N00189-07-R-00220004RELEASED14MAY2007.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

I. The following Amendment is hereby issued to administer the changes described herein:

1. The ‘DRAFT’ solicitation N00189-07-R-0022 is hereby considered ‘OFFICIAL’ and offorers are encouraged to submit offers that conform to the terms and conditions set forth herein. The required response date/time has changed from 31-May-2007 12:00 PM to 14-Jun-2007 04:00 PM.

2. A pre-proposal conference is officially scheduled for Tuesday, 5/22/07 beginning at 1300 and ending promptly at 1700 at the Naval Station, Norfolk, VA. Please contact darva.gruber@navy.mil no later than 5/18/07 with the names of the individuals scheduled to participate and to obtain access to Naval Station Norfolk. Oral presentations are officially scheduled for the weeks of 6/18/07 and 6/25/07 in Norfolk, VA. Presentations shall be scheduled randomly by the Contracting Officer.

3. Attachements 2,5, and 13 have been changed. Updated downloads available on www.fbo.com

4. Attachments 15 (MAPS) and 16 (Sample Task/LOGREQ) have been added to the solicitation.

5. Contract Line Item (CLIN) format has changed as follows:

CLIN 1001

The CLIN type priced has been deleted.

The CLIN extended description has changed from SCOPE: HSP CONTRACT FOR NORTH & SOUTH AMERICA. EXCLUDES THE UNITED STATES, PUERTO RICO, AND THE U.S. VIRGIN ISLES. BASE YEAR to SCOPE: HSP CONTRACT FOR CANADA, CARIBBEAN, CENTRAL AMERICA, MEXICO AND SOUTH AMERICA (3CMS). EXCLUDES THE UNITED STATES, PUERTO RICO, AND THE U.S. VIRGIN ISLES. BASE YEAR.

CLIN 2001

The CLIN type priced has been deleted.

The CLIN extended description has changed from SCOPE: HSP CONTRACT FOR NORTH & SOUTH AMERICA. EXCLUDES THE UNITED STATES, PUERTO RICO, AND THE U.S. VIRGIN ISLES. OPTION YEAR ONE to SCOPE: HSP CONTRACT FOR NORTH & SOUTH AMERICA. EXCLUDES THE UNITED STATES, PUERTO RICO, AND THE U.S. VIRGIN ISLES. LOT II, FIRST OPTION YEAR.

CLIN 3001

The CLIN type priced has been deleted.

The CLIN extended description has changed from SCOPE: HSP CONTRACT FOR NORTH & SOUTH AMERICA. EXCLUDES THE UNITED STATES, PUERTO RICO, AND THE U.S. VIRGIN ISLES. OPTION YEAR TWO to SCOPE: HSP CONTRACT FOR NORTH & SOUTH AMERICA. EXCLUDES THE UNITED STATES, PUERTO RICO, AND THE U.S. VIRGIN ISLES. LOT III SECOND OPTION YEAR.

CLIN 4001

The CLIN type priced has been deleted.

The CLIN extended description has changed from SCOPE: HSP CONTRACT FOR NORTH & SOUTH AMERICA. EXCLUDES THE UNITED STATES, PUERTO RICO, AND THE U.S. VIRGIN ISLES. OPTION YEAR THREE to SCOPE: HSP CONTRACT FOR NORTH & SOUTH AMERICA. EXCLUDES THE UNITED STATES, PUERTO RICO, AND THE U.S. VIRGIN ISLES. LOT IV - THIRD OPTION YEAR.

CLIN 5001

The CLIN type priced has been deleted.

The CLIN extended description has changed from SCOPE: HSP CONTRACT FOR NORTH & SOUTH AMERICA. EXCLUDES THE UNITED STATES, PUERTO RICO, AND THE U.S. VIRGIN ISLES. OPTION YEAR FOUR to SCOPE: HSP CONTRACT FOR NORTH & SOUTH AMERICA. EXCLUDES THE UNITED STATES, PUERTO RICO, AND THE U.S. VIRGIN ISLES. LOT V - FOURTH OPTION YEAR.

SUBCLIN 1001AA is added as follows:

1001AA

HUSBANDING SVC PROVIDER (HSP) FOR C3MS

FFP

Charter and Hire (Fund Code _k) BASE YEAR

FOB: Destination

ESTIMATED

NET AMT

SUBCLIN 1001AB is added as follows:

1001AB

HUSBANDING SVC PROVIDE (HSP) FOR C3MS

Ship's Utilities (Fund Code _W) BASE YEAR

ESTIMATED

SUBCLIN 1001AC is added as follows:

1001AC

HUSBANDING SVC PROVIDER (HSP) FOR C3MS

Anti Terrorism/Force Protection (Fund Code _L) BASE YEAR

ESTIMATED

SUBCLIN 1001AD is added as follows:

1001AD

HUSBANDING SVC PROVIDER (HSP) FOR C3MS

Ship's Optar BASE YEAR

ESTIMATED

SUBCLIN 1001AE is added as follows:

1001AE

HUSBANDING SVC PROVIDER (HSP) FOR C3MS

OTHER - Provisions, Fuel (MGO/F76), FFV, Other Misc Charges BASE YEAR

ESTIMATED

SUBCLIN 2001AA is added as follows:

2001AA

FFP

Charter and Hire (Fund Code _k) LOT II, FIRST OPTION YEAR

ESTIMATED

SUBCLIN 2001AB is added as follows:

2001AB

FFP

Ship's Utilities (Fund Code _W) LOT II, FIRST OPTION YEAR

ESTIMATED

SUBCLIN 2001AC is added as follows:

2001AC

FFP

Anti Terrorism/Force Protection (Fund Code _L) LOT II , FIRST OPTION YEAR

ESTIMATED

SUBCLIN 2001AD is added as follows:

2001AD

FFP

Ship's Optar LOT II, FIRST OPTION YEAR

ESTIMATED

SUBCLIN 2001AE is added as follows:

2001AE

FFP

OTHER - Provisions, Fuel (MGO/F76), FFV, Other Misc Charges LOT II, FIRST OPTION YEAR

NET AMT

SUBCLIN 3001AA is added as follows:

3001AA

FFP

Charter and Hire (Fund Code _k) LOT III, SECOND OPTION YEAR

NET AMT

SUBCLIN 3001AB is added as follows:

3001AB

FFP

Ship's Utilities (Fund Code _W) LOT III, SECOND OPTION YEAR

NET AMT

SUBCLIN 3001AC is added as follows:

3001AC

FFP

Anti Terrorism/Force Protection (Fund Code _L) LOT III SECOND OPTION YEAR

NET AMT

SUBCLIN 3001AD is added as follows:

3001AD

FFP

Ship's Optar LOT III, SECOND OPTION YEAR

NET AMT

SUBCLIN 3001AE is added as follows:

3001AE

FFP

OTHER - Provisions, Fuel (MGO/F76), FFV, Other Misc Charges LOT III, SECOND OPTION YEAR

NET AMT

SUBCLIN 4001AA is added as follows:

4001AA

FFP

Charter and Hire (Fund Code _k) LOT IV - THIRD OPTION YEAR

NET AMT

SUBCLIN 4001AB is added as follows:

4001AB

FFP

Ship's Utilities (Fund Code _W) LOT IV - THIRD OPTION YEAR

NET AMT

SUBCLIN 4001AC is added as follows:

4001AC

FFP

Anti Terrorism/Force Protection (Fund Code _L) LOT IV - THIRD OPTION YEAR

NET AMT

SUBCLIN 4001AD is added as follows:

4001AD

FFP

Ship's Optar LOT IV - THIRD OPTION YEAR

NET AMT

SUBCLIN 4001AE is added as follows:

4001AE

FFP

OTHER - Provisions, Fuel (MGO/F76), FFV, Other Misc Charges LOT IV - THIRD OPTION YEAR

NET AMT

SUBCLIN 5001AA is added as follows:

5001AA

FFP

Charter and Hire (Fund Code _k) LOT V - FOURTH OPTION YEAR

ESTIMATED

SUBCLIN 5001AB is added as follows:

5001AB

FFP

Ship's Utilities (Fund Code _W) LOT V - FOURTH OPTION YEAR

ESTIMATED

SUBCLIN 5001AC is added as follows:

5001AC

FFP

Anti Terrorism/Force Protection (Fund Code _L) LOTVV - FOURTH OPTION YEAR

ESTIMATED

SUBCLIN 5001AD is added as follows:

5001AD

FFP

Ship's Optar LOT IV - THIRD OPTION YEAR

ESTIMATED

SUBCLIN 5001AE is added as follows:

5001AE

FFP

OTHER - Provisions, Fuel (MGO/F76), FFV, Other Misc Charges LOT IV - THIRD OPTION YEAR

ESTIMATED

6. The DELIVERIES AND PERFORMANCE information has changed as follows:

The following Delivery Schedule item has been added to SUBCLIN 1001AA – 1001AE:

POP 01-AUG-2007 TO

31-JUL-2008

The following Delivery Schedule item has been added to SUBCLIN 2001AA – 2001AE:

POP 01-AUG-2008 TO

31-JUL-2009

The following Delivery Schedule item has been added to SUBCLIN 3001AA – 3001AE:

POP 01-AUG-2009 TO

31-JUL-2010

The following Delivery Schedule item has been added to SUBCLIN 4001AA – 4001AE:

POP 01-AUG-2010 TO

31-JUL-2011

The following Delivery Schedule item has been added to SUBCLIN 5001AA 5001AE:

POP 01-AUG-2011 TO

31-JUL-2012

II. The following terms and conditions have been changed/modifified as follows:

INTRODUCTION

I. GENERAL

1. SCOPE

(a) This requirements contract is for the performance of husbanding services for United States Navy (USN) Vessels. Optional users authorized to use this contract are other United States Navy Commands, United States Marine Corps (USMC), Military Sealift Command (MSC), and the United States Coast Guard (USCG). The pricing contained in this contract is also authorized for use by foreign vessels visiting these ports on official invitation by the United States Government. This contract is for a Husbanding Service Provider (HSP) and not a husbanding agency. The contractor awarded the contract will be a U.S. Navy contractor, not an agent of the U.S. Navy.

(i) Additionally, the husbanding Contractor may be called upon to provide services and supplies in support of Operations Other Than War (OOTW) such as humanitarian missions, exercises, disaster relief operations, and other crisis response situations within the geographic scope of this contract and outlined herein.

(ii) The geographic scope and region covered by this contract includes ALL ports located in Canada, the Caribbean (including Bermuda and the Bahama Islands), Central America, Mexico, and South America (C3MS). Example countries and ports are:

Region

Ports/Country Canada

Halifax

Caribbean

Willemstad, Curacao

Central America

Colon, Panama

Mexico

Acaculpo

South America

Manta, Ecuador

(b) The Contractor shall provide the highest level of commitment to customer satisfaction including the timely delivery of quality goods and services at fair and reasonable prices to ships and ordering activities making port visits;

(c) The Contractor shall provide supplies and services conforming to this Performance Work Statement (PWS) and shall monitor the provision of the supplies and services to assure their timely delivery in conformance with the Performance Based Statement of Work (SOW). The Contractor shall assure that supplies and services arranged on behalf of a ship's Supply Officer (SUPPO) or other ordering activity officers conforms to their requirements and shall assist the ordering activuty or SUPPO with any problems in meeting the requirements.

(d) The Contractor is required to assist the Contracting Officer who is entitled to conduct, at a minimum, quarterly audits of charges and supporting documentation for any of the services or supplies listed below. The purpose of the audit is to assure the reasonableness of prices paid for items not priced in the contract or to confirm volumes of both priced and unpriced items, which include, but is not limited to, an audit and review of charges and supporting documentation (inclusive of volume and usage documentation) including:

(i) Priced items such as CHT and trash charges

(ii) Arranging Supplies and Services and General Assistance, for example: FF&V, Bread and Eggs, Bottled Water, and water taxis

(iii) Support for services such as OOTW and Force Protection

(iv) Husbanding services in ports not priced

(e) In performing this contract, the Contractor shall comply with its terms and conditions and with the laws or regulations of the country/port where performance occurs and shall obtain any insurance, licenses or permits required by these laws or regulations.

(f) The Contractor shall identify representatives to act as the principal points of contact between the Contractor and the Fleet Industrial Supply Center Norfolk concerning pricing and performance issues throughout the region. These individuals shall facilitate communications among ordering activities such as ships, Defense Attaché Office’s (DAOs), Port Services Officers and FISC Norfolk.

(g) All contractor and subcontractor equipment and personnel are subject to inspection and search by U.S. Government security officials. Contractor personnel shall comply with all security procedures required to gain access to U.S. Government ships, facilities, and other assets. If directed by U.S. Government security officials, the Contractor shall remove any equipment or person considered a security risk.

(h) The Contractor will be held liable for all damages and cost impacts to the U.S. Government resulting from the Contractor's failure to exercise reasonable care in the performance of any services or the execution of contractual duties pursuant to this contract.

(i) The Contractor must have Internet capability sufficient for transmission and receipt of LOGistical REQuirements (LOGREQ)s, electronically generated delivery orders, and submission of reports required herein.

(j) The following contracts are currently in place for various countries. This HSP contract replaces these contracts in their entirety once they expire. All orders issued against the following contracts prior to their expiration date will continue through the end of performance date for that exercise.

Period of Performance:

Lot I Base Year

1 August 2007 through 31 July 2008

Lot II First Option Year 1 August 2008 through 31 July 2009

Lot III Second Option Year 1 August 2009 through 31 July 2010

Lot IV Third Option Year 1 August 2010 through 31 July 2011

Lot V Fourth Option Year 1 August 2011 through 31 July 2012

CONTRACT NUMBER

COUNTRY

EXPIRATION DATE

N00189-02-D-0009

Aruba (Oranjestad, 1 October 2007

Willemstad, Kralendijk)

N00189-03-D-0034

Bermuda (St. Georges, 31 October 2007

Hamilton, West End)

N00189-01-D-0018

St. Maarten (Philipsburg)

31 October 2007

N00189-02-D-0027

Jamaica

31 October 2007

N00189-04-D-0054

Central America

1 August 2007

(Guatemala, Belize, Costa Rica, El Salvador, Honduras)

N00244-05-D-0006

30 September 2007

(Acapulco, Mazatlan, Cabo San Lucas, Cozumel, Vera Cruz)

N00244-05-D-0008

30 September 2007

(Puerto Vallarta, Ensenada, Manzanillo, La Paz, Salina

Crux & Lazaro Cardina)

N00189-03-D-0006

Argentina (Buenos Aires, 30 June 2007

Puerto Belgrano, Ushuaia, Ingeniero)

N00189-03-D-0003

Brazil

N00189-03-D-0299

Chile

(Valparaiso, Porto Montt, Talcahuano, Iquidue, Coquimbo, Punta Arenas, Antofagasta, Arica)

N00189-03-D-0005

Colombia

18 June 2007

(Cartagena, Malaga)

N00189-01-D-0299

Ecuador

1 July 2007

(Manta, Guayaquil, Salinas)

N00189-04-D-0001

Panama

(Balboa, Rodman, Colon)

N00189-03-D-0015

Peru

8 August 2007

(Callao, Paita)

N00189-03-D-0004

Uruguay

(Punta Del Este, Montivideo)

2. PRICING

All firm fixed prices for contract requirements described herein shall be inclusive of all other costs including, but not limited to, all necessary equipment, licensed operators, liability insurance as required by local law, holiday and overtime costs, customs clearances, fuel and operating expenses.

(a) Fixed prices shall include performance at night, in overtime, Saturdays, Sundays, and Holidays; and services performed under heavy rain, or service to tankers and ships carrying explosives. They also include all operating expenses including, but not limited to, tugs, barges, trucks, personnel, and customs clearances. Prices shall include all mobilization and demobilization costs and that no charges for any of these services shall be charged after the performance period of any order issued. Detailed price analysis to include price break down of all the aforementioned price elements are subject to contracting officer audit, if requested to validate contractor’s cost control processes.

(b) Port tariffs will apply to those services that are based on the port tariff rates established and controlled by the Port Authorities.

(c) The husbanding service fee for first day and subsequent days cover regular and overtime labor of Contractor personnel supporting the ships plus all indirect expenses, including all management, overhead and general and administrative expenses. The price also includes the costs for arranging supplies and services described herein, costs associated with attendance at periodic meetings and pre-deployment briefings. The husbanding service fee represents total compensation for the Contractor. Any other compensation in the form of rebates and/or discounts shall be passed on to the U.S. Government. ALL husbanding fees for first and subsequent days shall be expressed in U.S. Dollars.

(d) Other fees for Operations Other Than War (OOTW) do not apply. The husbanding service fee for first and subsequent days applies regardless of the purpose of the port visit, unless another pricing arrangement is specifically negotiated by the contracting officer.

(e) The Government Wide Commercial Purchase Card and Bank Charges. The U.S. Government reserves the right and is encouraged to make payment by the Government Wide Commercial Purchase Card (GPC). The ordering activity or ship shall reimburse the Contractor any bank charges or surcharge imposed by the financial institution processing the GPC transaction. The applicable GPC surcharge shall be clearly articulated to ordering officials prior to any service arrangements and be posted clearly on contractor invoices.

NOTE - PAYMENT – General. Payment shall be made for supplies or services accepted by the Government and that have been properly delivered or provided pursuant to this contract. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Payments under this contract may be made by the Government either by check, electronic funds transfer, or the GPC, at the option of the Government. In connection with any discount offered for early payment, time shall be computed form the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the date on which the electronics funds transfer was made. Invoices in a currency other than U.S. Dollars shall be reimbursed in U.S. Dollars using the “official rate” of exchange based on the “Quick Rate” at the internet site www.oanda.com on the date of receipt of the invoice (extended out four (4) decimal points).

(f) Pricing Spreadsheets, see Attachment 2

IMPORTANT NOTES

Note (1) All priced line items must reflect an all inclusive composite rate that includes work performed during normal working hours, overtime for work performed outside normal working hours, weekend hours, holidays, and service performed under heavy rain, or service to tankers and ships carrying explosives. They also include all operating expenses including tugs, barges, trucks, personnel, customs clearances and any other charges unless specifically exempted by the Government.

Note (2)

Pricing for supplies and services for ALL countries will be expressed in U.S.

Dollars unless local currency is specified in the Pricing Attachments for that port.

Note (3) Definitions for the “Unit” abbreviations are as follows:

CM

cubic meter

MN

minute

DY

day

MT

metric ton

EA

each

SG

segment

GL

gallon (One Gallon = 3.785 Liters)

TP

trip

HR

hour

TBD

to be determined

NSP

not separately priced

LOT

lump sum price

Note (4) For pricing sheets and locations identified as “All Other Ports,” the contractor will be required to provide prices only for husbanding fees for the first and subsequent days only. The husbanding fees will apply for all other ports in that country.

Note (5) A “Reserved” item is an item that can be ordered when required but currently not priced.

Note (6)

The Government reserves the right to negotiate firm-fixed pricing at any time for no more than one year for any unpriced items on the Pricing Schedule, Attachment 2 that are determined reoccurring and covered by the contract terms and conditions and attachments.

2.1. PORT VISIT COST REPORTING PROGRAM

The Contractor is responsible for providing a Port Visit Cost Reporting Program to assist the U.S. Government in the estimating, tracking, forecasting, and reporting of husbanding service related pricing. This requires the Contractor to input accurate data into their program. This program is necessary to deliver to the government all reports related to the ship’s visit, derived from the LOGREQ initial cost estimate and actual cost reports as described below.

(a) Port Visit Cost Reporting Program. Upon award of a contract, the Contractor shall provide a web-based secure access to their program via secure user login and password. The program shall allow multiple simultainious users to access the tool. Access shall be coordinated through the contracting officer in order to limit access. Only authorized users will have access to the program. A common secured access may be made available to the Fleet in order to make available to all Supply Officers in a particular area of operation. Any reports dowmloaded from the program are property of the U.S. Government, data rights are considered unilateral for the Navy portal into the program. All reports shall be downloaded into Microsoft Excel format. If available, contractor shall provide a copy of their program on a single compact disk (CD). This CD contains this program as well as all additional software required to run this application. The contractor’s program should allow a computer with the following minimum configuration to access their system:

- IBM PC or compatible computer with a 486 or higher microprocessor;

- Minimum 8 Mb of RAM, and 2 MB of video RAM;

- 15 MB available on hard-drive for installation;

- Microsoft Windows 95 or later (Windows NT is also acceptable);

- E-mail capability (Microsoft e-mail is preferred although other programs will also work.); and

- Access to the Internet with either Explorer version 4.0 or Netscape version 4.5 or later browser.

At a minimum, the Contractor shall use this program to provide the following reports:

(i) LOGREQ Initial Price Estimate:

(1) Through the use of the program, the Contractor shall provide each ship or ordering activity an estimate in response to an LOGREQ order issued to the Contractor by any method identified under “ISSUANCE OF ORDER” clause. The requirements shall be provided to the Contractor by ships, activities and individuals identified in the contract. This estimate shall be prepared using the program and will include firm fixed prices as well as any estimated prices for any items not priced in the contract. Unit prices quoted should be firm wherever possible and the Contractor is to indicate which prices are firm and which are estimated. It will not be sufficient to simply say that the estimated price is "per FISC Norfolk contract " or "per Port Tariff". This estimate shall be posted to web-based program within forty eight (48) hours after receipt of the order, and will explain any anticipated “additional” costs and include cost savings or avoidance recommendations. The Contractor shall immediately begin scanning support documentation into the program for price verification and assisting ordering officers with fair and reasonable determination. In a situation where the Contractor receives an order with less than forty eight (48) hours prior to the arrival of the ship, the Contractor shall make every effort possible to provide the required documentation and price estimate prior to the ship’s arrival, but in no event after forty eight (48) hours after receiving of the LOGREQ.

(2) The Contractor shall post their LOGREQ price estimates both on the web-based program and also in an email message. The email copy of the estimate shall be sent to the ship as well as other specific addresses furnished by the Ordering Officer or Contracting Officer.

(3) These estimates shall be available to the contracting officer and any other authorized activities.

(4) In addition to the LOGREQ initial price estimate, the Contractor shall provide any additional information and respond to the activity authorized to pass a LOGREQ on behalf of the ship, such as the Port Services office or the DAO.

NOTE: Before transmission of any program data via electronic transmission or any other data media, the Contractor shall scan with current anti-virus software all documents to ensure computer virus free transmission. The program server shall scan all reports for computer viruses before inclusion in the program’s databases. Any reports sent containing any computer viruses would be returned immediately to the Contractor.

(ii) In-Port Price Updating:

(1) The Contractor shall maintain the programs ‘real-time’ pricing data during the actual performance period the ship is in port for which the Contractor provides husbanding services. The term "port pricing" includes all supplies or services required in the LOGREQ as well as other requirements specifically ordered by the ordering activity as requested and charged or paid by the ship during the port visit.

(2) The Contractor shall input and keep updated the programs ‘in-port’ pricing via the Internet, using the contractor system. The Contractor shall update this report at least once per day of performance between the hours of 0700 and 2300 while ship is in port until the completion of the ship’s visit.

(iii) Final Price Report:

(1) The Contractor shall furnish a draft report of all final prices and total cost of each delivery order issued during a period of performance, to include all port costs paid by each ship or ordering activity for which the Contractor provided husbanding services within 24 hours of ships departure.

(2) The Contractor shall make available the report via the Internet, using the port visit reporting system. The Contractor shall make available all final costs to the program within seven (7) calendar days from the departure of the ship or ordering activity visit.

(3) Any changes to final prices paid shall be updated within one (1) calendar day of the change. If a ship departs port without paying all or part of a bill, the Contractor will identify on the report the requirements not yet paid.

(4) A summary disbursement account must be itemized in detail, with the appropriate price shown against each item in a format similar to the Port Visit Cost Report (PVCR), see Attachment 14 of this solicitation within forty eight (48 hours) after a ship leaves port. Alternatively, it is acceptable for the Contractor to attach/scan suppliers' invoices to the programs disbursement account where this facilitates the process, and the Contractor will in any event be required to retain all pricing data and invoices relating to the visit for review, future visit reference, and official audit purposes. These final reports may be provided to other ships or ordering activities visiting ports covered by the contract.

(iv) Late / Supplemental Expense Report:

(1) The Contractor shall furnish a final report of all late prices and total cost of each delivery order issued during a period of performance, to include all port costs paid by each ship or ordering activity for which the Contractor provided husbanding services.

(2) The Contractor shall make available the report via the Internet, using the port visit reporting system. The Contractor shall make available all late pricing to the program within thirty (30) calendar days from the departure of the ship or ordering activity visit.

(3) Any changes or other late pricing shall be considered unauthorized and shall not be paid. Un-invoiced pricing submitted over thirty (30) days is a direct result of contractor poor pricing controls and a serious negative performance issue fthat may effect the continued performance of the contract.

(4) A summary disbursement account must be itemized in detail, with the appropriate price shown against each item in a format similar to the Port Visit Cost Report (PVCR), see Attachment 14 of this solicitation within forty eight (48 hours) after a ship leaves port. Alternatively, it is acceptable for the Contractor to attach/scan suppliers' invoices to the programs disbursement account where this facilitates the process, and the Contractor will in any event be required to retain all pricing data and invoices relating to the visit for review, future visit reference, and official audit purposes. These final reports may be provided to other ships or ordering activities visiting ports covered by the contract.

(v) Other capabilities

(1) be able to track prior visits and all items (unit prices and quantity) purchased

(2) report port summaries of all prices paid per visit, monthly summaries per port, annual summaries per port and per country throughout the period of performance of the contract

(3) perform pricing anaylsis to determine higher/lower pricing in each port, analyze prices and quantities by ship class per port

(4) develop and make available for each user for each port an ‘inventory’ of capabilities, equipment, and services available for each port and anyother important information about that port.

(5) reserved

NOTE: “ALL data obtained by the Government through the use of the contractor’s Port Reporting Tool during the course of the contract is for the Government’s use and the Government retains rights to that data after the contract expires”.

FINAL NOTE: The Government is currently developing a web-based World Wide Cost Reporting and Forecasting Tool (WWCRAFT). If implemented, the Contractor shall begin using WWCRAFT as the primary husbanding reporting program.

3. BILL PAYMENT

Bill payment shall be disbursed through one of the following methods, check, purchase card, submission of invoices to a Defense Finance and Accounting Command (DFAS) via regular mail or electronically through Wide Area Work Flow (WAWF).

(a). The Contractor shall present to the ordering officer or SUPPO all pricing that is firm and finalized one-day prior to the ship’s sailing or the ordering activity departure. At that time, the Contractor shall relay any late information on pilot and tug schedule changes, and any additional information applicable to the ship and its departure. The Contractor’s point of contact for these functions shall be the ordering officer or the ordering officer’s designated representative. In addition, the Contractor shall present all documentation and invoices from other Contractors subject to provision of services under this contract.

(b). The Contractor shall obtain a signed delivery order (DD 1155) to verify that the services were received and that charges presented in the port visit cost reporting program are correct for payment. This may be accomplished via email from the Ordering Officer or the SUPPO of the ship. The ordering officer shall pay for all supplies and services accepted during the period of performance by one of the aforementioned methods of payment.

(c). In the absence of a delivery order, forward invoices and all documentation regarding inspection and acceptance of supplies and services by the ship’s representative with appropriate accounting data to the Contracting Office, Attention: Husbanding Program Code 230A, Fleet Industrial Supply Center Norfolk, 1968 Gilbert Street Suite 600, Norfolk VA 23511-3392.

(d). In cases when only an estimated bill is provided to the ordering activity or ship, the Contractor shall reconcile the estimated amounts against final actual costs and submit all invoices to the Contracting Office, Attention: Husbanding Program Code 230A, Fleet Industrial Supply Center Norfolk, 1968 Gilbert Street Suite 600, Norfolk VA 23511-3392.

4. QUALITY

(a) An important requirement of services under this contract is to ensure a prompt exchange of information between the contractor and the ship or ordering activity. In coordinating the needs of a U. S. Navy port visit, the Contractor can expect to encounter a very busy logistics environment. A great deal of information exchange between the Contractor and the ship or ordering activity will be necessary to cover all the numerous details and to modify them as conditions change. The Contractor will keep the ordering officers or their designated representatives informed of the status of delivery of supplies and services. Problems, delays in service, schedule changes, conflicts in schedule and any other questions the contractor encounters should be brought to the attention of the appropriate point of contact as soon as possible so that the situation can be resolved

(b) The contractor shall provide the highest level of commitment to customer satisfaction including the timely delivery of goods and services at fair and reasonable prices to ships making port visits and to provide continuous oversight of costs and performance throughout the area covered by this contract. The contractor is responsible for ensuring that proper safety and health precautions are taken to protect the work, the workers, the public, and the property of others. This contract shall not specify how the contractor is to perform, but measurable performance standards are established in the contract quality assurance and surveillance plan (QASP) to monitor each ship’s visit.

(c) The Contractor shall manage the delivery of husbanding services throughout North and South America. The Contractor shall assign an individual or group of individuals to work with the Navy to identify and resolve problems, to exploit opportunities for cost savings and quality improvements, and to provide briefings on the supplies and services offered under this contract. To this end, the Contractor representatives shall be available to participate in periodic meetings with, but not limited to, FISC Norfolk personnel, Second and Third Fleet, Combined Task Force CTF- 43 representatives, and Joint Inter Agency Task Force (JIATF) representatives at sites throughout the Region to review cost and performance issues.

(d) The performance standards are explained in the Quality Assurance and Surveillance Plan (QASP), see Attachment 13.

NOTE: Offerors are authorized to submit an ‘Alternate QASP’ for consideration by the Contracting Officer to be negotiated and incorporated into a contract if awarded to that offeror.

(e) The failure of the Contractor to meet the percentile goal for any factor will be investigated and evaluated by the Contracting Officer. The contractor shall also be given the opportunity to refute any adverse Contractor Performance Appraisal Reporting System (CPARS) completed for the contractor. Whenever the total percentile target for a port visit is not reached, the contractor will credit the ordering activity, ship, or in some cases multiple ships with one subsequent day husbanding fee, as determined by the applicable rate for the port visit in which the contractor failed to meet the overall goal. This mechanism will not apply to port visits that are less than 24 hours (brief visit).

ADDENDUM TO FAR 52.212-1, INSTRUCTION TO OFFERORS-COMMERCIAL ITEMS (OCT 2000)

The Government intends to evaluate proposals and award a contract without discussions with offerors. Therefore, the offeror's initial proposal should contain the offeror's best terms from a technical and price standpoint. The Government reserves the right to conduct discussions if the Contracting officer later determines them to be necessary.

At the time of the solicitation closing date, offerors shall submit the information specified in paragraphs (1) through (5) below to the address specified in block 9, ATTN: Darva Gruber, Code 230A2 . For commercial carriers (FedEx, UPS, etc.) please send proposals to the following address: FISC Norfolk DWY22, ATTN: Darva Gruber, Code 230A2 , 9550 Decatur Avenue, Norfolk, VA 23511-3328.

(1) Part I – Technical Evaluation: The offeror’s proposal shall consist of a Technical Proposal which contains both oral and written portions that shall be evaluated in accordance with the evaluation criteria specified in the FAR 52.212-2 clause in this RFQ.

(a) Oral Presentation. The contracting officer will schedule Oral Presentations for the Offerors. The Oral Presentation methodology will conform to the provisions found in this solicitation. An Oral Presentation does not constitute a discussion as defined in FAR 15.306. The oral presentation shall be video taped for future reference by the TEB.

General. The Oral Presentation shall cover subfactors I & II of the Technical Evaluation. The technical content shall be such as to enable the Government to make a thorough and complete evaluation. To facilitate the technical evaluation, the Oral Presentation should be sufficiently specific, detailed and complete to clearly demonstrate that the Offeror has a thorough understanding of the requirements for and any technical problems inherent in, the achievement of the specifications and has a valid and practical solution for each contemplated problem. The Oral Presentation should not merely state that the Offeror understands, is capable of performing, or intends to comply with, all specifications or parts thereof. Phrases such as “established procedures will be employed” or “well known techniques will be used,” or “the highest industry standards shall be adhered to” are meaningless “filler” and do not constitute sufficient information to adequately assist the Government to assess the Offeror's technical approach.

Items Covered. The Oral Presentation should address each of the sub-factors and their accompanying second tier sub-factors. Specifically, with respect to Subfactor II, the sample pricing task, offerors shall present a live demonstration of their web based Port Visit Cost Reporting Program using the sample LOGREQ provided in Attachment _16_. The Government shall provide Internet access so the contractor can perform the ‘live’ demonstration.

Content. The Oral Presentation shall only include electronic media for the presentation (e.g., websites, Power Point slides). The power point presentation shall consist of no more than 45 slides, which amounts to no more than 45 printed pages of one slide on each printed page. Any pages more than the first 45 shall not be evaluated. The Offeror should exercise their best judgment and discretion regarding format and content. However, evaluators will concentrate on the content of presentations. The evaluators have the discretion to downgrade the presentation if the Offeror’s media contains inappropriate font size, unduly distracting colors, annoying sound effects, unnecessary moving characters, or unprofessional “gimmicks” that detract from the seriousness of the subject matter. Offerors shall submit seven (7) color copies of the Oral Presentation material (e.g., power point slides) on 8.5” x 11” paper and one copy electronically on a compact disc (CD) with the written proposal at the time of solicitation closing. The CD shall be given back to the Offeror by the evaluators at the time of Oral Presentations for their use. No changes to this original solicitation closing submittal will be accepted for Oral Presentations unless accepted as a clarification. Immediately upon completion of the Oral Presentation, the CD shall be returned to the evaluators.

Time. The oral presentation shall not exceed two hours for the presentation portion (including breaks, clarifications, and questions). In the event that the Offeror does not present and discuss all slides during the Oral Presentation, those slides that were not presented may be considered by the evaluators subject to their sole discretion, and in such case the evaluators are free to interpret the meaning of such slide(s) in any manner it deems reasonable. The planned timeframe for Oral Presentations is as follows:

· Ten (10) minutes for team introduction

· Forty (30) minutes to present sub-factor I

· Ten (10) minutes for Question/Answer

· Ten (10) minute break

· Forty (40) minutes to present of sub-factor II.

· Ten (20) minutes for Question/Answer

Note: The Government reserves the right to ask questions at any time and the Question/Response will not result in extended time.

Copies. Seven color copies of the power point oral presentation printed on 8.5” x 11” paper and one copy electronically in the form of a CD. The copies and the CD shall be provided with the offer at the time of solicitation closing. The CD shall be returned to the orrderor in order to make the oral presentation. No deviation from the originally submitted copies will be allowed in the Oral Presentation unless accepted as a clarification. Upon completion of the Oral Presentation, the original documentation shall be returned to the evaluators.

Offerors shall bring no more than four (4) representatives (including all subcontractor/partner representatives, if any), at least one of whom will be the senior company official to be designated as the contract Point of Contact (POC), as described in the Performance Work Statement. The Offeror is responsible for providing a person (one of the four representatives) to flip the transparencies or operate the Government provided computer/laptop if it is not to be done by the presenter. Each Offeror shall be allowed one (1) management representative to be present in the audience, but they shall not be allowed to interface with the proposal team.

In the event of technical problems, the oral presentation time will stop, the Government will leave the room and the problem will be resolved.

(b) Written Material - The offeror’s Technical proposal shall also consist of a written submission to the Government, which will consist of the offeror’s Quality Assurance Plan and their Security Plan, Technical Subfactors III and IV. The written technical proposal will be evaluated in accordance with the evaluation criteria specified in the FAR 52.212-2 clause in this RFP. The written material shall be submitted in two (2) folders; one folder for each subfactor. Each folder shall be separate and complete in and of itself, so that evaluation of one folder may be accomplished independently and each folder shall have a table of contents. The written material shall be submitted on 8-1/2 by 11 inch paper. The pages may be printed on both sides of plain white bond paper. The font for text shall be 12 point or larger and at least one inch margins all the way round. Text smaller than 12 point may be used only in charts and tables. When both sides of a sheet of paper contain material, it will be counted as two (2) pages. All company letterheads and logos (except to the extent that the offeror requests that information remain proprietary) are to be removed from all paper used in the offer. Neither folder shall exceed 20 pages in length, exclusive of the title and table of contents pages. Pages exceeding this total will not be considered.

The Offeror shall submit seven (7) hardcopy (e.g. paper) copies in separate folders (total of 14 folders) as indicated above, and one (1) electronic copy of the offer. The electronic copy shall be in the form of a Compact Disc (CD), compatible with the Microsoft Office 2000 suite of products. The electronic copy shall exactly match print versions of the submitted documents. In the event of discrepancies between the two, printed documents take precedence. The electronic copy shall be accompanied by a printed inventory that identifies all the file contents and their electronic formats. In addition, the electronic file shall be labeled with your company’s name, RFP number, submission date, and the words “Source Selection Sensitive.”

(3) Part II - Past Performance – Past Performance shall include all data and information required for evaluation (Part I of Attachment 3, Contractor Performance Data Sheet and Attachment 4, Performance Risk Assessment Questionnaire).

Offerors are directed to provide Contractor Performance Data Sheets on no more than four (4) of the Offeror’s most recently completed Federal Government, Other Country, State Government, Municipal Government, or commercial ship husbanding contracts not to exceed five (5) years since completion for like or similar services to those to be provided under this RFP. Offerors are directed to provide Contractor Performance Data Sheets on no more than two (2) of the Offeror’s most recently completed Federal Government, Other Country, State Government, Municipal Government, or commercial Operations Other Than War (OOTW) and/or contingency operation contracts not to exceed five (5) years since completion for like or similar services to those to be provided under this RFP. Offerors may submit performance data regarding current contract performance as long as a minimum of one (1) year of performance has been completed as of the closing date of this RFP.

The Offeror has both the duty and discretion to determine which of its prior contracts are most relevant to the currently described requirements. However, the Offeror should consider that the Government shall give special attention to past performance relating to United States Government Federal contracts (and, in descending order of preference, contracts with other countries, states/provinces, or cities). Commercial contracts will also be considered.

This is based upon the fact that the administration, documentation, procedures, processes, and adherence to statutory and regulatory requirements are often unique to work in the public sector, and add a degree of managerial complexity that is not routinely seen in private sector contracts. Accordingly, the Offeror should carefully weigh the contracts it elects to submit in light of the fact that this contract will be administered by the United States Federal Government using Federal laws, standards, and procedures.

If the Offeror is unable to submit four (4) and two (2) relevant contracts for past performance evaluation, it may submit a lesser number.

The Offeror may also submit relevant contracts performed by subcontractors that will perform under this contract, but under no circumstances may an Offeror submit more than four (4) and two (2) contracts for review, regardless of whether the contracts were preformed by the Offeror, subcontractor(s), or any combination thereof. Any submission(s) in excess of this stated limit will be excluded by the Government. The Government will choose the excluded contract(s) at random, or in any manner that the Government, in their absolute discretion, deems appropriate, without any consideration for the best interests of the Offeror. If subcontractor contracts are submitted, the Offeror must also clearly indicate the percentage of work that the subcontractor(s) will perform under each task/ category of effort throughout the course of the contract.

If the Offeror possesses no relevant past performance, it should affirmatively state this fact in the Contractor Performance Data Sheets. Failure to submit the completed Contractor Performance Data Sheets shall be considered certification (by signature on the proposal) that the Offeror has no past performance for like or similar items for the Government to evaluate.

(4) Part III - Price Proposal – The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. Offers/Proposals consist of and must include the following:

Standard Form 1449, "Solicitation/Contract/Order for Commercial Items” with blocks 12, 17a, 30a, 30b, and 30c completed by the offeror.

RFP Section “Pricing Schedule”

i. All prices contained in the pricing schedule reflect total compensation for the services detailed therein and are fully inclusive of all costs including labor (workers, management, aids, assistants, operators), overhead, general and administrative (G&A) expenses, and profit. Overhead and G&A expenses include, but are not limited to: expenses for telephone, telefax, e-mail and postage, clerical support and administrative support; and unless otherwise noted in this section include: transportation of equipment, incidental charges for the use of cranes & forklifts for placement of equipment on/off ships, overtime and holiday charges, fuel, insurance, demurrage and stand-by charges. Unless separately priced, the prices in the pricing schedule will include mobilization and demobilization.

ii. All items covered under option years may be ordered and performed during the scheduled period of performance of this contract. Offerors are required to provide prices for these items under option years. The prices for all option items will be evaluated in accordance with FAR 52.212-2 Evaluation – Commercial Items (Jan 1999). The U.S. Government makes no guarantee that the option years will be exercised. It will be the U.S. Government’s unilateral right to exercise the option years. Once the option is exercised, the Offeror is required to perform the work when ordered during the scheduled period of performance of this contract.

iii. Fixed prices shall be entered on the spreadsheet file, Schedule of Supplies/Services, readable in Microsoft Office Excel format. Offerors shall not alter the format of the spreadsheets except that column(s) may be widened.

iv. Any spreadsheet cell without an ‘quantity’ entry indicates the item is unpriced at this time.