HTC71123RR003_Amend 0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to incorporate the follow ing:

POC: Connor Breyer, connor.n.breyer.civ@mail.mil

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

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

16C. DATE SIGNED

BY 01-Dec-2022

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HTC71123RR003

X 9B. DATED (SEE ITEM 11)

01-Nov-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer 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 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM 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 IN THE

CONTRACT ORDER NO. IN ITEM 10A.

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.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

01-Dec-2022

CODE

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

HTC711 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HTC71123RR003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The order period end date has changed from 31-Dec-2027 to 14-Feb-2028.

The order period start date has changed from 01-Jan-2023 to 15-Feb-2023.

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

Provide Stevedoring and Related Terminal Services (S&RTS) according to Attachment 1, Performance Work Statement (PWS). Billing shall be IAW Attachment 2, Schedule of Rates (SOR). 5-Year Ordering Period: 01 January 2023 through 31 December 2027

To:

Provide Stevedoring and Related Terminal Services (S&RTS) according to Attachment 1, Performance Work Statement (PWS). Billing shall be IAW Attachment 2, Schedule of Rates (SOR). 5-Year Ordering Period: 15 February 2023 through 14 February 2028.

CLIN 0002

The minimum guarantee for this contract is (USD $2,500.00). ThisCLIN shall only be invoiced in the event the Contractor has not been offeredsufficient S&RTS totaling (USD $2,500.00) and is only billable within the first 12 months of the contract (01 January 2023 through 31 December 2023).

The minimum guarantee for this contract is (USD $2,500.00). This CLIN shall only be invoiced in the event the Contractor has not been offered sufficient S&RTS totaling (USD $2,500.00) and is only billable within the first 12 months of the contract (15 February 2023 through 14 February 2024).

CLIN 1001

Six-Month Extension Period IAW FAR 52.217-8, Option to Extend Services: 01 January 2028 through 30 June 2028. Provide S&RTS according to Attachment 1, PWS. Billing shall be IAW Attachment 2, SOR, at the rates specified in the contract immediately preceding exercise of the option extension period. The maximum contract value reflected in CLIN 0001 remains unchanged.

Six-Month Extension Period IAW FAR 52.217-8, Option to Extend Services: 15 February 2028 through 14 August 2028. Provide S&RTS according to Attachment 1, PWS. Billing shall be IAW Attachment 2, SOR, at the rates specified in the contract immediately preceding exercise of the option extension period. The maximum contract value reflected in CLIN 0001 remains unchanged.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 01-JAN-2023 TO

31-DEC-2027

N/A W289 598TH USA TRANS SURF BDE -

W91YQB

STEPHEN LOMELI

W289 598TH USA TRANS SURF BDE

UNIT 6713 BOX 174

APO AE 09136

FOB: Destination

W91YQB

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 15-FEB-2023 TO

14-FEB-2028

N/A W289 598TH USA TRANS SURF BDE -

W91YQB

STEPHEN LOMELI

W289 598TH USA TRANS SURF BDE

UNIT 6713 BOX 174

APO AE 09136

The following Delivery Schedule item for CLIN 0002 has been changed from:

CAGE

POP 01-JAN-2023 TO

31-DEC-2023

N/A W289 598TH USA TRANS SURF BDE -

W91YQB

STEPHEN LOMELI

W289 598TH USA TRANS SURF BDE

UNIT 6713 BOX 174

APO AE 09136

CAGE

POP 15-FEB-2023 TO

14-FEB-2024

N/A W289 598TH USA TRANS SURF BDE -

W91YQB

STEPHEN LOMELI

W289 598TH USA TRANS SURF BDE

UNIT 6713 BOX 174

APO AE 09136

The following Delivery Schedule item for CLIN 1001 has been changed from:

CAGE

POP 01-JAN-2028 TO

30-JUN-2028

N/A W289 598TH USA TRANS SURF BDE -

W91YQB

STEPHEN LOMELI

W289 598TH USA TRANS SURF BDE

UNIT 6713 BOX 174

APO AE 09136

CAGE

POP 15-FEB-2028 TO

14-AUG-2028

N/A W289 598TH USA TRANS SURF BDE -

W91YQB

STEPHEN LOMELI

W289 598TH USA TRANS SURF BDE

UNIT 6713 BOX 174

APO AE 09136

The following have been modified:

52.212-1 ADDENDUM

ADDENDUM to FAR 52.212-1 INSTRUCTION TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

The following paragraphs of FAR 52.212-1 are tailored as follows:

Paragraph (b) entitled “Submission of Offers” is deleted in its entirety and replaced with the instructions contained paragraph (b) “Proposal Preparation Instructions” below.

Paragraph (c) entitled “Period of acceptance of offers” is tailored to read: “The Government requires a minimum of 180 calendar days for acceptance of proposals submitted in response to this solicitation.”

Paragraph (e) entitled “Multiple Offers” is tailored to read: “The Government will not consider multiple proposals presenting alternate terms and conditions for satisfying the requirements of this solicitation.”

Paragraph (h) entitled “Multiple awards” is tailored to read: “The Government intends to award one contract as a result of this RFP. Unless otherwise provided in the Schedule, proposals may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity proposed, at the unit prices proposed, unless the Offeror specifies otherwise in their proposal.”

(b) Proposal Preparation Instructions

(1) The due date for proposals is 07 December 2022, 8:00 a.m. Central Time (CT).

(2) Proposals shall be submitted using Times New Roman, 12-point font except for figures, tables, and diagrams where smaller is acceptable if it is readable. The maximum page limit for each part includes all text pages, tables, graphs, and other types of illustrative material. Table of contents do not count against the page limits for the respective parts. Each page size shall be no larger than 8.5” x 11” and single sided. Excess pages exceeding the maximum limits will not be read or considered in the evaluation.

(3) Proposals shall be submitted via email to the individuals listed in paragraph (b)(4) by the due date specified above. All documents shall be in English and Adobe PDF format, except the price proposal which shall be in Microsoft Excel format with an .xlsx file extension. Any contract documentation written in a language other than English shall be accompanied by an English translation of the document as provided by a third-party translation company. Additionally, a signed letter on company letterhead should accompany the proposal to clarify any irregularities, such as translation errors or similar in the third-party translation to enable the Contracting Officer to easily determine the adequacy of the documentation.

(4) Formal Communications:

USTRANSCOM Contracting Office Point of Contacts (POCs) for this acquisition are listed below. Formal communications concerning this RFP shall be submitted via e-mail to all POCs as follows:

Emily Fishbein, Contracting Officer: emily.j.fishbein.civ@mail.mil Connor Breyer, Contract Specialist: connor.n.breyer.civ@mail.mil

No information concerning this RFP or requests for clarification will be provided in response to offeror-initiated telephone calls. All such requests must be made in writing and submitted to the e-mail addresses listed above.

Inquiries will be answered in writing provided they are received no later than 10 days prior to solicitation close date.

(5) All proposals shall include the following to be considered compliant: Part I – Contract Documentation, Part II – Technical Worksheet, Part III – Price Proposal.

(6) Part I – Contract Documentation (No page limit):

a. The contractor shall complete the actions required in the RFP Information and General Compliance Worksheet (Attachment 4) and submit a copy of the completed worksheet. To be eligible for award, the contractor is required to be registered in the System for Award Management (SAM) when submitting a proposal and shall continue to be registered until time of award.

b. The contractor shall submit the Standard Form (SF) 1449, Solicitation for Commercial Items. The following blocks shall be completed: 12 (even if no discount is offered), 17a, 30a, 30b and 30c. Complete Block 17b only if remittance address is different (such address must be registered in the SAM database. In doing so, the Offeror accedes to the contract terms and conditions as written in the RFP, with attachments.

c. Complete blocks 8, 15A and 15B on each SF 30, Amendment of Solicitation, to acknowledge all solicitation amendments (if any).

d. In accordance with (IAW) FAR 4.1102(a), Representations and Certifications shall be submitted online using https://www.sam.gov where available OR may be submitted with your contract documentation.

Failure to do so will result in your proposal being found non-compliant with the solicitation. The following provisions require your input and must be included with your proposal if they are not in your SAM record.

• FAR 52.204-24, Representation Regarding Certain Telecommunication and Video Surveillance

Services or Equipment (Nov 2021) (NOTE: FAR 52.204-24 only needs to be completed if FAR 52.204-26 is not completed in SAM.gov, or if the Offeror represents it “will” provide or “does” use covered telecommunications equipment in FAR 52.204-26.)

• FAR 52.209-7, Information Regarding Responsibility Matters (Oct 2018)

• FAR 52.212-3, Offeror Reps & Certs – Commercial Products and Commercial Services (May 2022) with

Alternate 1 (NOTE: A small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and 52.212- 3(b) for the following categories: (A) Small business; (B) Service-disabled veteran-owned small business;

(C) Women-owned small business (WOSB) under the WOSB Program; (D) Economically disadvantaged women-owned small business under the WOSB Program; or (E) Historically underutilized business zone small business.)

• FAR 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020) (NOTE: Offerors representing as a "foreign person" must also submit an IRS Form W-14.)

• DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (May 2021) (NOTE: DFARS 252.204-7017 only needs to be completed if DFARS 252.204-7016 is not completed in SAM.gov, or if the Offeror represents it “does” provide covered defense telecommunications equipment or services in DFARS 252.204-7016.)

• DFARS 252.229-7001, Tax Relief (Apr 2020)

• DFARS 252.247-7022, Representation of Extent of Transportation by Sea (Jun 2019)

e. The Offeror shall complete and submit the Contractor Plan for Essential Contractor Services (Attachment 3).

(7) Part II – Technical Worksheet (Not to exceed 15 pages)

a. The Offeror shall complete and submit the Technical Worksheet (Attachment 5) according to the instructions contained therein. Responses shall be clear, concise, and include sufficient detail for effective evaluation against the criteria defined in FAR 52.212-2.

(8) Part III – Price Proposal

a. The contractor shall complete and submit the Schedule of Rates (SOR) (Attachment 2). The contractor shall input rates for ALL items in the “Unit Price” column that are highlighted in yellow. Do not input formulas within the “unit price” column.

b. Do not attempt to change anything on the spreadsheet. Enter $0.00 if you wish to proposal the item free of charge. The Government will consider the SOR as incomplete if any cells is not filled in.

c. All prices shall be submitted in USD with two (2) decimal places only. If there are more than two (2) decimal places entered, the proposal may not be considered for award. NOTE: Contract award and payment shall be made in US Dollars.

(End of provision) http://www.sam.gov/

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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:

(1) Technical Worksheet (RFP Attachment 5) – (Acceptable/Unacceptable)

(2) Price Proposal/Schedule of Rates (RFP Attachment 2) – (Fair and Reasonable/Not Fair and Reasonable)

(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. For this contract, the only option is the six-month extension of services pursuant to FAR 52.217-8. 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.

Paragraph (d) is added as follows:

(d) Basis of Award. This acquisition is conducted under FAR Part 12, Acquisition of Commercial Products and Commercial Services, and FAR Part 15, Contracting by Negotiation. Award will be made on the basis of the Lowest Price Technically Acceptable (LPTA) source selection process pursuant to FAR 15.101-2. Specifically, the evaluation process shall proceed as follows:

(1) The Government will review each proposal received for compliance IAW the proposal preparation instructions listed in Addendum to FAR 52.212-1. To be considered compliant, each proposal shall include the required Contract Documentation (Part I), Technical Worksheet (Part II), and Price Proposal (Part III). Only those proposals that are considered compliant shall be evaluated. Proposals received that are considered incomplete or non-compliant may be considered ineligible for award.

(2) Next, the Government will rank the proposals from lowest to highest Total Evaluated Price (TEP) and evaluate the Technical Worksheet (Attachment 5) of the four proposals with the lowest TEP (or all proposals if less than four are received). Evaluated Technical Worksheets will receive a rating of Acceptable (Technical Worksheet clearly meets the minimum requirements of the solicitation) or Unacceptable (Technical Worksheet does not clearly meet the minimum requirements of the solicitation). The Government will utilize the Excel (.xlsx) spreadsheet at Attachment 2, Schedule of Rates, to capture pricing and to calculate the TEP for ranking, evaluation, and award purposes. If no Technical Worksheets associated with the four lowest priced proposals are Acceptable, or if only one is Acceptable, the Government will continue evaluating Technical Worksheets (one-by-one) until two proposals are rated Acceptable or until all Technical Worksheets have been evaluated.

(3) Finally, the Government will evaluate the lowest priced TEP of the Offeror whose Technical Worksheet received an Acceptable rating to determine fair and reasonableness using one or more techniques set forth in FAR 15.404- 1(b)(2). If necessary, pursuant to DFARS 215.404-1(b), the Government may request the Offeror to submit other than certified cost and pricing information to assist in the fair and reasonableness determination. Additionally, IAW FAR 15-404-1(g), the Government will review proposed unit prices to determine if unbalanced pricing exists. If the lowest priced proposal is deemed to have a fair and reasonable TEP and balanced pricing (or if unbalanced pricing exists, it does not pose unacceptable risk to the Government), the Government will complete a responsibility determination IAW the criteria specified in FAR 9.104-1. If found responsible, the evaluation process stops at this point as that proposal represents the best value to the Government. Award shall be made to that Offeror without further consideration of any other proposals.

(4) If the Offeror with the lowest priced TEP (and Acceptable Technical Worksheet rating) is found to be non-responsible or have unbalanced pricing that poses an unacceptable risk to the Government, the Offeror with the next lowest priced TEP (and Acceptable Technical Worksheet rating) will be evaluated in the same manner specified in paragraph (d)(3). This process will continue until an Offeror is evaluated to have an Acceptable Technical Worksheet rating, a fair and reasonable TEP, balanced pricing (or if unbalanced pricing exists, it does not pose unacceptable risk to the Government), and the Offeror is deemed responsible, or until all proposals have been evaluated. This may require the evaluation of additional Technical Worksheets (in TEP rank order) for Offerors not initially evaluated pursuant to paragraph (d)(2) above.

(5) The Government intends to evaluate proposals and make award without discussions. However, if no offers are awardable based on the evaluation process above, or the Offeror with the lowest priced TEP receives an Unacceptable Technical Worksheet rating, the Government may decide to enter into discussions. If the determination is made to enter into discussions, a competitive range will be established IAW FAR 15.306(c). The source selection team will complete the discussion process, request final proposal revisions, and document final evaluation results for those Offerors determined to be within the competitive range. After evaluation of final proposal revisions, a selection will be made using the LPTA source selection process as denoted in paragraph (d) unless it is in the Government’s best interest not to award a contract. For this RFP, clarifications (limited exchanges) may be held with Offerors to address areas of non-compliance identified during the compliance review (reference paragraph (d)(1) above) that are considered minor or clerical errors. Such clarifications may lead to minor proposal revisions (e.g., signed Amendment, completed SAM representation) to address the minor or clerical error.

(End of provision)

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 15 February 2023 through 14 February 2028 (or 14 August 2028 if the six-month extension of services is exercised pursuant to

FAR 52.217-8).

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

(End of Summary of Changes)