0020 - Ship Manager.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1 0 1. CONTRACT ID CODE

00091

1200 New Jersey Ave SE, MAR380 W26-429 1200 New Jersey Ave SE, MAR380 W26-429

FACILITY CODECODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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 ________ 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 ACKNOWLEDGMENT 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 ONLY APPLIES TO MODIFICATION OF

CONTRACTS/ORDERS.

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

is not, The purpose of this amendment is to notify offerors that the Maritime Administration (MARAD) has reviewed the protest of Patriot Contracting Services, LLC (Patriot) and decided that corrective action is necessary. As explained in more detail in the attached letter to the Government Accountability Office, the agency has determined that a re- evaluation and re-scoring of past performance for all offerors by the Past Performance Evaluation Team is necessary.

Once the re-evaluation of past performance is complete, the agency will re-examine the best value decisions and make source selections in accordance with the solicitation.

As part of the re-evaluation, the agency has no plans to re-open discussions with any offerors.

During the re-evaluation and re-selection process, performance on the contracts awarded to Ocean Duchess Inc., Keystone Ocean Services, Inc., and Interocean American Shipping Corp. will proceed uninterrupted to ensure these Ready Reserve Force vessels remain ready to perform the agency's and the nation's mission. If the selections differ from those which resulted in the award of these contracts, the previously awarded contract will be terminated for the convenience of the Government.

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

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

(Type or print)

16B. United States of America 16C. DATE SIGNED

BY

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

03/29/2011

NSN 7540-01-152-8070

PREVIOUS EDITION

UNUSABLE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR)

53.243

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

Jill M. Kline

00091

CHECK ONE

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

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.

D. OTHER (Specify type of modification and authority)

Page

2. AMENDMENT/MODIFICATION NO.

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

9A. AMENDMENT OF SOLICITATION NO.

E. IMPORTANT: Contractor is required to sign this document and return _____ copies to the issuing office.

(X)

(X)

X

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER

9B. DATED (SEE ITEM 11)

Washington, DC 20590 Washington, DC 20590

DOT/Maritime Administration, MAR-380 DOT/Maritime Administration, MAR-380

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

NO.

03/12/2010

DTMA8R09011

3. EFFECTIVE DATE

03/29/2011

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO.

(If applicable)

MARITIME ADMINISTRATION

1200 New Jersey Ave., S.E.

Washington, D.C. 20590

Office of Chief Counsel

Division of Litigation and General Law

March 28, 2010

VIA ELECTRONIC MAIL

Ms. Linda Glass, Esq.

Procurement Law Group U.S. Government Accountability Office Washington, D.C. 20548

Re: Protest of Patriot Contract Services, LLC, B-402743.3 Solicitation No. DTMA8R09011 Notice of Corrective Action

Dear Ms. Glass:

The Maritime Administration (MARAD) has reviewed the protest of Patriot Contracting Services, LLC (Patriot) and determined that a re-evaluation and re-scoring of past performance by the Past Performance Evaluation Team (PPET) is necessary.

With respect to the protestor, one of the Military Sealift Command (MSC) contracts provided by

Patriot as a reference was not obtained or evaluated even though Contractor Performance Assessment Reports (CPARs) were available for that contract in the federal Past Performance Information Retrieval System (PPIRS). Under the solicitation information from PPIRS should have been considered.

Consequently, the CPARs available for this contract will be provided to the PPET as part of the re-evaluation.

In reviewing the past performance evaluation it was also discovered that the CPARs data available in PPIRS for any of the offerors’ MSC contracts had not been provided to the PPET for the evaluation even though the solicitation indicated that information in such databases would be considered.

To correct this omission, in the re-evaluation the PPET will be provided copies of CPARS for all relevant MSC’s contracts in the PPIRS database for the period being considered. It was also not possible to ascertain whether all the PPET evaluators reviewed data regarding MARAD contracts in the Ship Manager – Performance Evaluation and Assessment System (SM-PEAS) for the entire four year period specified in the solicitation or the contractors’ comments on those evaluations. To correct this, in addition to providing access to the SM-PEAS database, the PPET evaluators will be provided copies of summary and detail past performance reports, including reports of the contractors’ comments, for all MARAD contracts in SM-PEAS for the period being considered.

The agency has decided to extend the period of the past performance evaluation from the four year period specified in the solicitation (March 2006 to March 2010) until October 2010 for information in federal past performance databases (PPIRS and SM-PEAs). The end date of October 2010 was chosen for the re-evaluation because: 1) it has been over a year since March 2010; 2) the questionnaires