N40442-10-R-6006-0003 AMENDMENT 0003 DATED 17 MARCH 2011.doc
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AMENDMENT 0003 - REVISIONS TO ORIGINAL SOLICITATION TO EXTRACT SCBA REQUIREMENT
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SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION SF 1449 - CONTINUATION SHEET
SOLICITATION/CONTRACT FORM
The set aside percentage 100.00% has been added.
The required response date/time has changed from 03-Sep-2010 02:00 PM to 18-Apr-2011 10:00 AM.
The solicitation issue date has changed from 23-Jul-2010 to 17-Mar-2011.
The Acquisition Set Aside has changed from No Preference / Not Listed to Small Business.
TABLE OF CONTENTS
The Table of Contents has changed from:
Exhibit/Attachment Table of Contents
| DOCUMENT TYPE |
| DESCRIPTION |
| PAGES |
| DATE |
| Attachment 1 |
| ATTACHMENT 1 FIRE CONTROL PLAN CONFIGURATIONS |
| Attachment 2 |
| ATTACHMENT 2 SCBA CONFIGURATIONS |
| Attachment 3 |
| Past Performance Questionnaire |
to:
Exhibit/Attachment Table of Contents
| DOCUMENT TYPE |
| DESCRIPTION |
| PAGES |
| DATE |
| Attachment 1 |
| ATTACHMENT 1 FIRE CONTROL PLAN CONFIGURATIONS |
| Attachment 2 |
| Past Performance Questionnaire |
| Attachment 3 |
| DD254 SECURITY CLASSIFICATION |
The following have been added by full text:
WAGE DETERMINATION
WAGE DETERMINATION: The following wage determination(s), in accordance with the Service Contract Act of 1965, as amended, are hereby incorporated by reference into the contract and compliance with the same is mandatory:
Applicable to the following states: CA., FL., MD., MA., NJ., OR., SC., VA., WA. – WD 2010-0209 (REV. 1) dated 17 Dec 2010 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2011)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_XX__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
_XX__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_XX__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (JUL 2010) (Pub. L. 111-5).
___ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).
___ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (JAN 2011) (15 U.S.C. 657a).
_XX__ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
___ (9) [Reserved].
_XX__ (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).
___ (ii) Alternate I (OCT 1995) of 52.219-6.
___ (iii) Alternate II (MAR 2004) of 52.219-6.
___ (11)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).
___ (ii) Alternate I (OCT 1995) of 52.219-7.
___ (iii) Alternate II (MAR 2004) of 52.219-7.
_XX__ (12) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)).
___ (13)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)).
___ (ii) Alternate I (OCT 2001) of 52.219-9 ___ (iii) Alternate II (OCT 2001) of 52.219-9.
___ (iv) Alternate III (JUL 2010) of 52.219-9.
_XX__ (14) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).
___ (15) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
___ (ii) Alternate I (JUNE 2003) of 52.219-23.
___ (17) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (18) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (U.S.C. 657 f).
_XX__ (20) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)).
_XX__ (21) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).
_XX__ (22) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126).
_XX__ (23) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
_XX__ (24) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
_XX__ (25) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
_XX__ (26) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29
U.S.C. 793).
__XX__ (27) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
_XX__ (28) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
___ (29) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
_XX__ (30) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) ___ (32)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423) .
___ (ii) Alternate I (DEC 2007) of 52.223-16. .
_XX__ (33) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010) (E.O. 13513).
___ (34) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).
___ (35)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).
___ (ii) Alternate I (JAN 2004) of 52.225-3.
___ (iii) Alternate II (JAN 2004) of 52.225-3.
___ (36) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_XX__ (37) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (40) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)) ___ (41) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
_XX__ (42) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).
___ (43) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332) ___ (44) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).
___ (45) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
___ (46)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (APR 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_XX___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
_XX___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.)
____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008)(31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).
(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) Reserved.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 14 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.
(End of clause)
252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2011)
(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.
_XX__ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).
(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.
(1) _XX__252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).
(2) _XX__ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416).
(3) _XX__ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (OCT 2010) (15 U.S.C. 637).
(4) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (OCT 2010) (15 U.S.C. 637 note).
(5)(i) ___ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582).
(ii) ____ Alternate I (DEC 2010) of 252.225-7001.
(6) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b).
(7) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL 2009) (10 U.S.C. 2533b).
(8) _XX___ 252.225-7012,
Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a).
(9) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a).
(10) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (DEC 2010) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).
(11) )(i) ___ 252.225-7021, Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).
(ii) ___ Alternate I (SEP 2008)
(iii) ___ Alternate II (DEC 2010) of 252.225-7021.
(12) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779).
(13) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755).
(14)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (DEC 2010) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).
(ii) ___ Alternate I (JUL 2009) of 252.225-7036.
(iii) ___ Alternate II (DEC 2010) of 252.225-7036.
(iv) ___ Alternate III (DEC 2010) of 252.225-7036.
(15) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)).
(16) _XX___ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).
(17) ____ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).
(18) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).
(19) _XX___ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227).
(20) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).
(21) _XX___252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).
(22) _XX___ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).
(23)____252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010) (Section 807 of Public Law 111-84).
(24)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417).
(25)(i) ____ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).
(ii) ____ Alternate I (MAR 2000) of 252.247-7023.
(iii) ____ Alternate II (MAR 2000) of 252.247-7023.
(iv) ____ Alternate III (MAY 2002) of 252.247-7023.
(26) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).
(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:
(1) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).
(2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).
(3) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417).
(4) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).
(5) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).
(End of clause)
The following have been modified:
NOTE
Multiple contracts may be awarded for this requirement. Individual delivery/task orders will be issued and competed among offerors that receive a contract award, in accordance with FAR 16.505.
IDIQ CONTRACT--MINIMUM AND MAXIMUM AMOUNTS PER CONTRACT PERIOD (BY CONTRACT CLIN:
CLIN’s 0001 to 0058
MINIMUM
MAXIMUM
| BASE |
| $3,000.00 |
| $2,500,000.00 |
| OPTION YEAR 1 |
| $3,000.00 |
| $2,500,000.00 |
| OPTION YEAR 2 |
| $3,000.00 |
| $2,500,000.00 |
| OPTION YEAR 3 |
| $3,000.00 |
| $2,500,000.00 |
| OPTION YEAR 4 |
| $3,000.00 |
| $2,500,000.00 |
ORDERING PROCEDURES
ORDERING PROCEDURES: All orders under this contract will be fixed price. Vendors shall provide a fixed-price quote for services and supplies under CLINS 0001 through 4058 to complete Fighting Fighting Systems services and certifications. After following applicable selection procedures, the ordering officer shall issue a fixed-price task or delivery order in response to the quote(s) submitted.
Individual task orders placed under the contract shall be issued by the ordering officer. For purpose of the contract, any warranted contracting officer of the Military Sealift Command and its subordinate command, including, but not limited to, Military Sealift Fleet Support Command (MSFSC), shall serve as an ordering officer. The contractor is authorized to accept oral orders containing the same information as required on SF 1449. Oral orders may be used as advance instruments and must be confirmed by issuance of an SF 1449 within seven (7) business days. No payments shall be made for any work not supported by a duly executed SF 1449.
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT
1. The Contractor shall provide ALL personnel, material, and equipment to accomplish the work specified herein. All work shall be performed onsite, in one service call, and by a team of qualified technicians.
2. The Contractor shall be a facility possessing the professional knowledge of fire theory, fire fighting and fire extinguishing appliances sufficient to accomplish annual surveys, inspections, overhauls, certification and re-certification of the vessel's shipboard/ maritime fire fighting systems/equipment
3. The Contractor shall be an American Bureau of Shipping (ABS) recognized Service Provider/Recognized Specialist. The Contractor shall be in possession of a valid ABS approval letter certifying they have been audited by ABS, satisfactorily demonstrated the capabilities to perform the services applicable to this solicitation, and is approved by ABS to provide the services for which ABS surveyors may rely on to make decisions affecting classification or statutory surveys. The Contractor must submit, as a part of the technical proposal, copies of original equipment manufacturers (OEMs) current authorization as a certified/approved repair facility, and a valid ABS approval letter as above.
NOTE: The Government reserves the right to reject proposals submitted, in response to this RFP, that do not provide copies of OEMs authorizations as an approved repair facility and ABS approval certificates.
4. The Contractor’s technicians must be certified in the testing, training, and repair by an industry recognized organization through a formal certification program. The technicians shall be also be authorized by the OEMs for the systems and/or equipment they are servicing or certifying. All items will be serviced and maintained in accordance with the OEMs specifications and certification requirements as set forth by the USCG, ABS, Code of Federal Regulations (CFR), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA), National Institute for Occupational Safety and Health (NIOSH), Mine Safety and Health Administration (MSHA), and National Fire Protection Association (NFPA), Underwriters Laboratories (UL), and Factory Mutual Research Corp (FM)
5. The Contractor shall ensure that Contractors Certifications/Approvals are maintained current throughout the period of performance.
6. The Contractor is responsible for technicians / personnel meeting security requirements for shipboard and base access. The Contractor will also be required to submit DD FORM 254 DEPARTMENT OF DEFENSE CONTRACT SECURITY CLASSIFICATION SPECIFICATION
7. The Contractors pricing shall be based on the Contract Line Item numbers (CLINs) as specified in the Performance Work Statement (PWS).
8. The Contractor is responsible for arranging and coordinating attendance of ABS, USCG, or other required certifying or regulatory agencies in performance of this work statement
9. The individual ships’ Fire Fighting configurations are approximately represented by the attached spreadsheet entitled “Ship Fire Fighting Configurations” and by each ship’s representative Fire Control Plan provided as Government Furnished Information.
10. Tentative dates and location for each service call, under normal operational conditions, will be provided with 30 days of the commencement date. The confirmed date and ship location will be provided one week prior to the commencement date of the service call. Firm performance dates and location will be specified in each Delivery Order. The dates and location shall be verified and obtained by the Contractor prior to the Contractor’s departure to the respective ship/job site. The Contractor can receive confirmation by contacting the responsible MSFSC Port Engineer or Contracting Officer whose name and phone number will be provided on each Delivery Order.
11. This PWS may require that work be performed on vessels while berthed at Government owned or Government furnished piers or while the vessel is underway. Due to worldwide ship locations and rapid changes in ship’s deployment and operating schedules, Contractor personnel must be able to respond to schedule changes within forty-eight (48) hours for Continental United States (CONUS) locations and seventy-two (72) hours for outside the Continental United States (OCONUS) locations.
12. The Contractor shall have the capabilities to simultaneously respond to service calls in multiple locations CONUS and/or OCONUS. Contractor need not be capable of performing every task order IAW FAR 16.504(c)(ii) and may choose to quote, at the task order level, for only those regional requirements in the contractor's area of operations. Contractor shall make every effort to utilize qualified local/regional support for the vessel scope and location at the task order level. Estimated travel expenses will be included in the total evaluated price and used in the best value consideration when issuing the task orders.
13. The Contractor is responsible in ensuring compliance with industrial safety and environmental regulations, State and Federal, as well as any Shipboard Safety Policies, ensuring that all personnel are in the possession of, and are properly trained in the use of Personal Protective Equipment (PPE) and it will be utilized during the performance of this contract.
14. The Contractor shall conduct briefings, obtain authorized signatures for certified witness of testing and prepare a preliminary and final report for each service call.
14.1. The Contractor shall conduct an opening brief for key shipboard personnel prior to the commencement of the service call. The MSFSC Port Engineer and the Contractor’s representative will mutually agree to the time and location of the briefing and the MSFSC Port Engineer will assemble key shipboard personnel for attendance.
14.1.1. The Contractor’s opening brief shall address, as a minimum but not limited to the following:
a. Equipment to be inspected, repaired, tested, recharged, and certified
b. Shipboard support responsibilities (e.g. lock out/tag out)
c. Affected areas involved in the inspection, testing, and repairs
d. Affected systems or boundaries that will be impacted
e. Planned schedule to accomplish requirements of Delivery Order
14.2. The Contractor shall provide the MSFSC Port Engineer and Chief Engineer with a DAILY report and briefing of current inspection status, ANY degraded system integrity, and a plan of action for the following day. NOTE: Any systems integrity that cannot be restored to operational condition will be identified in the report with a signed acknowledgement by the authorized MSFSC Representative.
14.3. The Contractor shall conduct a closing brief for key shipboard personnel upon completion of the service call, The MSFSC Port Engineer and the Contractor’s representative will mutually agree to the time and location of the closing brief and the MSFSC Port Engineer will assemble key shipboard personnel for attendance. The Contractors closing brief shall include a typewritten preliminary report addressing, as a minimum, but not limited to, the following:
a. Status of surveyed and inspected systems/equipment
b. List of affected areas/equipment requiring repair, recharge and testing
c. List of found problems and corrective actions taken
d. Weighing list of bottles to include bottle ID’s / DOT Serial numbers, location, tare weights (net and gross), last hydro date, next hydro date, and type of agent
e. Signed & Dated Certificates of Inspection stating that all annual inspections and testing as required have been accomplished for all equipment and systems certified during the service call and that all systems and equipment are in good order and ready for use.
NOTE: ALL Certificates shall denote location of, serial numbers, weight, and date of last hydrostatic test for each piece of equipment inspected/tested to include the inspection & testing criteria / standards to which they were inspected and the name of the person, and the company he represents, who conducts the test or inspection.
f. Identification of any disparities in the Government Furnished Information (GFI) provided (i.e. Fire Control Plans) and the actual shall be noted and included in the type written final report. If none, then is shall be noted as NONE.
g. Any Recommendations for future repairs/modifications.
A FINAL SERVICE CALL REPORT shall be submitted within 10 days of completion of the service call. The Contractor shall submit three copies of a final service call report to the Port Engineer. This will consist of 3 Hard Copies and one electronic copy in PDF Format
15. The contractor is to include in the pricing of this CLIN all labor and material expenses that are to be expected for normal preparation and delivery of Contract Data Requirements.
16. RESERVED
17. CLINs 0001 through 0051: Annual Fire Fighting Certification (every twelve months plus or minus 1 month). The Contractor shall provide pricing for this CLIN based on the ship’s fire fighting and fire detection configuration as approximately documented by each ship class’ Fire Control Plan. A spreadsheet listing the ship’s to be addressed by this CLIN along with a copy of the available Fire Control Plans is provided as GFI.
17.1. The annual Fire Fighting Survey shall include, but not be limited to, the following: Fixed CO2 systems/cylinders; Semi-Fixed CO2 systems/cylinders; Hose reel systems/equipment; Halon systems/equipment; Fire and Smoke detection systems and associated sensors;
Dry chemical extinguishing systems/equipment; Chemtron or equivalent systems/equipment; Galley fire suppression systems; Portable extinguishers; AFFF Firefighting and Transfer systems and equipment; FM-200 System/Equipment, master and individual alarm units and control panels, equipment , and spare system bottles.
17.1.1. All Fire Detection and Fire Extinguishing systems/equipment shall be surveyed and tested for operational capability. During annual surveys, inspections and tests, the following shall be completed:
a. All fixed, semi-portable / semi-fixed (hose reel), and portable CO2, Halon, and dry chemical bottles shall be disconnected, weighed, tagged, resealed, and reconnected. If bottles are found to be beyond the due dates for hydrostatic testing, the Contractor, under negotiated contract modification at the delivery order level, will convey to the contractor's facility. At the time of servicing or in the event of decommissioning, all attempts will be made to recover the bottles agent for recycling, reprocessing, or disposal in accordance with approved methods. The bottles will be recovered where applicable, hydrostatically tested, date stamped, recharged, returned to the ship and reinstalled back in their respective locations.
b. All hoses, nozzles, valves, piping and fittings shall be examined and tested heck piping condition on fire detection/extinguishing systems.
c. Inspect and test all heat sensor devices, smoke detection systems and heat sensors
d. Draw a sample of the foam liquid from each of the foam tanks and conduct a laboratory analysis to determine specific gravity, pH, percentage of water dilution, and solids content. A written report shall be provided detailing the results of the laboratory analysis
e. Inspect, test, service and demonstrate proper operation of the louvers and ventilation shut-downs
f. Inspect, test and service smoke detection systems, detectors and heat sensors.
g. Conduct operational simulation test of ship’s fire detection and fire fighting systems.
h. Demonstrate proper operation of all remote releases, ventilation shutdowns, time delays, and alarms as required for certification of this item
17.1.2 Prior to completion of the service call, the contractors technicians will certify, that all systems integrity undergoing testing has been returned back to operational status
17.1.3 Upon completion of the inspections and/or tests required by this standard, the Contractor, or contractors designated representative, shall certify that the inspection or test has been made and the date on which it was made.
17.1.4 Certifications of hydrostatic testing shall be provided as part of the Final Service Call Report. This shall be retained by the Contractor until the fire extinguisher is retested or permanently removed from service or the termination of this contract at which time these records will be turned over to the Military Sealift Fleet Command or its successor.
17.1.5 The Final Service Call Report, and any enclosures or exhibits, shall be provided as three (3) legible typewritten hard copies and a copy in electronic PDF Format to include required Certificates of Inspection to the MSFSC Port Engineer stating that all annual inspections and testing as required have been accomplished and that all systems and equipment are in good order, system integrity has been restored, and are ready for use.
17.2 Terms of Warranty: The contractor shall guaranty that all items will be serviced and maintained in accordance with the specifications of the manufacturer and certification requirements as set forth by the USCG, ABS, DOT, OSHA, NIOSH, MSHA, and NFPA, UL and FM.
18 CLIN 0052: Emergent Repairs and Upgrades: The Contractor shall provide pricing for labor and material cost to accomplish emergent repairs, system/equipment upgrades, and material procurements associated with the Fire Fighting and Fire detection systems for the vessels addressed by this contract.
19 CLIN 0053: Labor-Straight Time (S/T): The contractor will be reimbursed for straight time labor expenses that are required but not included in pricing for CLINs 001 through 0051 Straight time (S/T) includes normal work of eight (8) hours per day, five (5) days per week, Monday through Friday. Travel time, including Saturdays, Sundays and Holidays, shall be billed at Straight time rates.
20 CLIN 0054: Labor-Overtime (O/T): The contractor will be reimbursed for overtime labor expenses that are required but not included in pricing for CLINs 001 through. 0051. Overtime (O/T) includes any work in excess of eight (8) hours per day or in excess of forty (40) hours per week, or work performed on Saturdays.
21 CLIN 0055: Labor-Premium Time (P/T): The contractor will be reimbursed for premium time labor expenses that are required but not included in pricing for CLINs 001 through 0051. Premium time includes any work performed on Sundays or holidays.
22 CLIN 0056: Labor-Travel Time (T/T): The contractor will be reimbursed for travel time including Saturdays, Sundays, and Holidays at straight time (S/T) rates.
23 CLIN 0057: Material: The contractor shall make an effort to utilize parts currently in the Government’s inventory. The contractor will be reimbursed for material that is required but not included in pricing for CLINs 001 through 0051. Material orders not connected to services may be required.
24 CLIN 058: Travel, Per Diem, Air Fare, and Ground Transportation: The contractor will be reimbursed for all travel and mobilization expenses including air fare, excess baggage charges, car rental, transfers, visas, local transportation and mobilization charges as well as per diem charges as set by JTR. See MSFSC Travel Clause for specific information.
EVALUATION--COMMERCIAL ITEMS
(a) The Government intends to award a single or multiple contract(s) resulting from this solicitation to the offeror(s) that:
1) Obtains a technically acceptable proposal rating;
2) Obtains a past performance rating of satisfactory or neutral;
3) Offers a total evaluated price determined fair and reasonable by the Contracting Officer; and
4) Is determined responsible under FAR Part 9.104.
The following factors shall be used to evaluate offers:
1) Factor 1: Technical
Sub-Factor A - Technical Approach
Sub-Factor B - Sample Tasks
Sub-Factor C – Technical Capabilities
2) Factor 2: Past Performance
3) Factor 3: Price
(b) Options. 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 reserves the right to reject any proposal submitted without the required pricing, technical, or past performance requirements. All required elements of the proposal must be submitted no later than the due date and time for proposal submission in accordance with Clause 52.212-1.
52.216-18 Ordering. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 15 July 2011 through 14 July 2012; or the last day of any exercised option period.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
52.216-22 Indefinite Quantity. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 14 July 2012; or the last day of any exercised option period.
(End of clause)
Addendum to 52.212-1 INSTRUCTIONS TO OFFERORS - - COMMERCIAL ITEMS
52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS
(a) General and Proposal Content: Offerors submitting a proposal shall (1) provide an original Compact
Disc (CD) containing Volume I and three CD copies, and one CD containing Volumes II and III, (2) submit Volumes I through III on two separate CD disks. Ensure no pricing information is contained in Volume I. Facsimile proposals will not be accepted. Offerors shall submit proposal submissions to the following address by the offer due date provided in Box 8 of the SF1449:
Department of the Navy
Military Sealift Fleet Support Command
Attn: CHERYL SOMERS
471 ‘C’ Street, BLDG SP-64
Norfolk, VA 23511
(b) Regions: Offerors must be able to provide all services defined by the PWS but offerors need not be capable of performing every task order IAW FAR 16.504(c)(ii). Offerors may choose to quote, at the task order level, for only those regional requirements in the contractor's area of operations and need not be able to perform services in all locations specified in the solicitation. Contractor shall make every effort to utilize qualified local/regional support for the vessel scope and location at the task order level. Estimated travel expenses will be included in the total evaluated price and used in the best value consideration when issuing the task orders. Proposals must address the offerors ability to perform services as defined in the PWS.
(c) Request for Clarification: All requests for clarifications shall be submitted to the contracting officer no later than 2 weeks prior to the closing date of the solicitation.
(d) ADMINSTRATIVE:
(1) All questions concerning the solicitation shall be addressed to the Contract Specialists identified below by email as follows:
Cheryl.somers@navy.mil corey.squires@navy.mil
VOLUME 1: TECHNICAL (The following technical factors are all equal in importance and sub-factors are also equal in importance).
Sub-Factor A - Technical Approach
Sub-Factor B - Sample Tasks
Sub-Factor C – Technical Capabilities
The following grading scales will be used to evaluate Technical Proposals:
SATISFACTORY: To receive this rating, the approach or plan must adequately meet the requirements in the solicitation and is presented with at least minimal detail to assure the evaluator of an understanding of the proposed approach. The approach has a satisfactory probability of meeting requirements with limited technical risk.
MARGINAL: To receive this rating, the approach or plan has been presented with minor omissions or misunderstanding of the requirements in the solicitation, which could be corrected or expanded without a complete revision of the proposal to assure the evaluator of an understanding of the proposed approach. There is significant risk in meeting requirements. If after responses to IFNs have been incorporated into the final revised proposals SSEB has determined a factor to be marginal or below, the factor shall be rated unacceptable. If the rating of unacceptable in the factors results in a rating of unacceptable for any major technical evaluation factor, the entire proposal shall be rated unacceptable.
UNSATISFACTORY: To receive this rating, the approach or plan has been presented with major omissions or misunderstanding or has been completely omitted and has inadequate detail to assure the evaluator of an understanding of the proposed approach. Proposal cannot meet requirements without major revisions.
The proposal should clearly demonstrate that the offeror has a thorough understanding and capability to perform the efforts described in the Statement of Work. It is recognized that all technical elements cannot be detailed in advance, but the proposal must be sufficient to describe the manpower and facilities the offeror proposes to use to accomplish the effort. Statements that the prospective offeror understands, can or will comply with the contract requirements, or paraphrasing the contract Statement of Work, or parts thereof are considered inadequate.
Subfactor A: Technical Approach. MSC will evaluate each offeror’s (1) technical approach to the Performance Work Statement (PWS) and the soundness thereof; and (2) understanding of the PWS.
Subfactor B: Solution to Sample Tasks. MSC will evaluate each offeror’s approach to, and understanding of, the sample tasks – including quality and clarity of the response; technical and management approach; ability to perform the work; proposed service schedules; manpower estimates; and associated costs.
Subfactor C: Technical Capabilities. MSC will evaluate each offeror’s (1) location, features, and capabilities of facilities and equipment available to support the contract, (2) management and field service representative training and certification to fulfill the requirements of the PWS, (3) staff resources (shop and field) to service multiple ships concurrently as defined in the PWS within nominal ship availability maintenance windows (normally a 30 – 45 day window), and (4) quality control plans in place.
Subfactor A: TECHNICAL APPROACH
· The proposal should be sufficiently complete to demonstrate how the Offeror will comply with the PWS. Clarity, completeness, and conciseness are essential. The submitted package will specify, in detail, how the Offeror intends to perform operationally, logistically, and administratively (at a minimum). The overall quality of the Technical Proposal will be evaluated in the context of being representative of the Offeror's capabilities. “Brochuremanship" is not desired.
· Successful performance under this contract demands an integration of technical capability, acquisition and retention of fully capable, multi-talented, OEM and ABS/USCG-approved, adaptable personnel and management expertise with emphasis on timely, accurate output, quality assurance and cost management. Proof of ABS, USCG, and OEM certifications/endorsements shall be provided as part of the technical proposal.
· The Technical Approach shall be such as to enable evaluators to make a thorough evaluation and arrive at a sound determination as to whether the services to be provided will meet the requirements of the Government. To this end, this portion of the Technical Proposal shall be sufficiently specific, detailed and complete so as to demonstrate clearly and fully that the Offeror has a thorough understanding of the requirements for, and problems inherent in providing the services defined by the Performance Work Statement.
· The technical approach should identify specific methodologies to be incorporated to ensure quality performance is provided at the lowest reasonable cost without impacting the timeliness of delivery or completion of tasking. The technical approach should demonstrate the adequacy and completeness of the approach/description of how the program would be carried to its conclusion, by major task and significant subtask. Offerors are encouraged to include diagrams showing the tasks and milestones related to the output. A technical approach which encompasses capability, technology, authority to perform required tasks, and is results oriented is preferred. The technical approach shall also address the following:
Ability to identify in advance, any ship systems COTS parts/materials, needed to support a typical ship fire fighting certification.
Ability to stock long lead time parts
Ability to identify/submit clearance requests for travel and access to OCONUS foreign ports/government facilities; AND ability to gain access to CONUS government facilities and commercial shipyards (i.e., proof of insurance now typically asked for by shipyards).
Subfactor B: SAMPLE TASKS
CASE STUDY #1 USNS Alan Sheppard at Guam Shipyard and USS Frank Cable at USN Pier in Guam
a. SCENARIO: You’ve been issued Delivery Orders to accomplish annual firefighting and SCBA servicing aboard the USNS Alan Sheppard and USS Frank Cable during their 14 day Voyage Repair availabilities in Guam. The USS Frank Cable availability starts 4 days after the USNS Alan Sheppard’s availability and you receive the delivery orders for both availabilities 30 days prior to their starts.
b. REQUIREMENT: Provide a detailed Course of Action (COA) to satisfy the delivery orders. The COA of action shall address the following areas, but need not be limited to these areas:
(1) Overall approach to accomplishing servicing requirements with a detailed schedule in the form of a GANTT chart,
(2) mobilization of equipment and personnel (including number of field representatives serving each vessel and shop facilities used).
(3) conduct of kickoff meetings and briefings with Government and Regulatory Body representatives
(4) availability of spare parts and transport of same to Guam for high failure rate components…
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