N00024-22-R-2244 Amendment 0003.pdf

N0002422NR68039

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 Block 14 continuation page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY 04-Aug-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 N0002422R2244

X 9B. DATED (SEE ITEM 11)

15-Jul-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

04-Aug-2022

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:

N0002422R2244

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 N00024-22-R-2244 is to:

a) Respond to questions 003 - 014 submitted by potential Offerors;

b) Revise Section C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT; and

c) Revise Section E - RECEIPT INSPECTION AND ACCEPTANCE.

d) Revise Section L - INSTRUCTIONS TO OFFERORS.

1. The following questions were submitted by a potential Offeror. The Government’s response follows the question. Questions and Answers 003 - 014 are provided in this Amendment 0003.

Question 003: Are Offerors required to carry builder's risk insurance for the construction CLINs? Additionally are Offerors required to carry builders risk, or other coverage to insure the vessel during the delivery transits?

Answer 003: Clauses H-228-H002 INSURANCE-PROPERTY LOSS OR DAMAGE-LIABILITY TO THIRD PERSONS—BASIC (NAVSEA) (OCT 2018 and H-228-H001 ADDITIONAL INSURANCE PROVISIONS (NAVSEA) (OCT 2018) apply and must be read in full.

The Construction CLINs: No, the Contractor, shall not, unless otherwise directed or approved in writing by the Government, carry or incur the expense of any insurance against any form of loss of or damage to the vessels or to the materials or equipment therefor to which the Government has acquired title or which have been furnished by the Government for installation by the Contractor. The Government assumes this risk for loss or damage to the vessels and to its materials and equipment. NAVSEA Clause H-228-H001, ADDITIONAL INSURANCE PROVISIONS, states ""the assumption by the Government of the risk of loss of or damage to the vessels and the materials and equipment therefor provided for by the aforesaid paragraph (a) of the requirement entitled ""Insurance Property Loss Or Damage Liability To Third Persons"", shall continue until the expiration of the guaranty period(s) of the vessel(s), or until completion of all work under this contract, whichever is later.”

However, please note that the Contractor is required to acquire and maintain other forms of insurance under these clauses, that the Contractor is required to pay the first $50,000 of loss or damage under the clause, and that the Government does not assume any risk with respect to defective workmanship or nonconforming workmanship, or for the costs or expense caused by, resulting from, or incurred as a consequence of delay or disruption of any type whatsoever.

Delivery Transits: With respect to the delivery transits, pursuant to the pamphlet, Marine Builders Risk (Navy Form Syndicate), the Navy’s Builders Risk insurance covers “all risks of trial trips, loaded or otherwise, as often as required, all risks whilst proceeding to and returning from the trial course, and all risks of delivery trips.” Because the Navy’s Builders Risk insurance covers “all risks of delivery trips,” the Navy assumes the risk of transit from the Contractor’s yard to the point of delivery. Therefore, the Contractor is not required to carry Builders Risk insurance to cover the transit from the Contractor’s yard to the delivery points.

Question 004: Are Offerors required to maintain Collision Liability and Protection and Indemnity Insurance on the vessel during the delivery trip?

Answer 004: Under H002 INSURANCE-PROPERTY LOSS OR DAMAGE-LIABILITY TO THIRD PERSONS— BASIC the Contractor is required to acquire and maintain Collision Liability and Protection and Indemnity Liabilities insurance (Government Syndicate Form), including for the delivery trips.

However, please note that there is an exception for underway trials under H-228-H001 ADDITIONAL

INSURANCE PROVISIONS (NAVSEA) (OCT 2018):

"..., the Contractor shall not carry Collision Liability and Protection and Indemnity Liabilities insurance (Government Syndicate Form) ..." during the period of the performance of the underway trials required by this contract.” (emphasis added). Note that the transit from the Contractor’s yard to the points of delivery would not be an “underway trial” because when the YON is ready for delivery, the YON would be complete and the delivery would not be a “trial.” Therefore, the Contractor is responsible for obtaining Collision, Liability and Protection and Indemnity Liabilities insurance for the transit from its yard to the delivery points.

The Offerors are responsible for reading these clauses in full. Certain dollar limitations apply.

Question 005: The current delivery days allowed for CLIN 5001 would have this barge being delivered before barge 3 CLIN 3001 and barge 4 CLIN 4001. Please advise.

Answer 005: While the quantity of Days After Option Exercise (DAOE) in Section F is lesser for CLIN 5001 (at 420 DAOE) than the quantity of days for CLINs 3001 and 4001 (at 780 DAOE), the Addendum L-7 estimated order dates are not the same. CLINs 3001 and 4001 have an estimated exercise of OCT 2022, whereas CLIN 5001 has an estimated exercise of Mar 2024. Please see the below for the resulting estimated timelines:

CLIN 3001 - 780 DAOE - Anticipated exercise Oct 2022 (per L-5) -> Dec 2024 CLIN 4001 - 780 DAOE - Anticipated exercise Oct 2022 (per L-5) -> Dec 2024 CLIN 5001 - 420 DAOE - Anticipated exercise Mar 2024 (per L-5) -> May 2025"

Question 006: The current delivery days allowed (DARO) for CLIN 3001 and 4001 have the two barges being delivered at the same time (780 days after award). It is preferred for shipbuilding work process to have staggered deliveries. Please advise if staggered deliveries are acceptable.

Answer 006: For YON Fuel Oil Barges, the Government’s requirement is to receive YON hulls 3 & 4 at FOB origin on the required delivery date. A staggered delivery date for hull 3 to the left of the required date is not out of alignment with the solicitation.

Question 007: CLINs 4003 and 4004 request the combined pricing for delivery of barges 3 and 4 together (not individual pricing). Is it the Navy intent for Contractors to combine the delivery prices of the 2 barges into a single total price?

Answer 007: Yes. For CLINs 4003 and 4004, Offeror's should provide one price for delivery of hulls 3 and 4.

Competitive pricing for delivery of both hulls by the required date is being solicited under each of these CLINs.

Question 008: The Solicitation includes 52.246-16 Responsibility for Suppliers (page 49). It is our understanding this clause mandates the Contractor to be responsible for all risk of loss until delivery. The solicitation also includes H-228-H002 INSURANCE-PROPERTY LOSS OR DAMAGE-LIABILITY TO THIRD PERSONS, which we understand that the Government assumes risk of loss and damage to the vessels. Please clarify whether Contractors are to carry builders risk insurance coverage over the vessels under construction.

Answer 008: The Government has removed FAR 52.246-16 from the solicitation. Provision H-228-H002

INSURANCE-PROPERTY LOSS OR DAMAGE-LIABILITY TO THIRD PERSONS—BASIC (NAVSEA) (OCT

2018) is retained “as-is” within the solicitation. Contractors are NOT required to carry builders risk insurance coverage for the vessels under construction. However, there are certain situations stated in H-228-H002 in which the Government does not assume the risk. See Responses to BQ 3 and BQ 4 and the full text of H-228-H002 INSURANCE-PROPERTY LOSS OR DAMAGE-LIABILITY TO THIRD PERSONS—BASIC (NAVSEA) (OCT) and NAVSEA Clause H-228-H001, ADDITIONAL INSURANCE PROVISIONS.

FAR 52.212-4 Contract Terms and Conditions- Commercial Items, paragraph (j) states, “Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:” The terms contained within H-228-H002 provide such exception under this solicitation."

Question 009: Regarding solicitation clause H-228-H002 INSURANCE-PROPERTY LOSS OR DAMAGE- LIABILITY TO THIRD PERSONS, does the Government require the Contractor to carry liability coverage for the delivery CLINs?

Answer 009: Yes, the Contractor is required to carry Collision and Liability and Protection and Indemnity Liabilities insurance for the delivery transits in accordance with Clauses H-228-H002 INSURANCE-PROPERTY LOSS OR DAMAGE-LIABILITY TO THIRD PERSONS—BASIC (NAVSEA) (OCT 2018 and H-228-H001 ADDITIONAL INSURANCE PROVISIONS (NAVSEA) (OCT 2018). (See response to BQ4).

Question 010: In the event the Government requires Performance and Payment Bonds in accordance with 52.228- 16 Performance and Payment Bonds – Other than Construction, does the Government anticipate that the cost of such bonds will be reimbursed via a contract modification?

Answer 010: In the event the Government invokes a Bid Bond, Performance Bond, or Payment Bond, Offerors will be notified via solicitation amendment and will be permitted to revise their pricing.

Question 011: Solicitation Section 2.0 Crew Familiarization states, “The familiarization shall be held at the delivery location within 15 days of craft delivery and shall be scheduled as agreed to by the Government.” Can the Government confirm that crew familiarization will be held at the Contractor’s facility (F.O.B. Origin delivery location) if F.O.B. Destination options are exercised?

Answer 011: If FOB Origin (delivery CLINS are NOT exercised), Crew Familiarization shall be held at the Contractor’s facility after Acceptance Trials and prior to craft transit. If FOB Destination (delivery options are exercised), Crew Familiarization shall be held at the delivery location within 15 days of craft delivery and shall be scheduled as agreed to by the Government.

Question 012: Solicitation Section L.8.1.1. (c) (3) states "Offerors shall provide a description of past performance experience for themselves and any significant subcontractors in design and/or construction on no more than five (5) contracts/subcontracts over the last five (5) years in the design and/or construction of ships or craft similar in scope and complexity to the proposed YON craft." Is there a number of minimum projects the Government requires for past performance?

Answer 012: No, there is not a minimum number of past performance descriptions.

Question 013: Specification Section 7000.01 states the barge shall have a maximum length overall (LOA) of 54.9 meters (180 feet) and a maximum beam of 13.7 meters (45 feet). Does this include fendering?

Answer 013: The specified length and beam includes fendering.

Question 014: Can the Government define how Total Evaluated Price (TEP) will be determined? For instance, will TEP be evaluated inclusive of all CLINS or will the Government at its discretion consider removal of the towing/option CLINs since these are subjective in relation to Contractors Geographic Location or potential in-house fleet?

Answer 014: As stated in Solicitation Section L.9.1.1. Factor 3.0 Price, the TEP will consist of the Offeror’s proposed price contained in Addendum L-7 Pricing Summary. For evaluation purposes, it is in the best interest of the Government for all Optional delivery CLINS to remain in the TEP.

2. Section C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT, is hereby amended as follows:

- C.2 is revised to add the following text:

If delivery CLINS are NOT exercised, Crew Familiarization shall be held at the Contractor’s facility after Acceptance Trials and prior to craft transit.

3. Section E - RECEIPT INSPECTION AND ACCEPTANCE, is hereby amended as follows:c

- FAR 52.246-16 is removed from Section E.

4. Section L - INSTRUCTIONS TO OFFERORS, is hereby amended as follows:

- Correct email addrress at L.8.1.1. (c)(5) from "Felisha.M.Morsell@us.navy.mil" to "Felisha.M.Morsell.civ@us.navy.mil".

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 N00024-22-R-2244 remain unchanged.