N3220519R0054__Amendment_Three.pdf

N322058229N7A1

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

This Amendment updates the Perforamnce Work Statement, updates Price Table (Exhibit A), add 52.212-4 Addendum, updates Attachment 8, incorporates a Quality Assurance Surveillance Plan, provides responses to questions from potential offerors, and extends the due date by tw o w eeks.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 22

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

16C. DATE SIGNED

BY 04-Feb-2019

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 N3220519R0054

X 9B. DATED (SEE ITEM 11)

20-Dec-2018

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 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

04-Feb-2019

CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-64 NAVAL STATION N

NORFOLK VA 23511

N32205 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N3220519R0054

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 07-Feb-2019 02:00 PM to 21-Feb-2019 12:00 AM.

TABLE OF CONTENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Exhibit A Exhibit A Price Table 20-DEC-2018

Exhibit B Contract Data

Requirements List

10 20-DEC-2018

Attachment 1 Performance Work

Statement

32 22-JAN-2019

Attachment 10 Past Performance

Questionnaire

4 20-DEC-2018

Attachment 2 Paint Approval

Procedures and Products

24 20-DEC-2018

Attachment 3 Reserved 1 20-DEC-2018

Attachment 4 MSC Vessel Coating

Chart

1 20-DEC-2018

Attachment 5 Worldwide Support

Requirement

4 20-DEC-2018

Attachment 6 Training Outline 3 20-DEC-2018

Attachment 7 Request for Estimate 1 20-DEC-2018

Attachment 8 MSC DBIDS Force

Protection List

7 20-DEC-2018

Attachment 9 Reference Information

Sheet

2 20-DEC-2018

to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Exhibit A Exhibit A Price Table 2 01-FEB-2019

Exhibit B Contract Data

Requirements List

10 20-DEC-2018

Attachment 1 Performance Work

Statement

Attachment 10 Past Performance

Questionnaire

4 20-DEC-2018

Attachment 2 Paint Approval

Procedures and Products

24 20-DEC-2018

Attachment 3 Quality Assurance

Surveillance Plan

09-OCT-2018

Attachment 4 MSC Vessel Coating

Chart

1 20-DEC-2018

Attachment 5 Worldwide Support

Requirement

4 20-DEC-2018

Attachment 6 Training Outline 3 20-DEC-2018

Attachment 7 Request for Estimate 1 20-DEC-2018

Attachment 8 MSC_DBIDS Force

Protection List

2 04-FEB-2019

Attachment 9 Reference Information

Sheet

2 20-DEC-2018

The following have been added by reference:

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7008 Restriction on Acquisition of Specialty Metals MAR 2013

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.225-7021 Trade Agreements--Basic DEC 2017

The following have been added by full text:

52.212-4 ADDENDUM

Warranty of Marine Coatings

(1) The Contractor shall warrant against failure of its products as applied by a shipyard or industrial assistance when

Contractor is providing Field Service Technical Representation for availabilities.

The warranty shall apply to both the following:

1. Warrant paint is useable up to the expiration date

2. Warrant that paint is applied in a correct manner so that it will last two (2) years after date of application.

The warranty shall extend to those surface areas where the Contractor’s products are feathered or applied over any properly prepared substrate or any existing coating listed in the appropriate section of Attachment (A) and

Attachment (C).

(2) “Premature failure” for purposes of this contract is defined as any defect or discontinuity in the new paint film that occurs after the Field Service Technical Representative has inspected and approved the final, cured and dried coating and pronounced it acceptable to the MSC Representative. Helo decks may also be subject to third-party inspection and approval. Failure includes delaminating, blistering, rust-through, dissolution, softening, flaking, cracking, peeling or any other defects in the newly applied film.

Premature failure does not include normal chalking, fading, staining, aging or mechanical damage that would occur once the ship has returned to service.

Causes for premature failure may be due to material deficiencies of the Contractor’s products or improper application procedures by a shipyard; neither cause shall void this warranty except as provided below.

(3) This warranty shall not be voided by improper application efforts or procedures by the shipyard unless the

Contractor’s on-site technical representative provides timely notice of such misapplication to the Government representative. Notice given more than eight hours after the fact shall be untimely; verbal notice may be given immediately, but it is acceptable only if it is followed by written notice within 24 hours. The notice shall clearly describe the affected areas (time, location, square footages, coatings involved), the nature of the misapplication and remedial action that must be taken to correct the problem.

Once the MSC Representative has caused corrective action to be taken by the shipyard, then the Contractor’s warranty shall be considered to be in effect. If corrective action is not accomplished, then the Contractor’s warranty will not apply to the affected areas.

(4) The remedy for coating failures within the warranty period shall be for the Contractor to furnish, at no cost to the

Government, all quantities of materials and technical representative services necessary to recoat the failed area.

Materials shall be delivered to and technical services shall be performed at any location (domestic or foreign) that suits the Government’s purposes. The materials shall be delivered in accordance with the required delivery schedule set forth in Paragraph 10.2. In the case of antifouling coatings, in addition to the requirements above, the Contractor shall provide scamping of the underwater hull at no cost to the Government if more than twenty (20) percent of the underwater hull is heavily fouled (heavy grass, barnacles, mollusks, annelids, hydroids, or bryozoa) due to poor performance of the antifouling within two (2) years of application. Exceptions will be granted by the Government on a case by case basis for ships that sit for extended periods in high growth areas.

Warranty of Supplies

(a) Definitions. As used in this clause—

“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

“Supplies” means the end items furnished by the Contractor and related services required under this contract. The word does not include “data.”

(b) Contractor’s obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for one year after delivery for reagents and equipment and two years after delivery for chemicals and test equipment.

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor’s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor’s plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days of the last delivery under this contract.

(2) Within a reasonable time after the notice, the Contracting Officer may either—

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof

(including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3)(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract.

The Contracting Officer—

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of re-inspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor’s expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement.

(4)(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor—

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor’s account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

252.225-7000 BUY AMERICAN--BALANCE OF PAYMENTS PROGRAM CERTIFICATE--BASIC (NOV

2014)

(a) Definitions. Commercially available off-the-shelf (COTS) item, component, domestic end product, foreign end product, qualifying country, qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state, South Caucasus/Central and South Asian (SC/CASA) state end product, and United States, as used in this provision, have the meanings given in the Buy American and Balance of Payments Program--Basic clause of this solicitation.

(b) Evaluation. The Government--

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal

Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program-- Basic clause of this solicitation, the offeror certifies that--

(i) Each end product, except those listed in paragraph (c)(2) or (3) of this provision, is a domestic end product; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The offeror certifies that the following end products are qualifying country end products:

___ (Line Item Number Country of Origin)

___ (Country of Origin)

(3) The following end products are other foreign end products, including end products manufactured in the United

States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of ``domestic end product'':

(Line Item Number) ___

(Country of Origin (If known)) ___

(End of provision)

The following have been modified:

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

(a) Proposals may be only hand delivered, mailed and/or e-mailed directly to derek.l.willis@navy.mil; the sole designated E-mail address and inbox for receipt of E-mail submissions. No other electronic means of submission, used in whole or in combination with E-mail, is permitted. One (1) hard copy and one (1) electronic copy of the proposal is required. In the event that an electronic copy is submitted via email, the first version received will take precedence if there is evidence of a conflict.

1. E-mail proposals shall be in either Adobe or Microsoft Word format, with the exception of the signed

1449 and any amendments, which must be included in a proposal as scanned .pdf files, and the price proposal, which must be submitted in Excel format. Offerors 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 proposal must be received in its entirety in the designated E-mail inbox by the due date and time for proposal submission. An E-mail proposal that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for proposal submission will be considered late unless the exception at FAR 52.212-1(f)(2)(i)(A) applies. The exception at FAR

52.212-1(f)(2)(i)(B) shall not apply to E-mail proposals.

Additionally, electronic files can be sent via the ARL (SAFE). ARL Secure Access File Exchange

(SAFE) is a service to make it easy for you to exchange files, including large files up to 8.0 GB, that can't be sent through email. There are no user accounts for ARL SAFE - authentication is handled via email and CAC. Everyone has access to ARL SAFE, and the application is available for use by anyone. The ARL SAFE application can be accessed via https://safe.arl.army.mil/.

2. Hand delivered and mailed proposals shall be sent to the following location and must be received there prior to the due date and time for proposal submission:

Military Sealift Command

Mr. Derek Willis, N102C

471 East C Street, Building # SP-64

Norfolk, VA 23511

Access to the Navy facility / MSC office is restricted. Offerors and couriers and other delivery services may encounter unpredictable and lengthy delays or denied access when attempting to enter that facility. Similarly, mailed and emailed proposals may encounter unpredictable and lengthy routing delays. In all cases, Offerors are responsible for the risks associated with the chosen delivery method and for ensuring that the Government receives the complete proposal at the appropriate designated location prior to the due date and time for proposal submission.

(b) PROPOSAL REQUIREMENTS

The successful proposal will be incorporated into the resultant contract as an attachment to the extent it is not inconsistent with the terms and conditions of the RFP. If terms inconsistent with the RFP are proposed, they must be clearly stated in offeror’s Cover Letter.

Offerors shall follow the guidelines set forth below for submission of its offer(s) and shall address all relevant requirements for the worldwide Paint requirements. The Government may waive informalities and minor irregularities in proposals received. The proposal requirements shall be organized by Section as follows:

PROPOSAL REQUIREMENTS ORGANIZATION:

SECTION TITLE

-- Title Page/Table of Contents

1 Technical Proposal

2 Past Performance

3 Price Proposal

4 Solicitation Compliance

1. TECHNICAL PROPOSAL. THE PROPOSAL PACKAGE SHALL INCLUDE:

The technical volume of the proposal shall present the offeror’s understanding of the scope of the contract and its overall approach to meeting the requirement in the Statement of Work. The proposal must be complete and in sufficient detail to demonstrate both an understanding of and ability to comply with the requirements of the solicitation. The following restrictions and requirements apply to technical proposals:

A. Offerors shall not make mere general statements; the offeror can or will comply with the requirements, that standard procedures or well-known techniques will be used, or that paraphrase the statement of work in whole or in part.

B. The information requested in these instructions must be submitted. The proposal must be concise, logical, neat, orderly, and comprehensive and contain no extraneous material.

Elaborate brochures, artwork, expensive paper and bindings, and presentation aids beyond those sufficient to present a complete and comprehensive proposal are neither necessary nor desired.

C. Offeror shall submit a technical proposal for MSC worldwide paint requirements as described in this solicitation. The technical proposal shall be organized by Section as follows:

TECHNICAL PROPOSAL ORGANIZATION:

SECTION TITLE

-- Title Page/Table of Contents

1 Technical Approach

2 Organizational Approach

3 Delivery and Distribution Approach

D. Technical proposals shall follow the outline format and include the content requirements set forth below. Each section shall be separately divided. In addition, all proposal pages and paragraphs shall be numbered. No pricing information shall be included in the technical proposal. Any technical proposal that includes pricing will automatically render the proposal unawardable.

1. Sub-Factor 1: Technical Approach

Offerors shall provide all necessary information and documentation to demonstrate they meet the technical requirements for the categories listed below.

Technical proposals shall not exceed 100 pages. Individual resumes shall not exceed two (2) pages per resume. Offeros shall include in their technical proposal a copy of

Exhibit A, without pricing to demonstrate the proposed product descriptions. All

Offeror documentation, such as foldouts, charts, figures, tables, are included in the

100-page limit. Tables of contents, dividers, pages intentionally marked as blank for ease of read and resumes are not included in the 100-page limit. All material in excess of the page limits will neither be read or evaluated.

i. Paint, Coatings and Solvents

a. Paint products, coatings, solvents, preservation products, and engineering / technical services.

b. Offeror shall describe their approach to satisfying the requirements of

Performance Work Statement (PWS) Section 2.

ii. Additional Products

a. Offeror shall describe their approach to satisfying the requirements of PWS

Section 3.

iii. Management, Handling, Transportation, and Removal of Manufacturer's Product

Sections 7.

iv. Packing and Marking

Sections 8.

v. Product Substitution and Technical Improvements

Sections 9.

2. Sub-Factor 2: Organizational Approach

i. Personnel

a. Offerors shall submit a resume for each proposed key personnel and other personnel to meet the requirements of PWS Section 4.

ii. Program Management

a. Offeror shall describe its current corporate structure and that of any major subcontractor. It shall also describe proposed changes to the current organizational structure that will be used to manage the requirements of the contract. Describe measures that will be taken to ensure adequate performance levels will be maintained.

b. Offeror shall provide organizational charts for the overall corporation or firm, any special team, and any special subsidiary or major subcontractor.

Organizational charts shall be provided via a foldout. In each block of organizational charts, provide the position title and whether it is a key billet or a billet the offeror considers critical to successful performance. The chart shall include all key personnel positions in the proper organizational context and clearly show lines of communication and lines of authority within the whole corporate structure. The chart shall also identify positions assigned to other Government efforts in whole or in part. The percentage of dedication for each position must be included within the organizational chart. Offerors shall clearly differentiate between lines of communication and lines of authority.

c. Offerors shall submit a Program Management Plan to describe their approach to meet the requirements in PWS Section 5.

d. Offeror shall describe their Managerial Approach to meet the requirements of PWS Section 5.

e. Offerors shall submit a copy of their Quality Control Plan.

3. Sub-Factor 3: Delivery and Distribution Approach

i. Delivery of Goods and Services

Offerors should provide the following information regarding their distribution network:

a. Description of its proposed distribution network, which shall include the following:

• Delivery arrangements

• Overall approach to ensuring the complete and timely delivery of all orders

• Experience operating such networks

b. Listing of ports served by the Offeror pursuant to normal commercial activities.

c. Description of the Offeror’s capability to support deliveries in ports NOT supported by normal commercial activities but specified as main ports in

Attachment 5. More specifically, description of how the Offeror plans to deliver to each main port and zone specified in Attachment 5.

d. Description of the Offeror’s manufacturing process and inventory procedures, which shall include the following:

• List of worldwide manufacturing facilities, warehouses, tinting facilities, and stock points

• Stock control procedures

• Planned stocking levels

e. Explanation of how orders, which may include the entire scope of the contract, will be fulfilled for each main port described in Attachment 5. The

Offeror shall also list the source from where the stocks will be furnished and the transportation mode to the main port.

f. Description of any expected constraints or limitations regarding the types and/or quantities of products that the Offeror can deliver in a given main port or geographic zone within the required timeframe and an explanation how the

Offeror plans to address such constraints or limitations to ensure complete and timely delivery.

g. Description of any corporate or local “shut down” periods which would impact contract performance.

h. Description of how warehouses and stock points will support the contract during any “shut down” periods.

i. Description of how extra materials will be stocked worldwide in anticipation of “shut down” periods. If no extra stocking is anticipated, the

Offeror shall describe how it shall make timely delivery.

j. Description of the normal work week and local holidays that the Offeror recognizes at each location OCONUS.

k. Description of any present business activities in Guam, Korea, Bahrain, and Philippines

l. Description of the impact of Korean, Vietnam, and, Philippines laws upon

Offeror’s products.

m. Statement whether or not the Offeror will accept expired paint products under the incumbent contract

2. PAST PERFORMANCE

Offerors are requested to provide information on up to three (3) Government contracts whose effort is/was similar to the effort required by this RFP.

A Reference Information Sheet, Attachment 9, is requested to be submitted for each contract to be considered as past performance. Offerors shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of this RFP; a detailed description of the work performed for the contract; and the role performed, including whether the Offeror acted as a prime contractor or a subcontractor. Offerors are responsible for the accuracy of all data provided. Past performance information regarding predecessor companies, key personnel who have relevant experience and subcontractors that will perform major or critical aspects of the requirement may be provided as past performance submissions.

Additionally, Past Performance Questionnaires, Attachment 10, are to be provided by the past performance source listed in the Reference Information Sheet.

3. PRICE PROPOSAL

A. Offerors must complete the 1449 to include CLIN pricing for each CLIN except the CDRL CLIN.

The CDRL CLIN is Not Separately Priced (NSP).

B. Offerors must complete the Price Table, Exhibit A, for each product and service identified in the

Price Table. The Offeror is responsible for any calculations within the Price Table. Offeror's must submit the Price Table in a Microsoft Excel Document and if preferred, in an Adobe PDF

File format.

C. Rates for Service Calls, Paint and Chemical Analysis, Shore side Training, and Field Service

Technical Representatives for availabilities are all-inclusive to include any travel and delivery charges associated with those services.

D. The FFP amount for CLIN 0006, Option to Increase Quantity (FAR 52.217-6), is estimated at

$6,000,000.00. This amount should be entered on the Price Table, Exhibit A, and on the CLINs of the 1449.

E. The FFP amount for CLIN 0007, Option to Extend Services (FAR 52.217-8), will be evaluated in accordance with section 52.212-2 Evaluation--Commercial Items (2014), paragraph (e). This amount should be entered on the Price Table, Exhibit A.

4. SOLICITATION COMPLIANCE:

A. Cover Letter that provides information outlined in FAR 52.212-1(b). The offeror shall, state it will meet all the requirements of the solicitation without exception in its cover letter.

The Cover Letter shall also indicate the proposal validity time period if different from 52.212-

1(c).

B. Standard Form 1449: Section A blocks 17 and 30 completed with all signatures and dates when the form is submitted with the offer. Failure to do so may lead to rejection of the offer.

C. Signed acknowledgement of Amendments.

D. A statement that offeror’s current and complete Representations are available on the System for Award Management (SAM). The offeror must maintain all Representations and

Certifications required by this solicitation. Any Representations and Certifications not available for response within SAM may be submitted with the Offeror’s proposal. Items not applicable should be marked “N/A”.

E. Small Business Subcontracting Plan. In accordance with FAR 52.219-9 and DFARS 252.219-

7003, large business offerors shall submit a Small Business Subcontracting Plan with their proposal. Offerors shall ensure that they submit a Small Business Subcontracting Plan with all of the information required by FAR 52.219-9. In preparing the Small Business

Subcontracting Plan, offerors should note that historical compliance with FAR 52.219-8 and

FAR 52.219-9 may be evaluated as part of Past Performance in future source selections. A subcontracting plan is NOT REQUIRED from small business concerns and will not be evaluated.

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

(a) The Government intends to award a single contract resulting from this RFP to the responsible Offeror whose offer, conforming to the RFP, represents the best value to the Government, price and other factors considered in accordance with the RFP. The evaluation process will use a Lowest Price Technically Acceptable (LPTA) evaluation approach in order to determine which Offeror represents the best value to the Government. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability.

(b) 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.

(d) The Government intends to award without discussions. Pursuant to FAR 52.215-1(f) (4), however, the

Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. Additionally, the Government may, after evaluation of initial offers, limit the number of proposals in the competitive range to allow for an efficient competition in accordance with FAR 15.306(c)(2).

An Offeror must be found technically acceptable in each Factor and Subfactor to be considered for award. Any proposal with a rating of 'Unacceptable' or for any Subfactor will result in the appropriate Factor being rated

'Unacceptable'. Any offer rated 'Unacceptable' for any Factor may be ineligible for award, or may be excluded from the competitive range.

The Government will review the information required by the RFP to determine whether the Offeror has met the minimum submission requirements.

All evaluation factors are considered equal in weight. In order to determine the proposal providing the lowest price technically acceptable offer, the following Factors and Subfactors will be considered:

FACTOR 1: TECHNICAL PROPOSAL

Technical capability (technical subfactors are of equal importance):

a. Sub-Factor 1: Technical Approach

i. Paint, Coatings and Solvents

a. Offeror shall describe their approach to satisfying the requirements of PWS Section 2.

ii. Additional Products

a. Offeror shall describe their approach to satisfying the requirements of PWS Section 3.

iii. Management, Handling, Transportation, and Removal of Manufacturer's Product

a. Offeror shall describe their approach to satisfying the requirements of PWS Sections 7.

iv. Packing and Marking

a. Offeror shall describe their approach to satisfying the requirements of PWS Sections 8.

v. Product Substitution and Technical Improvements

a. Offeror shall describe their approach to satisfying the requirements of PWS Sections 9.

b. Sub-Factor 2: Organizational Approach

i. Personnel

a. The Government will review resumes submitted for key personnel and other personnel.

To be considered acceptable, the personnel must meet the requirements identified in PWS

Section 4.

ii. Program Management

a. The Government will review the offeror’s Corporate Structure, to determine whether the proposed approach meets the requirements of PWS Sections 5 and 6.

b. The Government will review the offeror’s Organizational Charts to determine whether the

c. The Government will review the offeror’s Program Management Plan to determine whether the proposed approach meets the requirements of PWS Sections 5 and 6.

d. The Government will review the offeror’s Managerial Approach to determine whether the

e. The Government will review the offeror’s Quality Control Plan to determine whether the

c. Sub-Factor 3: Delivery and Distribution Approach

Offerors should provide the following information regarding their distribution network:

i. Delivery of Goods and Services

Description of its proposed distribution network, which shall include the following:

Delivery arrangements

Overall approach to ensuring the complete and timely delivery of all orders

Experience operating such networks

ii. Listing of ports served by the Offeror pursuant to normal commercial activities.

iii. Description of the Offeror’s capability to support deliveries in ports NOT supported by normal commercial activities but specified as main ports in Attachment 5. More specifically, description of how the Offeror plans to deliver to each main port and zone specified in

Attachment 5.

iv. Description of the Offeror’s manufacturing process and inventory procedures, which shall include the following:

List of worldwide manufacturing facilities, warehouses, tinting facilities, and stock points

Stock control procedures

Planned stocking levels

v. Explanation of how orders, which may include the entire scope of the contract, will be fulfilled for each main port described in Attachment 5. The Offeror shall also list the source from where the stocks will be furnished and the transportation mode to the main port.

vi. Description of any expected constraints or limitations regarding the types and/or quantities of products that the Offeror can deliver in a given main port or geographic zone within the required timeframe and an explanation how the Offeror plans to address such constraints or limitations to ensure complete and timely delivery.

vii. Description of any corporate or local “shut down” periods which would impact contract performance.

viii. Description of how warehouses and stock points will support the contract during any “shut down” periods.

ix. Description of how extra materials will be stocked worldwide in anticipation of “shut down” periods. If no extra stocking is anticipated, the Offeror shall describe how it shall make timely delivery.

x. Description of the normal work week and local holidays that the Offeror recognizes at each location OCONUS.

xi. Description of any present business activities in Guam, Korea, Bahrain, and Philippines

xii. Description of the impact of Korean, Vietnam, and, Philippines laws upon Offeror’s products.

xiii. Statement whether or not the Offeror will accept expired paint products under the incumbent contract

Technical capability will be rated on an Acceptable/Unacceptable basis. The technical subfactors will each receive a rating of Acceptable/Unacceptable. An Unacceptable rating in any technical sub-factor will result in an

Unacceptable rating for the technical capability factor. See rating definitions in the chart below:

RATING DESCRIPTION

ACCEPTABLE

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (see note below).

UNACCEPTABLE

Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

FACTOR 2: PAST PERFORMANCE

Past performance will be evaluated on an acceptable/unacceptable basis, based on a review of the Past Performance

Questionnaires received, PPIRS, and any other information available to evaluate the Offeror’s Past Performance.

Offerors shall submit Reference Information Sheets, Attachment 9, and Past Performance Questionnaires, Attachment 10, in their proposals for past performance evaluation.

The past performance evaluation will assess the Offeror’s probability of meeting the RFP requirements. To develop an overall rating, the Government’s evaluation will take into account information submitted by each Offeror as part of its proposal and the Government’s assessment and evaluation of other sources of information. Other sources of information for past performance may include, but are not limited to, Past Performance Information Retrieval

System (PPIRS) reports, the Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic

Subcontract Report System (ESRS), other databases, questionnaires and interviews. The following ratings will be used in the past performance evaluation:

RATING DESCRIPTION

ACCEPTABLE Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

UNACCEPTABLE Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

(1) The Government will consider the extent of the Offeror’s ability to perform a previous contract successfully in the areas of; (a) quality of product or services; (b) timeliness or scheduling of supplies/deliveries; (c) business relations/customer satisfaction; and (d) key personnel and staffing

(including subcontractors).

(2) The Government will consider the company itself, predecessor companies, key personnel who have relevant experience and subcontractors who will perform major or critical aspects of the requirement.

In accordance with FAR 15.305(a) (2) (iv), an Offeror without a record of relevant past performance or for whom information on past performance is not available, will not be evaluated favorably or unfavorably on past performance.

For each of the contracts the Offeror describes in a Reference Information Sheet, the Offeror is requested to provide a Past Performance Questionnaire to a reference at the organization that awarded the contract. It is requested that the reference, not the Offeror, email or mail the completed Past Performance Questionnaire BEFORE THE DUE DATE FOR PROPOSALS directly to Derek Willis at derek.l.willis@navy.mil or Military Sealift Command, 471 C Street, Naval Station Norfolk, VA 23511-2419 Attn: Derek Willis. Fax submittals will not be considered.

The Offeror, NOT THE GOVERNMENT, is responsible for ensuring that the Government receives a sufficient number of questionnaires.

FACTOR 3: PRICE PROPOSAL

The Government will review the 1449 and Exhibit (A) Rate Table provided by the offeror to evaluate price. The offers will be evaluated using the total evaluated price as calculated by adding all CLINs and should be equal to the total value calculated in Exhibit (A) Rate Table.

Each offeror’s price proposal will be evaluated for reasonableness, and to determine whether pricing is materially unbalanced. Materially unbalanced pricing may cause a proposal to be unacceptable if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

Under the Option to Increase Quantity (FAR 52.217-6), the Government may increase the quantity of supplies called for in the Schedule for an amount up to $6,000,000.00. This amount will be added to the Total Evaluated Price.

Under the Option to Extend Services (FAR 52.217-8), the period of performance shall not exceed six (6) months.

The Option to Extend Services will be calculated by dividing the total FFP amount for the five-year ordering period by 10.

The Total Evaluated Price is equal to the Total Firm-Fixed Price for the 5-year Ordering Period plus the

$6,000,000.00 for the Option to Increase Quantity plus the Option to Extend Services (calculated by dividing the total FFP amount for the five-year ordering period by 10).

SOLICITATION COMPLIANCE

The Government will determine the acceptability of each offer on a 'Pass' or 'Fail' basis. The Government will consider an offer to be acceptable when it manifests the offeror’s assent, without exception or imposition of condition, to the terms and conditions of this Request for Proposals (RFP), including attachments and documents incorporated by reference. If an offeror takes exception to any of the terms and conditions of the RFP, impose additional conditions or omit material information required by this RFP, the Government may consider the offer unacceptable. Unacceptable offers can only be corrected through discussions per FAR 15.306(d)). The Government reserves the right to change the terms and conditions of the RFP by amendment at any time prior to the source selection decision.

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR

52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any

United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the

Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate

EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes…