Attachment_2_Addendum_to_52.212-1.pdf

Attachment 2 – Addendum to 52.212-1: Instructions to Offerors – Commercial Items

ADDENDUM TO 52.212-1: INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS

(c): Period for acceptance of offers. Changed: "30" to "180".

(e): Multiple offers. Changed to: Multiple offers are not allowed.

(h): Multiple awards. Changed to: Only one (1) firm-fixed-price contract shall be written in response to this solicitation.

The following paragraphs have been added:

(m) Language. All correspondence submitted about this solicitation and any resultant contract shall be submitted in English, or with an English translation provided. If there is a discrepancy between the translation and English version, the English version will prevail.

(n) Currency. Danish/Greenlandic Offerors may submit their offer in Danish Kroner (DKK). All other Offerors shall submit their offer in United States Dollars (USD).

(o) Estimated Quantities. The historical data attachments in the bidders library provide the cargo actuals shipped by the United States Government (USG) since the fiscal year 2012 for planning purposes. Actual requirements are expected to vary. Refer to FAR Clause 52.247-8, Estimated Weights or Quantities Not Guaranteed.

(p) Minimum Cargo Volume. This contract has NO minimum cargo volume restrictions.

(q) Information to Offerors.

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The USG reserves the right to cancel this solicitation, either before or after the closing date. In the event the USG cancels this solicitation, the USG has no obligation to reimburse an offeror for any costs.

1. Points of Contact (POC). Upon release of the Request for Proposal (RFP), the sole POC for this acquisition the Contracting Officer (CO), Andrew Lucas. Address any questions or concerns to the CO, via email at andrew.lucas@spaceforce.mil.

2. Discrepancies and Ambiguities. If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the CO in writing with supporting rationale not later than 14 calendar days after the RFP release.

3. Revisions and Amendments. The Government reserves the right to revise or amend the specifications or the solicitation at any time. Such revisions or amendments will be communicated by formal amendment (Standard Form

30) to this RFP.

4. Pre-Performance Conference (PPC). A PPC shall be scheduled by and held by the office issuing this RFP per the contract that will be awarded as a result of this solicitation and offer. The contractor or its representative is required to attend the conference.

5. Data Transmission. To facilitate the review and evaluation of proposals submitted in response to this solicitation the USG proposes transmitting data via commercial email. Distributed material will be limited to the appropriate personnel. Should any contractor object to its proprietary information being shared between proposal evaluators and advisors via commercial e-mail, please advise the CO, Andrew Lucas via email at andrew.lucas@spaceforce.mil).

6. Bidders’ Library. None of the regulations, manuals, or other publications referenced in the RFP will be issued with the solicitation. See the Pituffik Sealift Access to Bidders’ Library Instructions attachment for access instructions.

a. Access to documents. Bidders’ Library documents will include Export Controlled, Controlled Unclassified Information (CUI), and other sensitive documents. Therefore, in order to access the Bidders’ Library, which includes PWS exhibits, publications not accessible on the internet, property and equipment lists and workload data, offerors are required to submit an Explicit Access Request to the documents on https://www.sam.gov under solicitation number

FA2523-24-R-0001.

7. Initial Proposals. Offerors should submit initial proposals with their most favorable terms, from both a technical and price standpoint. The Government reserves the right to award this effort based on the initial proposal.

8. Questions Concerning the Solicitation. All questions concerning this RFP must be submitted in writing no later than by 1500 GMT, 14 calendar days from solicitation posting. Submit questions via email to the CO, Andrew Lucas via email at andrew.lucas@spaceforce.mil

a. Cover Letter. The Offeror’s proposal shall include a cover letter that identifies the name, title, e-mail address, and telephone number of the person(s) authorized to negotiate on the Offeror’s behalf with the USG regarding this solicitation. An authorized official of the Offeror shall sign the offer and all certifications requiring a signature.

Proposals signed by an agent shall be accompanied by evidence of that agent’s authority unless that evidence has been previously furnished to the issuing office.

b. Standard Form 1449, including acknowledgment of amendments, if applicable.

1) CAGE Code in Block 17a of Standard Form 1449

2) FAR Provision 52.212-3 Offeror Representations and Certifications – Commercial Items

3) FAR Provision 52.209-7 Information Regarding Responsibility Matters

4) FAR Provision 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan

(r) Proposal Preparation Instructions.

1. General Instructions and Information. These instructions prescribe the format of proposals and describe the approach for the development and presentation of the proposed data. The offeror’s proposal must be submitted in accordance with these instructions.

a. The proposal due date is 1500 GMT, 3 January 2024. The offeror shall make a clear statement in the proposal documentation that the proposal is valid for 180 calendar days as specified in FAR 52.212-1, Addendum, paragraph

(c) cited above.

b. Offerors will be evaluated using the Factors and Subfactors according to FAR 52-212-2, Evaluation –Commercial Items and Addendums for Award.

c. The USG intends to award per the parameters established within the Military Cargo Preference Act of 1904 and the evaluation procedures per FAR Part 12, FAR Part 13, as supplemented. The USG intends to award one (1) contract to the Offeror in the highest Voluntary Intermodal Sealift Agreement (VISA) participation priority of the Department of Defense Instruction (DODI) 4500.57, Transportation and Traffic Management, paragraph 6.4 that demonstrates the best value to the USG within these parameters, fully conforms to the solicitation requirements, is technically acceptable, represents a complete, reasonable, not unbalanced price, and has been determined responsible.

d. The offeror’s proposal must include all data and information requested. A proposal that is sufficiently documented to support performance claims in a complete and orderly manner will enable the Government to perform a thorough and complete evaluation. Any offeror who submits an incomplete proposal may be considered nonresponsive, and therefore may not be technically evaluated. Non-compliance with the RFP may be grounds to eliminate the proposal from consideration for contract award.

2. Format Instructions. This section provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. Each copy shall be complete in itself. The proposal shall include all the information requested in this RFP. Failure to do so may adversely affect the evaluation. A proposal that is sufficiently documented in a complete, orderly, and specific detailed manner will enable the Government to perform a thorough and complete evaluation.

a. Proposal Copies. For ease of evaluation, the required proposal formats and extent of data are described below.

1) Binding. Not applicable.

2) Electronic Copies. The electronic (softcopy) proposal shall be Microsoft Office 2010 (MS) compatible or later versions. The proposal will be submitted via DoD SAFE (https://safe.apps.mil/) to the Contracting Officer, Mr.

Andrew Lucas. Offerors are responsible to ensure delivery of their electronic documents via DoD SAFE. All files must be clearly labeled as indicated below in Table L.1. Each Volume must be submitted as a separate file, with the appropriate Title (see naming convention item 3 below), with both a Word/Excel version and a PDF version. In the event of a discrepancy between the two versions, the PDF version will be considered the official version. Offerors are advised to perform a computer virus check prior to submission.

3) Proposal Organization, Number of Copies, and Page Limitations. Offerors’ proposal shall consist of four

(4) separate Volumes: Volume 1 – Flag Vessel Designation and VISA Participation Priority, Volume 2 - Pituffik Sealift Technical, Volume 3 – Price, and Volume 4 – Contract Documents. The titles and contents of each Volume shall be defined in this RFP, all of which shall be within the required page limits.

a) Proposals shall be submitted on plain white paper, 8 ½ x 11 paper, In response to Volume 2, Factor 2, Pituffik Sealift Technical, the Offeror's proposal package shall be no greater than 20 single-sided pages and submitted as an Adobe PDF. The USG will NOT evaluate excess pages.

b) By your proposal submission, you are representing that your firm will perform all of the requirements specified in the solicitation.

Table L.1 – Proposal Organization

VOLUME TITLE PAGE LIMIT

NUMBER OF ELECTRONIC

COPIES

Flag Vessel Designation and VISA Participation Priority 10 1 PDF

2 Pituffik Sealift Technical 20 1 MS Office

1 PDF

3 Price Unlimited* 1 PDF

4 Contract Documents Unlimited* 1 MS Office

1 PDF

*Volume 3 and 4 are allowed unlimited pages.

https://apps.mil/ https://apps.mil/ https://apps.mil/ https://apps.mil/

PROPOSAL INSTRUCTIONS

1. VOLUME 1 - Flag Vessel Designation and VISA Participation Priority Eligibility (Factor 1). In order to ensure compliance with the Military Cargo Preference Act of 1904, Offerors will be evaluated for eligibility in accordance with DoDI 4500.57. Therefore, Offeror eligibility for this acquisition is limited to VISA participants per DoDI 4500.57, Section 6. Submit a memorandum on company letterhead signed by an individual who can legally bind the company, Offerors must certify that at the time of offer submission and throughout the term of the contract:

a. Documentation that demonstrates for each vessel proposed, the Offeror’s proposed vessel is a U.S.-flag vessel organized under the laws of a State of the United States or the District of Columbia; or documentation that demonstrates the Offeror’s proposed vessel is foreign-owned or foreign-operated flag vessel.

b. Documentation that indicates current Voluntary Intermodal Sealift Agreement (VISA) participation priority.

United States Transportation Command (USTRANSCOM) will verify the VISA participant status of the Offerors by validating enrollment with the Maritime Administration (MARAD) as applicable. VISA enrollment with MARAD must be current at the time of proposal submission if the Offeror is a VISA participant. For VISA affiliate and subsidiary companies, USTRANSCOM will similarly verify the VISA participant status of the parent company.

Each Offeror shall be ranked in order of precedence by vessel capacity and VISA participation priority per DoDI 4500.57, paragraph 6.4:

a. U.S.-flag vessel capacity operated by a VISA participant and U.S.-flag Vessel Sharing Agreement (VSA) capacity of a VISA participant.

b. U.S.-flag vessel capacity operated by a VISA non-participant.

c. Combination of U.S.-flag and foreign-flag vessel capacity operated by a VISA participant and combination U.S.

flag and foreign-flag VSA capacity of a VISA participant.

d. Combination of U.S.-flag and foreign-flag vessel capacity operated by a VISA non-participant.

e. U.S.-owned or -operated foreign-flag vessel capacity and VSA capacity of a VISA participant.

f. U.S.-owned or -operated foreign-flag vessel capacity and VSA capacity of a VISA non-participant.

g. Foreign-owned or -operated foreign-flag vessel capacity of a VISA non-participant.

In order to be deemed eligible for Factor 1, the Offeror must meet the requirements of one (1) of the VISA participation Commercial Priorities. Additionally, in each of these priorities listed in a-g above, all Offerors will be evaluated for compliance and listed in order of increasing price. The lowest price will receive the highest ranking in each priority.

Price will be evaluated in Factor 3.

Preference within Commercial Priority category “g” “Foreign-owned or -operated foreign-flag vessel capacity of a VISA non-participant” will be given to Danish and Greenlandic owned or operated vessels. Preference is given in accordance with the Memorandum of Understanding (MOU) between the Government of the United States of America and the Government of the Kingdom of Denmark (Including the Home Rule Government of Greenland), dated 13 March 1991 and the subsequent modification of the MOU proposed under Diplomatic Note 053, date 16 July 2008, and acceptance by the Government of Denmark in a Diplomatic note, dated 27 January 2009.

The USG reserves the right to request waivers to the Military Cargo Preference Act of 1904 if they cannot determine the Offeror's prices to be complete, reasonable, and not unbalanced. If a waiver or waivers are approved, the government shall select Offerors from the next highest VISA category per the order of precedence.

2. VOLUME 2 - Pituffik Sealift Technical (Factor 2). Pituffik Sealift Technical will be evaluated for all eligible Offerors (from Factor 1) at the Subfactor level. Each of the three (3) Subfactors will be evaluated on an “Acceptable” or “Unacceptable” basis, as described in Attachment 4, FAR 52.212-2, Evaluation – Commercial

Items and Addendums for Award. An offeror’s proposal must receive an “Acceptable” rating for each subfactor in order to be eligible for award.

Submit your technical proposal for Factor 2 – Pituffik Sealift Technical addressing the following:

a. Subfactor 1 – Vessel Profile. Provide an approach for meeting the USG’s performance requirements associated with the vessel profile, to include documentation indicating each vessel proposed for the port season used in the performance of this contract. Vessel profiles must include the name of the vessel, type of vessel, capacity of the vessel and the flag of registry for the vessel(s) proposed for the port season used in the performance of this contract complies with the following:

1) Provide an approach to demonstrate compliance with vessel profile, ownership and/or control, and certificate requirements for the vessels proposed for the port season to be utilized in the execution of these requirements.

Provide in your approach how any changes/updates to vessel profile, ownership and/or control, and certificate requirements will be indicated.

2) (a) Maintains the same flag registry and (b) maintains active VISA participation.

3) Document capability to independently onload and offload cargo at Pituffik SB for all cargo types described in the PWS paragraph 6.1.2.

4) Document capability to ship all cargo types listed in PWS paragraph 6.1.2.

b. Subfactor 2 - Polar Code Compliance. 1) Provide an approach to meet or exceed the USG’s performance requirements associated with Polar Code compliance, to include:

(a) Provide documentation demonstrating adherence to the International Code for Ships Operating in Polar Waters (Polar Code). Reference Marine Environment Protection Committee (MEPC), 68th Session, 21, Add.1, Annex 10.

(MEPC 68/21/Add.1, Annex 10) to include Polar Ship Certificate and other applicable documents for the vessels proposed for the port season.

(b) Documentation demonstrating materials and structure of the ice-strengthened ship used shall be designed for operation at the ship’s polar service temperature and resist both global and local structural loads anticipated under the foreseen ice conditions per Polar Code, Chapter 3, Ship Structure; and

(c) Qualifications for crew while operating in polar waters, masters, chief mates, and officers in charge of a navigational watch shall be qualified per Polar Code, Chapter 12, Manning and Training.

Subfactor 3 - Cargo Security and Protection. Provide an approach to meet the USG’s performance requirements associated with Cargo Security and Protection, to include:

a. Provide an approach to protect and secure cargo from loss, theft, and/or any other damage, and demonstrates cargo protection against inclement or unusually severe weather; and

b. Provide an approach to include cargo security and protection from origin storage, port(s) in Denmark, ocean freight transport, and destination handling during onloading/offloading.

VOLUME 3 – Price (Factor 3). The Offeror shall provide a completed SF1449, and any supporting other than cost and pricing data, that documents the pricing for all services in performance of this solicitation. In response to Factor 3, Price, the Offeror's response shall contain a completed SF1449 and any supporting other than cost and pricing data.

VOLUME 4 – Contract Documents. As part of the proposal submission, include the following:

a. Completed Standard Form 1449 (Solicitation, Offer, and Award). Offeror shall include a completed form digitally signed or with a signed, scanned copy by the Offeror. This completed form constitutes an offer, which the USG may accept.

Standard Form 1449 shall include all information filled in and provided as part of Volume 4, Contract Documents.

(1) CAGE Code in Block 17a of Standard Form 1449

(2) FAR Provision 52.212-3 Offeror Representations and Certifications – Commercial Items. Complete the FAR representations and certifications in the System for Award Management (SAM) website at http://www.sam.gov.

(3) FAR Provision 52.209-7 Information Regarding Responsibility Matters

(4) FAR Provision 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan

b. Acknowledgement of all amendments. Each Offeror must complete, sign and return one electronic copy of the Standard Form (SF) 30 by the date specified on the form. This document may be scanned or be a signed PDF copy.

c. Exceptions to Terms and Conditions. Clearly state any exceptions to the terms and conditions of the RFP. If there are no exceptions to the terms and conditions, state so clearly.

d. Authorized Offeror Personnel. Provide the name, title and telephone number of the company/division point of contact regarding source selection decisions made with respect to your proposal and identify by name the individuals authorized to obligate your company contractually. Also, identify those individuals authorized to negotiate with the government.

e. Company/Division Street Address. Provide company/division's street address, county and facility code, and size of business (large or small) as it applies to North American Industry Classification System (NAICS) code 483111, Deep Sea Freight Transportation.

f. Continuance of Performance/Mission Essential Services. Submit all information required by DFARS clause 252.237-7024 “Notice of Continuation of Essential Contractor Services (Oct 2010)”.

g. Organizational Conflict of Interest (OCI). There is potential organizational conflict of interest (see FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest).

h. Completeness (Contract Documents). All contract documents requested in Volume 4 will be assessed to ensure all documents are submitted and completed in their entirety.

http://www.sam.gov/ http://www.sam.gov/