00_b_USC-9_Exhibit_1_Instructions_and_Eval_CriteriaDRAFT.pdf

DRAFT

Universal Service Contract - 9 Exhibit 1

ADDENDUM TO FAR 52.212-1

FAR 52.212-1, Paragraphs (b) and (c), are hereby amended as indicated below:

(b) Submission of Offers

(i) Questions

1. Any and all questions concerning this solicitation must be submitted via email to EACH of the following:

Mr. Will Henderson, Contracting Officer (CO), william.r.henderson12.civ@mail.mil Ms. Jesika DeArmond, Contract Specialist, jesika.a.dearmond.civ@mail.mil Ms. Lauren Langhauser, Contract Specialist, lauren.a.langhauser.civ@mail.mil

2. Written questions will be answered in writing and provided to all Offerors via

FedBizOpps. Solicitation changes will be made via formal amendments. However, due to the time required to research questions and provide answers, questions received less than 30 calendar days prior to the due date of offers specified in this solicitation may not be answered. Communications should be submitted in the following format:

Reference: [Document, Page Number, Paragraph Number]

Question:

(ii) Electronic Proposals: Offerors shall submit signed and dated offers on or before 3:00 p.m.

Central Time (CT), January 18, 2019. The entire offer shall be submitted via AMRDEC’s Safe Access File Exchange (SAFE) https://safe.amrdec.army.mil/safe to the e-mail addresses listed above in paragraph (b)(i)(1). All Offerors shall save file names with carrier name as applicable per document.

Proposals shall include the following completed documents as applicable:

1. BUSINESS PROPOSAL: Each Offeror’s Business Proposal shall include all documents requiring signature or completion by the Offeror. Each Offeror shall complete applicable fill-in and signatures and submit the documents listed below.

a. Cover letter. The Offeror’s proposal shall include a cover letter which identifies the name, title, e-mail address, and telephone number of person(s) authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation. An authorized official of the firm shall sign the offer and all certifications requiring signature. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

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

c. CAGE Code in Block 17a of Standard Form 1449

d. FAR Clause 52.204-17 Ownership or Control of Offeror (July 2016)

e. FAR Clause 52.204-20 Predecessor of Offeror (July 2016)

f. DFARS Clause 252.209-7998 Representation Regarding Conviction of a Felony

Criminal (Class Deviation 2012-O0007) mailto:william.r.henderson12.civ@mail.mil mailto:jesika.a.dearmond.civ@mail.mil mailto:lauren.a.langhauser.civ@mail.mil

g. DFARS Clause 252.209-7999 Representation by Corporations Regarding an

Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (Class Deviation 2012-O0004)

h. Small Business Subcontracting Plan (Applies to Large Businesses Only). To be assessed as an acceptable Subcontracting Plan, the contents of the Offeror's proposed Small Business Subcontracting Plan must meet all of the requirements in FAR 19.704, FAR Clause 52.219-9 (Deviation 2018-O0013), DFARS 219.7, and DFARS Clause 252.219-7003 (Deviation 2018-O0007). While the plan shall meet the requirements in the above cited regulations and clauses, the offeror should be familiar with other elements referenced in FAR Part 19.7. See Attachment 1 to Exhibit 1, Small Business Subcontracting Plan template to use as sample for developing your Small Business Subcontracting Plan.

The information contained in the Small Business Subcontracting Plan must appear to be realistic and demonstrate “good faith” effort to ensure the subcontracted dollars and the types of services to be subcontracted will go to small business concerns. The Small Business Subcontracting Plan will be assessed on an acceptable or unacceptable basis; compliant to the above cited regulations and clauses. The Small Business Subcontracting Plan shall be incorporated into and made a material part of the contract.

The following matrix contains suggested subcontracting target goals only and are provided to assist the Offerors in the development of Small Business Subcontracting goals for this acquisition. Offerors are encouraged to propose percentage goals greater than those listed:

CATEGORY TARGET GOAL

Small Business 15% Small Disadvantage Business 5% Women-Owned Small Business 5% Veteran-Owned Small Business 3% Service-Disable Veteran Owned Small Business

3%

HUBZone Certified Small Business 3%

2. TECHNICAL PROPOSAL: Offerors are required to submit a written technical proposal.

Technical Proposals shall address the following subfactors:

a. Vessel Profile. Provide one vessel profile for ocean-going vessel owned by, or under the offeror’s control. Offerors shall either provide documented evidence of vessel ownership or control. Vessel profiles must include the name of the vessel, type of vessel, capacity of the vessel and the flag of registry. U.S. Domestic Shipyard (applies to Jones Act trade only) information must be provided showing the overhaul, maintenance, and repairs for covered vessels, performed in U.S. and foreign shipyards, for the period covering the current calendar year, up to the date of proposal submission, and the preceding four calendar years.

Offer shall use the template at attachment 2 to Exhibit 1.

b. Electronic Data Interchange (EDI). Describe the offeror’s approach to providing the EDI interface requirements identified in the solicitation and the offeror’s plans and ability to meet the EDI requirements. Offerors must submit a copy of their Trading Partner Agreements (TPA), effective/dated 1 Jan 2008 or later, as part of their offer. Information on TPAs can be obtained by contacting Mr. David Kirkpatrick at david.g.kirkpatrick6.civ@mail.mil /(618) 220- 5252 or Ms. Rose McLeod at rose.m.mcleod.civ@mail.mil /(618)220-5656.

3. PRICE PROPOSAL: Offerors must also electronically submit proposed rates using the

Carrier Analysis & Rate Evaluation System (CARE). The CARE system is accessible through the Internet using the CARE System Center Web Site at the Internet address listed in Paragraph 3(a) below. Offerors intending to respond to this solicitation must provide an electronic request for a CARE user account in accordance with Paragraph 3(b) below. All of the information necessary to complete the electronic submission of the offer can be found Paragraph 3(c) below.

a. CARE Access

Access to all SDDC electronic systems, such as IBS CARE SA (Carriers), can be gained at the following address: https://eta.sddc.army.mil/

b. Request for CARE SA User Account

i. The CARE SA application will be provided only upon receipt of an electronic request submitted via the SDDC Electronic Transportation Acquisition (ETA) web site (https://eta.sddc.army.mil/). Click on the "New User Registration" link on the left side of the page or Request Additional Applications if you already have an ETA account. Refer to ETA Help for current registration procedures.

ii. How to Sync Certificate with ETA: Refer to ETA Help for current instructions on Digital Certification.

iii. Hardware and Software Requirements: The minimum hardware and software requirements for the operation of the CARE SA application are:

1. 1 Gigahertz (GHz) 32-bit (x86) or 64-bit (x64)

2. Windows 7 or newer version

3. 2GB RAM

4. 200 MB hard disk space

5. Super VGA monitor with 1024 x 768 resolutions

6. Microsoft Mouse or compatible pointing device

7. Internet Access

8. Microsoft Internet Explorer 10.0

9. Browser must support 128-bit encryption for secure transmission of data

iv. For issues with gaining access to CARE SA, contact Megan Manning at megan.h.manning.civ@mail.mil, 618-220-5050.

c. Rate Submission Instructions:

i. Carriers should enter the service that provides the shortest transit time the carrier is willing to offer between the origin and destination.

ii. Note that a rate offered with the value of "$0" (zero dollars) will be considered as "no charge" for service by the Contracting Officer.

mailto:sherry.m.verdu.civ@mail.mil mailto:rose.m.mcleod.civ@mail.mil mailto:megan.h.manning.civ@mail.mil

iii. Carriers should not offer a rate in the CARE SA for contract line item numbers (CLINs) they do not offer service on.

iv. All basic container rates, unless otherwise specified, are to be offered in whole dollars per container (lump sum).

v. All basic breakbulk rates, unless otherwise specified, are to be offered in whole dollars per measurement ton (MsT) of 40 cubic feet manifest measure and apply on a Free In and Out (FIO) basis.

vi. Changes to rate offers can be made to any Contract Rate Submission as identified in the CARE SA up until the date specified for the receipt of offers. The offeror must enter changes to offers in whole dollars per MsT, per container, or as otherwise specified, in the appropriate line item field.

vii. Carriers must notify the Contracting Officer within 72 hours of the solicitation issuance date if they are unable to obtain a CARE SA account.

viii. Once a CARE SA account is established, carriers must immediately notify the Contracting Officer and SDDC G6 in the event difficulties are encountered in accessing the CARE SA. If carriers are unable to access the CARE SA to enter the required data in sufficient time to be received by the Government by the date established for receipt of proposals, they may request authorization from the Contracting Officer to submit a copy by any means other than via the CARE SA, which shall contain the required proposal data.

d. Tariffs. To allow for a price comparison review, the offeror must submit with its Pricing Proposal, information sufficient to enable proposal evaluators to access internet web sites containing all effective commercial tariffs published by the offeror for all trade routes for which service is offered under this solicitation.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 226 calendar days from the date specified for receipt of offers.

(End of Addendum)

ADDENDUM TO FAR 52.212-2

FAR 52.212-2 is amended in its entirety as follows:

(a) The Government intends to award multiple Fixed Price with EPA IDIQ contracts resulting from this solicitation to the responsible offerors whose offers conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Multiple contracts will be awarded to provide Government shippers flexibility of choice and service coverage. To receive a contract award, all offerors must be deemed responsible IAW FAR Part 9, conform to all required terms and conditions, and represent a best value to the Government.

(b) Best value source selection procedures without trade offs will be utilized in accordance with FAR

15.101 and DOD Source Selection Procedures, dated Apr 01, 2016, in which all factors are rated as acceptable or unacceptable. Any factor rated as unacceptable will render the entire proposal unacceptable and, therefore, unawardable. Contracts will be awarded to all offerors whose proposals have been determined acceptable under the Technical Capability and Business Proposal evaluation factors, whose prices are deemed fair and reasonable and who have been determined responsible. The following factors shall be used to evaluate offers:

(i) Business Proposal. To be rated Acceptable, the proposal must include all documents and information required to be submitted under the Submission of Offers Instructions in the solicitation. Additionally, the Offeror must be registered in the System for Award Management (www.sam.gov) prior to award but no later than the date the Contracting Officer is prepared to award the contract.

(ii) Technical. Technical Proposals will be evaluated to determine if the technical approach, including ability to provide ocean transportation services, is Acceptable or Unacceptable. The following subfactors will be evaluated under the Technical Factor:

1. Vessel Profile. To be rated Acceptable, offerors must demonstrate that the proposed vessels that they own, or have control of, are ocean going and meet the requirements of the solicitation.

2. EDI Capability. To be rated Acceptable, the offeror must demonstrate that they will provide all mandatory EDI interface requirements as described in the solicitation and they must also demonstrate that they have Trading Partner Agreements in place.

(iii) Price: Price evaluation for all proposed rates will be performed in accordance with FAR 15.404-1, utilizing the rates the offeror has inserted into the Carrier Analysis and Rate Evaluation (CARE) Integrated Booking System (IBS) application. Reasonableness may be determined based on comparison to prices submitted by the competition, current market conditions, comparison to the Government estimate, or utilization of any other price analysis technique identified in FAR 15.404-1(b)(2). Pricing will be evaluated on a by-lane basis (specific CLINs in the CARE System under various routes – e.g.., “US East Coast to Far East”). Therefore, proposed pricing may be determined fair and reasonable on some lanes and not on others. Offerors will be eligible for an award if their pricing is determined fair and reasonable on at least one lane. Any unreasonably priced lanes are subject to removal from the competitive range. The Government may accept some or all rates or services initially offered without conducting discussions. If discussions are conducted, they will be limited to those offers considered to be within the competitive range and may be limited to certain rates or services specifically identified in writing by the Contracting Officer to the offerors. Offerors remaining within the competitive range upon conclusion of discussions will be afforded an opportunity to submit a final proposal revision.

1. Applicable to Ocean Rates – Consideration of U.S. Flag Service and compliance with the Cargo Preference of 1904 (10 U.S.C. 2631, as amended) will be applied at the task order level. This will be done because offerors with accepted rates will have the ability to change the flag of service in their schedules at any time during the life of the contract.

2. The Contracting Officer will not consider an offer to be fair and reasonable if it contains rates higher than the highest commercial service contract rate; or that are clearly and substantially in excess of the rates stated in comparable commercial service contracts to which the offeror is party, for the same trades and similar services. Any rates which do not appear to be fair and reasonable will undergo further evaluation in accordance with the procedures outlined in DFARS 247.573.

(c) Voluntary Intermodal Sealift Agreement (VISA) Preference Application

(i) In accordance with DFARS 247.573(b)(2)(iii)(B) the Government must provide an evaluation criterion for offeror participation in the Voluntary Intermodal Sealift Agreement (VISA) program. VISA Participation and evaluation will be applied at the task order (booking) level. "VISA Participant" as defined for the purposes of this evaluation is as follows:

(ii) 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

(iii) 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.

(d) Domestic Shipyard Preference Application (Jones Act Trades Only)

(i) In accordance with DFARS 252.247-7026, the Government must provide an evaluation criterion that considers the extent to which the offeror has had overhaul, repair, and maintenance work for covered vessels performed in U.S. shipyards. U.S. Domestic Shipyard preferences and evaluation will be applied at the task order (booking) level. The preference applied at the Task Order (booking) level will be applied as follows:

1. Offerors will be evaluated as “1” (highest) or “2” (lowest) based on the formula below:

(Repair Money Spent in US/Total Repair Money Spent) + (Days of Repair in US/Total Days of Repair)/2 = Preference Category “1” or “2.”

2. All calculations are based on total number of ships owned by the carrier – whether used on this contract or not.

3. Calculation will NOT include any days or money falling under the exceptions listed at PGI 247.573(b)(2)(iii)(C)(1) and (2) – this means excluding the amount from the “total” as well as from the “in US” numbers.

4. The calculation will be rounded to the nearest tenth (i.e. – 38.7%)

5. The following will be the criteria followed in determining carrier evaluation under the Jones Act

a. 15% or more of vessels serviced within US Shipyards will receive a preference of “1”; 14.9% and below will receive a preference of “2”

(e) Options: The Government will not evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The four one-year option periods will be unpriced at the time of award. The option year rates will be competed and evaluated prior to exercising each carrier’s option period. The Government will conduct a price analysis to determine whether the prices are fair and reasonable.

(i) If the Government extends the contract pursuant to FAR 52.217-8, Option to Extend

Services, such extension shall be at the rates in effect under the contract when the option is exercised.

(f) 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 of Addendum)