N00024-20-R-2200 Amendment 2.docx

N0002420R2200

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.

(a) Definitions. As used in this provision--

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

(a) Definitions. As used in this clause--

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been added by full text:

INSTRUCTIONS TO OFFERORS

SECTION L

General Instructions

(a) Terms and conditions

(1) Offerors shall submit the proposal electronically via email by 2:00 PM Eastern Time (ET) on 10 August 2020 to the point of contact (POC) listed below.

· Roxie Thomas - roxie.thomas@navy.mil AND

· Heather Glovinsky - heather.e.glovinsky@navy.mil

(2) Please note that emails larger than 20 MB cannot be received by the NAVSEA email system. If your email is larger than 20 MB the contractor shall send separate emails until the entire proposal has been sent. The subject line of the email shall read as follows:

(COMPANY NAME) RESPONSE TO SOLICITATION N00024-20-R-2200 EMAIL 1 OF (# of emails) (i.e. 1 of 2, 2 of 2, 1 of 1)

(3) Offerors are advised that it is an Offeror’s responsibility, to ensure the proposal’s timely delivery by transmitting the proposal sufficiently in advance of the time set for receipt of proposals to allow for timely receipt by the agency. Offeror’s shall enable the “Delivery Receipt” for each email transmission. In the event of a dispute of proposal time submission, the time on the system generated delivery receipt e-mail shall serve as the official time that the proposal was submitted to the Government. Late proposal submissions will be handled in accordance with FAR 52.215-1.

(4) Any business, grantee or organization wishing to do business (including responding to this RFP) with the federal government under a Federal Acquisition Regulation (FAR) – based contract must complete the required registration with the System for Award Management (SAM) (https://sam.gov ). There is no charge for the registration. Please note this process will take a few business days for information to be verified with the IRS and Dun and Bradstreet (D&B) (www.dnb.com ).

· A Data Universal Numbering System (DUNS) number from D&B is required prior to registering in SAM. Obtaining a DUNS is free and takes 1-3 business days to receive. There is no charge for this service.

· A business or agency taxpayer identification number (TIN), or Social Security number is required. If you are a sole proprietor when registering in SAM.

· The applicable North American Industry Classification System (NAICS) code and Product Service Code (PSC) for this procurement is listed as follows:

· NAICS 336612

· PSC 1940

(5) It is the Offeror’s responsibility to draft a logical, practical, clear and concise proposal that contains all pertinent information in sufficient detail so that the government evaluators are able to meaningfully evaluate the Offeror’s proposed approach and price without discussions. An Offeror’s proposal must clearly and convincingly demonstrate that the Offeror has a thorough understanding of the requirements and associated risks; is able, willing, and competent to devote the resources necessary to meet the requirement; and has valid and practical solutions for all requirements. The Offeror must include any data necessary to illustrate the adequacy of the various assumptions, approaches, and solutions to problems. In presenting material in this proposal, the Offeror is advised that quality of information is more important than quantity. Offerors must use quantitative terms whenever possible and avoid qualitative and subjective terms to the maximum extent practicable. Proposal volumes must be consistent internally.

(6) The Government may judge a proposal to be unacceptable if the proposal contains statements that do not clearly reveal the Offeror’s proposed approach, statements that the Offeror will comply with the RFP, or statements that the Offeror will provide a particular feature or objective without explaining how the feature or objective will be met.

(7) General statements such as, “the Offeror understands,” “the Offeror can or will comply with the requirements,” “standard procedures will be used,” “well-known techniques will be used,” or statements which merely paraphrase this RFP in whole or in part will not constitute compliance with the requirements for proposal content. Data previously submitted, or presumed to be known (e.g., data or services previously submitted or performed for the Government) will not be considered as part of the proposals unless physically incorporated into the proposals.

(8) The Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.

(9) The Offeror shall submit all information required by this Request for Proposal (RFP). Failure to comply with the terms and conditions of the RFP may result in the Offeror being removed from consideration for award. The Offeror’s proposal shall be based on the requirements contained in the RFP (including those documents, exhibits, and other attachments to the RFP identified in Section J). Offerors are required to submit a proposal encompassing all ITEMS listed in Section B herein. If using subcontractors Offeror’s shall explain how you intend to comply with FAR clause 52.219-14.

(10) If the solicitation is amended, then all other terms and conditions that are not amended shall remain unchanged. Vendors shall monitor the http://beta.SAM.gov frequently to ensure all amendments are captured in the submitting proposal before the RFP closing date and time. In addition to a completed and signed Standard Form (SF) 1449 if amendments are issued proposal must contain signed SF 33 to the solicitation.

(11) Any data previously submitted in response to another solicitation will be assumed to be unavailable to the government during this proposal evaluation and source selection process. Proposal data shall not be incorporated into the proposal by referring to another proposal or other instrument.

(12) Proposals are to be based on the requirements contained in the solicitation Schedule, Specification, and other attachments and exhibits

(13) Offerors are advised that proposals shall be accepted only from those Offerors proposing as potential prime contractors. Such Offerors shall be responsible for submitting complete proposal packages containing all components of the proposal inclusive of any team member or subcontract proposal information. Pricing data, or other information which may be considered proprietary to team members or subcontractors, shall be submitted with the prime contractor’s proposal in a separate sealed envelope.

(14) If an Offeror believes that the requirements and/or instructions in the RFP contain an error, omission, or are otherwise unsound, the Offeror should timely notify the Contracting Officer in writing with supporting rationale within five (5) days after release of this RFP on http://beta.SAM.gov.

(15) Prior to using an appointed agent to communicate with the Government on matters concerning this RFP or any resulting contract, the Offeror shall send written notification to the Contracting Officer outlining the time period and conditions when the appointed agent is authorized to act or communicate on the Offeror's behalf. The Offeror shall identify in its response to this solicitation the name of any agent, consultant or third party it used in preparing its offer.

(16) Hand carried offers are not acceptable at this time.

(17) Proposal in response to this solicitation must be valid for a minimum of 60 calendar days.

(18) Offerors are cautioned that, in accordance with the “Instruction to Offerors-Competitive Acquisition” clause (FAR 52.215-1), the Government intends to award a contract on the basis of initial proposals received, without discussions. Therefore, each proposal shall contain the Offeror’s best terms from a price and technical standpoint. Only one offer will be accepted from each Offeror.

(19) Offerors are cautioned that, in accordance with the “Instruction to Offerors-Commercial Items” clause (FAR 52.212-1), the Government intends to award a contract on the basis of initial proposals received, without discussions. Therefore, each proposal shall contain the Offeror’s best terms from a cost and technical standpoint. Offerors may submit multiple offers, but each offer must be submitted separately and completely in accordance with the RFP in separate emails or containers.

(b) Offeror’s Questions

(1) All questions should be submitted by 2:00 ET on 22 July 2020 to allow the Government adequate time to issue responses to all Offerors prior to the date and time set for receipt of proposals. Questions submitted via e-mail must use the subject line below:

· Company Name N00024-20-R-2200 Flag Barge BIDDER’S QUESTIONS.

(2) The Government will continue to accept questions up to one week before the closing date and time of the solicitation; however, time may not permit responses to be issued prior to proposal receipt. Failure of the Government to answer questions received after the 22 July 2020 will not constitute a reason to extend the due date of the proposal. It is the Government’s intention that questions and responses will be posted as amendments to the solicitation, visible to all Offerors, at the beta sam website, https://www.beta.sam.gov or emailed to every Offeror. Although every effort will be made, the Government makes no guarantee that all questions will be answered. No information contained in the answers to bidder’s questions shall supersede any information contained in the solicitation (including amendments). No bidder’s question submitted shall contain proprietary information.

(3) Questions regarding this RFP are to be directed to all of the following and each question shall include the document name, document date, specific page, paragraph, clause or other definitive citation requiring clarification:

Roxie Thomas - roxie.thomas@navy.mil

AND

Heather Glovinsky - heather.e.glovinsky@navy.mil

(4) The Offeror shall submit questions related to this RFP electronically to the persons listed below. Telephone inquiries will not be accepted.

(5) The Government intends to hold a post-RFP release teleconference for this solicitation on 3 August 2020. The purpose of this teleconference will be an open dialogue between the Government and interested contractors regarding the required specification of the bid and to answer industry questions. If you would like to participate in this teleconference please email Heather Glovinsky at heather.e.glovinsky@navy.mil no later than 31 Jul 2020, 4:00 PM ET to receive dial in number.

(c) Content.

(1) An Offeror’s proposal shall consist of two (2) separate volumes (attachments) as noted in the table below. One electronic copy is required.

Non-price Factors

· Factor 1: Detailed Boat Information

· Factor 2: Past Performance and Experience

10 AUG 2020

None

· Factor 3: Price

10 AUG 2020

None

· Electronic = email

(d) Format.

(1) All pages shall contain the phrase: “SOURCE SELECTION SENSITIVE”. No price information, (i.e. dollar values and/or hourly rates) shall be included in any volume other than the Price Volume (Volume II).

(2) An Offeror’s proposal shall include a transmittal letter that includes the following: solicitation number and closing date and time; Government issuing office identification; full official name and address of firm; name and phone number of the individual designated as the responsible contact for the firm; reference to the enclosures or volume numbers and quantities being provided of each; any exceptions taken to the terms of the RFP; and the date of the enclosures or volumes if different from the date of an Offeror’s proposal. An authorized official of the Offeror shall sign the transmittal letter.

(3) Each volume should contain the following (unless otherwise noted):

· Cover and Title Page – The cover and title page which indicates the following: Title of proposal RFP number Proposal volume Section numbers Serial number/copy number Offeror’s name

· Table of Contents – The table of contents must provide sufficient detail to enable easy location of important elements.

(e) Proposal Content Requirements.

(1) In addition to a completed and signed Standard Form (SF) 1449, the proposal must consist of Volumes I - II. Volume I shall contain proposal information addressing the following production approach and past performance information. Volume II shall contain proposed pricing information.

(2) All electronic files must be uncompressed and compatible with Microsoft Office 2016, Microsoft Project 2010 and Adobe Acrobat X™. All spreadsheets or mathematical computations shall be working versions, including formulas and computations. Note, submission of locked spreadsheets will not be acceptable. Original documents created in Microsoft Word, Excel, or equivalent shall be the actual workable documents, and not scanned Portable Document Format (PDFs). All Microsoft Excel files shall be completely readable and editable, as to ascertain the validity of the pricing or other data contained therein. All data and tables shall be in a printable format. All Adobe Acrobat files shall be word-searchable. Drawings shall be submitted in an AutoCAD 2012™ compatible format and PDF unless otherwise specified.

(f) Proposal Volume Requirements.

VOLUME I: Technical Proposal (Non-Price factors)

Note: Volume I shall include a list/index of all attachments that are submitted.

Factor 1: Detailed Boat Information: Offerors shall describe the overall boat style, characteristics, features, survey condition, delivery and ownership to meet those required under this solicitation. At a minimum, the Boat Information shall include the following:

A. Boat Description: Describe the brand, model and type of boat; the construction materials for hull, decks and deckhouses; the general arrangement to include all spaces, interior and exterior with approximate dimensions, furnishings, and equipment; the interior and exterior style and styling details, e.g., colors, patterns, materials, finishes; expected number of passengers and crew that can be comfortably accommodated; all major equipment and its condition; e.g., main engines and hours, generator(s) and hours, HVAC, navigation equipment; galley equipment; year and description of recent upgrades, modifications, repairs or replacements. Photos of each space, interior and exterior, shall be included. Photos should be sufficient to convey an understanding of the general size, layout and features and furnishings included with each space. Exterior photos from the side, bow and stern and showing the surface of each exterior deck area shall be included.

B. Boat Characteristics: Complete Attachment 2 identifying all required equipment and features with make and model as required.

C. Boat Survey: A recent survey shall be submitted. The survey shall, at a minimum, be an in-water survey. A previously conducted survey must have been completed on or after 1 April 2018. If a survey was not conducted on or after 1 April 2018, the Contractor is required to hire an Accredited Marine Surveyor (not “Associate” or “Affiliate”) of The Society of Accredited Marine Surveyors (www.marinesurvey.org) with Y, SC (Yachts and Small Craft) special designations or a Certified Marine Surveyor (CMS) (not “Associate” or “Apprentice”) of The International Association of Marine Surveyors (www.namsglobal.org) with “Yachts and Small Craft” credential to perform an in-water survey, at a minimum, and submit the results with the proposal.

D. Pre-Award Survey: In addition to the required in-water survey in item 3 above, and regardless of the age of last haul out and survey, the Government reserves the right to require a pre-award haul out, survey and sea trial with engine survey (to include engine cylinder compression check and leak down test or borescope of main engines and generators) of the boat of the apparent winner, prior to the award of any proposed contract, at no additional cost to the Government. The Contractor shall have the boat hauled out, pressure washed, surveyed with engine survey and sea trialed by a surveyor who is an Accredited Marine Surveyor (not “Associate” or “Affiliate”) of The Society of Accredited Marine Surveyors (www.marinesurvey.org) with Y, SC (Yachts and Small Craft) special designations or a Certified Marine Surveyor (CMS) (not “Associate” or “Apprentice”) of The International Association of Marine Surveyors (www.namsglobal.org ) with “Yachts and Small Craft” credential. The Surveyor for the Pre-Award Survey shall not be the same person nor from the same firm as the Surveyor for the Boat Survey in item 3 above. A Government representative or representatives (no more than 4) shall be in attendance during the entire haul-out, sea trial and survey. The survey report shall be submitted directly to the Government representative, from the Surveyor, within 3 business days of completion of the survey. Offeror shall submit their plan for meeting the abovementioned requirements in their proposal.

E. Delivery: Each Offeror will determine which delivery location in Section F of the solicitation they will choose to deliver the boat. Offeror shall describe the plan to accomplish delivery of the boat to the selected location in Section F. Description should include the names and location of anticipated subcontractors (crew or shipping company), and the manner in which the boat will be shipped. If delivery on its hull is planned, describe the route, distance, timing and source(s) of fuel to accomplish. If delivery is via U.S. shipping carrier, describe the plan to get the boat to the carrier, how it will be loaded and secured, the estimated shipping and receiving dates, and how it will be offloaded and delivered. Provide Attachment 3 verifying that shipment will occur via U.S.-flagged carrier. The delivery dates provided in SECTION F of the Request for Proposals are the maximum allowed delivery dates. Contractors may propose earlier delivery dates.

F. Ownership: Offerors shall provide a clear evidence (title) of ownership or a detailed description of how they will acquire the boat. The Offeror shall provide a “Letter of Intent” from the seller or owner of the title of the boat that shows clear evidence that the Offeror and the seller of the boat have an agreement that guarantees that the boat will be sold to the Offeror upon contract award. If the Offeror already owns the boat, evidence of ownership shall be provided. The contractor shall provide clear evidence (title) of ownership of the boat within 5 business days of contract award. The contractor warrants and guarantees that a good and clear title to the boat, provided pursuant to the contract requirements, shall pass to the Government free and clear of all claims, liens, security interest and other rights and encumbrances.

Factor 2: Past Performance and Experience (PP&E): The Government will use Contract Performance Assessment Reporting System (CPARS), SAM, the Better Business Bureau (BBB) database and/or information that is publically available for Past Performance acceptability.

VOLUME II: Price Proposal

Factor 3: Price: All information in Volume II, Price, will be reviewed to determine compliance with the Section L submission requirements. The following items shall be completed and included in the Price Volume of the Offeror's proposal:

A. Standard Form 1449 Blocks 17a and 30a-c and any amendment.

B. All pricing shall be completed in Section B of the RFP.

C. Offerors must complete Section K of the solicitation (Certifications, Representations, and Other Statements). The reps and certs are in addition to the information in SAM.gov.

Clarity and completeness of the Price volume are of the utmost importance. The Price volume must be internally consistent or the price proposal may be considered unacceptable.

(End of Summary of Changes) image1.wmf