other fault of the shipyard or its subcontractors. Although the subcontractor’s liability is limited to $5 million per occurrence, any insured damages are not subject to the cap. Please advise if the Contractor can insist upon back-to-back terms in the shipyard contract.

A. See answer to question 80.

Q82: Government named as additional insured – The Contractor must name the Government as an additional insured on its liability policies, and the scope of that endorsement is not limited (as is customary) to the liabilities assumed by contractor under the contract. Please advise the required scope of additional insured endorsements on the Contractor’s liability policies.

A. The scope of coverage should comply with the requirements Clause H.2, which is discussed on pages 36-41 of the RFP in Amendment 002. To the extent this question is inquiring about Comprehensive General Liability Insurance, reference H.2(b) on page 36.

Q83: Government personnel in the shipyard -- The Government has a right to send representatives to the shipyard, but there is no disclaimer of Contractor’s (or the shipyard’s) liability in the event that the Government’s representatives are injured or suffer property damage while at the yard. Please advise if the Contractor is responsible for such persons during shipyard/modification work.

A. Government representatives in the shipyard are considered federal employees and would not be subject to the VAM’s worker’s compensation liability. Whether the Contractor or a Subcontractor may be liable to injuries sustained by a Government representative in a shipyard is dependent upon the facts surrounding the incident.

Q84: In the revised amendment 0002 released on April 02, the Table L-1 Proposal Organization page 127 lists resumes on both the Technical Approach and the Management Approach. In addition, the page counts are different for each Volume (3 pages in Technical Approach and 2 pages in Management Approach). Please clarify whether you want the resumes in both volumes, and that the page limits are correct.

A: Resumes shall be included in the Management Approach and be 2 pages each.

Q85: The response to Q11 from the Pre-proposal conference indicated the SF33 should be included in Volume VI Pricing. The amended RFP does not address this requirement. Please confirm that the SF33 should be included in Volume VI Pricing.

A: SF33 should be included in Volume VI.

Q86: Page 127 of the amended RFP notes that resumes are to be included in Volume II Technical Approach. However, page 133 of the RFP requires identification of the Program Manager and key personnel as part of Volume III / Factor 2 Management Approach. Should resumes be provided in Volume III, not Volume II?

A: See Question 84 Response.

Q87: How do Items 00001, 00002 and 00003 on the SF Continuation Page (2 of 150 in the Amended RFP) track to the CLINs listed in Section B? The period-of-performance on the Continuation Page shows as 04/08/2020 to 04/07/2030. Is this still correct?

A: Referenced page is from original RFP. Period of Performance has been updated in latest Amendment;

Offerors should refer to latest Amendment for current terms and conditions.

Q88: According to the international practice during a vessel sale, Sellers and Buyers broker commissions are usually deducted from the contractual purchase price of the vessel. Therefore, will broker commissions be paid via a deduction to the agreed purchase price of the vessel, which will be covered in full by MARAD for the vessel acquisition transaction?

A: Question is similar to Question 76. RFP Section B. Table B-1, Page 3, CLIN 0006, Note 4, states “Actual cost. Not subject to markup.” – Please advise if “actual cost” is inclusive of brokerage fees as is standard industry practice and the answer is yes. MARAD will fund the full purchase price of the vessel via CLIN 0006 at actual cost. Since the VAM is negotiating the sale on the behalf of the buyer (MARAD) the brokers fees should be inclusive to the actual cost of the vessel.

Q89: The note under Table B-1 states that all CLINs are executable by Task Orders/Delivery Orders. Will CLINs 0001,0002, and 0003 be executed in their entirety to the scope in the RFP or multiple task orders piece meal. FFP pricing for entire CLINs is requested.

A: For pricing, see Note 1 on Table B-1. For anticipated execution, CLINs 0001 and 0002 shall be executed in series; CLIN 0003 may be executed in lieu of CLINs 0001 and 0002. The quantity and frequency of execution for these CLINs shall be dependent upon a variety of factors, including ship procurement objectives and funding availability.

Q.90 Please note that beta.sam.gov shows Amendment 0003 as being released on April 6, 2020.

However, the file Sol_693JF719R000034_Amd_0003.pdf appears to be the conformed RFP issued by Amendment 0002 and not a new amendment. Is there an Amendment 0003 for this Solicitation? Please also note that Amendment 0002 is dated as 02/26/2020, not its release date of 03/27/2020 as was initially shown in beta.sam.gov.

A. See number 8 in block 14 of the SF30 listed above.

91 Page 127 of the latest version of the RFP shows Volume V with a page limit of (5) pages of Narrative and (5) pages of Past Performance Questionnaires. However, page 135 of the RFP notes that the Offeror may identify up to a maximum of (5) references with the required information shown under a. through g. on that page, as well as a maximum of (3) references for each Subcontractor considered critical to the program, together with their Past Performance Questionnaires that are to be directly submitted by the references. This appears to contradict the page limits identified on Page 127. Please clarify.

A. The intent is that as part of Volume V the offeror may provide up to 5 pages of narrative on their past performance. The Offeror may identify a maximum of five (5) references for the prime Offeror. The Offeror may also identify a maximum of three (3) references each of the subcontractors expected to perform aspects of the effort that the Offeror considers critical to the overall success of the program. The references shall represent recent contracts (no more than 7 years from release date of the RFP) that the Offeror considers most relevant in demonstrating the Offeror’s ability to perform the proposed effort. The Offeror shall send out Past Performance Questionnaires to each of the references. The Past Performance Questionnaire in Section J-9. The Government recommends that the Offeror send the Offeror’s reference shall submit completed questionnaires directly to the Government Contracting Officer no later than the proposal due date on the RFP. Questionnaires received directly from the Offeror will not be accepted by the Government.