Amendment_0002.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 Amendment 0002 is to:

1. Reopen the solicitation to all interested parties

2. Change the period of performance to 13 March through 18 March 2013 (see paragraph 4 of the PWS).

3. Change a typo in paragraph (e) of FAR clause 52.212-2 Evaluation--Commercial Items to "..the period of performance w ill consist of six days."

4. All parties must submit/resubmit their proposals. Please pay special attention to Attachment A - Submission Package and submit w hat is requested in order. The close date to submit/resubmit proposals is 07:00 AM EST 05 March 2013. Please see attached.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 10

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

16C. DATE SIGNED

BY 28-Feb-2013

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 N00033-13-R-2023

X 9B. DATED (SEE ITEM 11)

21-Feb-2013

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 X is extended, 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

28-Feb-2013

CODE

MILITARY SEALIFT COMMAND, N1031/PM2

914 CHARLES MORRIS COURT SE

WASHINGTON NAVY YARD DC 20398-5540

N00033 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N00033-13-R-2023

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 25-Feb-2013 09:00 AM to 05-Mar-2013 07:00 AM.

The following have been added by full text:

AMENDMENT 0002

The purpose of Amendment 0002 is to:

1. Reopen the solicitation to all interested parties

2. Change the period of performance to 13 March through 18 March 2013 (see paragraph 4 of the PWS).

3. Change a typo in paragraph (e) of FAR clause 52.212-2 Evaluation--Commercial Items to "..the period of performance will consist of six days."

4. All parties must submit/resubmit their proposals. Please pay special attention to Attachment A - Submission Package and submit what is requested in order. The close date to submit/resubmit proposals is 07:00 AM EST 05 March 2013. Please see attached.

The following have been modified:

ATTACHMENT A

SUBMISSION PACKAGE

The Offeror must provide the following:

(a) Vessel Information.

(1) Vessel characteristics (please use the table on the next page as a guide to meet the minimum characteristics listed in paragraphs 8 & 9 of the PWS)

(2) Vessel(s) name(s) and ownership papers or proof of authority to offer the vessel(s)

(3) Drawings or pictures of the offered vessel(s)

(b) Offered Rates.

(1) Offeror must provide daily rates for the vessel or service. Rates will be incorporated into the contract document upon award.

(c) Independent Pricing Certificate.

(1) FAR Certification 52.203-2

(d) Representation and Certifications.

(1) FAR Provision 52.212-3 Alt I

(2) DFARS Provision 252.212-7000

(3) DFARS Provision 252.209-7997

VESSEL CHARACTERISTICS

CHARACTERISTIC MINIMUM

FLAG

CLASSIFICATION

NAVIGATION EQUIPMENT

DECK EQUIPMENT

TRANSIT SPEED

& RANGE

LENGTH OVERALL

DRAFT

N/A N/A

VESSEL ENDURANCE

CITIZENSHIP REQUIREMENTS

MESSING & BERTHING Ten (10) personnel

VESSEL DECK SPACE

FOR GFE

INTERIOR WORK SPACE

DELIVERABLES

OFFERED RATES

(To be filled in by the Contractor)

Vessel

Charter Hire 6 days (4 days underway)

Total 13 - 18 March 2013

Charter (Per Day) $ $ Mobilization $ Demobilization $ Total $

OFFEROR REPRESENTATIONS AND CERTIFICATIONS REQUIRED BY FAR

PROVISIONS AND CLAUSES LISTED HERE MUST BE COMPLETED BY OFFERORS AND MUST BE

SUBMITTED WITH OFFERS.

FAR 52.203-2 Certificate of Independent Price Determination (APR 1985) is incorporated by reference. An offeror shall complete this provision in the annual representations and certificates electronically via https://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. The full text of this provision is available electronically at:

https://www.acquisition.gov/far/current/html/52_200_206.html

FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (FEB 2012) with its Alternate I (April 2011) is incorporated by reference. An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. The full text of this provision is available electronically at: https://www.acquisition.gov/far/current/html/52_212_213.html.

OFFEROR REPRESENTATIONS AND CERTIFICATIONS REQUIRED BY DFARS

DFARS 252.212-7000 Offeror Representations and Certifications – Commercial Items (JUN 2005) is incorporated by reference. As this solicitation is for the direct purchase of ocean transportation services none of the paragraphs require completion. The full text of this provision is available electronically at:

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252212.htm.

252.209-7997 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law-DoD Appropriations.

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-DoD

APPROPRIATIONS (DEVIATION 2013-O0006) (DATE)

(a) In accordance with section 101(a) (3) of the Continuing Appropriations Resolution, 2013

(Pub. L. 112-175) none of the funds made available by that Act for general appropriations for DoD may be used to enter into a contract with any corporation that –

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of Provision)

DELIVERY AND REDELIVERY

The place and time of initial delivery and redelivery shall be as stated in the following box:

Delivery/Redelivery Port

Delivery Date Canceling

Date

Notice of Redelivery

San Diego, CA 13 March 2013 13 March 2013 1 day

DELIVERY

The Vessel(s) and all Associated Equipment shall be delivered in the condition described below to the Charterer at a port or place indicated above not later than 0800 hours local time (place of delivery) on the canceling date stated.

The Contractor shall give written notice of readiness during office hours to the Contracting Officer’s Representative (COR) at the port or place of delivery on a working day (Saturdays, Sundays, or other recognized weekly days of rest, U.S. Government holidays, and holidays observed at the delivery port, whether national or local, shall not be considered working days). Government inspection of the Vessel, by the COR/Assistant COR (ACOR), shall be completed within a reasonable amount of time thereafter, not exceeding twenty-four (24) hours after proper tender of the notice of readiness, (Saturdays, Sundays, or other recognized weekly days of rest, U.S. Government holidays, and holidays observed at the delivery port, whether national or local, excepted in the computation of said twenty-four hour period). Hire shall commence upon acceptance of the Vessel(s) by the Charterer but not before the commencing date stated in the solicitation, unless approved in writing in advance by the Contracting Officer.

Charterer shall have the liberty to cancel this Charter at no cost to the Government should the Vessel(s) or Associated Equipment not be ready in accordance with the provisions hereof by the canceling date. Said cancellation is to be declared not later than twenty-four (24) hours after 0800 hours local time (place of delivery) on the stated canceling date. Nothing in this paragraph shall limit any remedy of the Government otherwise available at Law, in Equity or under this Charter Party contract.

Condition. The Vessel and all Associated Equipment shall be seaworthy, properly and efficiently manned and trained, equipped, supplied, and in every way suitable and adequately fitted for and in all respects ready for the service contemplated under this Charter Party. Any Associated Equipment shall upon delivery be as described in this Charter Party and all equipment shall be operable. The Owner shall exercise due diligence to maintain the Vessel and Associated Equipment in such state during the period of the Charter Party.

REDELIVERY

Unless lost, the Vessel shall be redelivered at a port or place stated in the contract. Charterer shall notify Contractor of the place and date of redelivery no later than the time shown in the above in the Notices of Redelivery.

NOTES ON CONTRACT

REQUEST FOR PROPOSALS

This is a Request for Proposals to provide the services of one US flag vessel to support a Test and Evaluation Event (T&E) for the Navy. The vessel shall support a team of ten personnel during a six day window. The vessel must have sufficient space to accommodate and allow ready access to a Liquid Robotics Wave Glider and supporting equipment. The charter is to begin on 13 March 2013 and end 18 March 2013.

INVOICE INSTRUCTIONS: See clause 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) incorporated by reference via clause 252.212-7001 and the Section WAWF Instructions below.

CLINs in Blocks 19-24: CLINs may be added to designate amounts funded for specific purposes, e.g., Government personnel or authorized physical security expenses, and, if used, restrict the funding amount available for each respective purpose. See Reimbursable Expenses for details.

The SCHEDULE of Supplies and Services follows as the CLINS and the Performance Work Statement.

PERFORMANCE WORK STATEMENT

1. SCOPE OF WORK: The chartered vessel shall provide support for the Deep Seaweb (DSW), a Joint

Capability Technology Demonstration (JCTD) focused on delivering a network of undersea acoustic sensors and gateways that will provide around-the-clock "tripwire" surveillance to monitor known or suspected threats, in conducting engineering field trials.

2. AREA OF OPERATIONS: 100 nautical miles of San Diego, California in an approved Southern

California Fleet Operating Area.

3. CONTRACT TYPE: Firm-Fixed-Price contract with no reimbursables. Contractor will include fuel, port charges, meals, and berthing in the daily charter hire.

4. PERIOD OF PERFORMANCE: 13 March 2013 - 18 March 2013. The vessel and crew must be available on 13 March 2013 at 0800 PST, for mobilization of government test equipment. The vessel will be underway 14 March - 17 March 2013. The vessel and crew must be available on 18 March 2013 for demobilization of government test equipment.

5. DELIVERY: San Diego, CA, 13 March 2013

6. REDELIVERY: San Diego, CA, 18 March 2013

7. LAYDAYS: 13 March 2013

8. VESSEL CHARACTERISTICS: The vessel shall have the minimum following characteristics:

VESSEL CHARACTERISTICS

CHARACTERISTIC MINIMUM

FLAG USA

CLASSIFICATION

USCG CERTIFICATED AND/OR CLASSED BY AN IACS

CLASSIFICATION SOCIETY

NAVIGATION EQUIPMENT

Minimum required by USCG regulation, for safe navigation and for observation of the OPAREA. In addition an electronic navigation system that displays nautical charts, records ship tracks and will accept planned routes and waypoints.

DECK EQUIPMENT Crane, davit or A-Frame capable of deploying up to 750 lbs

TRANSIT SPEED 6 KTS

RANGE 100 NM

LENGTH OVERALL AND BEAM N/A – Capable of operating in up to Sea State 4

DRAFT N/A

VESSEL ENDURANCE 4 DAYS

CREW REQUIREMENTS

ALL CREW MUST BE U.S. CITIZENS

All crew must be experienced at launch and recovery of wave gliders.

All crew must be experienced at the installation and retrieval of subsea moorings.

All crew must be capable of on-loading and off-loading wave gliders.

The crew will be required to attend planning meetings/fit checks on 13 March.

MESSING AND BERTHING

BERTHING AND MESSING FOR 10 SPONSOR

PERSONNEL

VESSEL DECK SPACE

The vessel must provide a minimum 300-sqft of back deck area for stowing, launching and recovering subsea moorings and a

Liquid Robotics Wave Glider.

INTERIOR WORK SPACE

A dry compartment with seating for 10 persons, to include work benches, tables, and 120 VAC power to support 10 laptop computers.

9. DELIVERABLES: The vessel must provide a CD that contains a digital navigation record of the ship’s track for the duration of the underway period. The vessel must provide a copy of the vessels logs for the underway period.

RATE TABLE

CONTRACT PRICING FOR CHARTER

(To be filled in by the Government)

Vessel

Charter Hire

6 days (4 days underway) Total

13 - 18 March 2013 Charter (Per Day) $ $ Mobilization $ Demobilization $ Total $

The rates to be paid under this Charter Party contract, as offered and accepted at the time of award, are provided in the above Rate Table, which shall be filled in by the Government at the time of award.

WAGE DETERMINATION

Wage Determination (2010-0205 R4) is incorporated into this contract and is available upon request, at www.msc.navy.mil click on Contracts/Library of Common Documents, or at:

https://www.procurement.msc.navy.mil/procurement/contract/CommonDocumentManager.jsp?page=2

RATE STRUCTURE:

DAILY HIRE

Except as otherwise provided herein, the daily hire rate shall be considered payment in full for all services of the Vessel and Associated Equipment and all other requirements under this Charter Party contract, including, but not limited to penalty time, bonuses, payments, and emoluments payable to Master, Officers and crew for services under this Charter, irrespective of the geographic scope of said service and the nominal carriage of ammunition and hazardous cargoes. The Daily Hire rate shall also be considered payment in full for all overtime, port charges and fuel expenses.

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will evaluate offers on a Lowest Price, Technically Acceptable (LPTA) basis in accordance with FAR 15.101-2. The technical factor will be evaluated on an acceptable/unacceptable basis. Technical tradeoffs will not be made and no additional credit will be given for exceeding the minimum requirements of the solicitation. Award will be made to the offeror with the lowest evaluated price proposal whose offer conforms fully to the solicitation requirements and meets the acceptability standards for all non-price factors. In order to be considered awardable, an offer must receive an acceptable rating in every non-price factor/subfactor.

(b) The Government intends to award without discussions. Pursuant to FAR 52.215-1(f)(4), however, the Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

(c) In selecting the lowest-priced, technically acceptable offer, the following factors will be considered:

Technical Price

(d) Technical. The Government will review the offeror’s submission package, the proposed vessel and the vessel characteristics to ensure that the capability of the proposed vessel meets the government’s needs as described in the RFP requirements and that the Offeror has demonstrated it can meet the requirements of the Performance Work Statement.

Evaluation will consider if the offer meets the minimum requirements stated in the solicitation. Any offer that does not meet the minimum requirements shall be evaluated as Unacceptable.

(e) Price. The offeror’s price proposal will be evaluated based on the value of the charter hire rates offered for the entire period of performance, mobilization and demobilization costs and any other costs set forth in the offer.

For evaluation purposes the period of performance will consist of six days. This will represent the overall cost to the government.

(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 provision)

(End of Summary of Changes)