RFP_HTC711-14-R-W001.pdf

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

CONTACT BUYER

CONTACT BUYER

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HTC711-14-R-W001 10-Sep-2014

b. TELEPHONE NUMBER

618-220-7060

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 15 Oct 2014

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

HTC711

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MELINDA J. LEWIS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

483111

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

HTC711-14-R-W001

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE EST. AMOUNT

0001 1 Lot GTMO Sealift Services

FP-EPA

Regularly scheduled commercial liner transportation of containerized and break bulk cargo between Jacksonville/Blount Island, Florida (JaxPort/CONUS) and U.S. Naval Station Guantanamo Bay, Cuba (GTMO). Individual line item rates are listed in Attachment 2 and within the Carrier Analysis and Rate Evaluation Application (CARE SA).

Period of Performance: 1 February 2015 – 31 January 2016

FOB: Destination

SIGNAL CODE: A

EST. NET AMT

UNIT UNIT PRICE EST. AMOUNT

1001 1 Lot OPTION GTMO Sealift Services

FP-EPA

Regularly scheduled commercial liner transportation of containerized and break bulk cargo between Jacksonville/Blount Island, Florida (JaxPort/CONUS) and U.S. Naval Station Guantanamo Bay, Cuba (GTMO). Individual line item rates

Period of Performance: 1 February 2016 – 31 January 2017

UNIT UNIT PRICE EST. AMOUNT

2001 1 Lot OPTION GTMO Sealift Services

FP-EPA

Regularly scheduled commercial liner transportation of containerized and break bulk cargo between Jacksonville/Blount Island, Florida (JaxPort/CONUS) and U.S. Naval Station Guantanamo Bay, Cuba (GTMO). Individual line item rates

Period of Performance: 1 February 2017 – 31 January 2018

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-FEB-2015 TO

31-JAN-2016

N/A N/A

1001 POP 01-FEB-2016 TO

31-JAN-2017

2001 POP 01-FEB-2017 TO

31-JAN-2018

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.209-7 Information Regarding Responsibility Matters JUL 2013 52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2014 52.217-5 Evaluation Of Options JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-50 Combating Trafficking in Persons FEB 2009 52.232-4 Payments Under Transportation Contracts and Transportation-

Related Services Contracts

APR 1984

52.232-18 Availability Of Funds APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding of unclassified controlled technical information NOV 2013

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7011 Payments in Support of Emergencies and Contingency

Operations

MAY 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7027 Riding Gang Member Requirements OCT 2011

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (APR 2014)

Paragraph (b) “Submission of Offers” is deleted in its entirety and replaced with section I through III.

Paragraph (c)”Period for acceptance of offer” is tailored to read: The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.

Paragraph (e) “Multiple offers” is tailored to read: Offerors shall not submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation.

Paragraph (h) “Multiple awards” is not applicable to this solicitation.

Paragraph (i) “Availability of requirements documents cited in the solicitation” is tailored as follows:

(1) Not Applicable

(2) Not Applicable

(3) Not applicable

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

I. FORMAL COMMUNICATIONS

Formal communications and requests for clarification and/or information concerning this solicitation shall be submitted via email as identified below no later than 4:00 pm Central time on 5 October 2014.

E-mail :

Subject: Solicitation HTC711-14-R-W001 To: melinda.j.lewis9.civ@mail.mil david.m.hoag.civ@mail.mil nicholas.e.weiss.civ@mail.mil (Contracting Officer)

Request for clarification and/or information concerning the solicitation should be submitted in the following format:

Reference: Section____, Page____, Paragraph____, (or Figure____).

Question:________________________________________________________.

mailto:melinda.j.lewis9.civ@mail.mil mailto:david.m.hoag.civ@mail.mil mailto:nicholas.e.weiss.civ@mail.mil

All requests must be made in writing via e-mail to the above addresses. No requests for clarification will be provided in response to offeror-initiated telephone calls. Written inquiries will be answered in writing and posted to FedBizOpps. However, time may not permit requests to be answered if not received by the above addressees within 10 calendar days of the due date for offers as specified in this solicitation.

There will be no communications with offerors after the date and/or any time specified in the Contracting Officer's request for final proposal revisions.

II. Proposal Preparation Instructions

A. GENERAL

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements in the PWS. Failure to meet a requirement may result in an offer being ineligible for award. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the government's requirements but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their equipment, facilities and experience, and will base its evaluation on the information presented in the offeror’s proposal. The Government reserves the right to reject any or all offers in whole or in part and to incorporate all, part or none of the offeror’s written proposal into the resultant contract. In addition, there is no obligation on the part of the Government to make an award to any offeror in response to this RFP.

B. ORGANIZATION

Proposals shall consist of four (4) separate volumes;

• Volume I – Administrative (original, one (1) copy and one (1) CD submission)

• Volume II - Price Proposal (original, three (3) copies and one (1) CD submission)

• Volume III – Technical Proposal (original, three (3) copies and one (1) CD submission)

• Volume IV – Cyber Security (original, one (1) copy and one (1) CD submission)

Format:

1) The proposals will be 8 1/2” x 11” paper except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”.

2) A page is defined as one face of a sheet of paper containing information. Pages exceeding the page limitations set forth in this provision will not be read or evaluated, and will be removed from the proposal.

3) Typing shall not be less than 12 -point font, Times New Roman.

4) Elaborate formats, bindings or color presentations are not required.

C. DISTRIBUTION

Proposal volumes and CDs must arrive by the date and time listed in Block 8 of the SF 1449 for this proposal. The written portion of the offer must be enclosed in a sealed package marked "Request for Proposal HTC711-14-R- W001.” The offeror’s name and address should appear in the upper left-hand corner. The package must be sent to the following address:

Melinda Lewis

USTRANSCOM/TCAQ-I

508 Scott Drive Scott AFB, IL 62225

D. ELECTRONIC SUBMITTAL

The offeror must also electronically submit proposed rates using the Carrier Analysis and Rate Evaluation Application (CARE SA). The CARE SA is accessible through the internet using the CARE SA System Center Web

Site at https://care2web.eta.sddc.gov/care/caremain.asp. CARE SA instructions for entering rates and to obtain a CARE SA user account are provided in Attachment 3.

E. FINAL PROPOSAL REVISIONS

Proposals submitted by offerors will not obligate the Government to determine a competitive range, conduct discussions, or solicit or entertain revised proposals. However, if discussions are conducted and Final Proposal Revisions (FPRs) are requested, each offeror within the competitive range will be notified by e-mail, or telephone of the date and time for response. Each offeror must submit FPRs by email to melinda.j.lewis9.civ@mail.mil, david.m.hoag.civ@mail.mil and nicholas.e.weiss.civ@mail.mil and also submit rate revisions (if applicable) electronically via CARE SA. There will be no communications with offerors after the date and/or any time specified in the Contracting Officer's request for final proposal revisions.

III. Volume I-IV Instructions

Offerors shall submit all documents requiring signature or completion by the offeror. Each offeror shall provide the following information, complete applicable fill-ins and signatures, and submit required documents listed below. An authorized official shall complete and sign the SF 1449, solicitation amendments, and all certifications and representations requiring original signature.

A. Volume I – Administrative

a. Complete blocks 12, 17, and 30 of the SF 1449 (page 1 of the solicitation). By completing the referenced blocks of SF 1449, the offeror accedes to the contract terms and conditions as written in the request for proposal (RFP).

b. Provide acknowledgment of receipt of amendments to the solicitation.

c. Offeror Information:

1) Names, titles, and telephone and e-mail addresses of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation;

2) Name, title, and signature of person authorized to sign the proposal. 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.

3) Standard Carrier Abbreviation Code (SCAC).

4) Company web site (if applicable).

d. Clause 52.212-3, Offeror Representations and Certifications – Commercial Items (May 2014). An offeror shall complete and submit only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via the System for Award Management (SAM) website https://www.sam.gov. If an offeror has not completed the annual representations and certifications electronically at the SAM website, the offeror shall complete and submit only paragraphs

(c) through (o) of this provision.

e. Provide supporting documentation to verify ownership or control for the vessel(s) to be utilized during the contract period of performance. If the offeror currently does not own or have control of the assets necessary to perform all requirements, provide supporting documentation to demonstrate the ability to obtain them (commitment or explicit arrangement that will be in existence at the time of contract award, to rent, purchase, or otherwise acquire the needed facilities, equipment, or other resources).

f. Past performance information. The offeror shall include a list of contracts similar in scope, size, and complexity, currently on-going or completed during the past three (3) years. The list shall be limited to no more than five (5) contracts. Include the following information for each contract:

For Government contracts:

- Name and address of the contracting activity https://care2web.eta.sddc.gov/care/caremain.asp mailto:nicholas.e.weiss.civ@mail.mil

- Government Contracting Officer – include a verified email and phone number

- Contract Type (Firm-Fixed Price, IDIQ, etc)

- Total contract value including option years

- Description of work performed

- Performance period – Base Year and number of Option Years

For Commercial contracts:

-Name and address of company -Customer point of contact (POC) E-mail and phone number

- Description of work performed -Contract value -Period of performance

The offeror shall send a copy of the Past Performance Survey (Attachment 5) to each Customer listed in their response to the paragraph above. The Past Performance Survey shall be completed by the cognizant Customer POC and emailed directly to Melinda Lewis at melinda.j.lewis9.civ@mail.mil and David Hoag at david.m.hoag.civ@mail.mil no later than the solicitation due date/time. The survey shall not be completed by the offeror. The offeror should use diligence to follow-up with each POC to ensure submittal by the due date.

The Government reserves the right to obtain information relative to present and past performance on its own. If you are aware that one or more of your contracts is in the Contractor Performance Assessment Reporting System (CPARS) and specifically relates to the requirements in this acquisition, please provide this information. Past performance information may also be obtained by the Government through the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), interviews with Program Managers, Contracting Officers, Fee Determining Officials, or any other source available to the Government.

g. Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall –

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -

- for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

B. Volume II – Price Proposal

The price proposal shall contain a completed hard copy printout of Attachment 2, Excel Rate and Pricing Schedule (Pricing Schedule). Offeror shall complete the Pricing Schedule, by entering proposed rates for each transportation service line item. Estimated annual volumes are provided for Accessorial, Breakbulk, and Ocean line items. Estimated volumes are not provided for mileage rates and mileage rates will not be calculated in the Total Proposed Price for ranking offers.

The Pricing Schedule will calculate the extended price of each line item (proposed rate X estimated volume), the Proposed Price for each period of performance (total of extended line item prices), and the

Total Proposed Price (base year Proposed Price plus option year Proposed Prices and 6 month optional extension of services). Offeror shall verify the accuracy of the extended price of each line item, for each Proposed Price (base plus options), and for Total Proposed Price. Rates must also be entered into CARE SA (see 52.212-1 II D).

Offeror is responsible for ensuring that the rates provided in the hard copy pricing volume, the CD (Excel Pricing Schedule), and the rates in CARE SA are identical. If there are any discrepancies between the rates submitted via hard copy, CD or in CARE SA, the hard copy rates will take precedence.

C. Volume III - Technical Capability

a. Offerors are required to complete and submit Attachment 4, Contractor Confirmation Checklist.

b. Offerors are required to submit written narratives for evaluation of technical capability. Narratives shall explain how the offeror will meet all requirements established in the solicitation. The offeror shall provide a narrative for each Technical Capability Subfactor to include the following information:

Subfactor A: Equipment The offeror must identify the vessel(s) (to include flag, size, age and configuration) to be utilized for this contract. Describe the quantity and type of equipment proposed to perform the requirements of this solicitation and describe offeror’s proposed warehousing facility and on-site office space. Descriptions should be sufficient to ascertain compliance with the PWS requirements in sections 3.A, 3.C.1, 3.G.2, 3.G.3.7, 3.G.4, and Appendix I 1.A.1.

Subfactor B: Management of Operations

• Company overview and description of current operations in the region or ability to operate in the region;

• Description of Company safety policy or Safety Management System (SMS), if applicable.

o Identify the United States Coast Guard (USCG) certification requirements applicable to your company and proposed vessels.

o Identify the International Maritime Organization (IMO) ISM (International Safety Management) Code requirements applicable to your company and proposed vessels o Provide the supporting documentation verifying compliance with USCG and ISM requirements (e.g., USCG Certificate of Compliance (COC), Certificate of Inspection (COI), ISM Document of Compliance (DOC), Vessel Safety Management Certificate

(SMC)).

• Description of planned approach to meeting and managing the following PWS requirements:

o Port Operations (PWS 3.D.1) o RDD (PWS 3.E and 3.F) o Transportation of Hazardous Cargo (PWS 3.G.3) o Quality Control and Reporting (PWS 3.G.5) o EDI (PWS 3.G.6 and 3.G.7) o Vessel Crew (PWS Appendix I 1.A.2.4)

Subfactor C: Schedule

The offeror must submit a proposed liner schedule that meets the departure, arrival, and transit requirements as specified in paragraph Section 3.B.4 of the PWS, beginning the week of 1 February 2015. Provide the proposed southbound and northbound delivery routes to include other vessel ports of call. Describe how the delivery requirements in the PWS will be incorporated into offeror’s current liner schedule or whether offeror will establish a new/additional liner route.

c. Narrative total for this volume is not to exceed 30 pages. The written technical proposal must demonstrate the offeror’s understanding of the requirements identified in the Performance Work Statement (PWS).

D. Volume IV Information Assurance & Cyber Security.

a. The offeror shall submit an Information Assurance Report to describe their environment that safeguards DOD non-public information resident on or transiting the contractor's unclassified information systems from unauthorized access and disclosure. Protection measures applied should consider the risks (i.e. consequences and their probability) of loss, misuse, unauthorized access, or modification of information. The report shall address the SANS (SysAdmin, Audit, Network, Security) Institute's Twenty Critical Security Controls for Effective Cyber Defense: Consensus Audit Guidelines (http://www.sans.org/critical-security-controls) and be provided in accordance with Attachment 6. The contractor is encouraged to provide additional information above and beyond what is outlined in the SANS guidelines to enhance the government’s understanding of their information security posture.

b. There is no page limit for the Information Assurance & Cyber Security report.

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

52.212-2 is replaced in its entirety.

BASIS FOR CONTRACT AWARD:

(a) This acquisition is a competitive best value source selection. The Government intends to award a Requirements contract (FAR 16.503) using low priced technically acceptable (LPTA) source selection procedures (FAR 15.101-2).

In accordance with DFARS 247.573-2(c) the Government will give a preference to U.S.-flag vessels and provide an evaluation criteria for participation in the Voluntary Intermodal Sealift Agreement (VISA). Award will be made to the lowest priced responsible offeror meeting or exceeding the requirements for technical capability, past performance, information assurance, and VISA participation. Technical Capability, Past Performance, and Information Assurance will be rated as acceptable or unacceptable.

(b) EVALUATION PROCESS:

After receipt of proposals, responsive offerors will be grouped into Voluntary Intermodal Sealift Agreement (VISA) Participant and Non- Participant categories. Each VISA Participant proposal will be evaluated for technical capability, past performance, and information assurance & cyber security. Of the VISA Participant offerors that are deemed acceptable, the Government will rank the offeror’s Total Proposed Price (total calculated Accessorials, Ocean and Single Factor Line Items for the Base year + Option Years + 6-month Extension) in ascending total price order and the lowest Total Proposed Price proposal will be evaluated to determine whether the price is fair and reasonable. If the price is determined fair and reasonable, that offeror represents the best value to the government and the evaluation process concludes. Upon determination of offeror responsibility, award will be made to that VISA Participant without further consideration of any other offers. If the initial best value offeror is determined non-responsible, the next lowest Total Proposed Price acceptable offer will be evaluated to determine whether the price is fair and reasonable followed by a responsibility determination. If either the price is determined not fair and reasonable or the offeror is non-responsible, the process will continue in ascending Total Proposed Price order until both the price is determined fair and reasonable and the offeror responsible. If there are no VISA Participant offerors eligible to fulfill the government’s requirement, the Government will repeat the evaluation process for the VISA Non-Participant offerors and award will be made to that VISA Non-Participant offeror who proposes the lowest price, is technically acceptable and is determined responsible.

http://www.sans.org/critical-security-controls

(c) EVALUATION FACTORS AND SUBFACTORS:

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.

Factors three (3), four (4), and five (5), when combined, are less important than price.

The following factors shall be used to evaluate offers:

FACTOR 1: VISA Participation FACTOR 2: Price FACTOR 3: Technical Capability Subfactor A: Equipment Subfactor B: Management of Operations Subfactor C: Schedule FACTOR 4: Past Performance FACTOR 5: Information Assurance & Cyber Security

EVALUATION CRITERIA:

(c)(1) FACTOR 1 – VISA PARTICIPATION In accordance with DFARS 247.573-2(c) the Government must provide an evaluation criterion for offeror participation in the Voluntary Intermodal Sealift Agreement (VISA) program. “VISA Participant” as defined for the purposes of this evaluation is as follows:

An entity that is a U.S.-flag vessel operator organized under the laws of a State of the United States, or the District of Columbia, that is a signatory party to VISA, including all United States subsidiaries and affiliates of the entity which own, operate, charter or lease ships and intermodal equipment in the regular course of their business and in which the entity holds a controlling interest.

The order of evaluation preference:

1. VISA Participant

2. VISA Non-Participant (US Flag Vessel)

USTRANSCOM will verify VISA Participant status of the offerors by validating enrollment with the Maritime Administration (MARAD), and confirming with the USTRANSCOM VISA Contracting Officer that the offeror has an active VISA Contingency Contract. For VISA affiliate and subsidiary companies, USTRANSCOM will verify the VISA Participant status of the parent company in the same manner. VISA enrollment with MARAD and an active USTRANSCOM contingency contract must be established by the time of proposal submission in order for the offeror to be considered a VISA Participant.

For more information on participation in the VISA program see the Maritime Administration (MARAD) web site at www.marad.dot.gov.

(c)(2) FACTOR 2 – PRICE

The Government will be conducting price analysis by one or more of the techniques set forth in FAR Part 15.404-1 to ensure a fair and reasonable price. Unreasonably high prices may result in elimination of an offeror from further consideration. The Government will evaluate individual rates, the Proposed Price for the base period and each option period, and the Total Proposed Price in making a fair and reasonable determination.

For evaluation and award purposes, the Government will evaluate the offeror’s Total Proposed Price for Accessorials, Ocean and Single Factor Line Items which includes the price of an additional 6-month period calculated in accordance FAR 52.217-8, Option to Extend the Term of the Contract. Pricing for the 6-month Extension of Services period will be based on half (1/2) the Proposed Price of the final option period. Offerors shall not submit a price for the optional 6-month Extension of Services since the pricing spreadsheet will automatically http://www.marad.dot.gov/ populate the total. Evaluation of options will not obligate the Government to exercise the option(s). Mileage rates will be evaluated individually to make a fair and reasonable determination, but a mileage total price will not be calculated or included in the Total Proposed Price calculation for ranking offers. Utilization of the mileage rates in a one-way application is limited by the computer systems engaged in applying rates; therefore, the offeror is cautioned to bid their mileage rates consistent with their operational capabilities. Offerors must provide one-way mileage rates that will allow them to perform the requirement.

Offerors must submit rates in hard copy and into the CARE SA System (see 52.212-1 II D - Electronic Submittal and III B-Volume II Price Proposal). Offerors are required to submit a price for ALL line items in CARE SA and Attachment 2, Rate and Pricing Schedule. Failure to provide any requested price may result in an offer being eliminated from consideration for award.

(c)(3) FACTOR 3 TECHNICAL CAPABILITY

The Government will evaluate the offeror’s technical capability to determine the degree to which the information provided by the offeror in its proposal demonstrates the offeror’s ability to provide the equipment and resources needed to successfully accomplish the objectives of the Performance Work Statement (PWS), as well as manage, supervise, and perform the required services in accordance with the PWS. Technical capability will be evaluated and assigned an adjectival rating of either acceptable or unacceptable.

The government technical evaluation team shall evaluate the technical proposals at the sub-factor level on an acceptable/unacceptable basis as defined below. If any technical subfactor is rated as “Unacceptable” the overall technical rating will be “Unacceptable.” If all technical subfactors are rated as “Acceptable” the overall technical rating will be “Acceptable.”

RATING DEFINITION

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

(c)(4) FACTOR 4 PAST PERFORMANCE

First, the Government will evaluate the recency of past performance information (must be within the last 3 years).

Past performance information submitted which exceeds the 3 year limit will not be considered. Next, the Government will evaluate the relevancy of past performance information. The relevancy of each contract reference will be considered in the overall rating for the offeror.

Past Performance Relevancy Ratings Rating Definition Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires

Relevant

Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires

Finally, the Government will assign an overall past performance rating of acceptable or unacceptable to each offeror based on how well the offeror performed the relevant efforts. Sources of information for evaluation include the past performance information submitted by the offeror and any other past performance information obtained by the Government through the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), other databases, interview with Program Managers, Contracting Officers, Fee Determining Officials or any other source available to the Government.

Past Performance Rating

Rating

Description

Acceptable

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

(c)(5) FACTOR 5 – INFORMATION ASSURANCE & CYBER SECURITY

To be rated Acceptable, the offeror shall submit an Information Assurance Report describing their environment for adequately safeguarding DOD non-public information resident on or transiting on the contractor’s unclassified information systems from unauthorized access and disclosure. Protection measures applied should consider the risks (i.e. consequences and their probability) of loss, misuse, unauthorized access, or modification of information. The report shall also address the SANS (SysAdmin, Audit, Network, Security) Institute’s Twenty Critical Security Controls for Effective Cyber Defense: Consensus Audit Guidelines (http://www.sans.org/critical-security-controls) and be provided in accordance with the template at Attachment 6 to the Solicitation. Offerors may provide additional information to support their security posture.

(End of Provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-http://www.sans.org/critical-security-controls

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY

2014) ALTERNATE I (MAY 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern—

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;

and whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3…