N00024-21-R-2253 Amend 0003 041221.pdf

N0002420NR53156

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

See Revised Summary of Changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY 12-Apr-2021

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 N0002421R2253

X 9B. DATED (SEE ITEM 11)

26-Mar-2021

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

12-Apr-2021

CODE

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2020

N00024 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0002421R2253

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

REVISED SUMMARY OF CHANGES

The purpose of this amendment to solicitation N00024-21-R-2253 is to:

a) Respond to questions submitted by potential Offerors;

b) Revise Section B– SUPPLIES OR SERVICES AND PRICES;

c) Revise Section I – CONTRACT CLAUSES;

d) Revise Section L – INSTRUCTIONS TO OFFERORS.

1. The following questions were submitted by potential Offerors. The Government’s response follows each question. Questions and Answers 014 through 025 are provided in this Amendment 0003.

Question 014: We understand that the YRBM craft shall be directionally stable under tow per J-1 YRBM Requirements Matrix line item 070g. For example, under section M.4.2.1. (a)(1) specification (b), Seakeeping and Maneuvering is listed as one of the vital evaluation factors for the award. It is explicitly stated in Section M.4.2.1.(a)

(1) (b) that "If the Offeror’s technical proposal deviates from the specification in these areas in a way that does not meet these minimum requirements, then the failure to meet that requirement(s) will be defined as a deficiency which will result in a rating of “Unacceptable”.

However, Section L.8.1.1. (b)(2) does not list Seakeeping and Maneuvering analysis to be submitted as a part of the technical review.

Since this is a barge tied to a dock most of it's service life and towed unmanned, seakeeping is not necessarily an important criteria for the people onboard. We understand that the personnel are not onboard when it is towed and it is the reason for not including seakeeping in Section L.8.1.1. (b)(2) by the government.

Can government confirm that if the seakeeping analysis is provided, all that the offeror needs to make sure is that all the equipment and systems onboard are adequate enough for SS-4 mentioned in J-1 070g ?

Answer 014: A Seakeeping and Maneuvering Analysis is not required to be submitted in the Offeror's technical proposal. The Offeror is to complete Addendum L-2,YRBM Requirements Matrix , which contains the seakeeping requirements in YRBM Specification 3.070g SEAKEEPING AND MANEUVERING. The Addendum L-2 submission requirement is in L.8.1.1. (b)(1) and the evaluation will be conducted in accordance with M.4.2.1. (a).

Question 015: The outfitting items required in Command Master Chief Office are referred to Table 661-3.

However, Table 661-3 does not include the furniture requirements of Command Master Chief Office. Can the Government please update the table with these requirements?

Answer 015: Yes, the J-1 has been updated to include the outfitting requirements for the Command Master Chief office. This revision is captured in the J-1 Specification and associated Addendum L-2 dated 06APR21 which was posted with Amendment 0002.

Question 016: Per J-2 Data Requirements List, the design data can be provided either in metric or imperial system.

Per Section L.8.1.1. (b)(1) Hull lines and plans are required for submission as a part of the supporting technical data.

Attachment J-2 -DI-021-08 Hull Lines Drawing, identifies some parameters in metric system which are not equivalent to standard measurements in imperial system. Statements in J-1 and J-2 about imperial vs. metric units are somewhat contradictory.

Does the Government have a preference and will the Government allow the Offeror to select one unit system and round dimensions to the nearest standard measurements during the conversion?

Answer 016: In general, the Government prefers imperial units, however, the Offeror may use metric units if not expressly prohibited. The Offeror may round dimensions to the nearest standard measurement during the conversion.

Question 017: Section L statements related to the prime contractor conflict.

Per L.1.1. (2) " . . .Therefore, the resultant contract for this solicitation will only be awarded to a shipyard as the prime contractor."

Per P 139, L.8.1.1. (d) (2) " . . .For the purposes of Past Performance, “significant subcontractor” includes the design agent(s) if the prime contractor is not itself the design agent, the proposed shipyard if the prime contractor is not itself the shipyard, or a subcontract that equals or exceeds 10% of the total contract value."

Is it the intent of the Government to limit the prime contractor to only fabrication facilities that are purely shipbuilders? In other words, are companies that are capable of building, launching and delivering fabricated steel products of equal or greater complexity, but are not necessarily shipyards, excluded from this solicitation? For instance, there are many fabricators in the offshore industry that produce large accommodation modules classed to ABS requirements. Similarly, there are significant sized engineering contractors that can design, procure, program manage and supervise the build and delivery of marine vessels, while providing required bonding for these that assume total design and build responsibilities. The language in L.1.1.(2) limits competition and is not in the best interest of the Government.

Answer 017: Yes, per L.1.1.(2) "The resultant contractor for this solicitation will only be awarded to a shipyard as a prime contractor." Solicitation Section L.8.1.1. (d) (2) is updated accordingly to remove conflicting language.

Question 018: Our understanding of the RFP is that three bonds must be furnished by contractor. These bonds are:

Performance Bond : The Contractor shall furnish a performance bond (Standard Form 1418), except that a seal is not required) for the protection of the Government in an amount equal to twenty (20) percent of the original contract price. Due within 10 days of award.

Payment Bond: The Contractor shall furnish a payment bond Standard Form 1416, except that a seal is not required) in an amount equal to three (3) percent of the original contract price. Due within 10 days of award.

Bid Bond: The contractor shall provide a bid guarantee shall be four (4) percent of the bid price or $600,000, whichever is less.

Question: Our assumption is no additional bonds are required for options until the option would be awarded and this would be determined by the Contracting Officer at that time. Is our assumption correct?

Answer 018: Yes, the RFP identifies three separate bonds. All Offerors are required to provide a Bid Guarantee (or plan) in accordance with Solicitation Section L.9.1.1, 3.7 Bid Guarantee. The bid guarantee shall be four (4) percent of the bid price or $600,000, whichever is less. The Bid Guarantee is the only document required to be submitted in the Offeror's proposal. The Performance Bond and Payment Bond are required to be provided by the Successful Offeror within 10 days of contract award.

The Government has reviewed the Performance Bond and Payment Bond requirements in 52.228-16 and made the following updates:

Performance Bond : The Contractor shall furnish a performance bond (Standard Form 1418), except that a seal is not required) for the protection of the Government in an amount equal to $2.5 million dollars for the first five (5) years of the contract.

Payment Bond: The Contractor shall furnish a payment bond Standard Form 1416, except that a seal is not required) in an amount equal to $500 thousand dollars for the first five (5) years of the contract.

The Government's intent is to have the Contractor maintain a $2.5M Performance Bond and $500K Payment Bond during the first 5 years of contract performance. The Contractor will renew the bonds annually in accordance with the Surety Company's policy. The Government will only require the Awardee to provide additional performance bond protection in accordance with 52.228-2 which is revised to be incorporated by full text. Additionally, Note F is updated to clarify the term of the Performance and Payment bond will not exceed 5 years and correctly reference 52.228-2 Additional Bond Security.

The bond renewals will occur annually during contract performance. The Offerors should include the bond premium pricing within CLINS 1001, 2001, 3001, 4001, 5001, 6001, 7001, 8001. As options are exercised the bonds shall be renewed by the Contractor.

Question 019: Please confirm the bid guarantee specified at 4% of bid price is only for the bid price of definite items (items 1001 and 1002)? Please define "bid price" in this context?

Answer 019: Yes, that is correct. As stated in 52.228-1 BID GUARANTEE, "bid price" refers to CLINS 1001 and 1002 only.

Question 020: Section L.8.1.1 (a) Cover Letter states "This letter must also address the notice immediately below".

We did not locate a notice below. Please clarify.

Answer 020: Solicitation Section L.8.1.1 (a) Cover Letter is updated to remove this language.

Question 021: Integrated Master Schedule - Is it acceptable to submit a detailed IMS for the lead craft only, showing an abbreviated schedule for crafts 2 thru 8.

Answer 021: Yes, it is acceptable to submit a detailed IMS for the lead craft with an abbreviated schedule for crafts 2 through 8.

Question 022: Integrated Master Schedule - Is it acceptable to submit a detailed IMS in an attached Appendix document to the Technical Volume I proposal.

Answer 022: Yes, it is acceptable to submit the detailed IMS as an appendix to Technical Volume 1.

Question 023: Will the DoD SAFE site allow for Offerors to submit multiple files for the proposal? Example Volume I Technical, Volume II Pricing, supporting Appendices with separate documents required for workable files in excel, etc. for pricing sheets.

Answer 023: Yes, the DoD SAFE site allows Offerors to submit multiple files for their proposal. DoD SAFE allows the upload of up to 25 files per package. The maximum file size of a package is 8 (eight) gigabytes (GB). As stated in Section L.2.(a)(3), Offerors will email a pick-up request to the solicitation point of contacts. At that time, Offeror's may request multiple pick-ups if necessary. All offeror's are reminded to allow sufficient time to upload proposals to ensure timely submissions.

Question 024: Section 070g of J-1 requires “The YRBM craft shall be capable of being towed at 2.6 m/s (5 knots), unmanned, in open-ocean and coastal environments in NATO Sea State 4 conditions cited in STANAG 4194 Annex D, Table D-1 by harbor tugboat typically having propulsive power of 1,491 kilowatts (2,000 horsepower).”.

Further, J-2 DI-021-36 highlights the U.S. Navy Towing Manual SL740-AA-MAN-010 shall be used for guidance.

Can a propulsion and mechanical efficiency be provided for the associated harbor tugboat? Will the tugboat have propeller nozzles or remain an opened wheel vessel; subsequently, bidders can finalize the calculation sample set shown in U.S. Navy Towing Manual.

Answer 024: No. A propulsion and mechanical efficiency for harbor tugboat will not be provided, however the Offeror can assume the towing vessel has 30 tons bollard pull and propeller nozzles.

Question 025: The Solicitation is requiring a Bid/Performance/Payment Bond requirement. As a Small Business set-aside, this places a significant strain on a small businesses working capital. Since the requirement to have a bond will add to the cost of the contract would the Government consider having a retainage fee (Retention). This would keep contract costs down and in turn the government reduces risk by retaining a portion of the payment. In addition government risk is reduced by the significant amount of options in the solicitation.

Answer 025: The Government recognizes the Bid/Performance/Payment Bond requirement will add additional costs to the contract. The Contractor should include the costs of the bond premium within the proposed barge prices.

2. As a result of the above, SECTION B - SUPPLIES OR SERVICES AND PRICES; is hereby revised as follows:

Note F is hereby deleted in its entirety and replaced with the following:

“NOTE F

Awardee shall furnish separate, fully completed and properly executed Performance and Payment Bonds in accordance with the requirements of Section I clause 52.228-16 PERFORMANCE AND PAYMENT BONDS—OTHER THAN CONSTRUCTION (APR 2020) (DEVIATION 2020-O0016). The Performance and Payment Bonds shall be presented to the Contracting Officer within 10 days of contract award, but in any event, before starting work and annually on each anniversary thereafter, in the original amount for the first five (5) years of contract performance. In accordance with 52.228-2 the Government may require the Awardee to provide additional performance bond protection. If at any time, a Surety or any such bond shall become insolvent, is declared bankrupt, loses its right to do business with the Federal Government or is no longer listed in Department of the Treasury Circular 570, the Contractor shall immediately notify the Contracting Officer and within ten (10) Days after notice from the Contracting Officer to do so, shall substitute acceptable bonds in such form and sum signed by the other sureties as may be satisfactory to the Government.”

3. As a result of the above, SECTION I – CONTRACT CLAUSES; is hereby revised as follows:

a. 52.228-2 Additional Bond Security (Oct 1997) is changed from CLAUSES INCORPORATED BY REFERENCE to CLAUSES INCORPORATED BY FULL TEXT and added as follows:

“52.228-2 Additional Bond Security (Oct 1997)

The Contractor shall promptly furnish additional security required to protect the Government and persons supplying labor or materials under this contract if-

(a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;

(b) Any surety fails to furnish reports on its financial condition as required by the Government;

(c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or

(d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC’s scheduled expiration, the Contracting officer has the right to immediately draw on the ILC.”

b. 52.228-16 PERFORMANCE AND PAYMENT BONDS-OTHER THAN CONSTRUCTION (APR 2020) (DEVIATION 2020-O0016) is deleted in its entirety and replaced with the following:

“52.228-16 PERFORMANCE AND PAYMENT BONDS-OTHER THAN CONSTRUCTION (APR

2020) (DEVIATION 2020-O0016)

(a) Definitions. As used in this clause—

Original contract price means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418), except that a seal is not required) for theprotection of the Government in an amount equal to $2.5 million dollars for the first five

(5) years of the contract and a payment bond Standard Form 1416, except that a seal is not required) in an amount equal to $500 thousand dollars for the first five (5) years of the contract.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within 10 days, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States.

Treasury Circular 570 is published in the Federal Register, or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.”

4. As a result of the above, SECTION L - INSTRUCTIONS TO OFFERORS is hereby revised as follows:

a. SECTION L.8., SPECIFIC INSTRUCTIONS, L.8.1.1. (a)(1) is hereby deleted in its entirety and replaced with the following:

“The proposal shall be accompanied by a cover letter (letter of transmittal) prepared on the company’s letterhead. The cover letter (letter of transmittal) shall identify all enclosures being transmitted and shall be used only to transmit the proposal and shall include no other information.”

b. SECTION L.8., SPECIFIC INSTRUCTIONS, L.8.1.1.(d)(2) is hereby deleted in its entirety and replaced with the following:

“The Government intends to evaluate the Offeror’s and any significant subcontractors’ relevant past performance in design and construction of craft similar to the RFP requirement. For the purposes of Past Performance, “significant subcontractor” includes the design agent(s) if the prime contractor is not itself the design agent, and/or a subcontract that equals or exceeds 10% of the total contract value.”

5. Receipt of Proposals is not extended as a result of this amendment.

6. Except as provided herein, all other terms and conditions of solicitation N00024-21-R-2253 remain unchanged.