Amendment0001(10RWLBDECON).doc

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

COMMANDER (VPL)

MAINTENANCE & LOGISTICS COMMAND, PACIFIC

1301 CLAY ST. SUITE 807N

OAKLAND, CA 94612-5200

HSCG85-10-R-WLBDECON

9B. DATE (SEE ITEM 11)

11 AUG 10

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE

FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FORMCHECKBOX

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers FORMCHECKBOX is extended, FORMCHECKBOX 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 copys 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 ACKNOWLEGEMENT 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 CONTRACTS/ORDERS,

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

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc)

SET FORTH IN ITEM 14, PURSUANT TO 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 FORMCHECKBOX is not, FORMCHECKBOX 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.)

JUNIPER CLASS (WLB - 225 FOOT) BUOY TENDER DRYDOCKING,

DECONTAMINATION AND REPAIRS

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

BY

(Signature of person authorized to sign)

(Signature of Contracting Officer)

NSN 7540-01-152-8070

30-105

STANDARD FORM 30 (REV. 10-83)

)PREVIOUS EDITION UNUSABLE

Prescribed by GSA, FAR (48 CFR) 53.2

1. Response(s) to Request(s) for Clarification 0001 - 0004 is/are provided as Attachment A.

2. Section B, Optional Item 0003

Delete:

“CGC ELM (WLB 204) Class B Specification”

Substitute:

“CGC ELM (WLB 204) Class A Specification”

3. The price proposal (Original and one copy) must be submitted in hard copy to Jim Altice at the address in Block 8 of Section A (the Standard Form 33) no later than proposal closing at 1400 PDT 8/24/10. Contact the recipient to confirm timely delivery.

4. The Capability Statement may be submitted as an attachment to email (to james.s.altice@uscg.mil) or as a file on electronic media to Jim Altice at the address in Block 8 of Section A (the Standard Form 33) no later than proposal closing at 1400 PDT 8/24/10. Contact the recipient to confirm timely delivery.

REQUEST FOR CLARIFICATION

SHIP & HULL No.:

JUNIPER CLASS (WLB - 225 FOOT) BUOY TENDER

DRYDOCKING, DECONTAMINATION AND REPAIRS

SOLICITATION SECTION:

PARA NO.

QUESTION:

Para. 3.1.2 states that the contractor shall provide the services of a “qualified” tech rep.

Could you delete/change Para 3.1.2.1 which adds the restrictive wording that the tech rep is a “certified” representative of Wartsila? Wartsila is a foreign owned corporation that neither certifies nor licenses anyone to work on equipment manufactured/sold by them, thus maintaining their monopoly on the US military. Your office removed/changed similar restrictive wording in the specs for the Cutters Sherman, Midgett and Mellon. We were awarded contracts on Sherman and Midgett and completed both without incident. We are waiting for Mellon to award. We have a proven work history on this equipment with the Coast Guard, US Navy, and MSC.

RESPONSE:

Notwithstanding the permissive language at paragraph 3.1.2, the mandated “certified representative of Wartsila”, outlined at paragraph 3.1.2.1, shall govern in interpreting this Work Item. If requested by SFLC post-award, awardees will need to produce documentation from Wartsila affirming certification.

Through analysis of alternatives involving technical, legal and licensing considerations, SFLC has determined that it must insist on OEM or OEM-certified technical representatives for this Work Item.

With regard to the broader complaint, Wartsila North America is incorporated in the United States; its U.S. headquarters is in Houston, TX, and it has eight divisions located in the continental United States, employing resident expertise and workforces for various federal customers (as is the case with John Crane and Wartsila-LIPS). SFLC would encourage your firm to engage Wartsila in the interests of obtaining certification or licensing authority similar to the two distributors listed in the specification.

JUNIPER CLASS (WLB - 225 FOOT) BUOY TENDER

DRYDOCKING, DECONTAMINATION AND REPAIRS

WHEN WILLTHE CONSOLIDATED LIST OF REFERENCES BE AVAILABLE?

WILL THE CONSOLIDATED LIST OF REFERENCES BE SUBMITTED ON A CD-ROM?

Per Section J, and by reference Section L.11, SFLC on 8/17/10 sent your company a compact disk with all technical references not publicly available from other sources.

JUNIPER CLASS (WLB - 225 FOOT) BUOY TENDER

DRYDOCKING, DECONTAMINATION AND REPAIRS

Can you please explain how pricing is to be accomplished post award?

SFLC anticipates that several shipyards will be awarded a delivery order contract resulting from this solicitation. However, SFLC is currently unable to:

1) provide locations, times and shipboard POCs for shipchecks of each vessel

2) provide a defined period of performance for each drydocking

3) precisely define the technical package of each drydocking

Because all of these factors play a critical role in determining your firm’s pricing, and to protect both parties’ interests, pricing of each Optional CLIN will be competed post-award between all awardees when these three factors are defined.

The post-award pricing process is outlined at Section H.2.

JUNIPER CLASS (WLB - 225 FOOT) BUOY TENDER

DRYDOCKING, DECONTAMINATION AND REPAIRS

DO WE SIMPLY ACKNOWLEDGE ITEM 11 - PART 1 – THE SCHEDULE BY INITIALING SECTIONS A THROUGH M?

THEN COMPLETE 12, 13, 14, 15A, 15B, 15C, 16, 17, & 18?

Do not initial Sections A through M. Your price proposal will only consist of Sections A – K.

Instructions for submitting your proposals.

Either submit signed copies of Amendments or Fill out block 14 in Section A (the Standard Form 33).

Fill out blocks 15A – 18 in Section A (the Standard Form 33).

Complete FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010) in Section I.2.

Complete FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009) in Section K.

Prepare your Capability Statement in accordance with Sections L.9 and L.10.

Methods of submitting your price proposal and Capability Statement are provided in Amendment 0001.