FA2523-17-R-0002-0003.PDF

l.CON1RACTID CODE PAGE OF PAGES AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT J ij 7

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECTNO.(Ifapplicable)

0003 12-Mar-2017

6.ISSUEDBY CODE FA2523 7.ADMTNISTEREDBY (Ifotherthanitemfi) CODE

DETACHMENT 1.21 CONTRACTING SQUADRON

DAGHAMMARSKJOLDSALLE24 See Item 6

2103 COPENHAGEN 0

DENMARK

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) x 9A.AMENDMENT OF SOLICITATION NO.

x 9B. DATED (SEE ITEM 11) 09-Feb-2017 bA. MOD. OF CONTRACT/ORDER NO.

lOB. DATED (SEE ITEM 13)

CODE FACILITY CODE —

1 1. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

j~j The above numbered solicitation is amanded as set Erth in Item 14. The hourand date specified Er receipt ofOlEr is extended, is not extended.

OlErmust acknowledge receipt ofthis amandmant prior to the hour and date specified in tlse solicitation or as amanded by one ofthe Ellowing nzthods:

(a) By conplesing Itena 8 and 15, and returning 1 copies ofthe anundmant; (b) By acknowledging receipt ofthis srnnsdnvnt on each copy ofthe otErsubmitted;

or (c) By separate letter or telegrasnwhich includes a reltrence to the solicitation and anzndnvnt numbers. FAILURE OF YOUR ACKNOWLEDGMENTTO BE RECEIVED AT’H-IE PLACE DESIGNATED FOR ThE RECEIPTOF OFFERS PRIOR TO ThE HOURAND DATE SPECIFIED MAY RESULTIN

REJECTION OF YOUR OFFER. lfby virtue ofthis anzndnznt you desire to change an offer already subnitted, such change may be made by telegrarnor letter, provided each telegrasnor letter makes reffrence to the solicitation and this anasndnasnt. and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APP ROPRIAT ION DATA (If required)

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

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

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE [N THE CONTRACT ORDER NO. IN ITEM bOA.

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:

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 an~endrrent will irrplerr~nt the following changes to the solicitation:

1. Include Attachrrent 5 - DoDI 4500-57 - into the solicitation.

2. Update the wording in FAR Cause 52.212-2 Evaluation - ConiTercial Items (OCT 2014).

3. Update the wording in Addendum to FAR Cause 52.21 2-1 Instruction to Offerors - Connercial Items (JAN 2017).

4. Update FAR Cause 52.216-21 Type of Contract (APR 1984).

5. To rerrove Table of Contents on page 146 of the solicitation.

The final tirre and date for questions to this soliciation is now set to be 17:00 cE~ (12:00 EST), 14 March, 2017.

All other terms and conditions to this solicitation rerroin unchanged.

Except as provided herein, all tenm and conditions ofthe docunasnt referenced in Itern9A or bA, as heretoEre changed, remains unchanged and in fell Erce and elEct.

1 5A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

TEL~7~/LL/e A~i”i&- EMAlL~74~k .4i~c~J2fI.d4 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16p1~1TED ATES OF AMERICA ilk. DATE SIGNED

BY ‘~‘~ 1 2-Mar-201 7 (Signature of person authorized to sign) (Signature of Contracting Offi~ei~’

EXCEPTION TO SF30 30-105-04

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

FA2 523-1 7-R-0002

Page2of7

SECTION SF30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1: INSTRUCTIONS TO OFFERORS - COMMERICAL ITEMS (FEB 2012)

Addendum to 52.212-1:

-Paragraph (C): Change “30” to “60”.

-Paragraph (e): Multiple offers are not allowed.

-Paragraph (h): Only one (1) requirements contract will be written in response to this solicitation.

Following paragraphs are added:

(m) Language. Any correspondence submitted pertaining to this solicitation and any resultant contract shall be submitted in the ENGLISH language.

(n) Currency. All prices listed shall be shown in USD by US offerors and Danish Kroner by Danish offerors.

(o) Estimated Quantities. The quantities listed in the Pricing Schedule reflect the Government’s best estimate based on past history. Actual requirements are expected to vary. See FAR Clause 52.247-8, Estimated Weights or Quantities Not Guaranteed.

I. PROPOSAL PREPARATION INSTRUCTIONS:

A. To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein.

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors and subfactors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of two

(2) separate parts; Part I — Price/Contract Documents Proposal, Part II - Technical Proposal.

NOTE: All proposal preparation costs will be the sole responsibility of the Offeror. The Government will not reimburse any firm for their proposal preparation costs.

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition.

Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; Offerors may be required to submit information (FAR 15.403-3 Requiring data other than certified cost or pricing data) to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

C. Fonnat Instructions: All proposal information shall be in English. Each part shall be complete in itself The proposal should include all of the information requested in the subparagraphs. 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 fair evaluation. Each part of the proposal shall be submitted in electronic format. The electronic (softcopy) proposal shall be Microsoft Office 2010 compatible. Pages in the proposal shall be in “Letter” fonnat or 8.5” x 11”. Type size will be no smaller than Microsoft Word Anal 11 point font, nonnal proportional spacing. Text used in charts, graphics, tables, exhibits or diagrams may be single-spaced and shall be at least six (6) points in height after final reduction. Offerors are advised to perform a computer virus check prior to submission.

D. SPECIFIC INSTRUCTIONS: The Offeror is requested to submit an electronic copy no later than the offer due date of 14:00 CET/ 09:00 EST on 17 March 2017 to jesper.nielsen@detl.dk, patrick.king~det1.dk, Joseph.Luetke@detl.dk, and scott.schneider@detl.dk.

1. PART I - PRICE/CONTRACT DOCUMENTS PROPOSAL (FACTOR I).

FA2523- 1 7-R-0002

Page 3 of7

a. Complete blocks 12, 17a, and 30a, b, and c of the SF 1449. An official authorized to contractually bind the Offeror must sign Block 30a. In doing so, the Offeror accedes to the contract terms and conditions as written in the solicitation.

b. Contractor is to enter prices in the Contract Line Items of the SF 1449— the Schedule of Supplies/Services for each Contract Line Item (CLIN) and Subcontract Line Items, including all option years. The extended amount must equal the whole unit price multiplied by the number of units. In addition, fill out the excel spread sheet attachment 4 per the instructions on the attachment. Fill in prices respective to your currency (USD or DKK). The Government will use the procedures at AFFARS 5352.225-9004 for evaluating currency in both USD and/or the Danish Kroner.

The Exchange rate for the evaluation of the contract proposals will be 6.7076 DKK / 1 USD which is the official exchange rate for fiscal year 2017 as published by the Office of the Secretary of Defense. This is the exchange rate referenced in 5352.225-9004 below.

c. Acknowledge and sign all amendments.

d. The US Government is exempt from paying Value Added Tax (VAT) in accordance with the Danish -American Tax Relief Agreement of 7 April 1952. All prices quoted (and paid) shall not include VAT.

e. Contractor to provide Voluntary Intermodal Sealift Agreement (VISA) Program certification to include:

a. Whether the Offeror is or is not a current VISA Participant. “Participants” are those entities currently party to a USTRANSCOM VISA contract.

b. Whether the vessel(s) offered for this RFP is currently enrolled with MARAD as capacity in the VISA Program.

c. Identify which VISA Participant commercial priority category JAW DoDI 4500-57 (attachment 5) para 6.4 your offer falls under.

*Note para 6.4g, which designates; “Foreign-owned or -operated foreign-flag vessel capacity of a VISA non-participant” as the category with the lowest priority.

2. PART II — TECHNICAL PROPOSAL (FACTOR II). The technical proposal shall address each of the following subfactors in sufficient detail to describe the offeror’s proposed approach to performing the requirements set forth in the PWS. The Offeror must submit a package not to exceed 50 single sided pages in total (not including professionally printed corporate materials). Excess pages will not be evaluated.

a. Subfactor 1 — Experience: Offeror shall submit a single summary of the offeror’ s relevant and recent experience.

Experience may be demonstrated either as a prime contractor or team effort; and either through a single prior contract or by a combination of prior contracts. Relevant experience is performance of at least two (2) contracts of similar size (12,000 measurement tons/4500 long tons or greater). Recent experience information shall consist of activities performed within the previous five (5) years from the issue date of this solicitation.

b. Subfactor 2— Polar Code: Offeror shall submit a statement of assurance which includes the following:

a. Offeror will adhere to the International Code for Ships Operating in Polar Waters (Polar Code, Attachment 3). (reference MEPC 68/21/Add. I, Annex 10. Page 3) and

b. Materials and structure of the ice strengthened ship used shall be designed for operation at the ships polar service temperature and resist both global and local structural loads anticipated under the foreseen ice conditions in accordance with Chapter 3 — Ship Structure of the International Code for Ships Operating in Polar Waters (Polar Code, Attachment 3), and

c. While operating in polar waters; masters, chief mates and officers in charge of a navigational watch shall be qualified in accordance with Chapter 12 — Manning and Training and specifically paragraph

12.3 of the International Code for Ships Operating in Polar Waters (Polar Code, Attachment 3).

c. Subfactor 3 — Vessel Registration and Capability: Offeror shall provide the name, hull number and country of registration (flag) of the ship(s) that shall fulfill this requirement and offeror shall describe the proposed approach for off-loading all cargo categories described in the Contract Line Items.

LIST OF DOCUMENTS

LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

FA2523-17-R-0002

Attachment 1 - Performance Work statement Pages 7 Attachment 2 - Historical Data* Pages 1 Attachment 3 - Polar Code* Pages 54 Attachment 4 - Excel Spread sheet — Pricing* Pages 1 Attachment S - DoD! 45OO~S7* Pages 35

* WILL NOT BECOME A PART OF THE OFFICIAL CONTRACT

52.2 12-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: I. BASIS FOR CONTRACT AWARD: The Government will award, to the offeror deemed responsible in accordance with the Federal Acquisition Regulation (FAR), as supplemented, whose proposal conforms to the Request for Proposals (RFP) requirements (to include all stated terms, conditions, representations, certifications, and all other information required by the Addendum to 52.212-1 of this RFP) and is judged, based on the evaluation criteria, using a best-value process, consisting of first ranking of offers based on their Voluntary Intermodal Sealift Agreement (VISA) category assignment and priority, JAW DoDI 4500-57, para 6.4 followed by applying Lowest Price Technically Acceptable technique, unless the determination in paragraph C. i. below is made. This source selection will be conducted using the procedures (as specified herein) from the revised Air Force Source Selection policies and procedures contained in the Federal Acquisition Regulation (FAR) 15.1. Specifically, FAR 15.101-2, Lowest Price Technically Acceptable (LPTA) and FAR 15.304 Evaluation Factors and Significant Sub-factors source selection process shall be applied. The Government seeks to award to the offeror who in the Government’s estimation, provides the greatest overall benefit in response to the requirement. By submission of its offer, the offeror agrees to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Failure to meet a requirement may result in an offer being determined technically unacceptable.

Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The Contracting Officer will make a determination of the contractor’s responsibility in accordance with FAR 9.104. The following factors shall be used to evaluate offerors:

A. FACTOR I: PRICE/CONTRACT DOCUMENTS - The Government will use offeror submitted VISA certifications to segregate offerors into the VISA Priority categories in accordance with DoDI 4500.57 (Attachment 5) para 6.4. The Government shall then rank offerors according to price, including any applicable option prices, within in each category. Non-VISA participant offers shall be ranked according to price, including any option prices if applicable. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Contract Line Items by the proposed unit price for each Contract Line Item Number or Subcontract Line Item Number to confirm the extended amount for each. The extended amounts for all CLTNs for the base year and all option years would then be added together to determine the total evaluated price. The exchange rate for evaluation of the contract proposals will be DKK 6.7076 to USD 1.00. Price will be evaluated for reasonableness. It is expected the competitive nature of this acquisition will drive price reasonableness and fairness; however, the Government reserves the right, if it deems appropriate, to make these determinations by means of one or more price analysis evaluation techniques in accordance with FAR 15.404- 1(b). The evaluation techniques described under FAR 15.404-1(c), as determined appropriate, may also be performed in further determining reasonableness of the proposed price. The US Government is exempt from paying Value Added Tax (VAT) in accordance with the Danish -American Tax Relief Agreement of 7 April 1952. All prices quoted (and paid) shall not include VAT.

B. FACTOR II: TECHNICAL — The Government’s technical evaluation team shall evaluate the technical proposals submitted by all offerors in the competitive range on a pass/fail basis, assigning a rating of Acceptable or Unacceptable. The offeror’s proposal shall be evaluated to determine whether the proposal is acceptable or

Page 5 of7 unacceptable, using the ratings and descriptions outlined below. One technical rating will be assigned to each technical subfactor. In order to be considered awardable, each subfactor must be rated acceptable. One subfactor rated unacceptable will result in an unacceptable Technical proposal. In order to be considered technically acceptable, the Offeror must submit a package not to exceed 50 single sided pages (not including professionally printed corporate materials) that successfully fulfills ALL of the below criteria in contractor chosen format:

a. Subfactor 1 — Experience: The proposal is technically acceptable when the offeror demonstrates relevant and recent experience. Experience is demonstrated either as a prime contractor or team effort;

and either through a single prior contract or by a combination ofprior contracts. Relevant experience is performance of at least two (2) contracts of similar size (12,000 measurement tons/4500 long tons or greater). Recent experience information shall consist of activities performed within the previous five

(5) years from the issue date of this solicitation.

b. Subfactor 2— Polar Code: The proposal is technically acceptable when the offeror demonstrates acceptable Polar Code adherence with a statement of assurance which includes the following:

i. Adherence to the International Code for Ships Operating in Polar Waters (Polar Code, Attachment 3). (reference MEPC 68/21/Add.1, Annex 10, Page 3) and

ii. The materials and structure of the ice strengthened ship used shall be designed for operation at the ships polar service temperature and resist both global and local structural loads anticipated under the foreseen ice conditions in accordance with Chapter 3 — Ship Structure of the International Code for Ships Operating in Polar Waters (Polar Code, Attachment 3), and

iii. While operating in polar waters; masters, chief mates and officers in charge of a navigational watch shall be qualified in accordance with Chapter 12 — Manning and Training and specifically paragraph 12.3 of the International Code for Ships Operating in Polar Waters (Polar Code, Attachment 3)

c. Subfactor 3 — Vessel Registration and Capability: The proposal is technically acceptable when the offeror provides the name, hull number and country of registration (flag) of the ship(s) that shall fulfill this requirement and demonstrates an acceptable approach demonstrating and understanding that the ship(s) will have its own mechanical off-loading capabilities for all cargo categories described in the Contract Line Items. Note: Paragraph C. i. below applies to this subfactor. Even if an offeror is rated “Acceptable” under this subfactor, the award will be made to the lowest priced offeror with a technically acceptable rating from a US flag ship unless the determination in paragraph C. i. below is made.

The following acceptability ratings will apply:

Rating Description

Acceptable The proposal meets specified minimum requirements necessary for acceptable contract performance (all subfactors must be met in order to be acceptable).

Unacceptable The proposal fails to meet specified minimum requirements necessary for contract performance. Proposals with an unacceptable rating are not awardable.

C. The Government will make an award using a best-value process, consisting of first ranking offers based on their VISA category assignment and priority, lAW DoDI 4500-57, para 6.4, using Lowest Priced Technically Acceptable technique selection as follows:

a. The Government will segregate offerors into their VISA Priority categories and then arrange offerors from lowest total evaluated priced proposal to the highest total evaluated price proposal.

b. Non-VISA participant proposals will be arranged from lowest total evaluated priced proposal to the highest total evaluated price proposal.

c. If required, clarifications will be conducted with offerors after receipt ofproposals JAW FAR

15.306. Clarifications are limited exchanges, between Government and offerors that may occur when award without discussions is contemplated. If award will be made without discussions, FA2523-17-R-0002 offerors may be given the opportunity to clarify certain aspects ofproposals to resolve minor clerical errors.

d. The Government intends to evaluate proposals and award without discussions with offerors JAW FAR 52.2 15-l(f)(4). Therefore, the offerors initial proposal should contain their best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If a competitive range be determined to be necessary, it shall include a proposal from at least one Danish Flagged carrier if received.

e. The objective of discussions is “to maximize the Government’s ability to obtain the best value, based on the requirement and the evaluation factors set forth in the solicitation” (See FAR 15.306(d)(2)). If within the sole discretion of the Government, it is determined that discussions are necessary due to perceived weakness or other issues that must be addressed before award, they will be conducted with only those offerors determined by the Government to be within the competitive range.

f If held, once discussions have been concluded all offerors in competitive range will be provided an opportunity to submit a final proposal revision (FPR). Offerors are advised not to modify their technical proposal in their revision, wither directly, by inference, or effect. It is the intent to have a full understanding of the offerors proposal, including any revisions and answers submitted by offerors, prior to requesting FPRs. In the event, any adjustment to prices becomes necessary in a FPR to reflect changes resulting from discussions, a complete, traceable audit trail shall be provided to show how the changes took place. THE GOVERNMENT RESERVES THE

RIGHT TO MAKE AWARD WITHOUT DISCUSSIONS; THERFORE THE OFFEROR

SHOULD PROPOSE THE BEST OFFER INITIALLY.

g. All proposals within the competitive range will be evaluated for technical acceptability.

h. The Government intends to make award to the offeror in the highest VISA priority category of

DODI 4500.57 (Attachment 5) paragraph 6.4 that conforms fully to the solicitation requirements, is technically acceptable, and represents a fair and reasonable price unless a determination in Para C. i. below is made.

i. If contracting officer determines that no US flag vessels are available to handle the requirement (DFARS 247.573(b)(l)(ii)(A), the U.S. —flag carrier has proposed to the Government freight charges that are higher than charges to private persons for transportation of like goods (DFARS 247.573-2(d)(2)) or the Secretary of the Navy determines that the proposed charges for U.S.-flag vessels are excessive or otherwise unreasonable (DFARS 247.573-2(d)(3)) the Government intends to make award to the lowest total evaluated price proposal determined to be technically acceptable from a Danish flagged vessel.

j. All pricing information will be treated as confidential and will be used only by Source Selection Evaluation Team members for purposes required to award a contract. This information will be used only for the purpose intended and under no circumstances will the information be given to any other contractor without the written consent of the owner of the information or as required by the Freedom of In formation Act.

D. In the instance that there are more than one technically acceptable proposals within the same VISA priority category and with the exact same price, preference shall be given to the offeror who adheres to the criterion in DFARS 252.247-7026, with consideration given to vessels with shipyard work completed in the USA or Guam.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End ofprovision)

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as ‘estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Govemment may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 September, 2021.

(End of clause)

(End of Summary of Changes)