N39430-20-R-2229-0002.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

The purpose of this Amendment is to:

1) Provide response to Offeror questions

See page tw o Summary of Chnages for more detail.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

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

16C. DATE SIGNED

BY 08-Jul-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 N3943020R2229

X 9B. DATED (SEE ITEM 11)

15-Jun-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

08-Jul-2020

CODE

NAVFAC EXWC

CODE ACQ / NAVAL BASE VENTURA COUNTY

1100 23RD AVE BLDG 1100

PORT HUENEME CA 93043-4301

N39430 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N3943020R2229

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES

Amendment 02

a) Provide Government answers to the following contractor’s questions:

Question 1: Page27 of 77, clause H4 LIABILITY INSURANCE- COST TYPE CONTRACTS states the contractor shall maintain Vessel Liability: Vessel Collision liability and Protection and indemnity liability insurance will be required.

A. Should Offerors assume the costs of vessel liability insurance are included in the ODC’s, provisions and supplies budgetary estimate?

B. Is there a requirement for pollution insurance for the vessel and would that cost also be included in the

ODC’s provisions and supplies budgetary estimate?

Answer 1.A: Costs of vessel liability insurance are included in the ODCs provisions, and supplies estimate.

Answer 1.B: The requirement for pollution insurance will be provided in Amendment 03. If pollution insurance is required it would be included in the ODCs provisions, and supplies estimate.

Question 2: Page 28 of 77, clause H.8 WAGE DETERMINATION, MINIMUM WAGES RATES FOR INDIVIDUAL TASK ORDERS, Minimum wage rates states there are three labor categories – AB Seaman, OS and Cook subject to wage determination consideration based on locale of work performance.

The current wage determinations available online for Ventura County, CA do not have these specific labor categories listed. Offeror requests the current wage determination on current contract to be released as an attachment to the current RFP for proposal preparation to ensure adequate review and bidding amongst all potential offerors?

Answer 2: Page 28 of 77 of the original solicitation, Section H.8 WAGE DETERMINATION, MINIMUM WAGES RATES FOR INDIVIDUAL TASK ORDERS: “Able Bodied Seaman” and “Ordinary Seaman” were removed from the list of required wage determination labor categories.

Question 3: The RFP labor categories lists non-vessel crew personnel such as Program Manager, Engineer/Naval Architect, Program Coordinator, Security Officer.

A. Do these specific personnel work on the Port Hueneme base installation or offsite?

B. May offerors assume these personnel to work at an offsite location or directly on Port Hueneme base installation for bidding purposes?

Answer 3.A: It can be either (i.e. onsite or offsite). In either case, Offerors should make clear how they anticipate providing support given the proposed arrangement.

Answer 3.B: It can be either (i.e. onsite or offsite). In either case, Offerors should make clear how they anticipate providing support given the proposed arrangement.

Question 4: The RFP labor categories lists non-vessel crew personnel such as Program Manager, Engineer/Naval Architect, Program Coordinator, Security Officer.

Are expenses such as computers, office supplies for the non-vessel personnel considered to be part of the ODC’s, provisions and supplies estimate?

Answer 4: Expenses such as computers, office supplies for the non-vessel personnel are considered to be part of the ODC’s, provisions and supplies estimate.

Question 5: The RFP directs that task orders shall be issued and funded under cost reimbursable and fixed price task orders.

Please provide a narrative to describe under what scope of work or tasking requirements the Government would issue cost reimbursable versus firm fixed price task orders.

Answer 5: The type of the task orders will be determined by the complexity of the work; additionally, task orders can be hybrid (CPFF & FFP CLINS)

Question 6: The RFP provides a significant funding profile for ODC’s, provisions and supplies in the basic period and each option year.

Kindly release a sanitized material/ODC listing in order for each bidder to adequately review the typical operations, mx and administrative expenses associated to the MV INDEPENDENCE.

Answer 6: A sanitized materials listing will addressed in Amendment 03. A sanitized ODC listing is not necessary for the development of an offeror’s proposal and will not be provided.

Question 7: The RFP provides limited information regarding equipment fitted to the vessel i.e: engines, navigation, communications equipment, general assembly (GA) drawings etc. can this be provided.

Answer 7: This will be addressed in Amendment 03.

Question 8: Would the Government please consider including page numbering starting on page 3 of the PDF starting at Section C? Page numbering does not start until the section labeled Attachment 2. This would help with navigation and any references throughout our proposal.

Answer 8: The Government’s procurement system is not generating all page number once exported to a PDF document.

Question 9: Page 14 of 77, Section C.8, Security, C.8.2 “At the time of award, to maintain the M/V INDEPENDENCE's operational readiness and to meet mission requirements, 8 of the 11 crew members and the Contractor's Security Officer must hold an in-scope TOP SECRET security clearance, with SCI Eligibility, based on a satisfactory Single Scope Background Investigation (SSBI)/TIER 5 (T5) under the provisions of Intelligence Community Directive (ICD) 704. At a minimum, this includes the following crew members: (1) Master, (2) Master/Mate, (3) Chief Engineer, (4) Assistant Engineer, (5) Cook, (6) Lead Able Bodied Seaman or Able Bodied Seaman, (7) Able Bodied Seaman or Ordinary Seaman, and (8) Assistant Engineer or Seaman of any level.”

Page 28 of 77, Section H.7 Personnel Security Clearance:

b. Personnel Listed

1. Master

2. Master/Mate

3. Chief Engineer

4. Assistant Engineer

5. Lead Able Body Seaman

6. Able Body Seaman and Ordinary Seaman

7. Cook

8. Facility Security Officer (FSO)

Please confirm the “Mate” should also be included in the required list of Key Personnel in Sections C.8 (C.8.2) and H.7.

Answer 9: The Government confirms that “Mate” should be included in the required list of Key Personnel in Sections C.8.2 and H.7.

Question 10: Page 28 of 77, Section H.8 WAGE DETERMINATION, MINIMUM WAGES RATES FOR INDIVIDUAL TASK ORDERS “Notwithstanding any other provision of this contract, minimum wage payment shall be as specified by P.L. 93-259 or the Service Contract Wage Determination, whichever is greater, for the following labor categories:

Able Bodied Seaman Ordinary Seaman Cook

The minimum wages to be paid for work performed under the Individual Task Order will be as required for that locale.”

Would the Government please consider revising the language to the following: “Notwithstanding any other provision of this contract, minimum wage payment shall be as specified by P.L. 93-259 or the Service Contract Wage Determination, whichever is greater, for the following labor categories:

Cook

The minimum wages to be paid for work performed under the Individual Task Order will be as required for that locale. Applicable Wage Determination (by Reference) Wage Determination No.: 2015-5626, Revision #8 State:

California Area: California County of Ventura”

Answer 10: Page 28 of 77 of the original solicitation, Section H.8 WAGE DETERMINATION, MINIMUM WAGES RATES FOR INDIVIDUAL TASK ORDERS: “Able Bodied Seaman” and “Ordinary Seaman” were removed from the list of required wage determination labor categories.

Question 11: Page 59 of 77, Section L.6 INSTRUCTIONS FOR SUBMISSION OF OFFERS “The proposals shall be submitted through electronic mail to Christopher Wolf at christopher.wolf2@navy.mil and Salvador Vargas at salvador.r.vargas1@navy.mil . The electronic mail package(s) shall be marked with the name of the proposer, the solicitation number, and the date and time specified for receipt of proposals.”

As the Government has size limitations for incoming e-mail and also prohibits the submission of zip files, would the Government please permit the submission of proposal in an alternate secure format like DoD SAFE?

Answer 11: The Government permits the submission of proposals through DoD SAFE.

Question 12: Page 1 of 77, SF33 Box 9: “5:00PM local time 14 July 2020” and Page 59 of 77, Section L.6 Instructions for Submission of Offerors “Submit all of the requested electronic mail proposals to the cited email addresses below no later than Tuesday, 14 July 2020 at 1500 PST.”

Please clarify the deadline for the time of submission.

Answer 12: Page 1 of 77, SF33 Box 9 of the original solicitation was changed from “5:00PM local time 14 July 2020” to “3:00PM local time 14 July 2020”.

b) Portions of this Solicitation were altered as follows:

1. Page 1 of 77, SF33 Box 9 of the original solicitation was changed from “5:00PM local time 14 July 2020” to “3:00PM local time 14 July 2020”.

2. Page 28 of 77 of the original solicitation, Section H.8 WAGE DETERMINATION, MINIMUM WAGES RATES FOR INDIVIDUAL TASK ORDERS: “Able Bodied Seaman” and “Ordinary Seaman” were removed from the list of required wage determination labor categories.

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 14-Jul-2020 05:00 PM to 14-Jul-2020 03:00 PM.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SECTION H

H.1 PLANT ACCESS

The Government Contracting Officer’s Representative (COR) and other authorized Government personnel shall be allowed access to the contractor’s plant in which work under this contract is being performed during normal working hours as long as the visiting government personnel has complied with the visit planning and coordination requirements of FAR 42.402.

H.2 OCCUPATIONAL SAFETY AND HEALTH REQUIREMENTS

If performance of any work under this contract is required at a Naval facility, the Contractor shall contact the Navy Occupational Safety and Health Office prior to performance of work at any Navy facility.

Contractors are responsible for following all safety and health related State and Federal statues and corresponding State, Federal, and/or Navy regulations protecting the environment, contractor employees, and persons who live and work in and around contractor and/or federal facilities.

Contractor shall monitor their employees and ensure that they are following all safety regulations particular to the work area. Contractor shall ensure that their employees (a) wear appropriate safety equipment and clothing; (b) are familiar with all relevant emergency procedures should an accident occur, (c) have access to a telephone and telephone number, to include emergency telephone numbers, for the facility when work is performed.

H.3 PERFORMANCE AT GOVERNMENT INSTALLATION

The contractor shall be required to furnish to the security department, at least 10 days in advanced of commencement of the contract, the name(s) and place(s) of birth of the individual(s) who shall be performing the services.

H.4 LIABILITY INSURANCE- COST TYPE CONTRACTS

In acordance with FAR 28.307-2, the following types of insurance are required and shall be maintained with the minimum amount shown:

Workers' compensation and employer's liability: $100,000

Comprehensive General Liability:

$500,000 per occurrence

Automotive Liability:

$200,000 per person $500,000 per occurrence for bodily injury $20,000 per occurrence for property damage

Vessel Liability: Vessel collision liability and protection and indemnity liability insurance will be required.

H.5 HOLIDAYS

(a) All or a portion of the effort under this contract will be performed on a Government installation. Listed below are the holidays observed by the Federal Government.

NAME OF HOLIDAY TIME OF OBSERVANCE

New Year’s Day 1 January Martin Luther King, Jr. Day Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

(b) In the event any of the above holidays occur on Saturday or a Sunday, then such holiday shall be observed by the Contractor in accordance with the practice as observed by the assigned Government employees at the using activity.

(c) If the contractor is prevented from performance as the resulting of an Executive Order or an administrative leave determination applying to the using activity, such time may be charged to the contract as direct cost provided such charges are consistent with the contractor’s accounting practices.

H.6 SECURITY WARNING

The contract, or the performance thereof, may involve access to information affecting the national defense of the United States within the meaning of the Espionage Laws, Title 18, U.S.C. Section 793 and 794. The transmission or the revelation of the classified contents, or of the classified matter to which access may be had, in any manner to an unauthorized person is prohibited by law. The contractor’s attention is directed to the clause entitled “Security Requirements”, (FAR 52.204-2), incorporated by reference in Section I).

H.7 PERSONNEL SECURITY CLEARANCE

a. The personnel listed below shall possess a current, security clearance at the level specified in the DD254. Prior to replacing any of key personnel, the contractor shall obtain written consent of the contracting officer. In order to obtain this consent, the contractor must provide advanced notice of the proposed changes and must demonstrate that the qualifications of the proposed substitute personnel are generally equivalent to or better than the qualifications of the personnel being replaced.

b. Personnel Listed:

1. Master

2. Master/Mate

3. Chief Engineer

4. Assistant Engineer

5. Lead Able Body Seaman

6. Able Body Seaman and Ordinary Seaman

7. Cook

8. Facility Security Officer (FSO)

H.8 WAGE DETERMINATION, MINIMUM WAGES RATES FOR INDIVIDUAL TASK ORDERS

Notwithstanding any other provision of this contract, minimum wage payment shall be as specified by P.L. 93-259 or the Service Contract Wage Determination, whichever is greater, for the following labor category:

Cook

The minimum wages to be paid for work performed under the Individual Task Order will be as required for that locale.

H.9 GOVERNMENT FURNISHED/CONTRACTOR ACQUIRED PROPERTY

In accordance with FAR 52.245-2, the Government may furnish to the contractor or direct the contractor to purchase for use in connection with this contract, various properties to be identified on the individual contract task orders.

Each contract task order, as applicable, will identify the property, quantity, original or estimated acquisition value, and place of delivery.

H.10 INDIRECT EXPENSE RATE CEILING

Pursuant to FAR 42.707, an indirect cost rate ceiling is incorporated into the contract. "Indirect cost" is defined as set forth at FAR 31.001 and 31.203. "Indirect cost rate" is defined as set forth at FAR 42.701.

Notwithstanding the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), and any other clause in this contract pertaining to accounting and cost reimbursement, the contractor shall be reimbursed at the lesser of the ceiling rates set forth in this provision or the allowable rates incurred, whichever are less. The allowable indirect cost under this contract shall be obtained by applying limitations on indirect cost rates to bases agreed upon by the parties, as specified below.

Allowability of costs and acceptability of cost allocation methods shall be determined in accordance with FAR Subpart 31.2 in effect on the date of the contract was awarded, as limited by the indirect cost rates established by this provision.

The limitations on indirect cost rate shall not reduce the effects of any monetary ceiling, or render any cost allowable that otherwise would not be allowable.

The limitations on the indirect cost rate shall apply to all work performed under any task order issued under the contract, and to all change orders and supplemental agreements, including changes due to growth, supplemental, emergent and new work.

Notwithstanding any of the terms in the contract, should the Contractor initiate a change to its accounting systems which would alter the composition of any overhead base or pool effected by this requirement, the contractor shall immediately inform the Contracting Officer in writing. No such change may be effected during the course of a task order so as to avoid the overhead rate cap created by this provision.

Schedule of Indirect Expense Rate Ceiling

Schedule of Indirect Expense Rate Ceiling

Description Fiscal

Year

Fiscal Year

Fiscal Year

Fiscal Year

Fiscal Year

Fiscal Year specify name specify name

The contractor’s fiscal year is from month- day to month - day. The contractor’s indirect cost rate structure includes overhead and G&A expense rate. The contractor’s allocation base for the overhead pool of indirect expenses is direct labor costs / direct labor costs and applicable fringe benefit / other: describe. The contractor’s allocation base for the G&A pool of indirect expenses is total cost input (TCI) / value added base / other: describe.

The contractor’s billings (SF 1035 public voucher) submitted to the Government should display application of the full G&A expense rate in the ‘current’ and ‘cumulative’ columns. The billing should include a section labeled “Contract Reserves and Adjustments” with separate line items to account for the adjustment (reduction) to the billed amounts for ‘G&A costs in excess of contract limitation.’

The limitation on indirect cost rates specified herein shall be the rates used to compute the costs in the Contractor's cost proposal for future task orders. Rate ceilings apply to all extended task orders and modifications.

The Government will not be obligated to pay any additional amount should any final indirect cost rates for any Contractor fiscal year exceed the indirect rates set forth in this provision. In the event any of the Contractor's final indirect cost rates are less than the indirect cost rates indicated herein the lower rate will apply. Any indirect expenses incurred by the Contractor in excess of the above capped rates are determined unallowable by the Contracting Officer under this task order. All costs directly associated with these unallowable costs are also unallowable. In accordance with FAR 31.201-6, these costs shall be excluded from any billing, claim, or proposal applicable to individual task order(s).

H.11 TASK ORDER LIMITATION OF COST/FUNDS

In accordance with the FAR Clause 52.232-20 “Limitation of Cost” (incorporated by reference in Section I), the Government shall not be obligated to reimburse the Contractor for work performed, items delivered, or any costs incurred under orders issued under the resultant contract, except as authorized by the Contracting Officer.

The contractor shall notify the contracting officer in writing whenever it has reason to believe that the costs the contractor expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75% of the estimated cost specified in the Task Order Schedule. Such notification shall include the cost and level of effort expended and that which will be required to complete performance. The Government shall have the right to modify the Task Order accordingly.

If the Contractor exceeds the estimated costs authorized by Task Order placed hereunder, the Government will be responsible only for reimbursement of the costs and payment of fee in an amount up to that established by the Task Order.

The total amount of all Task Orders issued shall not exceed the estimated costs and fee set forth in this contract.

H.12 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA)

In accordance with NMCARS 5237.102-90, this language incorporated into Section H applies to the basic contract and all delivery orders awarded under this contract on or after 1 OCT 2012.

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

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) S, Utilities ONLY;

(5) V, Freight and Shipping ONLY.

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

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

(End of Summary of Changes)