N32205-17-R-3002-0003.docx
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OPDS Amendment 0003
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N32205-17-R-3002
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION SF 30 - BLOCK 14 CONTINUATION PAGE
The following have been added by full text:
AMENDMENT 0003
MILITARY SEALIFT COMMAND
N32205-17-R-3002 OPDS Operation and Maintenance
QUESTIONS AND ANSWERS
The following are answers to questions received from potential offerors. The answers provide clarification only.
1. The evaluated OPTEMPO from section O does not match solicitation section 1.1.5. Please clarify.
ANSWER: Section J, Attachment O – Pricing Forms have been revised.
2. SF 33 - Due to the numerous revisions/clarifications and updated attachments needed for the RFP, we respectfully request an extension for the due date for Submission of Offers to February 13, 2017.
ANSWER: The solicitation closing date remains 23 January 2017 by 1300.
3. Section L:
a. We do not see a clear page counts identified throughout Section L-13 Submission of Offers and Section L-14 for General Proposal Requirements, B. Technical Proposal Requirements. Please clarify.
ANSWER: Technical proposals are limited to 35 pages, plus a 2 page addendum per ship, single sided, excluding fold-outs, blank pages, title pages, tab indices, table of contents, resumes, and employment agreements. A maximum of fifteen fold-outs, no longer than 24 1/2 “ x 11” is permitted; fold-outs may be used for charts and diagrams only. Text pages, graphs, fold-outs or any other information in excess of these limits will not be considered in the evaluation. All volumes are to be typed no smaller than 12 point font, either single or double-spaced on standard 8 ½ x 11 paper.
Past technical performance narratives shall be submitted within solicitation Attachment I along with your proposal. As part of the past technical performance narrative, offerors are requested to provide the specific Government or Commercial contract numbers under which the experience was gained. Along with the contract number, offerors shall provide a point of contact and email/phone number contact information. Narratives shall not exceed 10 pages in length (Time New Roman font size 12). Separate narratives shall be provided for each of the past technical performance experience subfactors.
b. In reference to section L-13 Submission of Offers, is it acceptable to submit Initial Proposals via CD or is it electronic submission only? Also, please clarify what you want on Vol I and Vol II for submission.
ANSWER: The proposal should be submitted electronically only. The price, technical past performance, solicitation/amendments should be separate from the technical.
c. IV. Past Technical Performance – In reference to Attachment R, Technical Past Performance Questionnaire, there are no clear instructions regarding this form. Typically, this would be included in the “NOTE” paragraph at the end of IV. Past Technical Performance. Please clarify.
ANSWER: Section J, Attachment R – Technical Past Performance Form has been corrected.
4. Attachment A OPDS Technical Manual OPDS & Attachment O Pricing Forms Revised OPDS TM per Amendment 0001, page 118 manning chart does not align with pricing sheet. Specifically, FMOS Manning (non DOZER Pull). The TM states a crew of 36 (including 8 Mission Specialists). The pricing sheet, tab “C-FMOS” calls out for 35 personnel. There is one additional steward department billet in the TM. Also, should cell A50 read “Mission Specialist for OPDS”, instead of “Ordinary Seamen”? Please clarify.
ANSWER: Section J, Attachment O – Pricing Forms have been revised.
5. Attachment B Department of Labor Wage Determination - In reference to the original RFP, Attachment B – DOL-CBA – Wage Determination and Amendment 0001, Attachment B - Add’l Info- Wage Determination, the copies provided are not clearly legible. Please provide a clearer copies so that we can obtain CBAs.
ANSWER: Section J, Attachment B – DOL-CBA – Wage Determination was re-issued in amendment 0002.
6. Crewing Tab/ C Forms Issues:
a. Please confirm the Steward Department ratings & complement in Section 19 of the Technical Manual. The numbers don’t seem to align properly.
b. Please update the Crewing tab to account for Assistant Cook in Forms C-ROS, C-RAV, and C-FMOS. The Assistant Cook position is missing in the aforementioned sections of the form.
c. Form C-FMOS: Please update rating Ordinary Seaman to Mission Specialists for OPDS on Crewing tab. Currently doesn’t reflect manning outlined in the OPDS Technical Manual.
d. Form C- ROS & Form C-RAV: Should the Ordinary Seaman ratings be updated on the Crewing tab to Mission Specialists for OPDS in ROS/RAV or is MSC requesting that two Ordinary Seamen be placed on the vessel during these time periods? Please clarify or update to reflect requirement.
e. The Optempo numbers in both the Crewing tab and Form B reflect an entire fleet of vessels in ROS status versus one vessel in FOS. The solicitation states that the ship (not a fleet of vessels) will spend a majority of the time fully manned in FOS status during the contract performance period. Please clarify or update to reflect requirement.
f. The per diem summary/overall evaluated price on Forms A and B are not in the page setup. The forms aren’t locked down so the offerors can fix this issue; however, it could cause issues in the evaluation process for MSC. Should offerors adjust as they see fit or will MSC update?
ANSWER: Section J, Attachment O – Pricing Forms have been revised.
7. Attachment R (Technical Past Performance Questionnaire) appears incomplete; there is no section “A” and sections “B, C and D” are repeated, albeit slightly modified, on pages 5 and 6. Does the government intend to publish a revised version of Attachment R that can be forwarded to potential references and, if so, will the deadline for submissions be extended past the due date for the RFP response?
ANSWER: Section J, Attachment R – Technical Past Performance Form has been corrected.
8. According to sections 1.7.1.2 and 1.7.1.3 pertaining to manning requirements in RAV and ROS-5, it states that, “The number and ratings of the RAV crew will be negotiated on a case-by-case basis prior to the start of the availability and will be based on crew specific requirements.” The pricing sheets on form C for RAV and ROS-5 show a crew size of 14 and manning specifications. Please clarify how ROS-5 and RAV should be priced.
ANSWER: J-Attachment O – Pricing Forms have been revised and are now in accordance with Section 19 of the OPDS Technical Manual.
3. When transitioning from ROS-5 to FOS, there will be additional costs associated with the phase change such as training. Will these additional costs also be negotiated? Or will you consider adding a transition cost element to the pricing sheets?
ANSWER: IAW Section C-1.1.3, it is anticipated that all ships will be in FOS. Reimbursable items will be IAW Section B-1.3, the Reimbursable services table in Section B and G-8.
SECTION F - DELIVERIES OR PERFORMANCE
The following have been modified:
DELIVERIES OR PERFORMANCE
F-1 PERIOD OF PERFORMANCE
(a) Performance of the contract shall commence upon the delivery of the ship on or about August 20, 2017. There will be approximately a two-week turnover and familiarization period prior to delivery to commence August 1, 2017. Should Option One be exercised, the Contractor will be notified of the Government's intent to exercise the option at the time of contract award. The periods of performance including the designated firm and option periods are as follows:
| Period |
| Dates |
| Days |
| Year 1 |
| August 1, 2017 – July 31, 2018 |
| 365 |
| Year 2 |
| August 1, 2018 – July 31, 2019 |
| 365 |
| Year 3 |
| August 1, 2019 – July 31, 2020 |
| 366 |
| Year 4 |
| August 1, 2020 – July 31, 2021 |
| 365 |
| Year 5 |
| August 1, 2021 – July 31, 2022 |
| 365 |
(b) The first year constitutes the number of days from the anticipated delivery date of the vessel to the end of the corresponding fiscal year. Accordingly, the 1-year periods correspond to the Government’s fiscal year. However,
i) these periods may be extended in accordance with FAR clause 52.217-8, Option to Extend Services the Term of the Contract.
ii) any voyage in progress on the date of contract expiration shall be completed by the Contractor;
iii) the performance of Phase-Out services may be required beyond the scheduled termination date as stated in Section I, FAR clause 52.237-3, Continuity of Services; and
iv) these periods may be shortened through the effect of the Contract expiration/termination provisions. The period of time required for performance of the joint inventory at the termination of the contract shall also be deemed to be within the contract performance period. If a vessel has a voyage in progress on the date of contract expiration, the applicable per diem rate for that vessel for the period beyond the expiration date shall be the per diem rate that is in effect on the last day of the contract.
v) the performance period commencement date may be shifted day-for-day to accommodate delays in performance attributable to award term options, protests, weather delays in vessel arrivals, and delays in vessel availability due to on-going missions/voyages, which preclude turnover on or about the dates shown below.
F-2 PLACE AND DATE OF DELIVERY
(a) The ships are currently operated by a Contractor. The Government shall deliver the OPDS at the conclusion of the familiarization period, which is not to exceed twenty (20) days. Contract performance starts upon delivery of the vessels. No variation of delivery dates or delivery points shall affect the Contractor’s duty to accept delivery of the vessels for operation under this contract, nor shall any such variation be a basis for any adjustment to the Contract price. The place of delivery is anticipated to be Far East. The Government shall provide actual places and scheduled dates of delivery by giving written notice to the Contractor not less than thirty (30) days in advance of the anticipated delivery.
(b) Familiarization/Phase-In: Prior to commencement of performance the Government will provide the Contractor with a familiarization/phase-in period which is anticipated to commence 01 August 2017. The Contractor shall develop comprehensive procedures for phasing in Contractor performance to the level prescribed and within the time allowed under the terms of this Contract. The purpose of this familiarization/phase-in period is to allow the Contractor access to the vessels to observe operation of communication equipment, become familiar with the squadron, participate in development of joint inventories and sign for Government-furnished Property (GFP). The Contractor shall take all actions necessary for a smooth transition of contracted operations. The Contractor shall develop a familiarization/phase-in plan, including costs, in accordance with the guidance in Section C-3.5.1.4. The plan shall be submitted to the Contracting Officer for approval within fourteen (14) days after award. The costs of the familiarization period will be reimbursed in accordance with the contract.
F-3 REDUCED OPERATIONAL STATUS (ROS)
(a) At any time the Government may, at its option and upon notice to the Contractor in accordance with the provisions of subparagraph (e) below, place the vessel in Reduced Operational Status (ROS) for any duration.
(b) During such ROS periods, the then current daily ROS rate contained in Section B will apply.
(c) The Government shall reimburse the Contractor for reasonable direct expenses incurred with the Contracting Officer's approval in connection with a vessel in ROS. These direct expenses include the following: (i) total wages and subsistence for additional crew remaining on board with the prior written approval of the Contracting Officer; (ii) transportation costs of additional crew members leaving or returning to the ship; and (iii) any extraordinary expense incurred with the Contracting Officer’s approval. The Contractor shall minimize all such direct expenses and shall request the Contracting Officer’s prior approval of any action affecting such costs whenever practicable.
(d) During any such period of ROS, the Government and the contractor shall have the privilege of performing repairs or other work for their respective accounts. During such periods the vessel shall not be deemed to be in RAV status pursuant to Contract RAV provisions.
(e) The Government shall give the Contractor written or telegraphic notice of exercise of the option specified in subparagraph (a) above. In the event notice is given by telephone, a written or telegraphic confirmation will be provided. Such notice shall specify the time at which the period of ROS is to commence, which (i) shall not be less than 48 hours subsequent to the receipt of such notice by the Contractor or his representative, or (ii) shall be a later time at which the vessel can reasonably be brought to a safe port for the duration of the ROS period. The Government shall give the Contractor written or telegraphic notice within a reasonable period of time (in the event notice is given by telephone, written or telegraphic confirmation) of termination of the period of ROS.
F-4 REPAIR AVAILABILITY STATUS
(a) The vessel shall be placed in Repair Availability Status (RAV) during regular overhaul, dry docking or midterm availability or during any period when the ship is undergoing alterations for the Government's account.
(b) Repair Availability (RAV). The per diem rates for RAV will only include direct costs for expenses other than wages and fringes (specifically costs for insurance and other ship expenses), as well as indirect costs, G&A and Profit. Crew wages/fringe costs and provisioning for Repair Availability (RAV) will be negotiated on a case-by-case basis prior to a ship entering RAV, and will be based on specific crew requirements.
(c) Subject to the notice provision in subparagraph (d) below, RAV shall commence no earlier than twenty-four (24) hours after entering the shipyard, repair facility, or berth and shall cease no later than twenty-four hours (24) prior to departure.
(d) The Government shall give the Contractor written or telegraphic notice of exercise of the option specified in subparagraph (a) above. In the event notice is given by telephone, a written or telegraphic confirmation will be provided. Such notice shall specify the time at which the period of RAV is to commence, which shall not be less than forty-eight (48) hours subsequent to the receipt of such notice by the Contractor or its representative. The Contractor shall give the Government written notice at least seventy-two (72) hours (Saturdays, Sundays and holidays excluded) prior to the completion of the maintenance and repair type work and readiness of the ship to resume full operational status. Within twenty-four (24) hours (Saturdays, Sundays and holidays excluded) of receiving the Contractor's notice, the Government shall confirm the date upon which the RAV period shall terminate. Nothing herein shall prevent the Contractor and the Government from mutually agreeing to the termination of the RAV period and changing operating status to FOS or ROS prior to the time required by these notice provisions.
F-5 TIME OF DELIVERY
(a) The Government requires delivery to be made according to the following schedule:
REQUIRED DELIVERY SCHEDULE
| ITEM DESCRIPTION |
| INITIAL DELIVERY |
| FINAL DELIVERY |
| Quality and Management Plan IAW Section C |
| 60 days after contract award |
| 120 days after the start of contract performance |
Contractor Training and Indoctrination Program IAW Section C
| 60 days after contract award. |
| 30 days after Government provides comments |
| Property Control Plan IAW the Technical Manual |
| 60 Days after contract award |
| 30 days after Government provides comments |
Safety Management System (SMS) Implementation Plan IAW Section C
| 30 days after contract award |
| 30 days after Government provides comments |
| SMS Documentation |
| 30 days after contract award |
| Submit semi-annually thereafter |
| Sexual Harassment Policy IAW Section C |
| 60 days after contract award |
| 30 days after Government provides comments |
| Prohibited Substances Policy IAW Section C |
| 60 days after contract award |
| 30 days after Government provides comments |
| Purchasing System |
| 15 days after contract award |
| 30 days after Government provides comments |
| Key Billet Resumes (shoreside and shipboard personnel)* |
| 15 days after contract award |
| As needed IAW Section C |
* This deliverable shall consist of one complete, indexed set of resumes and other required documentation for all key shoreside and shipboard billets to be assigned to this contract. Any proposed substitute key personnel from those included in the Offer shall be clearly identified in a cover letter to accompany this deliverable in accordance with Section H-2.
SECTION I - CONTRACT CLAUSES
The following have been modified:
52.243-7 NOTIFICATION OF CHANGES (APR 1984)
(a) Definitions.
"Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer.
"Specifically authorized representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.
(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing, within 10 calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state--
(1) The date, nature, and circumstances of the conduct regarded as a change;
(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;
(3) The identification of any documents and the substance of any oral communication involved in such conduct;
(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;
(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including--
(i) What contract line items have been or may be affected by the alleged change;
(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;
(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;
(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and
(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance.
(c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in (b) above, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall countermand any action which exceeds the authority of the SAR.
(d) Government response. The Contracting Officer shall promptly, within 14 calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either--
(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;
(2) Countermand any communication regarded as a change;
(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or
(4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) above, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.
(e) Equitable adjustments.
(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made--
(i) In the contract price or delivery schedule or both; and
(ii) In such other provisions of the contract as may be affected.
(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b) and (c) above.
Note: The phrases “contract price” and “cost” wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or incentive contracts, or to combinations thereof.
(End of clause)
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