20R3004- AMD 0001- Released.pdf

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

Please see attached.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 18

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

16C. DATE SIGNED

BY 09-Apr-2020

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 N3220520R3004

X 9B. DATED (SEE ITEM 11)

27-Mar-2020

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 is extended, X 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

09-Apr-2020

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:

N3220520R3004

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:

SOLICITATION AMENDMENT 0001

The purpose of this Amendment is to:

1. Add Attachment R- Reserved, Section J.

2. Amend Section L-6(2).

3. Amend L-7(B)(I)(C) reference.

4. Amend the following clauses:

a. DFARS 252.237-7023 (2)(b) amended to Attachment P

b. DFARS 252.237-7024 (b) amended to Attachment P

5. Changes above are shown in red lettering.

6. Respond to solicitation questions:

Solicitation N32205-20-R-3004 Questions and Answers

Question 1: There appears to be no attachment lettered “R.” Can you please provide the missing attachment or mark as reserved?

ANSWER: Attachment R (Reserved) is added to Section J.

Question 2: The RFP instructions state, “All proposal pages and paragraphs shall be numbered.” Can you please provide an example of how paragraphs shall be numbered?

ANSWER: Offerors can use their own numbering scheme that follows logical sequencing.

Question 3: L-7(B), which states in part, “A table of contents with page numbers corresponding to the proposal’s outline format shall be provided after the title page.” Is the Table of Contents included in the page count?

ANSWER: The Table of Contents is not included in the page count.

Question 4: L-7(B)(I)(C), which states “Offerors shall submit a Draft Training Plan that addresses the requirements of Solicitation Section C-1.8.4 and Section C-1.8.4a.” Section C-1.8.4a does not appear in the solicitation. Please verify the PWS reference should be 1.8.4.1.

ANSWER: The reference to C-1.8.4.a is incorrect and the reference should be C-1.8.4.1.

Question 5: Training Plans with nearly identical requirements are referenced in Volume II, Section I and Section

II under L-7(II)(A)(3), M-1(E)(1)(c) and in Section I, Subsection C, Training Plan. Can it be clarified the correct placement of the training plan within the proposal response?

ANSWER: Training Plan is part of the minimum technical proposal [(L-7(I)(C)] and part of the technical trade-off proposal [L-7(II)(A)(3)]. Both of these shall be submitted in Volume II.

Section M refers to how the proposal will be evaluated and Section M is not a submittal requirement.

Question 6: Is it is the Government’s intention received a submission of three volumes: Volume I Solicitation

Package, Volume II Technical Proposal, and Volume III Past Performance?

ANSWER: In accordance with Section L-6(2), each proposal shall be submitted in three separate volumes:

Volume I (Solicitation Package), Volume II (Technical Proposal), and Volume III (Past Performance).

Question 7: RFP page 197, L-7(II)(B) (4-5), which references 12-motnh synopsis of all SMS major non-conformities. Is it is the Government’s intention to receive a submission of (4 & 5) within Attachment I or as a separate document?

ANSWER: Submission of L-7(II)(B)(4) and L-7(II)(B)(5) shall be submitted as a separate document, not utilizing Attachment I.

Question 8: Referencing RFP page 186, L-4. Is it 10 business days or calendar days for the deadline to submit questions?

ANSWER: 10 calendar days. The last day to submit questions currently is 18 April 2020.

Question 9: L-7(B)(I)(A)(3), which states in part, “Resumes and signed Letters of Intent for all proposed Key

Shore Side Personnel listed in Section C…” L-7(II)(A)(1), which states in part, “The Offeror shall provide Resumes for all proposed Key Shore Side personnel and for additional personnel the offeror designates as “Key.” Can it be clarified where within the proposal response the resumes shall be placed?

ANSWER: Resumes and signed letters of intent shall be submitted as part of the Technical Proposal, Volume II.

The requirement to submit resumes at L-7 (I)(A)(3) is to satisfy the minimum technical requirement.

The requirement to submit resumes at L-7(II)(A)(1) is for the technical Approach Trade-off Factor, in which an offeror may receive additional credit for key personnel exceeding the minimum technical requirements.

Question 10: Attachment J which is incorrectly referenced in 252.237-7023 CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010) and 252.237-7024 NOTICE OF CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010). Please correct the reference to Attachment P, Mission Essential Contractor Services Plan Worksheet.

ANSWER: References in DRAFS 252.237-7023 and 252.237-7024 will be amended to reference Attachment P.

Question 11: Are resume pages counted?

ANSWER: Resumes and letters of intent are not counted and do not count toward the technical proposal page count limit.

Question 12: Where within the proposal response shall 252.225-7003 Report of Intended Performance Outside the

United States and Canada--Submission with Offer OCT 2015 (DD Form 2139) be submitted?

ANSWER: The response to DFARS 252.225-7003 shall be submitted in Volume I in accordance with L-7(A)(5).

Question 13: Reference RFP page 91-92, 3.7.2.a, Travel Manager. Can these services be subcontracted out?

ANSWER: The services of a Travel Manager may be subcontracted.

SECTION I - CONTRACT CLAUSES

The following have been modified:

252.237-7023 CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)

(a) Definitions. As used in this clause-

(1) Essential contractor service means a service provided by a firm or individual under contract to DoD to support mission-essential functions, such as support of vital systems, including ships owned, leased, or operated in support of military missions or roles at sea; associated support activities, including installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations has the potential to be seriously impaired by the interruption of these services, as determined by the appropriate functional commander or civilian equivalent.

(2) Mission-essential functions means those organizational activities that must be performed under all circumstances to achieve DoD component missions or responsibilities, as determined by the appropriate functional commander or civilian equivalent. Failure to perform or sustain these functions would significantly affect DoD's ability to provide vital services or exercise authority, direction, and control.

(b) The Government has identified all or a portion of the contractor services performed under this contract as essential contractor services in support of mission-essential functions. These services are listed in Attachment P (AMD 0001), Mission-Essential Contractor Services.

(c)(1) The Mission-Essential Contractor Services Plan submitted by the Contractor, is incorporated in this contract.

(2) The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan updates to the Contracting Officer for approval.

(3) As directed by the Contracting Officer, the Contractor shall participate in training events, exercises, and drills associated with Government efforts to test the effectiveness of continuity of operations procedures and practices.

(d)(1) Notwithstanding any other clause of this contract, the Contractor shall be responsible to perform those services identified as essential contractor services during crisis situations (as directed by the Contracting Officer), in accordance with its Mission-Essential Contractor Services Plan.

(2) In the event the Contractor anticipates not being able to perform any of the essential contractor services identified in accordance with paragraph (b) of this clause during a crisis situation, the Contractor shall notify the Contracting Officer or other designated representative as expeditiously as possible and use its best efforts to cooperate with the Government in the Government's efforts to maintain the continuity of operations.

(e) The Government reserves the right in such crisis situations to use Federal employees, military personnel, or contract support from other contractors, or to enter into new contracts for essential contractor services.

(f) Changes. The Contractor shall segregate and separately identify all costs incurred in continuing performance of essential services in a crisis situation. The Contractor shall notify the Contracting Officer of an increase or decrease in costs within ninety days after continued performance has been directed by the Contracting Officer, or within any additional period that the Contracting Officer approves in writing, but not later than the date of final payment under the contract. The Contractor's notice shall include the Contractor's proposal for an equitable adjustment and any data supporting the increase or decrease in the form prescribed by the Contracting Officer. The parties shall negotiate an equitable price adjustment to the contract price, delivery schedule, or both as soon as is practicable after receipt of the Contractor's proposal.

(g) The Contractor shall include the substance of this clause, including this paragraph (g), in subcontracts for the essential services.

(End of clause)

P252.237-7024 NOTICE OF CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)

(a) Definitions. Essential contractor service and mission-essential functions have the meanings given in the clause at 252.237-7023, Continuation of Essential Contractor Services, in this solicitation.

(b) The offeror shall provide with its offer a written plan describing how it will continue to perform the essential contractor services listed in Attachment P (AMD 0001), Mission Essential Contractor Services, during periods of crisis. The offeror shall--

(1) Identify provisions made for the acquisition of essential personnel and resources, if necessary, for continuity of operations for up to 30 days or until normal operations can be resumed;

(2) Address in the plan, at a minimum--

(i) Challenges associated with maintaining essential contractor services during an extended event, such as a pandemic that occurs in repeated waves;

(ii) The time lapse associated with the initiation of the acquisition of essential personnel and resources and their actual availability on site;

(iii) The components, processes, and requirements for the identification, training, and preparedness of personnel who are capable of relocating to alternate facilities or performing work from home;

(iv) Any established alert and notification procedures for mobilizing identified ``essential contractor service'' personnel; and

(v) The approach for communicating expectations to contractor employees regarding their roles and responsibilities during a crisis.

(End of provision)

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

ATTACHMENTS

ATTACHMENTS

A Reserved B Reserved C DD-254, Contract Security Classification Specification D Protection & Indemnity Guidelines E American Institute Hull Clauses F Oversight and Metrics G Standard Form SF-LLL, “Disclosure of Lobbying Activities” H Invoice Requirements/Report of Expenditures I Past Performance Narrative J Monthly Budget Status Report K Technical Proposal Datasheets L Contract Deliverables

M Award Fee Plan N List of Government Furnished Equipment O Pricing Forms:

O1- Pricing Form A (Post Award) O2- Pricing Form B O3- Pricing Form C (Post Award) O4- Section B Rate Schedule

P Mission Essential Contractor Services Worksheet Q Request for Clarification/Questions R Reserved (AMD 0001) S Successful Offeror Technical Approach (Post Award) T Successful Offeror Subcontracting Plan (Post Award)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

SECTION L

L-1 TECHNICAL DATA

Technical Data and any COMSC Instructions referenced but not enclosed with this solicitation are available upon request. Requestors shall submit their request to Kurt Oberg (kurt.oberg@navy.mil) and Billie Johnson (billie.j.johnson@navy.mil) and provide their company name, point-of-contact, address, e-mail address and phone number. Requestor shall indicate if data will be forwarded to subcontractors.

L-2 SHIP CHECK BY THE OFFEROR

The prospective offeror will be afforded an opportunity to conduct ship checks at the Government’s convenience if the ships are available and government schedules can accommodate a ship check. The prospective offeror that would like to make a ship check appointment should contact Kurt Oberg at kurt.oberg@navy.mil or (757) 443-2845 and Billie Johnson at billie.j.johnson@navy.mil or (757) 443-5961.

When making the request, the prospective offeror shall provide the name, place of birth, and citizenship of all personnel who will be participating in the ship checks. This information is required at least one week prior to the ship check. If the information is not received by the Government at least one week prior to the ship check, then the prospective offeror will not be able to participate in the ship check. The last day the government will schedule a ship check is seven days before the closing date of the solicitation. No costs incurred by an offeror to make a ship check will be reimbursed by the government even if the offeror is awarded a contract.

L-3 COST OR PRICING DATA

The offeror will be notified if Certified Cost or Pricing Data IAW FAR 52.215-20 is required.

L-4 DEADLINE FOR RECEIPT OF QUESTIONS FROM THE PROSPECTIVE OFFEROR

The prospective offeror shall send questions about this solicitation to the Contracting Officer (Billie Johnson) and Contract Specialist (Kurt Oberg) on a “Request for Clarification/Question” form, which is provided as Attachment Q to this solicitation. Each question shall be submitted on a separate form. The government will not respond to questions if: (1) the questions are not submitted on an Attachment Q form, (2) more than one question is submitted on a single Attachment Q form or (3) the contractor’s company name/ identifying information is in the question itself. Questions shall be received in the following e-mail inboxes by 02:00 PM mailto:billie.j.johnson@navy.mil local time, Norfolk, VA, 10 days prior to the close of the solicitation: Kurt Oberg (kurt.oberg@navy.mil) and Billie Johnson (billie.j.johnson@navy.mil).

L-5 PRE-AWARD SURVEY

A pre-award survey may be conducted pursuant to FAR 9.106

L-6 SUBMISSION OF OFFERS

1. Offers must be submitted using the DoD SAFE website (https://safe.apps.mil) with Kurt Oberg (kurt.oberg@navy.mil) and Billie Johnson (billie.j.johnson@navy.mil) as the recipients.

2. Each proposal shall be submitted in three separate volumes. Volume I (Solicitation Package) shall contain all documents required in Section L-7(A). Volume II (Technical Proposal) shall contain the Minimum Technical Proposal and Technical Trade-off (AMD 0001) Proposal. Volume III (Past Performance Proposal) shall contain the Past Performance Proposal.

3. Each Volume shall be uploaded to DoD SAFE as a separate zip file and labelled with volume number.

4. Each zip file shall have documents separated into individual files to permit rapid location of all portions of each proposal (including exhibits, annexes and attachments). Offerors shall submit proposal volumes using Microsoft Windows 2010-compatible or Adobe-compatible software.

5. All information shall be typed no smaller than 12-point font on standard 8 1/2 x 11 paper. All proposal pages and paragraphs shall be numbered.

6. Offers shall not contain classified material. Any portion of an offer, which the offeror considers business sensitive, should be clearly marked as such in accordance with FAR 52.215-1.

7. Unless offeror inserts a shorter period in SF-33, Block 12, offeror agrees its offer, including any timely revisions to it, shall remain valid until the Government makes award under this solicitation. SF-33, Block 12 is amended to delete the following language “60 calendar days unless a different period is inserted by the offeror” and replace it with “valid until the Government makes award under this solicitation unless a different period is inserted by the offeror”.

L-7 GENERAL PROPOSAL REQUIREMENTS

1. The successful proposal shall be incorporated into the resulting contract to the extent it is not inconsistent with the terms of the solicitation. The offeror shall follow the instructions set forth below for submission of its offer. The offerors shall provide all items listed in Section L. Failure to provide any of the items in compliance with the instructions in this solicitation will make the offer unacceptable. Unacceptable offers may not be evaluated any further.

2. Offers shall address how the offeror will execute the contract in a manner that meets and / or exceeds requirements in Section C. The offerors shall also address the benefits the Government will gain through: operational efficiencies, reduced reimbursable costs, reduction in risk, increases in mission readiness, and/or benefits the government in any other way. Each proposal will be evaluated to assess the offeror’s understanding of the scope of the work and its approach to providing services in a manner that will provide benefits to the government.

3. The Technical Volume shall present the offeror’s understanding of the scope of the contract and its overall approach to providing the required services. The proposal shall be complete and in sufficient detail to demonstrate both an understanding of and an ability to comply with the requirements of the solicitation. The offeror shall observe the following in preparing and submitting technical mailto:billie.j.johnson@navy.mil proposals:

a. Mere general statements that 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 will not constitute compliance with solicitation requirements. The proposal will be assessed and assigned ratings accordingly.

b. At a minimum, all information in Section L shall be included in each proposal. Proposals shall be concise, logical, neat, orderly, comprehensive, and contain no extraneous material.

Presentation aids beyond those sufficient to present a complete and comprehensive proposal are neither necessary nor desired.

A. Volume I shall include:

1. Evidence of Facility Security Clearance. The performance of this contract requires that the offeror have a SECRET facility clearance at time of proposal submission. The offeror shall submit evidence it possesses an active SECRET facility clearance in the Joint Personnel Adjudication System (JPAS) or Industrial Security Facilities Database (ISFD).

2. Statement of Agreement. A statement by the offeror that it: (1) will meet all the requirements of the solicitation without exception AND (2) it does not object to the terms and conditions of the solicitation. This statement shall be on the first page of the proposal that provides the information required by FAR 52.215-1(c)(2).

3. Price Proposal. The offeror’s Price Proposal shall be clear and concise completed in its entirety, for proposed FOS, ROS and RAV per diem rates for each performance period. Only Form B will be used to determine the total evaluated price. Form B includes a firm period, four one-year option periods, and a 6 month (182 days) option period under FAR clause 52.217-8. All prefilled quantities and values are notional numbers that will be used only for evaluation purposes. They are not a guarantee of any kind to the offeror and the numbers shall not be relied upon by the offeror to develop a proposal.

a. Offerors shall complete Attachment O, Pricing Forms A, B, C and Section B Rate Schedule in their entirety, for proposed FOS, ROS and RAV per diem rates for each performance period.

However, only Pricing Forms B, and the Section B Rate Schedule shall be submitted with offers.

b. Pricing Form B will indicate the total proposed per diem rates using the data entered on Forms A and C from the applicable number of FOS, ROS and RAV days for each contract period (firm period, 4 option periods, and a 6-month option period under FAR 52.217-8). As specified under L-7(A)(3), the offeror shall provide a copy (using Microsoft Excel 2010) of its price proposal.

Form B will be used to determine the Total Evaluated Price for evaluation purposes.

c. A separate Form A and Form C shall be completed for each ship status (FOS, ROS and RAV) for each contract period noted above (firm period, four (4) option periods, and a 6-month option period under FAR 52.217-8). Pricing Forms A and C shall be provided after award as a deliverable listed in the Contract Deliverables, Attachment L.

4. Standard Form 33, Section A. The form shall have blocks 12 through 18 completed (signed and dated) when the form is submitted with the offer. Block 12 may be left blank. If block 13 is not applicable, the offeror shall mark it “N/A”. Failure to do so may lead to rejection of the offer.

5. Representations and Certifications. Statement that the offeror’s current and complete Representations and Certifications are available in the System for Award Management (SAM). The offeror shall maintain their record within SAM for the duration of this solicitation. Any Representations and

Certifications not available for response within SAM shall be submitted within the offeror's proposal.

Items, which are not applicable, should be marked “N/A.”

6. Standard Form SF-LLL. “Disclosure of Lobbying Activities” (Attachment G) shall be completed IAW

FAR 52.203-11 with the offeror’s information and signed.

7. DD-254. Contract Security Classification Specification, (Attachment C) completed with the offeror’s information.

8. Mission-Essential Contractor Services Plan (MECSP). (Attachment P) completed with the offeror’s completed information. MECSP worksheet shall be completed IAW DFARS 252.237-7023 and 252.237-7024.

9. System for Award Management (SAM). Current SAM documentation certifying the offeror is considered a small business under NAICS Code 483111 (Deep Sea Freight Transportation) if the offeror is claiming to be a small business.

10. Reserved.

11. U.S. Department of Labor Veterans’ Employment and Training Service (VETS) Compliance. In accordance with the reporting requirements of 38 U.S.C. 4212(d), federal contractors and subcontractors with a contract or subcontract of $150,000 or more are required to file VETS-4212, Federal Contractor Veterans’ Employment Report annually. Offeror shall provide evidence of VETS- 4212 submission, or provide a narrative explaining why the offeror has not reported VETS Compliance.

12. Evidence of Insurance.

a. The Certificate of Entry from the P&I Club or Insurer that demonstrate coverage in compliance with the solicitation and contains the following verbatim Special Terms Statement:

“SPECIAL TERMS STATEMENT REGARDING THE COVER PROVIDED TO THE UNITED

STATES GOVERNMENT. The P&I Club Underwriters (and its Managers) and/or Insurance Policy Underwriters agree that the terms or conditions of this SPECIAL TERMS STATEMENT shall govern and shall be controlling in the event that there are any inconsistent terms or conditions in the Certificate of Entry, insurance policy or document, applicable P&I Club Rules, or insurance provider’s rules. The United States has full insurance cover and benefits that are equivalent to a regular P&I Club Member, Entrant, or insured (other than voting rights). The Underwriters acknowledge that they have been provided a copy of the underlying operating contract (including the required insurance provisions) for the Public Vessel(s) of the United States that are entered/covered under the insurance. Underwriters agree to waive any rights of subrogation against the United States in all cases, regardless of cause. The United States shall not be liable for (and there shall be no recourse against the United States for) deductibles, premiums, supplementary premiums, additional premiums, calls, additional calls, commissions, advancements, assessments, overspill calls, overspill claims, and other costs, claims, expenses, or fees. It is understood that the entered/covered vessel or vessels do not have Hull & Machinery insurance. It is understood that any disputes between the Underwriters and the United States will be governed by U.S. law, and will be adjudicated in a U.S. Federal Court. The United States has not consented to the arbitration (either domestic or foreign) of any disputes. It is understood that the Underwriters are not granted a lien on the covered/entered vessel(s) under any circumstances.

It is understood that the U.S. Department of Justice has the right to fully control the conduct of any litigation or legal action in any forum, including control of litigation decisions and legal representation, wherein the United States, U.S. Navy, Military Sealift Command, or other entity of the U.S. Government is a named party or is a proper party defendant under the law (to include without limitation, the Public Vessels Act and any provisions of the Suits in Admiralty Act that are incorporated by the Public Vessels Act).

The United States will be an Assured or Additional Assured under the insurance policies. The insurance coverage for the United States, if it is named as an additional assured, will be full coverage equivalent to the primary assured or entrant and not subject to limitations like the so-called Misdirected Arrow provision or any other limitation. Further, the insurance policy will waive any rights of subrogation against the United States in all cases, regardless of cause."

b. Letter from Insurance Provider in the following verbatim format with all the blanks in the form filled in:

“That [NAME OF INSURER] will provide the following coverage:

___ Protection and Indemnity (P&I) marine insurance coverage (shall cover all liabilities, other than liability for loss of or damage to Government cargo carried onboard the vessel, including full four-fourths (4/4s) collision liability and pollution liability coverage).

Limit of coverage: $______________________ per vessel per incident.

Limit of coverage for pollution from oil and hazardous substances: $______________________ per vessel per incident.

___ Passenger and Crew. Limit of coverage $______________________ per vessel per incident.

___ Passenger. Limit of coverage: $______________________ per vessel per incident.

___ P&I War Risks. Undersigned will give the Contracting Officer written notice at least seven days in advance in the event the war risk portion of the insurance is cancelled.

Limit of ___ primary ___ excess coverage: $______________________ per vessel per incident.

___ Second Seamen's War Risk. Coverage shall be at least equal to coverage provided under the U. S. Department of Transportation, Maritime Administration Second Seamen's War Risk Policy (1955 Standard Form) including coverage of no less than $200,000 per crewmember for loss of life. Undersigned will give the Contracting Officer written notice at least seven days in advance in the event the war risk portion of the insurance is cancelled.

On the following ship:

USNS GUAM (HST-1)

c. If the offeror submits separate letters from multiple insurance providers, the letters, collectively, shall provide the full coverage required by the Government.

d. The offeror shall warrant that the levels of insurance required by this solicitation will be met.

13. Small Business Subcontracting Plan. It is the goal of this solicitation that prime contractors subcontract with small businesses to the maximum extent practicable. IAW FAR 52.219-9 and DFARS 252.219- 7003, large business offerors shall submit a Small Business Subcontracting Plan with their proposal.

A subcontracting plan is NOT REQUIRED from small business concerns and will not be evaluated.

The Small Business Subcontracting Plan shall contain all of the information required by FAR 52.219-

9. The Small Business Subcontracting Plan is not an evaluation factor and will not be evaluated as part of the formal source selection process. The Small Business Subcontracting Plan must be determined to be acceptable by the contracting officer in order for the offeror to be eligible for contract award in accordance with FAR 19.702(a)(1). If the apparently successful offeror fails to negotiate a subcontracting plan acceptable to the contracting officer within 10 business days, then offeror will be ineligible for award. If the contracting officer accepts the Small Business Subcontracting Plan, it will become part of the contract. Offerors are permitted to submit a master subcontracting plan as long as it is created in accordance with FAR 19.701 and FAR 19.704(b). Small Business Subcontracting Plans are not required from offerors that qualify as small business concerns under NAICS code 483111 with a size standard of 500 employees. In preparing the Small Business Subcontracting Plan, each offeror shall state whether it complied with FAR 52.219-8 and FAR 52.219-9 for every government contract it was awarded in the last 5 years. If compliance was not achieved for every contract, then offeror shall state the contract number(s) of the contract(s) it did not achieve compliance on. Contractor may also provide any response it wishes to provide regarding non-compliance. The Government will consider offerors past compliance with FAR 52.219-8 and 52.219-9 in the past performance evaluation.

To assist offerors in completing their Small Business Subcontracting Plan, the following table of estimated reimbursable expenses is provided below:

Firm Period Option 1 Option 2 Option 3 Option 4 52.217-8 Amount $13,787,526.10 $14,061,576.62 $14,341,108.16 $14,626,230.32 $14,917,054.93 $7,607,698.01

14. Corporate Viability. Provide a copy of the most recent independently reviewed or audited financial statement, which shall include a balance sheet, profit and loss statement, and a cash flow statement.

The review or audit shall have been conducted by a certified, independent accounting firm. The offeror shall also provide projected cash flow statements for the entire performance period (including options) covered under this solicitation. The offeror shall furnish evidence of adequate financial resources to perform the contract or the ability to obtain such resources for the purpose of this Section.

Adequate financial resources consists of an amount equal to $7,000,000.00, which includes the necessary resources for 45 days of FOS per diem payments, and to conduct a major availability.

15. Evidence of Budget and Financial Management. The offeror shall provide a statement of whether or not it has Government-approved purchasing and accounting system(s) for reimbursable expense tracking and management. If the offeror has Government approved systems, evidence of Government approval shall be submitted. If the offeror does not have Government approved systems, the offeror shall provide a description of their purchasing processes that explains:

a. When the systems were last reviewed or audited by an independent third party.

b. How the offeror's organization will promote competition, timeliness, quality, and fair and reasonable pricing for all goods and services procured.

c. The offeror's method of corporate oversight to ensure compliance with the offeror’s established accounting procedures. Outline the offeror’s internal controls for prevention of fraud, waste and abuse of Government property and funds.

d. The offeror’s plan to ensure their purchasing and accounting system will be implemented prior to ship delivery if the offeror does not have a current functioning purchasing and account system.

16. Small Business Participation Commitment Document (SBPCD) Nontrade-off Proposal. All offerors (both large and small) shall propose the level of participation of small businesses (as a small business prime and/or small business subcontractor) in the performance of this requirement.

The offeror’s proposed SBPCD shall be incorporated into any resultant contract and monitored as a measure of contract compliance. These requirements shall apply at the prime contract and first tier subcontract levels.

To assist offerors in developing their SBPCD, a government estimate of reimbursable expenses is provided in paragraph L-7(A)(13) above.

Offeror’s SBPCD shall comply with all requirements in FAR Clause 52.219-9 Small Business Subcontracting Plan, if applicable, which is incorporated into this contract and found in Section I. In addition, the SBPCD shall:

a. Propose the level of participation of small businesses (as a small business prime and/or small business subcontractor) in the performance of this requirement in a percentage that equals or exceeds the Minimum Quantitative Requirement (MQR) for this contract of 13%.

i. The MQR is the minimum percentage of the Total Contract Value (TCV) awardee shall subcontract to US based small businesses. TCV consists of estimated reimbursable costs (table at L-7(A)(13) plus Total Evaluated Price from Attachment O, Form B.

ii. The TCV is the reimbursable estimate provided plus the offerors proposed total per diem rate for each period. The TCV shall exclude Government directed subcontractors, which are large businesses.

b. Identify small business firms planned for subcontracting throughout the duration of the contract.

c. Describe the supplies and services for each Small Business (SB) Concern identified and in a table showing planned subcontracting as a percentage of the TCV (NOT subcontract value), and corresponding dollar figures for each SB category as follows: SB, SDB, VOSB, SDVOSB, WOSB, and HUBZone.

d. A description of specific efforts the offeror will use to ensure that it will meet or exceed the MQR for subcontracting with US based small businesses. Efforts to ensure compliance with the MQR shall include, but are not limited to sponsoring program specific outreach programs and industry conferences, and establishing Mentor-Protégé relationships.

B. Volume II shall include:

1. The technical volume of the proposal shall present the offeror’s understanding of the scope of the contract and its overall approach to providing the required services. The proposal must be complete and in sufficient detail to demonstrate both an understanding of and an ability to comply with the requirements of the solicitation. The offerors technical proposal shall not exceed thirty (30) pages, excluding attachments (attachments are defined as technical submissions beyond the narrative required in the "Technical Approach" under "Trade-Off Factors" in Section L). Offerors shall observe the following in preparing and submitting technical proposals:

a. Mere general statements that 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 will not constitute compliance with the solicitation requirements. The proposal will be assessed and assigned ratings accordingly.

b. At a minimum, the information requested in these instructions must be submitted. The proposal must be concise, logical, neat, orderly, and comprehensive and contain no extraneous material.

Presentation aids beyond those sufficient to present a complete and comprehensive proposal are neither necessary nor desired.

2. Offeror shall submit a technical proposal for operation and maintenance of the ships as described in this solicitation. The technical proposal shall be organized by Section as follows:

TECHNICAL PROPOSAL ORGANIZATION:

SECTION SUBSECTION TITLE

-- -- Title Page/Table of Contents I A Ship Operational Experience I B Ship Maintenance and Repair Experience I C Training Plan I D Management of Government Property I E Quality and Safety Management Systems II A Technical Approach

3. Technical proposals shall follow the outline format and include the content requirements set forth below. Each section shall be separately divided by a blank page or tab. In addition, all proposal pages and paragraphs shall be numbered.

Title Page / Table of Contents

The title page shall state the solicitation title and number, name of the offeror, and, if the offeror wishes to restrict disclosure of its proposal, the legend permitted by FAR 52.215-1(e). A table of contents with page numbers corresponding to the proposal’s outline format shall be provided after the title page.

I. Minimum Technical Requirements: For the following areas, offeror shall provide all necessary information and documentation to demonstrate they meet the minimum technical requirements below.

A. Ship Operating Experience:

1. Experience and Capability. A narrative describing offeror’s experience and capability operating ocean going motor vessels that are 300 feet or greater in length, a minimum of 7,000MT, for five of the last 10 years prior to issuance of this solicitation or final amendment (if applicable). This description shall also include its experience and capability operating forward deployed FOS ships in remote locations for five or more years within the last 10 years prior to issuance of this solicitation or final amendment (if applicable). Descriptions shall include the beginning time and end time for all experience.

2. Attachment K-1. The table included at Attachment K-1 listing the ships offeror owned, operated/managed, or other relevant experience that satisfy the criteria in paragraph (B) (I)(A)(1) above.

3. Key Shore Side Personnel: Resumes and signed Letters of Intent for all proposed Key Shore Side

Personnel listed in Section C and completed table provided under Attachment K-3. Resumes provided in awardee’s proposal shall set the minimum qualifications/experience standards for every position.

All resumes provided in proposals shall address the elements listed in the qualifications of shore side personnel in Section C. All resumes shall be submitted in the same standardized format selected by each offeror. In addition to resumes, shore side personnel billets submitted in excess of the minimum contract requirements shall be included on Attachment K-3 and shall include percentage of dedication.

Note: Under this submittal section (Minimum Technical Requirements), the Contractor shall not receive extra credit for any individual(s) who exceed(s) the requirements of Section C, nor shall they be considered in the Technical Trade-Off Factor. Resumes of individuals for whom the Offeror is seeking extra credit (either because they exceed the minimum technical requirements or because the total number designated Key Shore Side Personnel exceed the minimum number designated in Sections C) shall be clearly specified in the Offeror’s proposal on Attachment K-3. The specified resumes will be considered in the Technical

Trade-Off Factor below and will establish the baseline for substitution/replacement personnel (Clause H-

2) for the designated position(s), should the offeror be the contract awardee.

B. Ship Maintenance and Repair Experience:

1. Corporate Experience: A narrative describing offeror’s experience maintaining ocean going motor vessels that are 300 feet or greater in length, a minimum of 7,000MT, for a minimum of five years in the last 10 years prior to issuance of this solicitation or final amendment (if applicable). This description shall include the beginning time and end time for all experience.

2. Planned Maintenance: A narrative describing offeror’s experience using predictive maintenance, preventive maintenance, and condition based monitoring techniques for maintaining ocean going motor vessels that are 300 feet or greater in length, a minimum of 7,000MT, for a minimum time of five years within the past 10 years prior to issuance of this solicitation or final amendment (if applicable). This description shall include the beginning time and end time for all experience.

3. Dry Dock* Experience: A narrative describing offeror’s experience managing at least two dry dockings for ocean going motor vessels that are 300 feet or greater in length, a minimum of 7,000MT, with a final aggregate cost greater than $6,000,000.00 or more than 30 days in duration within the last 5 years prior to issuance of this solicitation or final amendment (if applicable). This description shall include the beginning time and end time for all experience. In addition, the offeror shall complete the table provided under Attachment K-2, identifying all dry dockings that meet these criteria.

*Dry Dock is defined as a large dock from which water can be pumped out; used for building ships or repairing a ship below its waterline (either via a graving dock or a floating dry dock).

C. Training Plan:

The goal of the Training Plan is to attain High Speed Craft (HSC) type rating for mariners within six months of contract award and to maintain HSC type rating throughout the contract period of performance. Offerors shall submit a Draft Training Plan that addresses the requirements of Solicitation Section C-1.8.4 and Section C-1.8.4.1. (AMD 0001) At a minimum, the Training Plan shall provide sufficient detail on how mariners will become HSC type-rated. Mere general statements that offeror can or will comply with requirements, that standard procedures, USCG requirements or well-known techniques will be used, or paraphrasing the statement of work in whole or in part will not constitute compliance with this requirement.

D. Management of Government Property:

Offerors shall submit a Draft Property Control Plan that addresses the requirements of Solicitation Section C-5.2.2 and complies with FAR 52.245-1 (Alt 1).

E. Quality and Safety Management Systems:

1. Quality Management System (QMS). The offeror shall demonstrate that the vessel operator (either the offeror or its affiliate) possessed an ISO 9001-compliant QMS for five of the past 10 years that was certified by an accredited organization. In addition to a narrative explaining how the offeror meets this requirement, the offeror shall include a copy of each ISO Certificate of Conformance that the offeror cites in its narrative.

a. The offeror shall provide a copy of the vessel operator’s (either the offeror or its affiliate’s) current

ISO 9001-compliant QMS certificate. The QMS shall be certified by an accredited organization.

b. If the vessel operator does not possess a current ISO 9001 certification at time of proposal submission, the offeror shall provide a plan of action and milestones demonstrating that the vessel operator will obtain a current ISO 9001-compliant QMS, certified by an accredited organization, no later than the date of delivery of the ship.

c. If an affiliate will be operating the ship, offeror shall also provide a written agreement, signed and dated by the affiliate and the offeror that documents the affiliate’s commitment to perform for the entire period of performance.

2. Safety Management System (SMS). The offeror shall demonstrate that the vessel operator (either the offeror or its affiliate) possessed a SMS compliant with the International Maritime Organization's (IMO) International Safety Management (ISM) Code for five of the past 10 years. The SMS shall have been certified by a USCG-approved organization. In addition to a narrative explaining how the offeror meets this requirement, the offeror shall provide a copy of each SMS Document of Compliance and Safety Management Certificate that the offeror cites in its narrative.

a. The offeror shall provide a copy of the vessel operator’s (either the offeror or its affiliate’s) current

SMS. The SMS shall be certified by a USCG-approved organization, comply with the IMO’s ISM, and apply both ashore (Document of Compliance) and afloat (Safety Management Certificate).

b. If the vessel operator does not possess current SMS certification at time of proposal submission, the offeror shall provide a plan of action and milestones demonstrating how/that the vessel operator will obtain an SMS certificate that meets the requirements above, no later than the date of delivery of the ship.

c. If an affiliate will be operating the ship, offeror shall provide a written agreement, signed and dated by the affiliate and the offeror, which documents the affiliate’s commitment to perform for the entire period of performance.

II. Trade-Off Factors.

A. Technical Approach

1. Technical Management Approach. A narrative describing offeror’s management approach. The description shall explain the role of each Key Shore Side position and discuss how the organizational structure will function as an entity to meet contract requirements in the areas of Program Management, Engineering, Ship Operations, Property Management and Budget Management on ocean routes and at a variety of ports and piers. Offeror shall also provide a staffing plan that indicates the number of personnel and the percentage of each person’s time that will be dedicated to the contract. Finally, the staffing plan shall include rationale for how manpower requirements and qualifications for Key Shore Side personnel are determined and how this will benefit the Government, highlighting any specialized or unique characteristics of the ships listed in Section C. Key Shore Side personnel include those positions required under Section C as well as any additional shore side position(s) the offeror has designated as “Key. The Offeror shall provide Resumes for all proposed Key Shore Side personnel and for additional personnel the offeror designates as “Key.”

2. Manning Approach. A narrative describing the challenges inherent to attracting and maintaining crew and key shore side billets for ships, in extended yards, offeror’s approach to mitigate the specific challenges of vessel’s forward deployment in remote locations and execution of limited notice emergent repair activities at any time in the year. The discussion shall include a description of the approaches the offeror has successfully used to mitigate these challenges. Additionally, the discussion shall also address the following:

a. Offeror's process for training and retaining qualified mariners and port engineers.

b. Offeror’s corporate process for training and retaining qualified ship crews, which shall include a discussion on how the offeror monitors training and retention.

c. Offeror’s process for coordinating with maritime unions, if applicable, for training and retaining qualified ship crews, which shall include a discussion on how the offeror monitors training and retention.

A description of any incentives and/or benefits provided to reward superior performance (individually or as a group) and crew continuity (mariners returning to the ship after time off).

This description shall include a discussion of how crew and port engineer performance is objectively measured and how incentives will be managed and distributed.

3. Training Plan. A narrative that describes how the offeror will:

a. Achieve (within six months of award) and maintain a HSC type-rated crew.

b. Offeror’s approach to provide and sustain regulatory-body approved High-Speed Craft Crew

Type-Rate Endorsement (TRE) training and validation to ship’s crew.

c. Ensure there are sufficient trained crew available to utilize

d. Training Plan must be realistic and include sufficient…