Attachment_6_Amendment_2_MSC_READINESS_MANUAL_COMBINED_SYNOPSIS_SOLICITATION_AMMENDMENT.docx

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Readiness Manual Federal contract opportunity
Solicitation number
N32205-17-R-1013
Issued by
Department of the Navy Military Sealift Command

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Readiness Manual Combined Synopsis Solicitation Amendment 0002

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MILITARY SEALIFT COMMAND

N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE

Military Sealift Command Combined Synopsis and Solicitation Notice Information

Amendment 0002

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

2. Solicitation number is N32205-17-R-1013 and is being issued as a Request for Quotes (RFQ).

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-94,2005-95 Effective 01-19-2017 . See https://www.acquisition.gov/browsefar for this information.

4. The associated NAICS code is 561410 and this procurement:

|_| is not being set-aside for small businesses.

|X| is being set-aside for small businesses. The small business size standard is 15 millions of dollars.

5. The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options:

SERVICES

CLIN
DESCRIPTION
QUANTITY
UNIT OF MEASURE
0001
Produce a comprehensive readiness manual that consolidates existing instructions (See attachment 4 for the list), outlines new tactical training requirements, new certification requirements, new afloat continuous training, and provides measures and instructions for measuring holistic readiness. 1 electronic editable copy and 20 hard copies of the manual will be delivered by the vendor.
1
EA

6. Performance Work Statement (PWS) Operational Readiness Manual

1.0 Background

Commander, Military Sealift Command (COMSC) has announced the reorganization of Miltary Sealift Command to operate under a MOC (Maritime Operations Center) concept. COMSC has also recently approved the development of the MSC Readiness Manual in support of its strategic plan to holistically assess readiness of MSC’s ships training. MSC’s current afloat training supports Damage Control only, and only for government owned/government operated ships. Current training goes beyond U.S. Coast Guard (USCG), but does not train or assess navigation, C2, or tactics. Contract operated shipboard training is specified in the contract, which includes USCG required training and other training specific to Navy ships Aviation Certification (AVCERT).

MSC does not currently recommend certification or assess our ship’s ability to conduct its operational mission. Upon completion of the Afloat Training Program, the ship’s Master determines if the ship is ready.

MSC does not holistically assess readiness of our ships. Certifications and inspections are not incorporated into a calculation/enumeration of “holistic readiness.” Personnel, Equipment, Supply, Training and Ordnance (PESTO) pillars in Defense Readiness Reporting System – Navy (DRRS-N) are not populated today. Masters send a spreadsheet with status of minimum equipment that HQ enters into the Commander’s Assessment of DRRS-N.

In order to provide more efficient universal process to the MSC’s fleet of vessels and improved customer interaction, the MSC Readiness Manual development project will focus on building a content rich readiness Manual which provides a simplified and more user-friendly approach for existing and potential Masters/Captains. It is imperative that MSC utilizes its Readiness Manual as a platform for communicating standard operating procedures, training, certifications, inspections and other marine specific information.

The MSC Readiness Manual will:

1) Provide the overarching strategy and policy required to generate and sustain ready ships. The training required within the manual will give tactical decision makers with the ability to adapt and improvise.

2) Create the structure that identifies readiness indicators that will be colligated into a cohesive recommendation for certification to U.S. Fleet Forces or U.S. Pacific Fleet.

3) Consolidate existing training and readiness instructions into an existing document.

4) Create a framework for a future Navigational and Tactical Assessments.

5) Identify additional afloat tactical training requirements, including Emission Control (EMCON), Maneuver Warfare, Tactical Situation (TACSIT), Deception, Tactical Communications, Mine Warfare and Anti-Submarine Warfare. Personnel, Equipment, Supply, Training and Ordnance (PESTO) pillars in Defense Readiness Reporting System – Navy (DRRS-N) will also be identified training requirements.

2.0 SCOPE OF WORK:

The scope of work for the MSC Readiness Manual includes all planning, development execution, implementation, research and coordination across MSC Headquarters and MSC Area Commands in order to produce a comprehensive readiness manual that consolidates existing instructions, outlines new tactical training requirements, new certification requirements, new afloat continuous training, and provides measures and instructions for measuring holistic readiness. Additional content may be added by the government during the performance period. The manual will be modelled after the Surface Force Readiness Manual (Attachment 1) and include all elements of the Readiness Manual’s outline provided in (Attachment 2). The manual will be in accordance with SECNAV M-5216.5 correspondence manual. This contract will be a firm fixed priced contract.

The selected Contractor will have intimate knowledge of Military Sealift Command worldwide 24/7/365 operations, U.S. Navy afloat operational experience, commercial maritime experience, including the fundamental principles and operational guidance and the operational-level doctrine which is distinct from the tactics, techniques, and procedures (TTP’s) used to guide the specific operation of platforms and systems. Additionally, the selected vendor will have evidence of experience with Maritime Operations Center (MOC) alignment and have verifiable knowledge of the Optimized Fleet Response Plan and Fleet Training Continuum.

Although the readiness manual will be UNCLASSIFIED, key personnel of the project management team shall be identified and shall have an active SECRET security clearance so they can attend classified briefings to understand and evaluate the logistic role MSC plays in supporting the warfighter in a contested environment and identify gaps that can be resolved by standardizing training requirements and assessments via the manual.

In order to provide a framework for Navigational assessments, key personnel on the project management team shall have experience conducting underway navigational and tactical assessments. The Contractor shall also have the ability to adapt those experiences to civilian manned ships where the bulk of Mariner knowledge is based on commercial shipping standards and training requirements set forth by the USCG (United States Coast Guard) using the International Maritime Organization’s (IMO) Standard of Certification and Watchkeeping (STCW) guidelines.

The selected Contractor will be responsible for all aspects of the readiness manual development from inception to completion. Contractors will be expected to coordinate across MSC’s worldwide staff with little input and guidance, however, MSC will provide timely feedback on finished sections of the manual. Each stage of the project will require approval from MSC’s Program Manager (PM) before moving on to the next stage. The selected vendor must ensure it has adequate resources for designing, building, copy writing, editing and publishing new readiness manual. Specific deliverables and milestones will be listed in the Work Requirements and Schedules and Milestones sections of this PWS.

This is a Performance Based Contract in accordance with FAR 37.6. The Contractor shall be evaluated on its ability to provide quality deliverables in an efficient manner. The Government shall monitor the Contractor's performance under this contract using the Quality Assurance Surveillance Plan (QASP) developed by the Government. Refer to Attachment 3.

Upon completion of the requirements of this Contract, the COR will complete a Contractor Performance Evaluation Survey. The results of this survey will be kept on file at MSC and will be used as a performance metric for future, similar MSC requirements.

Non-personal services shall be provided under this contract. Personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. The Contractor shall not under any circumstances perform inherently governmental functions (as defined in FAR 7.5) under this contract.

3.0 PERIOD OF PERFORMANCE

The period of performance for the Readiness Manual is 12 months, beginning on 21 Sept 2017 through 21 Sept 2018. All work must be scheduled to be completed within this timeframe. Any modifications or extensions will be requested through MSC Contracting officer for review and discussion.

4.0 PLACE OF PERFORMANCE

The majority of the content for the manual will come from collaborative discussions and follow up meetings with SME’s at MSC HQ as well as attending a large amount of regularly scheduled briefings and meetings to capture/map how the information flows between ships, Head Quarters (HQ), and within HQ to ultimately brief Commander Military Sealift Command (COMSC). The Contractor will be required to meet bi-weekly at MSC’s facility upon request by Program Manager (PM) (day and time TBD) for a status meeting. Additionally, all readiness manual reviews will be held at MSC’s facility and attended by the Contractor. MSC will provide and arrange for meeting spaces within its facility for all required Contractor’ meetings.

5.0 PERFORMANCE REQUIREMENTS:

As part of the readiness manual the Contractor will be responsible for performing tasks throughout various stages of this project. The following is a list of these tasks which will result in the successful completion of this project:

5.1 Kickoff:

· Contractor will create and present detailed project plan including schedule and reviews schedules, testing plan, implementation plan, training plan, and transition plan. The Kick off meeting will be scheduled by the COR within 5 days after the receipt of the award by the vendor.

· Contractor will present the project plan to MSC’s Program Manager (PM) for review and approval

5.2 Design Phase:

· Work with MSC Directorates, Program Managers, SME’s, Area Commands, Afloat Leadership, and training teams to gather requirements, overarching instructions and publications, and establish metrics

· Create design based on collected requirements in accordance with the Navy

· Develop Readiness Manual design proposal for MSC review and approval

· Present written status at the bi-weekly meeting

5.3 Publishing Phase:

· Contractor will complete all material for approved manual design

· Contractor will provide PM with a detailed publishing plan

· Contractor will include all content provided by PM.

· Contractor will resolve any discrepancies found by the PM identified in the reviews.

· Contractor will compile a discrepancy report to present to MSC for review/approval

· Present written status at bi-weekly meeting

5.4 Project Handoff/Closure:

· Contractor will provide PM with all documentation in accordance with the approved project plan

· Contractor will present project closure report to PM for review and approval

· Present written status at bi-weekly meeting

· Contractor will present 1 electronic editable copy and 20 hard copies of the final published manual.

5.5 DELIVERABLES/SCHEDULE/MILESTONES:

The Contractor will be required to meet the following milestones for completion of the readiness manual.

30% Completion Readiness Review60 days after receipt of award
50% Completion Readiness Review120 days after receipt of award
75% Completion Readiness Review180 days after receipt of award
95% Completion Readiness Review210 days after receipt of award
100% Completion by 21 Sept 2018

Note: All reviews will be required to be approved by the PM.

The government shall provide comments back to the contractor within 3 days of below timelines (if required). Maximum Error Rate/Accuracy - 0%

5.6 Task status report (Monthly)

Measurement/Metric – Accuracy and timeliness, they are due the first of each month, unless changed by the COR.

Performance Standard– Accuracy – no rejected reports due to major discrepancy
– Timeliness – within the first 10 days of each month.
Maximum Error Rate– Accuracy - 0%
– Timeliness – 0%

5.7 Commitment Summary report (at specified timelines)

Measurement/Metric – Accuracy and timeliness

Performance Standard– Accuracy – no rejected reports due to major discrepancy
– Timeliness – within 5 workdays of meeting.
Maximum Error Rate– Accuracy - 0%
– Timeliness – 0%

5.8 White Papers (as required)

Measurement/Metric – Accuracy

Performance Standard– Accuracy – no rejected reports due to major discrepancy
– Timeliness – as required

Maximum Error Rate – Accuracy - 0%

6.0 ACCEPTANCE CRITERIA:

For the reviews, the acceptance of all deliverables will reside with MSC’s PM. Once a project phase is completed and the vendor provides their report/presentation for review and approval, the PM will either sign off on the approval for the next phase to begin, or reply to the vendor, in writing, advising what tasks must still be accomplished.

Once all project tasks have been completed, the project will enter the handoff/closure stage. During this stage of the project, the vendor will provide their project closure report and project task checklist to PM. The acceptance of this documentation by the PM will acknowledge acceptance of all project deliverables and that the vendor has met all assigned tasks.

Any discrepancies involving completion of project tasks or disagreement between MSC and the chosen Contractor will be referred to both organizations’ contracting offices for review and discussion. Government personnel will sign off and accept the final version of the manual.

7. The required delivery and acceptance date is 21 Sept 2018. Delivery and acceptance will occur at MSC Sealift command 471 East C Street, Norfolk Va. 23511. The items being procured are to be provided FOB Destination.

8. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and is amended as follows:

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

a. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

b. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and “quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order.

c. The following paragraphs in FAR 52.212-1 shall not apply to this RFQ: b, c, f (except f (4)), and l.

d. The Government will consider all quotes that are timely received and may consider late quotes. Failure of a quote to address any items required in the submission package may make a quote unacceptable.

e. SUBMISSION PACKAGE

The quote shall contain the following: The quote must demonstrate an understanding of and ability to meet all of the requirements set forth in the RFQ’s performance work statement PWS. The Quoter shall provide sufficient detail to substantiate the validity of all statements. The Quoter shall demonstrate that the quote is in compliance with the requirements, terms, and conditions of the RFQ. Comprehensive responses to the requirements of the RFQ are required to enable the Government to evaluate the Quoter's understanding of and capability to accomplish the requirements of the PWS.

Quotes shall contain the following:

(a) Price Quote – Provide a firm-fixed-price (Total Price) quote which identifies the requested item(s), unit price, and extended price for the Readiness manual development services. Quoters must include any profit or overhead in this firm-fixed-price.

(b) Remittance address, Tax identification Number, DUNS number and Cage Code

(c) FAR 52.212-3-Offeror Representations and Certifications-Commercial Items. An offeror shall complete only paragraphs (b) of this provision if the offer has completed the annual representations and certificates electronically via http://www.acquisition.gov/ if an offer has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offer shall complete only paragraph (c) through (o) of this provision. For technical and other information needed for evaluation. See FAR Provision at 52.212-3.

(d) A completed copy of the representations and certifications at DFARS 252.212-7000 Representations and Certifications.

(e) Technical Approach – Provide a narrative description of the approach to accomplishing the Specific Tasks/requirements specified in the PWS to include work flow processes and a Quality Control Plan.

(f) Resumes are required for Key Personnel. Experience on the Project Management team must at a minimum, be comprised of:

(1) At least one member who has experience as Senior Military Officer with Surface Warfare Command Experience

(2) At least one member who has Afloat Commerical or MSC experience gained at the Management level in the Deck Department.

(3) At least one member who has Military Detachment (MILDEDT) Officer in Charge (OIC) experience aboard MSC CLF ship (NOTE: 1 member may posses more than one of the above criteria)

(g) Page limitations for quotes are as follows:

The quote, including the Price quote, Technical Approach, but not including resumes, title page, table of contents, cover letter, completed representations and certifications, past performance information and exceptions to the RFQ, shall not exceed 15 pages in length.

Resumes shall not exceed 2 pages each. Pages beyond limits stated above will not be evaluated.

9. FAR 52.212-2, Evaluation – Commercial Items

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:

Quotes will be reviewed and evaluated in accordance with the evaluation criteria identified below:

The three technical sub-factors are:

(i) Technical capability of the item offered to meet the Government requirement;

1. Technical Approach to the task - Provide a narrative description of the approach to accomplishing the Specific Tasks/requirements specified in the PWS to include work flow processes and a Quality Control Plan.

2. Personnel Qualifications - Key members of the project management team shall have an active SECRET security clearance. The currency, quality and depth of experience of individual personnel in working on similar projects shall be demonstrated in submission package. Similar projects must convey similarity in topic, dollar value, workload, duration, and complexity.

3. Organizational Experience - The response will be evaluated on the overall knowledge of the selected Contractor’s intimate knowledge of MSC’s worldwide 24/7/365 operations and the contractor must have U.S. Navy afloat operational experience, commercial maritime experience, including the fundamental principles and operational guidance and the operational-level doctrine knowledge, which is distinct from the tactics, techniques, and procedures (TTP’s) used to guide the specific operation of platforms and systems. Additionally, the selected vendor will have evidence of experience with Maritime Operations Center (MOC) alignment and have verifiable knowledge of the Optimized Fleet Response Plan, Fleet Training Continuum and Defense Readiness Reporting System - Navy (DRRS-N) .

(ii) Price - Lowest price technically acceptable

(iii) Past Performance;

1. The organizations history of successful completion of projects; history of producing high-quality reports and other deliverables; history of staying on schedule and within budget.

2. The quality of cooperation (with each other) of key personnel within your organization, and quality of cooperation and performance between your organization and its clients.

3. The organization’s specific past performance on prior similar efforts specified within this PWS.

Note: Only the last 3 years of the past performance is required.

10. All quoters must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items with its offer.

11. The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items applies to this acquisition.

12. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items applies to this acquisition. The following additional FAR clauses contained within FAR 52.212-5 Oct 2014 are applicable to this acquisition:

52.203-3 Gratuities (Apr 1984) 52.203–13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 52.212-1, Instructions to Offerors—Commercial Items (Jan 2017) 52.219–8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d) (2) and (3)) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

52.222–26, Equal Opportunity (Sep 2016) (E.O. 11246).

52.222–35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

52.222–36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

52.222–41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

52.222-50, Alternate I Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

52.222–53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

52.222–54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E. O. 13658).

52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

52.226–6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

13. MSC TERMS & CONDITIONS:

Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the offeror's/vendor's standard commercial terms and conditions. Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.

Enterprise-Wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Military Sealift Command via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1)W, Lease/Rental of Equipment;
(2)X, Lease/Rental of Facilities
(3)Y, Construction of Structures and Facilities;
(4)D, Automatic Data Processing and Telecommunications, IT and Telecom-Telecommunications Transmission (D304) and Internet (D322) ONLY;
(5)S, Utilities ONLY; and
(6)V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

BASIS FOR AWARD:

Award will be made to the responsible, technically acceptable quoter, whose quote, conforming to the Combined Synopsis/Solicitation, offers the lowest evaluated price and has an acceptable past performance.

MATERIAL(S) and SERVICE(S) - "Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the offeror's/vendor's standard commercial terms and conditions. Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation."

Wage Determination A wage determination, In accordance with the Service Contract Act of 1965, as amended, is hereby incorporated by reference in the contract and compliance with the same is mandatory: To be determined upon award of the contract.

14. This solicitation does not have a Defense Priorities and Allocation System (DPAS) rating.

15. SECURITY IDENTIFICATION OF NON-DISCLOSURE REQUIREMENTS

The Vendor will be required to work with business sensitive information in the performance of this PWS. No sensitive or proprietary information of, or in the possession of the Military Sealift Command, or any of its operating units, will be disclosed without the written consent of the Contracting Officer. A non-disclosure agreement concerning information gained or used during performing under this order must be signed prior to starting performance of the Contract. The agreement must be signed by any personnel who have access to sensitive business information and their employer.

The contractor shall comply with all applicable public laws, government regulations, and command procedures regarding privacy.

SECURITY REQUIREMENTS:

a. Work performed under this Contract will be at the SENSITIVE BUT UNCLASSIFIED and SECRET levels. Security requirements are described in the attached DD 254 (Attachment 5), which will be finalized following award.

b. The Contractor will be required to develop, produce, review, update, and deliver CLASSIFIED draft and final documents for the MSC COR and shall comply with SECNAVINST 5510.30B (Department of the Navy Personnel Security Program). The Contractor must comply with all provisions that are prescribed in FAR 52.204-2 (Security Requirements) and DFAR 252.204-7000 (Disclosure of Information), DFAR 252.204-7003 (Control of Government Personnel Work Product), and DFAR 252.204-7005 (Oral Attestation of Security Responsibilities). Before performing any work under this Contract, the Contractor must have a current Government approved facility security clearance (FCL) with a minimum of a SECRET level. All key personnel and personnel supporting exercises shall possess a current SECRET security clearance through the Defense Security Service (DSS).

c. The Contractor shall establish and maintain an access list of those employees working on the Contract. A copy of the access list shall be furnished to the MSC Security Manager, N15. All personnel reassignments and changes shall be provided via the revised access list to the MSC Security Manager, N15. MSC shall provide the Contractor access to all areas as necessary to support Contract performance. Upon completion or termination, all classified material furnished will be returned to the direct custody of the Information Assurance Manager (IAM), or destroyed in accordance with applicable instructions.

d. The Contractor shall comply with all applicable public laws, government regulations, and command procedures regarding privacy.

e. All personnel performing work under this Contract shall be United States citizens.

16. DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Contracting Officer has designated the persons named below as the authorized COR’s for this contract.

NAME: To Be Provided At Award

CODE:

ADDRESS:

PHONE:

EMAIL:

The COR is a representative of the Contracting Officer and is responsible for the following:

1. Providing Technical Direction

2. Final inspection and acceptance of all deliverables under the contract.

The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The COR does not have the authority to alter the Contractor's obligations or change the specifications in the contract or issue Task Orders. If, as a result of technical discussions, it is desirable to alter contract obligations or statements of work, a modification must be issued in writing and signed by the Contracting Officer. The COR is responsible for reviewing the invoices submitted by the Contractor and informing the Contracting Officer of areas where exceptions are to be taken. The COR authority is non-delegable. The COR may be personally liable for unauthorized acts.

17. AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

1. Except as specified in paragraph (3) below, no order, statement, or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicated with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause of this contract.

2. The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

3. The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provision contained elsewhere in this contract, said authority remains solely the Contracting Officer’s. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be make in the contract price to cover any increase incurred as a result thereof. The address and telephone number of the Contracting Officer is:

NAME:To Be Provided At Award
ADDRESS:
TELEPHONE:
EMAIL:

18. All work performed by the Contractor under the Contract shall become the exclusive property of MSC in which the Government shall have unlimited rights. The Contractor shall not deliver or otherwise provide to the Government technical data or computer software, to include the deliverables under the Contract, with restrictions, including those as to use, modification, reproduction, and transfer, or with restrictive markings.

At any and all times, the Contractor agrees to promptly provide to the Government at no additional cost such documents, codes or other materials and information that are necessary to permit the Government’s full enjoyment of its rights in the deliverables as described above.

19. Quotes may be only hand delivered, mailed, or e-mailed directly to paul.staley@navy.mil, the sole
designated E-mail address and inbox for receipt of E-mail submissions. No other electronic means ofsubmission, used in whole or in combination with E-mail, is permitted. No other method of submission isacceptable.

E-mail quotes shall be in either Adobe or Microsoft Office format. Quoters are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. To be timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the 08 Sept 2017 @ 8:00 am Norfolk Virginia time for quote submission.

Hand delivered and mailed quotes shall be sent to the following location:

Military Sealift Command
Attention: Paul Staley, code N102B, Second Floor
471 East C Street

Norfolk Virginia 23511

Access to the Navy facility or MSC office is restricted. Quoters, couriers, and delivery services may encounter unpredictable and lengthy delays or denied access when attempting to enter that facility. Similarly, mailed and emailed quotes may encounter unpredictable and lengthy routing delays. In all cases, quoters are responsible for the risks associated with the chosen delivery method and for ensuring the Government receives the complete quote at the appropriate designated location prior to the due date and time for quote submission. Both a hard copy and electronic copy of quote submissions is required, the electronic copy will be considered the official quote submission for evaluation purposes.

20. For additional information regarding this solicitation contact Paul Staley at paul.staley@navy.mil.

21. The following additional FAR and DFARS clauses are applicable to this acquisition:

The following FAR and DFARS provisions and clauses apply to this solicitation and are incorporated by reference:

52.204-7System for Award Management (Oct 2016)
52.212-3 Alt IOfferor Representations and Certifications – Commercial Items—Alt I (Oct 2014)
52.212-4Contract Terms and Conditions-Commercial Items (May 2015)
52.225-25Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification (Oct 2015)
52.232-18Availability of Funds (Apr 1984)
52.232-39Unenforceability of Unauthorized Obligations (Jun 2013)
52.232-40Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
252.203-7000Requirements Relating to Compensation of Former DOD Officials (Sep 2011)
252.203-7002Requirement to Inform Employees of Whistleblower Rights (SEP 2013)
252.203-7005Representation Relating to Compensation of Former DoD Officials (Nov 2011)
252.204-7000Disclosure of Information (OCT 2016)
252.204-7003Control of Government Personnel Work Product (Apr 1992)
252.204-7012Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016)

252.215-7007 Notice Of Intent To Resolicit (JUN 2012) 252.215-7008 Only One Offer (OCT 2013)

252.225-7043Antiterrorism/Force Protection Policy for Defense Contractors Outside the US (JUN 2015)
252.225-7995Contractor Personnel Performing in the United Sates Central Command Area of Responsibility (DEVIATION 2011-O0004) (APR 2011)
252.232-7003Electronic Submission of Payment Requests and Receiving Reports (Jun 2012)
252.237-7010Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2013)
252.244-7000Subcontracts for Commercial Items (MAY 2014)
252.246-7003Notification of Potential Safety Issues (Jun 2013)
252.247-7023Transportation of Supplies by Sea (APR 2014)

52.212-3 Offeror Representations and Certifications -- Commercial Items (Oct 2016) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (s) of this provision.

(a) Definitions. As used in this provision-- “Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1) (i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b) (2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (s) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is; [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c) (1) of this provision.] The offeror represents as part of its offer that it [_] is; [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c) (2) of this provision.] The offeror represents as part of its offer that it [_] is; [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c) (1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c) (1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c) (8) and (c) (9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c) (5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c) (6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c) (1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c) (1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_]…

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