FSV 6 Amendment 0002.pdf

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

15A. Name and Title of Signer (Type or Print) 16A. Name and title of Contracting Officer (Type or Print)

15B. Contractor/Offeror 15C. Date Signed 16B. United States of America

(Signature of Contracting Officer)

16C. Date Signed

(Signature of person authorized to sign)

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITIONS UNUSABLE Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. Contract ID Code Page of Pages

1 5

2. Amendment/Modification No. 3. Effective Date 4. Requisition/Purchase Req. No. 5. Project No. (if applicable) 0002 Jul 17, 2009 NAAN8400-9-06171

6. Issued By Code aj630031 7. Administered By (If other than Item 6) Code SEE BLOCK 6

WESTERN REGIONAL ACQUISITION DIVISION

7600 SAND POINT WAY NE/WC3

SEATTLE, WA 98115-6349

8. Name and Address of Contractor (No., Street, County, and Zip Code) (X) 9A. Amendment of Solicitation No.

X

AB133M-09-RP-0112

9B. Date (See Item 11) Jun 29, 2009 10A. Modification of Contract/Order No.

10B. Date (See Item 13)

Code Facility Code

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended X is not extended.

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 items 8 and 15, and returning 1 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 ACKNOWLEDG- MENT 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.

12. Accounting and Appropriation Data (if required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

(x) A. This change order is issued pursuant to: (Specify authority) The changes set forth in item 14 are made in the Contract Order No. in item 10A.

B. The above numbered Contract/Order is modified to reflect the administrative changes (such as changes in paying office, appropriation date, etc.)

Set fourth item 14, pursuant to the authority of FAR 43.103 (b)

C. This supplemental agreement is entered into pursuant to authority of:

D. Other (Specify type of modification and authority)

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

14. Description of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

This Amendment 0002 to Solicitation Number AB133M-09-RP-0112 is hereby issued to accomplish the following:

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1. Establish FTP site for requested documentation, drawings, and other information.

2. Provide answers to prospective Offerors' questions.

1. ESTABLISHMENT OF FTP SITE FOR REQUESTED DOCUMENTATION, DRAWINGS, AND OTHER

INFORMATION

NOAA has received several questions pertaining to the availability of detail design drawings and other technical documentation developed for other FSVs. In response, NOAA has implemented an FTP site as a repository for this information as well as Industry Day attendance sheets and Government presentations. Other information may be uploaded to this site in the future. See the FTP Site User Manual (Attachment 1 to this amendment) for access and use instructions.

A. Drawings and other Technical Documentation

(1) Disclaimer: The United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) retains full ownership, rights and protection in all material contained in the documents and materials provided with this amendment. You may use these materials for your own purposes.

Though NOAA believes reasonable efforts have been made to ensure the accuracy of the information contained in the materials provided herein, they may include inaccuracies or typographical errors and may be changed or updated without notice. These are intended for discussion and guidance only and are provided "AS IS"

WITHOUT WARRANTY OF ANY KIND AND RELIANCE ON ANY INFORMATION PRESENTED IS AT

YOUR OWN RISK. NOAA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH

REGARD TO THIS INFORMATION. In no event shall NOAA be liable for any direct, indirect, punitive, incidental, special, or consequential damages or damages for loss of profits, revenue, data, down time, or use, arising out of or in any way connected with the use of the these materials. If you are dissatisfied with any portion of these materials, your sole and exclusive remedy is to discontinue using them.

(2) These materials may contain references to other materials over which NOAA has no control. The inclusion of any reference does not imply endorsement by NOAA. The information and content provided by NOAA is for informational purposes only. NOAA generally and specifically disclaims any responsibility to update any information except pursuant to any contract awarded. These materials are not intended to and do not constitute legal, financial, or other professional advice. If you require legal advice, you should consult with an attorney.

(3) NOAA is withholding certain CDRLs requested because the material contains proprietary information.

Proprietary information is and remains the property of NOAA. NOAA does not warrant that a vendor’s use of information it receives under this amendment will be free from claims by non-parties for infringement or misappropriation of intellectual property rights. Additionally, NOAA does not warrant that any information it discloses is complete, accurate, free from defects, or useful for the purposes of the vendor. NOAA is under no obligation to supply proprietary information to vendors hereunder.

(4) NOAA conducted a review of available detail design drawings, and other technical documentation and contract deliverables. Some items included in the FSV 6 DRL are new deliverables and were not required by the previous contract. Not all available items will be released due to: (1) the presence of proprietary material, (2) deliverable volume (representative deliverables are included), or (3) relevance (e.g., meeting agendas and minutes). An index of drawings and technical documentation is available on the FTP site.

2. PROSPECTIVE OFFERORS' QUESTIONS AND ANSWERS

Question 1: The reference drawings contain the arrangement but do not contain a profile view of the reference vessel. Would it be possible to obtain this drawing also?

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Response 1: An updated profile drawing is not available. An older outboard profile drawing is available on the FTP site (see Section 1, paragraph A above).

Question 2: It is unclear what U.S. Export Control regulations the NOAA is subject to: International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR). Depending on the classification, export licenses will be required between any foreign company and the U.S. Shipyard. Can the Government please clarify whether ITAR or EAR applies to NOAA?

Response 2: Neither regulation applies to this procurement.

Question 3: Will the Government provide all bidders access to the construction drawings and technical documentation developed for existing NOAA FSV ships?

Response 3: Available construction drawings and other technical documentation are available on the FTP site (see Section 1, paragraph A).

Question 4: What are the propulsion power requirements for the ship?

Response 4: Your specific reference to propulsion power can be found in SOR section 235:

235 ELECTRIC PROPULSION SYSTEM

The propulsion motor(s) shall be low voltage DC, rated for continuous operation at 2250 kW and 134 r/min.

SOR section 200 contains further details regarding the propulsion plant. If additional information is required that is not available in the SOR, please submit a more detailed question in writing.

Question 5: Will design details and cut codes be made available to the successful offeror?

Response 5: Available construction drawings and other technical documentation are available on the FTP site (see Section 1, paragraph A). Cut codes are not available.

Question 6: Ref; Section L.7 Page 68 Volume I item 1.1 B; The subject item requires bidders to provide a weight estimate and CG estimate and the following item section L.7 Page 68 item 1.1 C requires bidders to provide a stability computation. The Government provides certain drawings with the solicitation, which mostly depict the desired changes from the first 4 FSVs designed and built by the builder of the existing FSV 40 class vessels at government's expense. We note that to our knowledge these first four vessels were not built to a design developed at commercial expense. The original hull form and propeller design was developed by the government prior to the solicitation for the existing FSV 40 class vessels, and all further contract work was done at the government's expense. Thus the builder of the existing FSV 40 class vessels to our knowledge had no reason to be allowed to restrict the rights to that technical data of the design, hence the government should have unlimited rights, including re-procurement rights to that technical data. But with this solicitation the government does not provide any drawings or weight and CG computations of the existing 4 ships to allow bidders to compute the change from these ships. This makes it near[sic] impossible for any bidder to reasonably satisfy this portion of section L. Could the government please provide the design drawings and detailed weight and CG computations of the existing ships to allow bidders to satisfy these requirements of section L?

Response 6: Available construction drawings and other technical documentation are available on the

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Question 7: The Government provides certain drawings with the solicitation, which mostly depict the desired changes from the first 4 FSVs designed and built by the builder of the existing FSV 40 class vessels Inc at government's expense. We note that to our knowledge these first four vessels were not built to a design developed at commercial expense, and that the builder of the existing FSV 40 class vessels to our knowledge had no reason to restrict the rights to that technical data, hence the government should have unlimited rights, including re-procurement rights to the technical data. But with the solicitation the government does not provide any drawings or weight and CG computations of the existing 4 ships to allow bidders to compute the structural weight of the new ship (FSV 6) to make an accurate and reliable competitive structural cost estimate. Could the government please provide the design drawings and detailed weight computations of the existing ships to allow bidders to perform material take offs so that they can perform a construction estimate of the FSV 6? The provision of this information is in the interest of the government to obtain robust competition and reliable competitive cost proposals.

Response 7: Available construction drawings and other technical documentation are available on the

Question 8: The Government provides certain drawings with the solicitation, which mostly depict the desired changes from the first 4 FSVs designed and built the builder of the existing FSV 40 class vessels at government's expense. We note that to our knowledge these first four vessels were not built to a design developed at commercial expense, and that the builder of the existing FSV 40 class vessels to our knowledge had no reason to restrict the rights to that technical data, hence the government should have unlimited rights, including re-procurement rights to the technical data. But with the solicitation the government does not provide any drawings of the existing 4 ships. Nor does the government make the design drawings of the ships whose design the government desires to be upgraded available in AutoCAD or ShipConstructor format, so that bidders competing on this program can use the data to change the vessel to the FSV 6 requirements, without having to redesign the FSV 6 from scratch. Since this data has not been made available (so far) provides an unfair competitive advantage to the builder of the existing FSV 40 class vessels who has this data (developed at government's expense) and inhibits competition on this solicitation. We believe that the Government wishes to have fair and robust competition under the FAR's [sic] and that it is not the intention of the government to provide an unusually unfair advantage to the builder of the existing FSV 40 class vessels especially since that company already has the advantage of having built the first four vessels in this class. Could the Government please make the detailed design drawings of the Henry Bigelow Class FSV's in AutoCAD and ShipConstructor available to bidders? We understand that if the government provides that data that the government will not be assuming any liabilities for the accuracy of that data, which bidders should be responsible to verify.

Response 8: Available construction drawings and other technical documentation are available on the FTP site (see Section 1, paragraph A). Drawings are provided in AutoCad format. ShipConstructor files are not available.

Question 9: Section L.7 item 1.2 line 5 to end of para.: This section requires bidders to identify changes which need to be made from the 'existing FSV 40 class vessels' and how they will be integrated into the design.

Without the information on the "existing FSV 40 class vessels" requested in questions 1 through 3 above this is not possible either in the proposal or the implementation of the program.

Response 9: Available construction drawings and other technical documentation are available on the

Question 10: Is the “Omni Sonar” mentioned in CLIN 0006 intended for use as a navigation instrument, versus item CLIN 0005, which is identified as a scientific instrument.

Response 10: The omni-directional sonar mentioned in CLIN 0006 is a scientific instrument.

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Question 11: Please confirm to what extent Division A/Title XVI, Sec. 1605 of ARRA (Buy American) apply to this solicitation.

Response 11: The pertinent clauses are included at Sections I.23 and I.84 of the solicitation. All Offerors are advised to read the solicitation in its entirety.

Question 12: Please confirm if any other Buy American provisions apply to this solicitation.

Response 12: Offerors are advised to read the solicitation in its entirety to ascertain requirements.

Question 13: Please clarify if five (5) copies of all volumes of the proposal or six (6) copies of all volumes of the proposal are required.

Response 13: Offerors are directed to provide an original and six (6) copies of all volumes of the proposal.

Question 14: Will a list of Industry Day attendees be provided?

Response 14: A list of Industry Day attendees is provided on the FTP site.

All other terms and conditions of Solicitation AB133M-09-RP-0112 remain unchanged.

End of Amendment 0002.