FSV 6 Amendment 0006_SF30.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 2

2. Amendment/Modification No. 3. Effective Date 4. Requisition/Purchase Req. No. 5. Project No. (if applicable) 0006 Sep 10, 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 0006 to Solicitation Number AB133M-09-RP-0112 is hereby issued to accomplish the following:

1. Provide answers to prospective Offerors' questions.

A. PROSPECTIVE OFFEROR Q&As

Question 34: Will the NOAA ConRep be permanently stationed at the vessel construction site or will NOAA's on-site team consist of Third Party Contractors Only? If Third Party Contractors Only are to be utilized, what methodologies does NOAA intend to

SF30 Continuation of Block Narrative Page 2 of 2 employ to mitigate design and construction disruptions / delays inherent in this type of construction supervision? (ie. Inspection Approval Authority, Change Authorization Authority, Drawing Comment Resolution Authority and etc.)

Response 34: The Government intends to apply necessary resources, processes, and controls to provide effective oversight and ensure compliance with all contract requirements.

Question 35: Several RFP requirements appear to limit offeror flexibility. Namely:

• The RFP clauses in SOR section 235 (Electric Propulsion System), Attachment J-3 (Brand Name or Equal Salient Characteristics), RFP section H.15 (Single System Vendors) seem to limit propulsion equipment and SSV competition to one vendor only.

• There are considerable price differences among seemingly equivalent propulsion equipment and SSV offers.

• RFP section L.2 52.211 does not indicate the process to be followed in the cases that the “equal” product offered by a bidder is estimated unacceptable by the Government.

• RFP section L.17 states, “… offerors are urged to submit their best offer with their original proposal.” However, the RFP does not provide a mechanism whereby bidders can know if an "equal" product, considered best value by the bidder, is determined acceptable by the government; unless bidders are allowed to submit alternative pricing options for certain products or services with their original proposal(s).

(1) Will a motor of a size and weight that fits into the guidance drawings FSV 6 802 000006-02 and 03, and can easily be accommodated as a weight item within the hull envelope, weight estimate and stability and trim constraints be allowed as “equal”?

(2) Must the motor weight be below 72000 kg or might the weight be slightly above the 72000 kg and a little bit large than the dimensions given in the "or equal" criteria?

(3) Are bidders allowed to include in their proposal more than one price option for the propulsion motors and SSV services?

(4) If (3) is not acceptable, are bidders allowed to submit more than one proposal in response to this solicitation?

Response 35: It is not the Government’s intent to unnecessarily limit offeror flexibility with respect to selection of propulsion equipment or Single System Vendors (SSV). In addition, the Government desires only one proposal per offeror and only one price option per proposal. For propulsion systems/equipment and trawling systems/equipment only, offerors may propose alternatives to the systems/equipment specified in the SOR. Proposed alternatives are to be presented in Volume I, section 1.5 – Design Integration Risks and Proposed Mitigations. Offerors shall include a discussion of the impacts of the proposed alternatives on the design. Cost impacts are to be reflected in Volume III.

Question 36: Question 2 of (Amendment 2) asks the Government to advise which export regulations apply to this procurement, the ITAR or the EAR. The response from the Government is that neither regulation applies to this procurement. This response has created some confusion, in that all technical data is regulated under either the ITAR (on the US Munitions List) or the EAR (if it is not on the USML). Could you please clarify that the FSV40 falls under the EAR and not the ITAR?

Response 36: The Government's original response to the question remains unchanged. Offerors are advised to consult with their legal counsel for further guidance on this subject.

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

End of Amendment 0006.