4.03 RFQ N0018921Q0088 0001.pdf

N3244321RC004FN

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 01 is to incorporate the addendums to 52.212-1 and 52.212-2 into to the solicitation, w hich w ere inadvertently omitted. This modification also incorporates the correct w age determination. The response date has been extended to 17 February 2021. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 10

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

16C. DATE SIGNED

BY 26-Jan-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X N0018921Q0088

X 9B. DATED (SEE ITEM 11)

21-Jan-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer 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

26-Jan-2021

CODE

NAVSUP FLC NORFOLK CONTRACTING

NORFOLK OFFICE

ATTN: T. WATSON

1968 GLIBERT STREET, SUITE 600

NORFOLK VA 23511-3392

N00189 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0018921Q0088

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 01-Feb-2021 12:00 PM to 17-Feb-2021 12:00 PM.

The following have been added by full text:

ADDENDUM 52.212-1

Instructions to Offerors – Commercial Items, the following information is provided. Quotes must include the completed solicitation documents as follows:

The Government intends to award a Firm Fixed Price (FFP) definite-delivery definite-quantity contract as a result of this solicitation in accordance with FAR Part 13. Award will be made to the vendor whose quote is most advantageous to the Government under the selection criteria set forth in the solicitation. The Government intends to evaluate quotes and award a contract based on initial quotes. Therefore, the initial quote should contain the quoter’s best terms from a past performance and a price standpoint. The Government reserves the right to award a firm fixed price contract to other than the lowest priced quoter; award a firm fixed priced contract without discussions; or award a firm fixed priced contract after discussions, whichever is in the best interest of the Government.

Quotes shall be submitted directly to the contract specialist, Tierra Watson, at tierra.watson@navy.mil no later than the closing date and time of the solicitation. Quoters shall comply with the detailed instructions for the format and content of the quotes contained herein; quotes that do not comply may be considered unacceptable and may render the quote ineligible for award. Quoters shall submit questions by 12:00 PM EST 02 February 2021 to tierra.watson@navy.mil.

All submission and attachments shall be in Microsoft Office Word, with the exception of Factor I: Facilities Clearance, which may be submitted as a PDF and the Price Proposal which may include a Microsoft Excel submission. Submissions are page limited to the maximum number of pages as defined below. These page limitations are inclusive of the executive summary and any charts, diagrams, and/or other graphics. Graphics (including tables) in the proposal may use an alternative font with 8-point size type or larger. Each “page” is defined as one sheet, 8 ½" x 11", with at least one inch margins on all sides, using a font with a point size of 12 or greater (e.g., "Times New Roman" style with 12-point font). Lines shall, at a minimum, be single-spaced in Microsoft Word with Microsoft Word Normal character spacing. Pages shall be consecutively numbered. Multiple pages, double pages, two-sided pages, or foldouts will count as an equivalent number of 8 ½" x 11" pages. The offeror is permitted to submit no more than one page for each of the following, which will not be included in the page count: a cover sheet, list of tables, list of figures, compliance matrix, table of contents, tabs, and dividers. Pages submitted in excess of the page limitations described within will not be evaluated.

Title Page Limit* Volume I: Factor I – Facilities Clearance No Limit Volume I : Factor II – Past Performance 15 Pages Volume II: Factor III – Price No Limit

The Price Proposal is not page limited; however, the Price Proposal is to be strictly limited to price information and completed solicitation documents as described in the General Section at the beginning of this text.

* Page limits represent the maximum pages the Government will evaluate and are not construed as de facto standards for the amount of material expected in the proposal.

The quotation shall consist of the following parts:

Factor I – Facility Clearance The offeror shall provide proof/verification that it possesses a current Secret Facilities clearance at time of proposal submission. The proof/verification shall be in the form of Defense Security Service verification obtained within 30 days prior to close of solicitation and shall include the following: Cage Code, Facility Name, Physical Location, Facility Clearance Status/Level, Status Date/Issue Date, Safeguarding Level, Authorized Access To, FCL Limitation, Facility Security Officer, Facility Security Officer Phone Number, DSS Field Office, and DSS Field Office Phone Number.

Factor II – Past Performance In order to facilitate the Government’s evaluation of this factor, the quoter shall provide information on no more than three (3) previous contracts whose effort was relevant to the effort required by this solicitation; the contracts provided should have been performed within the last five (5) years from the closing date of this solicitation.

Evaluation will focus only on work experience already performed. Yet-to-be performed work and experience prior to the last five (5) years will not be considered. Quoters may submit performance data regarding current contract performance as long as a minimum of one year of performance has been completed as of the closing date of this RFQ. The Government may contact some or all of the references provided, as appropriate, and may collect information through questionnaires, telephone interviews and existing data sources to include but not limited to Contractor Performance Assessment Reporting (CPARS). The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government.

This past performance information will be used for the evaluation of past performance. The following minimum information shall be provided within the contractor submitted references:

• Name of Quoter

• Contract Number/Task Order Number

• Contract Type

• Annual Contract/Task Order Cost

• Description of Work - Quoters should provide a detailed explanation demonstrating the similarity of the contracts in terms of scope and magnitude to the requirements of the RFQ for purposes of relevancy.

• Valid Name, Phone Number and E-mail Address of Contracting Officer and Contracting Officer's Representative/Task Order Manager

• Annual Contract Cost and Total Contract Cost

• Period of Performance

• Number of Personnel (FTE) performing per year (average)

Quoters may provide contracts describing their own experience as a subcontractor. Quoters shall describe the major or critical aspects of the work performed, as well as the dollar value of work performed, under the submitted contract.

Quoters may also submit contracts of subcontractors they propose to use under this contract. Quoters shall describe the major or critical aspects of the work subcontractors are proposed to perform under the contract. Quoters shall also describe the major or critical aspects of the work performed by the subcontractor, as well as the dollar value of work performed, under the submitted contract.

Subcontractor performance (either the quoter’s own subcontractor experience or proposed subcontractors experience) of major or critical aspects of this requirement will be considered as highly as prime contractor past performance information for the quoters.

The quoter shall demonstrate relevant and completed past performance or affirmatively state that it possesses no relevant past performance. Relevant past performance is performance under contracts or efforts within the past five years prior to the solicitation closing date that is the same as or similar to, the scope and magnitude of the work described by this solicitation.

Factor III- Price

RFQ Section “Schedule of Supplies/Services” completed by the quoter with the total base and option contract prices inclusive of the 6-month option period (if applicable);

- Separate pricing information shall be submitted for each year of the services, including 6-month option period (FAR 52.217-8) as well as a total summary for all years of service;

- Unless completed in System for Award Management (SAM), “Representations, Certifications and Other Statements of Quoters” certification completed by the quoter;

- All supplemental information to support the proposed price including labor mix and level of effort (LOE) and fully burdened per hour labor rates, to include subcontractor’s supplemental pricing information in the same format;

- A completed and signed page 1 of the most current version of the solicitation and any amendments if applicable;

- For the purposes of the quote, all rates should be proposed at the Government site;

- The quote shall be valid for 180 days from solicitation closing date;

The completion and submission of the above items will constitute a quote and will indicate the quoter’s unconditional assent to the terms and conditions of this RFQ and any attachments and/or exhibits hereto. All price and price supporting information shall be contained in the price quote. No price or pricing information shall be included in any other volume including cover letters. Quoters are responsible for submitting sufficient information to enable the Government to fully evaluate their price quote.

(End of Text)

ADDENDUM 52.212-2

The Government intends to award a Firm Fixed Price contract to the responsible quoter whose quote represents the best value after the evaluation in accordance with the factors in the solicitation.

The selection of an quoter for award will be conducted in two phases. Phase I will consist of the evaluation of Factor I – Facilities Clearance. Quoters receiving an “Acceptable” rating in Phase I shall move on to Phase II. Phase II will consist of the evaluation of Factor II – Past Performance and Factor III – Price. During Phase II, the evaluation of quotes will consider Past Performance to be significantly more important than the Price Proposal.

Quotes will be ranked from lowest to highest price.

If the lowest priced offer is evaluated to have a Past Performance Confidence Assessment rating of ‘Substantial Confidence’, that quote represents the best value for the Government and the evaluation process stops at this point.

Award shall be made to that quoter without further consideration of any other quoters. However, if the lowest priced offer is not evaluated to have a ‘Substantial Confidence’ Past Performance Confidence Assessment rating, the next-lowest priced quoter will be evaluated. The evaluation process will continue (in order of price from lowest to highest) until a quoter is evaluated to have a ‘Substantial Confidence’ Past Performance Confidence Assessment rating. The Government shall then make an integrated best-value award decision between the quoter rated with a ‘Substantial Confidence’ Past Performance Confidence Assessment rating and all lower priced awardable offers. If no quoters are rated with a 'Substantial Confidence’ Past Performance Confidence Assessment, the Source Selection Authority shall make an integrated assessment best-value award decision from among the awardable quoters.

Phase I Factor I: Facility Clearance Sub-factor I will be evaluated on an Acceptable/Unacceptable basis on its submission of the proof/verification of its Secret Facilities Clearance. This will be evaluated during Phase I on an Acceptable/Unacceptable basis utilizing the Technical Acceptable/Unacceptable ratings in the table below.

Technical Acceptable/Unacceptable Ratings Table Rating Description

Acceptable Proposal clearly meets the minimum requirements of the solicitation Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation

Phase II Factor II: Past Performance The past performance evaluation factor assesses the degree of confidence the Government has in an offeror’s ability to meet the contract’s requirements based on the quality of a demonstrated record of recent and relevant performance. There are three aspects to the past performance evaluation: recency, relevancy, and quality. These are combined to establish a single performance confidence assessment rating for each offeror.

Past Performance Recency: Recency is the first aspect of the past performance evaluation and is the time period during which past performance references are considered relevant. Recency is critical to establishing the relevancy of past performance information. For purposes of this solicitation, recent past performance is within the past five years prior to the solicitation closing date. Performance outside of this stated period will not be considered for evaluation purposes.

Past Performance Relevancy: Regarding relevancy, each past performance reference under the offeror’s Past Performance submission will be evaluated to determine its individual scope and magnitude relative to the instant requirement. The following definitions apply to this evaluation:

Scope: Experience in the areas defined in the PWS.

Magnitude: The measure of the similarity of the dollar value of actually performed work that exists between the instant requirement’s PWS and the offeror’s referenced contracts during the stated period established by the solicitation.

The relevancy rating assigned from the below Past Performance Relevancy Descriptions will be considered in determining the weight to be given to that reference in the overall Past Performance Confidence Assessment. In determining the rating for the past performance factor, past performance of greater relevancy will have more influence on the past performance confidence assessment than past performance of lesser relevance.

Past Performance Relevancy Descriptions Table

Rating Description Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort this solicitation requires.

Past Performance Quality: The third aspect of the past performance evaluation is to establish the overall quality of the offeror’s past performance. The Government will review all past performance information collected and determine the quality of the offeror’s performance, including general trends and usefulness of the information, and will incorporate this into the performance confidence assessment. The quality of performance under a past performance reference that that has no relevance to the instant requirement will not be considered in the overall assessment of past performance confidence.

In order to determine the quality of performance, the Government may utilize existing data sources, including the Contractor Performance Assessment Reporting System (CPARS), the Federal Awardee Performance and Integrity Information System (FAPIIS), the Electronic Subcontract Reporting System (eSRS), or other databases;

communication with points of contact in the offeror’s customer’s organization, which could include private sector requirements and contracts personnel, Administrative Contracting Officers, Defense Contract Management Agency

(DCMA) personnel, Procuring Contracting Officers, Contracting Officer’s Representatives, and other Government activity requirements personnel. The Government may verify past performance information. The Government may contact some or all of the references provided, as appropriate, and may collect information through questionnaires, telephone interviews, and existing data sources. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the Government. This information will be used for the evaluation of past performance.

Past Performance Confidence Assessment: The overall assigned rating for past performance will be the Past Performance Confidence Assessment rating, defined in the table below. The assignment of this rating will be based on the overall quality of the recent and relevant past performance and will also consider the source of the information, the context of the data, and general trends in the offeror’s performance.

In the case of offerors for which there is no information on past contract performance or where past contract performance information is not available, the offeror may not be evaluated favorably or unfavorably on the past performance factor. In this case, the offeror’s past performance is unknown and assigned a performance confidence rating of “Neutral Confidence.” Although an offeror that lacks recent, relevant past performance may not be rated favorably or unfavorably with regard to past performance, the Government may determine that a “Substantial Confidence” or “Satisfactory Confidence” past performance rating provides better value to the Government than a “Neutral Confidence” past performance rating.

The past performance factor evaluation and past performance confidence assessment rating is separate and distinct from the contracting officer’s responsibility determination. The assessment of the offeror’s past performance will be used as a means of evaluating the relative capability of the offeror and other competitors to successfully meet the requirements of the solicitation.

Past Performance Confidence Assessment Ratings Table

Rating Description Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available or the offeror’s performance record is sosparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Factor III: Price Price is evaluted in accordance with FAR Part 13.

Evaluated based on price in the schedule.

Although price is the not the most important evaluation factor, it has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the quotes in relation to the other factors on which selection is to be based. The importance of price will also increase when a quote's price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the offer. If, at any stage of the evaluation, all quoters are determined to have submitted equal, or virtually equal, non-price quotes, price could become the factor in determining which offerors shall receive the award.

(End of Text)

The following have been modified:

WAGE DETERMINATION

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015‐0213

Daniel W. Simms Division of | Revision No.: 17 Director Wage Determinations | Date Of Last Revision: 04/20/2020

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Nationwide applicable in: Alaska, Alabama, American Samoa, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Guam, Hawaii, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oregon, Puerto Rico, Rhode Island, South Carolina, Texas, Virginia, Washington, Wisconsin **Fringe Benefits Required Follow the Occupational Listing** Employed on contract for tugboats and other coastal vessels.

OCCUPATION CODE ‐ TITLE FOOTNOTE

RATE

47080 ‐ General Vessel Assistant 215.52 Daily (not set) ‐ Captain, Harbor Tug 326.04 Daily (not set) ‐ Deckhand, Harbor Tug 205.20 Daily (not set) ‐ Engineer, Harbor Tug 274.32 Daily

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health‐related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health‐related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.54 per hour or $181.60 per week or $786.93 per month

HEALTH & WELFARE EO 13706: $4.22 per hour, or $168.80 per week, or $731.47 per month (Hawaii):

$1.94 per hour, or $77.60 per week, or $336.27 per month for all employees on whose behalf the contractor provides health care benefits pursuant tothe Hawaii prepaid Health Care Act. For those employees who are not receiving health care benefits mandated by the Hawaii prepaid Health Care Act, the new health and welfare benefit rate will be $4.54 per hour.

HEALTH & WELFARE (Hawaii) EO 13706: $1.63 per hour, or $65.20 per week, or $282.53 per month for all employees on whose behalf the contractor provides health care benefits pursuant to the Hawaii prepaid Health Care Act. For those employees who are not receiving health care benefits mandated by the Hawaii prepaid Health Care Act, the new health and welfare benefit rate will be $4.22 per hour.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29

CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated.

** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, Standard Form 1444 (SF‐ 1444) **

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract, a separate SF‐1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a Report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the U.S. Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour Division's decision to the contractor.

6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)).

Information required by the Regulations must be submitted on SF‐1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1)).

** OCCUPATIONS NOT INCLUDED IN THE SCA DIRECTORY OF OCCUPATIONS **

Captain, Harbor Tug Qualified tug master and operator in charge of the tugboat, its personnel, its operation and maintenance. The Captain is a radio operator, understands and operates radar and other navigational aids used in conjunction with tug‐ship operations and tug‐barge operations bother harbor and ocean. This person must also be qualified in administrative ship business and overall charge of maintenance of the vessel. Must hold appropriate Coast Guard documentation/license.

Deckhand, Harbor Tug Qualified seaman capable of performing all duties related to tugboat servicing ships and barges both in the harbor and at sea. Must hold appropriate Coast Guard documentation/license.

Engineer, Harbor Tug Qualified engineer in the operation, the maintenance, both corrective and preventative, and overall supervisor in the proper operation and maintenance of all machinery, both main and auxiliary and electrical and other mechanical gear aboard the tugboat. Also must have administrative ability to keep records and maintain the inventory of parts, tools, fuel, etc. Must hold appropriate Coast Guard documentation/license.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Phase I Factor I – Facility Clearance

Phase II Factor II – Past Performance

Factor II – Price

Past performance is significantly more important than the Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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)