14RGP69_0001.pdf

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N0016414RGP69
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SOLICITATION AMENDMENT 0001

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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:

1. Fix a grammatical error in CLIN 0002 description.

2. Fill in Clause 5252.216-9110 to include the activity authorized to issue orders.

3. Delete duplicate clause 5252.249-9106.

4. Delete duplicate clause 52.209-9.

5. Fix grammatical/typo errors in CNIN-L-0002.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

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

16C. DATE SIGNED

BY 02-Jul-2014

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 N00164-14-R-GP69

X 9B. DATED (SEE ITEM 11)

27-Jun-2014

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

02-Jul-2014

CODE

NAVAL SURFACE WARFARE CENTER CRANE DIV

A. GRAVES (812-854-8539)

BLDG 121

300 HIGHWAY 361

CRANE IN 47522-5001

N00164 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N00164-14-R-GP69

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0002

The CLIN extended description has changed from CLIN 0001 in accordance with the Statement of Work (SOW) Paragraph 5.0, CDRLs A001, A002, A003, A004, A005, A006, A007, and A008 provided in Section J, and applicable DID(s). The Government shall have unlimited rights to all Data/Tech Data generated under this effort IAW DFARS 252.227-7013. The costs are all data/tech data generated by the contractor directly or indirectly in its performance of this procurement effort is included in the price paid by the Government under CLIN 0001. to CLIN 0001 in accordance with the Statement of Work (SOW) Paragraph 5.0, CDRLs A001, A002, A003, A004, A005, A006, A007, and A008 provided in Section J, and applicable DID(s). The Government shall have unlimited rights to all Data/Tech Data generated under this effort IAW DFARS 252.227-7013. The costs for all data/tech data generated by the contractor directly or indirectly in its performance of this procurement effort is included in the price paid by the Government under CLIN 0001..

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

NAVSEA 5252.216-9110 ORDERS (FIXED-PRICE) (JAN 2008)

(a) General. Orders for supplies or services specified in Section B of the Schedule may be issued by the Contracting Officer at any time during the effective period of this agreement. Except as otherwise provided in paragraph (e) below, the Contractor agrees to accept and perform orders issued by the Contracting Officer within the scope of this agreement.

It is understood and agreed that the Government has no obligation under the terms of this agreement to issue any orders.

Except as otherwise provided in any order, the Contractor shall furnish all materials and services necessary to accomplish the work specified in each order issued hereunder; provided, however, that this agreement shall not be used for the furnishing of supplies or services which are covered by any "guaranty" or "warranty" clause(s) of the contract(s) under which the supplies were manufactured. In the event of any inconsistency between any order and this agreement, this agreement shall control. All requirements of this agreement shall be applicable to all orders issued hereunder.

Wherever the word "contract" appears in this agreement, it shall be deemed to include within its meaning the word "order", and each order shall be considered a separate binding contract as of its effective date. The Contractor shall segregate the costs incurred in the performance of any order issued hereunder from the costs of all other orders issued under this agreement.

(b) Ordering. Orders and revisions thereto shall be made in writing and be signed by any authorized Contracting Officer cited in paragraph (i). Each order shall:

(1) set forth detailed specifications or requirements for the supplies or services being ordered, (or reference applicable specifications or requirements in Section C of this agreement), and, shall refer to the appropriate item under Section B of this agreement;

(2) set forth quantities being ordered;

(3) set forth preservation, packaging and packing instructions, if any;

(4) set forth delivery or performance dates;

(5) designate the place(s) where inspection and acceptance will be made by the Government;

(6) set forth either the firm contract price or, in the case of an undefinitized order, the definitization schedule and both the monetary limitation on Government liability for the undefinitized order and the maximum ceiling amount at which the order may be definitized;

(7) set forth appropriation and accounting data for the work being ordered;

(8) set forth any discount offered for prompt payment;

(9) be dated;

(10) be identified by number in accordance with DFARS 204.7004;

(11) set forth the property, if any, to be furnished by the Government and the date(s) such property is to be delivered to the Contractor;

(12) set forth the disbursing office where payment is to be made and other applicable contract administration data;

(13) cite the applicable circumstance or exception and the justification control number. Orders for items not identified in the class justification, or an individual justification, and the basic ordering agreement are unauthorized;

(14) be issued on an SF 26 or a DD Form 1155; and

(15) set forth any other pertinent information.

(c) Firm Priced Orders. Except as otherwise provided in paragraph (d) below, the Contractor shall not begin any work on an order until a firm priced order is issued by the Contracting Officer. Upon receipt of a proposed order, the Contractor shall promptly submit to the Contracting Officer a price proposal for the work specified in the order. The Contractor agrees that it will submit such cost or pricing data as the Contracting Officer may require. Promptly after receipt of the Contractor's proposal and supporting cost or pricing data, if required, the Contractor and the Contracting Officer shall negotiate and agree upon a price and delivery schedule for the work being ordered. The price and delivery schedule, as agreed upon, shall be set forth in the priced order and the order shall be signed by both the Contracting Officer and the Contractor. Upon receipt of the priced order, the Contractor shall promptly commence work and shall diligently complete it.

(d) Undefinitized Orders. Whenever the Contracting Officer determines that urgent demands or requirements prevent the issuance of a firm priced order, the Contracting Officer may issue an unpriced order. Such order may be unilateral or bilateral and shall establish a limitation on Government liability, a maximum ceiling amount and a schedule for definitization, as described in subparagraph (f)(2) below. Upon request, the Contractor shall submit a maximum ceiling amount proposal before the undefinitized order is issued. The maximum ceiling amount is the maximum price at which the order may be definitized. Except as provided in paragraph (e) below, the Contractor shall commence performance of the order upon receipt. The clause entitled "CONTRACT DEFINITIZATION" (DFARS 252.217-7027) shall be included in any undefinitized order.

(e) Rejection of Unilateral Orders. The Contractor may reject any unilateral order if the Contractor determines it cannot feasibly perform the order, or if it does not concur with the maximum ceiling amount. However, each unilateral order shall be deemed to have been accepted by the Contractor unless within fifteen (15) days of issuance of the order the Contractor notifies the Contracting Officer in writing of its rejection of the order.

(f) Definitization of Undefinitized Orders. (l) The Contractor agrees that following the issuance of an undefinitized order, it will promptly begin negotiating with the Contracting Officer the price and terms of a definitive order that will include: (A) all clauses required by regulation on the date of the order; (B) all clauses required by law on the date of execution of the definitive order; and, (C) other mutually agreeable clauses, terms and/or conditions. No later than sixty

(60) days after the undefinitized order is issued, the Contractor shall submit a cost proposal with sufficient data to support the accuracy and derivation of its price; and, when required by FAR or the Contracting Officer, cost or pricing data. If additional cost information is available prior to the conclusion of negotiations, the Contractor shall provide that information to the Contracting Officer. The price agreed upon shall be set forth in a bilateral modification to the order.

In no event shall the price exceed the maximum ceiling amount specified in the undefinitized order.

(2) Each undefinitized order shall contain a schedule for definitization which shall include a target date for definitization and dates for submission of a qualifying proposal, beginning of negotiations and, if appropriate, submission of make-or-buy and subcontracting plans and cost or pricing data. Submission of a qualifying proposal in accordance with the definitization schedule is a material element of the order. The schedule shall provide for definitization of the order by the earlier of:

(i) specified target date which is not more than 180 days after the issuance of the undefinitized order. However, that target date may be extended by the Contracting Officer for up to l80 days after the Contractor submits a qualifying proposal as defined in DFARS 2l7.740l; or

(ii) the date on which the amount of funds obligated by the Government under the undefinitized order exceeds fifty percent (50%) of the order's maximum ceiling amount.

(3) If agreement on a definitive order is not reached within the time provided pursuant to subparagraph (f)(2) above, the Contracting Officer may, with the approval of the Head of the Contracting Activity, determine a reasonable price in accordance with Subpart l5.4 and Part 3l of the FAR, and issue a unilateral order subject to Contractor appeal as provided in the "DISPUTES" clause (FAR 52.233-1). In any event, the Contractor shall proceed with completion of the order, subject to the "LIMITATION OF GOVERNMENT LIABILITY" clause (FAR 52.216-24).

(g) Limitation of Government Liability. (l) Each undefinitized order shall set forth the limitation of Government liability, which shall be the maximum amount that the Government will be obligated to pay the Contractor for performance of the order until the order is definitized. The Contractor is not authorized to make expenditures or incur obligations exceeding the limitation of Government liability set forth in the order. If such expenditures are made, or if such obligations are incurred, those expenditures and obligations will be at the Contractor's sole risk and expense.

Further, the limitation of liability shall be the maximum Government liability if the order is terminated. The clause at FAR 52.216-24 shall be included in any undefinitized order.

(2) Except for undefinitized orders for Foreign Military Sales; purchases of less than $25,000; special access programs; and Congressionally-mandated long lead procurements; and except as otherwise provided in subparagraph (g)(3) below, the limitation of Government liability shall not exceed fifty percent (50%) of the maximum ceiling amount of an undefinitized order. In the case of orders within these excepted categories, however, the procedures set forth herein shall be followed to the maximum extent practical.

(3) If the Contractor submits a qualifying proposal, as defined in DFARS 217.7401, to definitize an order before the Government obligated fifty percent (50%) of the maximum ceiling amount, the Contracting Officer may increase the limitation of Government liability up to no more than seventy-five percent (75%) of the maximum ceiling amount or up to seventy-five percent (75%) of the price proposed by the Contractor, whichever is less.

(4) If at any time the Contractor believes that its expenditures under an order will exceed the limitation of Government liability, the Contractor shall so notify the Contracting Officer, in writing, and propose an appropriate increase in the limitation of Government liability of such order. Within thirty (30) days of such notice, the Contracting Officer will either (i) notify the Contractor in writing of such appropriate increase, or (ii) instruct the Contractor how and to what extent the work shall be continued; provided, however, that in no event shall the Contractor be obligated to proceed with work on an undefinitized order beyond the point where its costs incurred plus a reasonable profit exceed the limitation of Government liability, and provided also that in no event shall the Government be obligated to pay the Contractor any amount in excess of the limitation of Government liability specified in any such order prior to definitization.

(h) Initial Spares. The limitations set forth in paragraph (d) and subparagraphs (f)(2), (g)(2) and (g)(3), do not apply to undefinitized orders for the purchase of initial spares.

(i) Ordering Activities. The following activities are authorized to issue orders hereunder:

The Naval Sea Systems Command, Naval Surface Warfare Center (NSWC) Crane Division

Federal Procurement Data System – Next Generation (FPDS-NG) Contract Action Reports (CARs) have replaced DD350s. The procuring and administrative contracting officers are responsible for the submission and accuracy of CARs. CARs are not required to be submitted to NAVSEA.

(j) Funds in the following amount are committed under this Basic Ordering Agreement for use by the Ordering Activity in obligating funds to pay for orders placed hereunder:

Item Funds N/A N/A

(End text)

The following have been deleted:

5252.249-9106 MODIFICATION AND TERMINATION (BOA) (SEP 1990) OCT 2003

SECTION I - CONTRACT CLAUSES

The following have been deleted:

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

CNIN-L-0002 PROPOSAL REQUIREMENTS – BEST VALUE (JAN 2014)

PROPOSAL REQUIREMENTS

The contractor’s proposal shall include the following in separate volumes:

VOLUME I: Cost/Price Proposal- The offeror shall submit one (1) hard copy and one (1) electronic copy* of the Cost/Price Proposal addressing Job Order 0001. This includes a completed solicitation.

VOLUME II: Technical Proposal- The offeror shall submit four (4) hard copies and one (1) electronic copy* of the Technical Proposal. The Technical Proposal shall encompass Factor I Dimensions and Handling Requirements, Factor II, Technical, and Factor III Past Performance.

*Electronic copies may be submitted on one CD-ROM/DVDs, read-only memory. Microsoft Office, Word, presentation and spreadsheet products are preferred. The CD-ROM must be clearly marked with the Offeror’s Name, Content on the CD-ROM, Solicitation Number, and Date of Submission.

I. General Information:

a) Offerors shall submit a list of names and telephone numbers of persons authorized to conduct negotiations.

b) Proposals shall not contain classified information.

c) Delivery& Submission Method

1) Mailed or Commercial Delivery of Proposals. Mailed or commercially delivered hard or soft copy proposals shall be sent to the address in Block 7 of SF33, Page 1 of the Solicitation and are due by the date and time in Block 9 on Page 1 of the solicitation.

2) A soft copy (electronic copy) of Volume I and Volume II of the proposal must also be provided on

CD-ROMs/DVDs, read-only memory as described above. Microsoft Office, word, presentation and spreadsheet products are preferred. Changes, as a result of negotiations, will be conformed on CD- ROMs/DVDs and have changed information clearly marked by a vertical line in the left margin.

3) NSWC Crane will NOT accept facsimile proposals or proposals submitted via NECO.

d) Proposal Format. Format of the proposal volumes shall be as follows:

1) Text size shall be no smaller than what is equivalent to Microsoft Word, Times New Roman, 10 point, uncompressed font.

2) Pages shall be single sided, one and one half spaced, with a minimum of one inch margins on all sides.

Pages shall be dated and numbered sequentially by volume. A cover sheet should be bound in each book, clearly marked as to volume number, title, “original” or copy number, solicitation identification, and the offeror's name.

3) Each volume shall contain a glossary of all abbreviations and acronyms used with an explanation for each.

4) Elaborate format, color representations, and bindings are not desirable. Three-ring binders are preferred. The pages in the binders shall be easily removed and replaced to facilitate page changes.

Any pages that are changed (as the result of negotiations) should be of a different color (as specified by the Contracting Officer) and have changed information clearly marked by a vertical line in the right margin of the page and/or circling if changing data in a chart. The offeror shall indicate the new date on revised pages.

5) Legible tables, charts, graphs and figures shall be used when necessary to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be uncomplicated, legible, and shall not exceed 11 by 17 inches in size. Foldout pages shall fold entirely within the volume and count as one page. Foldout pages may only be used for large tables, charts, graphs, diagrams, and schematics; not for pages of text. For tables, charts, graphs, and figures, the text shall be no smaller than 8 point, Times New Roman.

II. Technical Proposals

a) The Technical Proposal shall be submitted as Volume II, and shall be no more than 30 pages; plus an executive summary of no more than one (1) page.

b) The technical proposal shall not contain any pricing information.

c) The electronic and hard copies of the Technical Proposal shall address the factors and subfactors described in the solicitation in such detail to allow the Government to evaluate the proposal. This shall include:

Resumes of personnel with potential to support required requirements List of relevant certifications held by personnel Sample documentation for at least 2, no more than 5, similar solutions previously completed Solution approach for sample task order Written SOW compliance review

d) Each technical proposal shall enable Government evaluating personnel to make a thorough evaluation and arrive at a sound determination as to whether or not the proposal will meet the requirements of the government. Each technical proposal shall be specific, detailed, and complete as to clearly and fully demonstrate that the prospective contractor has a thorough knowledge and understanding of the requirements and has valid and practical solutions to technical problems. Statements that paraphrase the specifications/Statement of Work or attest that "standard procedures will be employed” are inadequate to demonstrate how the proposal complies with the requirements of the specification/Statement of Work.

III. Past Performance

a) The Past Performance portion of the proposal shall be submitted as a part of Volume II, and shall be no more than a maximum of five (5) pages for the narrative summary and 1 page for the matrix.

b) The offeror shall provide a minimum of three (3) and a maximum of five (5) past performance references.

The offeror shall contact past performance references directly and request that they complete and submit the Contractor Performance Questionnaire (Exhibit D hereto) to the address in Block 7 of SF33, Page 1 of the Solicitation or to amber.graves1@navy.mil in accordance with the timeline set in Block 9 of SF33, Page 1 of the Solicitation. The completed questionnaires shall be sent directly from the POC to the contract specialist, Amber Graves. Under no circumstances shall the questionnaires be returned to the offerors. Any information provided by the offeror’s references is subject to verification/validation by the Government during the evaluation process. In the event references are not received by the close of the solicitation, the Government may make contact and follow up with the listed references identified on the Contractor Past Performance Data matrix.

c) Offeror shall provide a one (1) page matrix identifying the following information for each of the Past Performance Questionnaires sent out:

1) Organization/Customer

2) Brief Description

3) Contract Number

4) Telephone & E-mail of Organization/Customer Point of Contact (POC)

The offeror’s matrix shall contain a minimum of three (3) and a maximum of five (5) references to contracts that are recent and relevant to this requirement. Proposals must prove PPQs have been sent to each POC; Failure to send the PPQ to each POC will be considered a proposal deficiency and may result in exclusion of the offeror’s proposal from consideration for award. The offeror shall exert its best efforts to ensure that at least two POCs per relevant contract submit a completed Present/Past Performance Questionnaire directly to the Government.

d) Up to five (5) one page summaries of each contract reference identified in the past performance summary matrix may be submitted. Offerors should include a discussion of any significant achievements and explain any Past Performance problems that it considers relevant to the proposed efforts. Offerors should also discuss past and present efforts to identify and manage program risk.

e) For the purposes of this solicitation, current contracts are defined as those on which performance occurred during the last three (3) years. In determining relevancy, the offeror should consider the type and value of the contract, and the type of requirement compared to this solicited requirement. The offeror should also consider the level or amount of effort. Only past performance dealing with machining items with dimensions listed under factor I will be considered relevant. The offeror must detail (if using the “related technology” as a reference) how the “related technology” is applicable to the solicited effort. Should the offeror not explain how the related technology is applicable, the reference may not be considered relevant.

If an offeror has no current or relevant past performance information, they should so state that in this volume.

f) Each offeror shall submit present and past performance information for itself on projects of similar size, scope, and technical complexity. The Offerors may choose to submit present and past performance information for major proposed subcontractors, team members, and/or joint venture partners that have experience in projects of similar size, scope, and technical complexity with its proposal. The total number of past performance references for each offeror shall not exceed five (including any references submitted by subcontractors, team members and/or joint ventures). This volume shall provide a list of current and relevant contracts on which the offeror has performed in the format requested in the Proposal Requirements portion of this document. This information, as well as other information the Government may obtain elsewhere via Government databases (CPARs, PPIRs etc.) and other government agencies (DCMA, DCAA etc.), will be used to evaluate the offeror's past performance. The Government reserves the right to solicit feedback beyond what is identified in the questionnaire. NO CLASSIFIED PAST PERFORMANCE SUPPLEMENTS WILL BE ACCEPTED. The offeror may submit performance on classified programs as long as that information can be verified. If the offeror intends to submit in this manner the information that is classified (customer, contract number, etc.) should be marked “reserved” and the description/write up of the work performed shall remain unclassified. If the offeror cannot describe what work was accomplished in an unclassified manner they cannot submit that program for evaluation. Offerors are notified that the Government will use the data provided in this volume that is determined to be current and relevant to the effort at hand and data obtained from other sources in the development of performance risk assessments.

IV. Cost/Price Proposals

a) The Cost/Price Proposal shall address Job Order 0001 requirements.

b) The Cost/Price Proposal shall contain a completed and signed Solicitation package.

b) All representations and certifications in Section K must be executed.

c) No page limitation

V. Warranty Terms and Conditions:

a) The Warranty Terms and Conditions portion of the proposal shall be submitted as a part of Volume II.

Reference Clause CNIN-I-0001 as contained in section I.

VI. Responsibility Checklist:

a) The Responsibility Checklist (Attachment 11) shall be completed and submitted as a part of the Cost/Price Proposal.

EXCEPTIONS

Offerors are not encouraged to take exceptions to this solicitation, however, any exceptions taken to the specifications, statement of work, performance work statement or terms and conditions of this solicitation shall be explained in detail and set forth in a cover letter as well as in the cost proposal. Offerors are to detail the particular section, clause paragraph and page to which they are taking exception.

(End of Summary of Changes)

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