N62387-15-R-5301_0004.docx

N62387-15-R-5301

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

BLOCK 14 CONTINUATION PAGE

This amendment makes the following changes:

1. SF 33, Block 9: Closing date and time for offers is changed to:

- 2:00 PM Washington DC Time, Monday, 05 January 2015, for all proposal documents except the Price Proposal.

- 2:00 PM Washington DC Time, Monday, 19 January 2015, for the Price Proposal.

2. Section L-12.1.C.II.c is added as follows:

“All price proposals in response to this RFP shall be submitted electronically to: john.fiddelke.@navy.mil and jay.standring@navy.mil. Any cover sheet shall be in either Adobe or Microsoft Word format. The price proposal itself must be in Microsoft Excel format. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. To be timely, an E-mail proposal must be received in its entirety in the designated E-mail inbox by the due date and time for proposal submission. An E-mail proposal that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for proposal submission will be considered late unless the exception at FAR 52.212-1(f)(2)(i)(A) applies. The exception at FAR 52.212-1(f)(2)(i)(B) shall not apply to E-mail proposals.”

3. At M-1.B.III, Ship Overhaul and Repair Experience - Planned Maintenance Experience, “3,000GT” is corrected to “10,000GT.”

4. Attachment B-2, Provisional CBAs for USNS WHEAT, is replaced by Attachment B-2, Wage Determination 2011-0140 Rev 5 for USNS WHEAT.

5. Attachment H - Past Performance Data Sheet is replaced with an updated version which adds Box 14.

6. Section J - List of Documents, Exhibits and Other Attachments is updated to reflect items 4 & 5 above.

7. At M-1.B, Evaluation Factors, “N00033-14-R-5301” is corrected to “N62387-15-R-5301.”

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time 22-Dec-2014 02:00 PM has been deleted.

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following have been modified:

SECTION J

Attachment A Technical Manual

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

SECTION L

L-1 RESERVED

L-2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract with reimbursable elements resulting from this solicitation.

L-3 FAR 52.233-2 SERVICE OF PROTEST (SEPTEMBER 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Mr. Jay Standring, Contracting Officer, Military Sealift Command, 914 Charles Morris Ct, S.E., Code N1033/PM3, Washington Navy Yard, D.C. 20398-5540.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L-4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.arnet.gov/far http://www.acq.osd.mil/dp/dars/dfars.html

L-5 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)'' after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 1-2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

L-6 RESERVED

L-7 SHIP CHECK BY OFFERORS

To the extent that vessel schedules can accommodate, prospective offerors will be afforded an opportunity to conduct ship checks, at the Government’s convenience. Prospective offerors wishing to make a ship check should contact Mr. John Fiddelke at john.fiddelke@navy.mil or (202) 685-5838 for an appointment, copying Mr. Jay Standring at Jay.Standring@navy.mil or (202) 685-5838. When making the request, offerors are to provide the name, place of birth, and citizenship of all personnel who will be directly 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 that prospective offeror will not be able to participate in the ship check. The last date for conducting a ship check is seven days before the closing date of the solicitation.

L-8 COST OR PRICING DATA

If adequate price competition is not received and none of the other exceptions in FAR 15.403-1(b) applies, prior to contract award the Contracting Officer may require submission of certified cost or pricing data, in accordance with FAR 52.215-20. Offerors will be notified if Certified Cost or Pricing Data is required.

L-9 PRE-AWARD SURVEY

A pre-award survey may be conducted when the Contracting Officer determines it to be in the Government’s best interest.

L-10 RESERVED

L-11 DEADLINE FOR RECEIPT OF QUESTIONS FROM PROSPECTIVE OFFERORS

Potential offerors may submit questions in writing, regarding the PWS and the terms and conditions of this solicitation by email ONLY and questions must be received in the following electronic mail inboxes by 1600 local time, Washington DC, 14 days before the closing date of the solicitation: Mr. John Fiddelke (john.fiddelke@navy.mil; Mr. Jay Standring (Jay.Standring@navy.mil).

L-12 SUBMISSION OF OFFERS

(a) Offers must be submitted by mail or hand delivery only (including commercial express delivery services) and should be enclosed in a sealed envelope. Access to the Washington Navy Yard, where MSC is located, is restricted. Offerors, couriers, and other delivery services may encounter unpredictable and lengthy delays or denied access when attempting to enter that facility. Similarly, mailed and emailed proposals may encounter unpredictable and lengthy routing delays. In all cases, offerors are responsible for the risks associated with the chosen delivery method and for ensuring that the Government receives the complete proposal at the appropriate designated location prior to the due date and time for proposal submission. The offeror's name and address should appear on the envelope should be enclosed in another envelope properly addressed as indicated below.

(b) Address for submission of offers is as follows:

(c) Neither telegraphic nor facsimile offers will be considered. Further, electronic submission of offers will not be accepted for initial proposals.

(d) Offerors must submit the information required below on two Compact Discs (CD) that are compatible with Microsoft Office 2010. The first CD shall contain the (1) Solicitation Package, and (2) Past Performance Data and Price Proposal. The second CD shall contain the (3) Technical Proposal.

(e) 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.

(f) With respect to FAR 52.215-1(d), unless offeror inserts a shorter period in Block 12, SF-33, by submission of an offer, offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The foregoing does not preclude an offeror from withdrawing its offer prior to award.

(g) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

L-12.1 GENERAL PROPOSAL REQUIREMENTS

The successful proposal may be incorporated into the resulting contract. Offerors shall follow the guidelines set forth below for submission of its offer:

A. Solicitation Package

(a) Cover Letter, providing the information outlined in FAR 52.215-1(c) (2). Any exceptions to the solicitation’s requirements/terms/conditions shall be outlined in the cover letter. If none exist, a statement to this effect shall be included in the cover letter.

(b) Section A, “Standard Form 33” must have blocks 12 through 18 completed (signed and dated) when the form is submitted with the offer. Failure to do so may lead to rejection of the offer.

(c) Statement that the offeror’s current and complete Representations and Certifications are available in the System for Award Management (SAM). The offeror must maintain a complete Representations and Certifications. Items which are not applicable should be marked “N/A.”

(d) Standard Form SF-LLL, “Disclosure of Lobbying Activities” (Attachment F).

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

(f) Mission-Essential Contractor Services Plan (MECSP) with a completed Attachment M – MECSP Worksheet. In accordance with DFARS 252.237-7023 and 252.237-7024, all offerors shall submit a Mission-Essential Contractor Services Plan.

(g) Small Business Subcontracting Plan. In accordance with FAR 52.219-9 and DFARS 252.219-7003, large business offerors shall submit a Small Business Subcontracting Plan with their proposal. Offerors shall ensure they submit a Small Business Subcontracting Plan with all of the information required by FAR 52.219-9. In preparing the Small Business Subcontracting Plan, offerors should note that historical compliance with FAR 52.219-8 and FAR 52.219-9 may be evaluated as part of Past Performance in future source selections. A subcontracting plan is NOT REQUIRED from small business concerns and will not be evaluated.

(h) Each small business must provide current SAM documentation certifying that it is considered a small business under NAICS Code 483111 (Deep Sea Freight Transportation).

(i) Corporate Viability. Provide a copy of the most recent audited and certified financial statement which shall include a balance sheet, profit and loss statement and a cash flow statement. The offeror shall also provide projected cash flow statements for the entire performance period, including options, covered under this solicitation. Offeror must 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 is an amount equal to the total value of 45 days of per diem payments in FOS for all ships under contract (two (2) ROCONs during the base period, five (5) ROCONs during all option periods), plus the necessary resources to conduct one major availability (estimated at $6,500,000).

(j) Insurance:

(a) To demonstrate compliance with the insurance requirements of Section H, Offerors shall submit a signed letter from an insurance provider (including insurance brokers) stating the following (check coverage and vessels as applicable):

1. 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 ships:

___ USNS ****

___ USNS ****

2. 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.

3. All policy cover notes will contain the following statement:

The terms or conditions of insurance contained in this cover note or document shall govern and shall be controlling in the event that there are any inconsistent terms or conditions in the applicable insurance provider rules or insurance policy. 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, additional premiums, calls, commissions, advancements, assessments, or overspill claims. It is understood that the vessel(s) does not have Hull & Machinery insurance. It is understood that any disputes between the insurer 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 insurer is not granted a lien on the covered vessel(s) under any circumstances.

(b) If an Offeror submits separate letters from multiple insurance providers, the letters, collectively, must provide the full coverage required by the Government.

(c) Any documentation an Offeror submits in lieu of that specified in paragraph (a) above is unacceptable and will not be evaluated.

(k) Collective Bargaining Agreements (CBA). If applicable, offerors shall provide current documents that are signed and dated by the parties. However, the terms of the CBA between the contractor and the union are neither considered to be a part of the contract nor form the basis of any claim or request for equitable adjustment (REA).

(l) SCA Certification: The offeror must certify that it will comply with the Service Contract Act during performance of the contract.

B. Technical Proposal Requirements

(a) The information requested in these instructions and in the attached forms must be submitted.

(b) Offerors shall complete Attachment L - Technical Forms I-IV in their entirety for minimum technical requirements I, II, III, and IV.

(c) NOTE - If teaming agreements are used to satisfy any of the minimum technical requirements I-IV, the offeror shall provide a description of what the teaming arrangement is and how the members of the teaming arrangement satisfy the minimum requirement. This description shall be provided on no more than one typed page (8.5” x 11”), double spaced, 12pt. Furthermore, Offerors shall provide all supporting personnel resumes and/or teaming agreements used to satisfy the minimum technical requirements I-IV set forth in Section M below. If a teaming agreement is used, the agreement must be signed by all parties affected by the agreement with attached resumes as evidence of meeting the Prime’s requirements. The signature page does not count towards this document’s page limit.

(d) For minimum technical requirement V, Management Control System/Accounting System, Quality Management System, Safety Management System, and Property Control System, the offeror shall warrant it meets, or will meet by start of contract performance, the requirements of C-3.10, Management Control System/Accounting System, C-3.24, Quality Management System, C-3.23, Safety Management System, and C-3.6.6, Contract Property Administration. If an offerors does not currently have the required systems in place it will provide a narrative describing how it will have these required systems in place by the contract performance start date.

C. Past Performance Data & Price Proposal

I. Past Performance Data

a. Offerors are requested to provide information on up to five previous Government contracts whose effort is recent and relevant to the effort required by this solicitation.

i. “Recent” is defined as a contract in-progress or completed within the last three years. If the offeror has not had five Government contracts within the last three years, information on recent and relevant subcontracts and/or commercial contracts may be submitted.

ii. “Relevant” is defined as a contract that is of similar scope, magnitude, complexity to the requirements as set forth in this solicitation.

1. Scope: Experience in the areas defined in the PWS.

2. Magnitude: The measure of the similarity of the volume, dollar value and/or duration of the work actually performed under the offeror’s submitted contracts to the PWS.

3. Complexity: The measure of the similarity of technical difficulty, managerial intricacy and/or required coordination of efforts and disciplines performed by the offeror in its submitted contracts to the PWS. For complexity, not only will the tasks performed by the offeror be considered, but also the offeror’s ability to coordinate tasks (e.g., concurrent performance requirements).

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

c. For each of the contracts the offeror describes in a Performance Data Sheet (Attachment H), the offeror is requested to provide a Past Performance Questionnaire (Attachment I) to a reference at the organization that awarded the contract. It is requested that the reference, not the offeror, email the completed Past Performance Questionnaire (Attachment I) BEFORE THE DUE DATE FOR PROPOSALS directly to John Fiddelke, e-mail: john.fiddelke@navy.mil AND to Jay Standring, email: Jay.Standring@navy.mil. The offeror, NOT THE GOVERNMENT, is responsible for ensuring that the Government receives a sufficient number of questionnaires.

d. All offerors are requested to address historical compliance with the requirements of FAR Part 52.219-8 (Utilization of Small Business Concerns) in the Performance Data Sheet (Attachment H). In addition, large businesses are requested to address historical compliance with the requirements of FAR Part 52.219-9 (Small Business Subcontracting Plan) and DFARS 252.219-7003 (Small Business Subcontracting Plan, DOD Requirements) in the Performance Data Sheet (Attachment H).

e. An offeror that does not have recent and relevant past performance to provide for consideration is requested to affirmatively state that it does not have relevant and recent past performance for the Government to consider.

II. Price Proposal

(a) Attachment G – Pricing Form contains the Government’s estimate of reimbursables for the contract at tab “Form B.”

(b) The offeror’s price proposal shall consist of a completed Attachment G – Pricing Form. The offeror must certify that the wages and fringe benefits contained in its offer meet, at a minimum, the wage and fringe benefits levels contained in the Department of Labor Wage Determination(s) (Attachment B).

(c) All price proposals in response to this RFP shall be submitted electronically to: john.fiddelke.@navy.mil and jay.standring@navy.mil. Any cover sheet shall be in either Adobe or Microsoft Word format. The price proposal itself must be in Microsoft Excel format. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. To be timely, an E-mail proposal must be received in its entirety in the designated E-mail inbox by the due date and time for proposal submission. An E-mail proposal that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for proposal submission will be considered late unless the exception at FAR 52.212-1(f)(2)(i)(A) applies. The exception at FAR 52.212-1(f)(2)(i)(B) shall not apply to E-mail proposals.”

SECTION M - EVALUATION FACTORS FOR AWARD

SECTION M

M-1 Basis for Award

A. General

The Government will evaluate offers on a Lowest Price, Technically Acceptable basis in accordance with FAR 15.101-2. The technical factors and past performance will be evaluated on an acceptable/unacceptable basis. Technical tradeoffs will not be made and no additional credit will be given for exceeding the minimum requirements of the solicitation. Award will be made to the offeror with the lowest evaluated price proposal and acceptable past performance whose offer conforms fully to the solicitation requirements and meets the acceptability standards for all non-price factors. In order to be considered for award, an offer must receive an acceptable rating in every non-price factor/subfactor.

The Government intends to evaluate proposals and award a contract without discussions with Offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

Award on the basis of the lowest evaluated price is considered reasonable and practicable for this procurement because the Government’s minimum requirements are easily definable. The Government reserves the right to make an award based upon initial offers. Additionally, the Government may, after evaluation of initial offers, limit the number of proposals in the competitive range to allow for an efficient competition in accordance with FAR 15.306(c)(2).

B. Evaluation Factors

In selecting the lowest price technically acceptable offer, the following factors and subfactors will be evaluated:

In order to be considered for award, offers must meet minimum technical requirements delineated in RFP N62387-15-R-5301 Section M. These requirements are based on the requirements in Section C of the contract.

C. Technical

Technical proposals will be evaluated against the following minimum technical requirements to determine acceptability:

The following definitions apply to the evaluation of proposals with respect to technical factors and subfactors:

Acceptable: Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable: Proposal does not clearly meet the minimum requirements of the solicitation.

NOTE - EXPERIENCE (MINIMUM TECHNICAL REQUIREMENTS I-IV) MAY BE SATISFIED THROUGH THE EMPLOYMENT OR RETENTION OF PERSONNEL BY THE OFFEROR, BY A SUBCONTRACTOR, OR THROUGH A TEAMING ARRANGEMENT IN ORDER TO MEET THE SPECIFIC MINIMUM TECHNICAL REQUIREMENTS SET FORTH IN THE SOLICITATION.

I. Fleet Operational Experience Offeror’s information provided in Technical Form I demonstrates it has experience simultaneously operating three or more ocean going motor vessels, steam ships, or gas turbine ships with 10,000GT and 10,000HP/7,500kW or greater for a minimum of three continuous years in the last 10 years.

II. Ship Overhaul and Repair Experience - Corporate Experience Offeror’s information provided in Technical Form II demonstrates it has managed two or more repair periods costing more than $6,500,000 each during a 365 day period within the last 10 years for ocean going motor vessels, steam ships, or gas turbine ships with a minimum of 10,000GT and 10,000HP/7,500kW.

III. Ship Overhaul and Repair Experience - Planned Maintenance Experience Offeror’s information provided in Technical Form III demonstrates it has used Maintenance Management software to support preventative, predictive and condition-based maintenance and monitoring techniques simultaneously on two or more ocean going motor vessels with 10,000GT and 10,000HP/7,500KW or greater for a minimum of three continuous years in the last 10 years.

IV. Propulsion Type Experience Offeror’s information provided in Technical Form IV demonstrates it has experience operating at least one steam ship, one motor vessel, and one gas turbine ship, each with 10,000GT and 10,000HP/7,500kW or greater for a minimum of three years in the last 10 years.

V. Management Control System/Accounting System, Quality Management System, Safety Management System, and Property Control System.

The offeror warrants it meets, or will meet by start of contract performance, the requirements of C-3.10, Management Control System/Accounting System, C-3.24, Quality Management System, C-3.23, Safety Management System, and C-3.6.6, Contract Property Administration. If an offeror does not currently have the required systems in place, a narrative is provided adequately describing how it will have these required systems in place by the contract performance start date.

D. Past Performance

Past Performance will be evaluated and rated Acceptable or Unacceptable. Offerors with no record of relevant past performance, or an insufficient record of relevant past performance, will be rated Acceptable.

The past performance evaluation will assess the offeror’s probability of meeting the solicitation requirements. To develop an overall rating, the Government’s evaluation will take into account relevant information submitted by each offeror as part of its proposal and the Government’s assessment and evaluation of other sources of information. Other sources of information for past performance may include, but are not limited to, Past Performance Information Retrieval System (PPIRS) reports, the Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Report System (ESRS), other databases, questionnaires, and interviews.

The following definitions apply to the evaluation of proposals with respect to past performance:

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

a. The Government will consider the recency and relevancy of past performance information compared to the requirements detailed in the PWS, the source of the information, the context of the data and general trends in the offeror’s performance and any associated risk.

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

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

d. For all offerors, the Government will consider historical compliance with the requirements of FAR Part 52.219-8 (Utilization of Small Business Concerns). In addition, for large businesses, the Government will consider historical compliance with the requirements of FAR Part 52.219-9 (Small Business Subcontracting Plan) and DFARS 252.219-7003 (Small Business Subcontracting Plan, DOD Requirements).

The Government reserves the right to consider Past Performance Questionnaires received after the due date for receipt of proposals. The Government reserves the right to contact references for verification or additional information and the right to consider other relevant past performance information. The Government may call customers, whether or not provided by the offeror, to inquire about the offeror’s past performance. The Government does not assume the duty to search for data to cure the problems it finds with the information provided by the offeror. The burden of providing thorough and complete past performance information remains with the offeror.

E. Price

The offer will be evaluated using the total evaluated price as calculated in Form B of Attachment G. The total evaluated price will equal the sum of the following, evaluated for the base period and all option periods:

· proposed per diem rates multiplied by the number of days of the corresponding operational status; plus

· Proposed per instance rate for dock trials multiplied by the number of dock trials; plus

· Government estimates for reimbursable expenses.

To be eligible for award, an offer’s total evaluated price must be determined fair and reasonable. Price will not be assigned an Adjectival Rating.

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

b. ROS, RAV, and FOS pricing will be evaluated for contract award. All proposed rates must be found reasonable in order for the offer to be eligible for award.

F. Compliance with Solicitation Requirements

Proposals will be evaluated to determine compliance with all of the Instructions, Conditions and Notices to Offerors contained in Section L of the solicitation including proposal submission requirements. The solicitation requirements include all stated terms, conditions, representations, certifications and other information required by Section L of this solicitation. Offerors must follow the submission requirements in Section L-12, Submission of Offers, and provide all the documentation required under Section L-12.1, General Proposal Requirements. An Offeror's proposal submission must be found acceptable by the Government on an Acceptable/Unacceptable basis in order for the proposal to be considered for contract award. To that end, the Government will review the offeror's entire proposal package, including insurance information, to ensure that the proposal meets the RFP minimum submission requirements. A solicitation package missing any of the components will be ineligible for award.

For large businesses, the Government will evaluate the Small Business Subcontracting Plan in accordance with FAR 52.219-9. Failure to submit and negotiate a subcontracting plan acceptable to the Contacting Officer may make the offeror ineligible for award of a contract.

M-2 52.217-5 Evaluation Of Options (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

M-3 Single Or Multiple Award

The Government intends to make a single award under the solicitation.

M-4 Notice of Award

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.

M-5 Award Without Discussions

Pursuant to FAR 52.215-1(f), Instructions to Offerors-Competitive Acquisition (JAN 2004), the Government may evaluate offers and award the contract without discussions with offerors. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

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