Amendment_N6264917R0259_Region_1_MAC.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. To incorporate Section H – Special Contract Requirements

2. Paragraph 4, Schedule Notes has been amended. An updated version of Schedule Notes is part of this amendment.

3. No other changes have been made to the solicitation.

Closing date for solicitation remains unchanged (30 JUNE 2017 at 1600 Japan time).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 10

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

16C. DATE SIGNED

BY 16-Jun-2017

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 N6264917R0259

X 9B. DATED (SEE ITEM 11)

15-Jun-2017

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 1 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

16-Jun-2017

CODE

NAVSUP FLC YOKOSUKA

(CODE 200)

CONTRACTING DEPARTMENT

PSC 473 BOX 11

FPO AP 96349-0011

N62649 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N6264917R0259

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The following have been modified:

SCHEDULE NOTES

1) All prices as a result of this contract shall be firm-fixed prices and shall be expressed in U.S. Dollars.

2) Fixed Prices shall be inclusive of all pricing variables, including, but not limited to, all necessary equipment, licensed operators, holiday and overtime costs, customs clearances, mobilization and demobilization (including all associated equipment and labor required to satisfy vessel and port requirement), removal, disposal, pre-positioning, staging, charter, vetting of operations, detention or demurrage, fuel and operating expenses, all applicable taxes and surcharges associated with performing the entire cycle to deliver the logistic services described in this contract, and profit. Prices shall also include performance at night, overtime, Saturdays, Sundays, Holidays, performance under heavy rain and, other inclement weather, and service to tankers and ships carrying explosives, as well as any cost associated with all necessary insurance as required by local laws, licenses and permits or incurred to comply with applicable laws, codes, and regulations, in connection with the performance of the work. These requirements do not include performance during hurricanes except where ships are required to depart in advance of hurricanes as part of a hurricane evasion plan.

All pre-positioning or pre-staging cost and time for the purpose of vetting operations or otherwise shall be included in the unit price as part of the direct cost. Pre-staging or pre-positioning for vetting operations typically occurs one or two days prior to the arrival of the visiting vessels.

3) Port Tariff items and Port Dues are services rendered by a Port Authority’s concessionaire at rates established and controlled by Port Authorities and published in a public list. These services shall be proposed as a firm-fixed-price (FFP) by the HSP at the Request for Task Order Proposal (RTOP) level.

The Government expects HSPs to be the prime contractors for services rendered in a port. If contractors run into an issue regarding Port Tariffs and/or Port Dues at the Task Order level, they shall immediately notify the Contracting Officer. In cases where prices are regulated by governments such as certain Port Tariffs, they will be identified at the RTOP level and that will take precedence over the ‘Fixed Price Ceiling’ at the basic contract. Port Tariff documentation may be required to accompany invoices upon completion of individual task orders during performance of the contract.

4) “Priced Items” are exhibit line item numbers (ELINs) in named ports with prices established in the contract, and represent fixed price obligations on the part of the contractor, subject to downward only adjustments at the Task Order level. The Government will follow the Fair Opportunity provisions at FAR 16.505(b)(1) and (2) when issuing task orders.

“Other Items” are exhibit line item numbers that cannot be sufficiently specified at this time for offerors to propose firm-fixed-prices on, but are defined sufficiently to be within the scope of the contract. “Other Items” are included with a unit of “LOT” or “JOB or “SRVC”. Examples of “Other Items” ELINs include:

“OTHER TRASH REMOVAL” (XX0V); “OTHER FLEET LANDING” (XX21); and, “OTHER BROW, CRANE, FORKLIFT, & MANLIFT SERVICES” (XX37). In addition, contractors are only required to price ELINs XX01 – XX0E for the worksheets titled, “AOP or AP” as noted in the ELIN schedule for each country. The contractor shall propose firm fixed prices for supplies and services associated with “Other Items” ELINs and “AOP/AP” Schedules when they are solicited pursuant to an RTOP.

“Reserved Items” are exhibit line item numbers that cannot be specified at this time as being required items and services for port visits within the area of responsibility (AOR) and will not require firm fixed prices at time of contract award. These “reserved items” are identified to be within the scope of the contract and the contractor shall propose firm-fixed-prices for supplies and services associated with “reserved items” ELINs, when they are solicited pursuant to an RTOP. In addition, the Government reserves the right to determine whether it would be appropriate to include these “reserved items” as priced items within the exhibit(s) at a later time and thus adding additional fixed priced items and services under the contract. Periodically, the Government will assess the need for these “reserved items” during port visits and if it is in the best interest of the Government, the Procuring Contracting Officer (PCO) may request firm-fixed-prices from contract holders for the purpose of “activating” items from a state of being “reserved” to being “priced” within the established pricing schedule(s). Should adjustments be made to the pricing schedule, a bilateral modification will be issued for both parties to agree to said changes.

“Reserved ELINs” are exhibit line item numbers within the exhibit(s) that are reserving an exhibit line item number should a service or item be required within the AOR that is not currently identified under the “priced items” or “reserved items” ELINs. The “reserved ELINs” are reserved for husbanding services or items that cannot be specified at this time; however, should services or items become regularly required husbanding support services and items during port visits and if it is in the best interest of the Government, the PCO may request firm-fixed-prices from contract holders for the purpose of “adding” new items.

Should additions be made to the pricing schedule, a bilateral modification will be issued for both parties to agree to said changes.

Firm-fixed-prices for all items will be set at the Task Order level.

Any port visit that occurs in an “AOP/AP” location will be performed on a best effort basis by the contractor based on what services are available in the port.

There may be limited instances following contract award in which ports included in a region's AOP or AP exhibits are moved from an AOP or AP exhibit to become additional named ports with its own exhibit for the region. Such updates, and the requirement to submit pricing information for such ports, will be accomplished under the contract's Changes clause.

5) Volumetric based services. At the time the RTOP is issued, the Government will identify the estimated quantity for the volumetric services as well as a percentage range from that quantity. Contractors will be expected to propose a lump sum FFP for these volumetric services taking into account the percentage range. This price will be utilized in the Task Order evaluation. In addition, contractors will be requested to provide a unit price for amounts offloaded above or below the stated percentage range. At the time the services are completed, the contractor will be paid according to the lump sum FFP proposed, adjusted only for any actual quantities vary from the estimated quantities stated in the RTOP, that are outside of the range established in the RTOP. Price 2 will not be part of the RTOP evaluation for award.

All proposed prices at the task order level for both Price 1 and Price 2 shall not exceed the maximum prices indicated in the basic contract (i.e., in response to an RTOP, the proposed Price 1 shall not exceed the unit price in the basic contract extended by the estimated quantities in the RTOP, and the proposed Price 2 shall not exceed the unit price in the basic contract).

As a result of this approach, the volumetric services will not include minimum guarantees. The contractor’s proposed unit prices should be inclusive of all costs as indicated in the pricing notes, paragraph

2. Offerors shall propose firm-fixed unit prices for the basic contract and those prices shall be used for evaluation for award of the basic contracts, and serve as maximum prices.

The ship’s personnel shall verify all offload figures at time the service is rendered and the ship duty engineer shall certify the accuracy of the HSP’s report in writing. The HSP shall follow any environmental regulations required by each country. In case of disputes concerning the offload figures, the HSP shall notify the FLC Contracting Officer and submit any supporting documentation such as disposal certificates, when applicable, for resolution under the Dispute clause.

THE VARIABLES TO CALCULATE FINAL INVOICE PRICE FOR THE

VOLUMETRIC BASED SERVICES

Estimated Volume Range

The range calculated by using the estimated quantity for the volumetric service and the percentage range from that quantity.

Both will be provided by the Government on the RTOP.

Estimated Minimum (Est Min)

The lower number of the estimated volume range.

Estimated Maximum (Est Max) is the higher number of the estimated volume range

Price 1

The proposed FFP Lump Sum amount that will be paid when the actual quantity for the volumetric service is either equal or within the estimated volume range. This will be proposed by HSP on the RTOP.

Price 2

The proposed out-of-range unit price that will be utilized to adjust Price 1 when the actual quantity for the volumetric service is either below or above the estimated volume range. This will be proposed by HSP on the RTOP.

Actual Quantity (Act Qty)

The actual total quantity for the volumetric service that was calculated at the end of the ship visit.

Above Variance Quantity

The difference between the actual quantity and the estimated maximum, when the actual quantity is above the estimated maximum.

Below Variance Quantity

The difference between the estimated minimum and the actual quantity, when the actual quantity is below the estimated maximum.

Invoice Price The adjusted price that the HSP will invoice at the end of the ship for the volumetric service

FORMULAS THAT SHOULD BE USED TO CALCULATE THE FINAL INVOICE PRICE

If actual quantity is above the Estimated Volume Range, use the following formula(s) to adjust Price 1:

Above Variance Quantity = [Act Qty] – [Est max]

Invoice Price = Price 1 + (Price 2 * Above Variance Quantity)

If actual total quantity is below the Estimated Volume Range, use the following formula(s) to adjust Price 1:

Below Variance Quantity = [Est Min] – [Act Qty]

Invoice Price = Price 1 - (Price 2 * Below Variance Quantity)

If actual total quantity is equal or within the Estimated Volume Range, use the following formula to adjust Price 1:

Invoice Price = Price 1

Sample Scenario:

The RTOP request removal of an estimated 300CM of CHT for the duration of a ship visit with a range of +/- 15% (percent range).

As a result, the Estimated Volume Range is calculated as 255 CM to 345CM.

255 CM = Estimated Minimum (Est Min) of the range.

345CM = Estimated Maximum (Est Max) of the range.

Example#1:

Price 1: $3,025.00 (for removing CHT within the Estimated Volume Range of 255 CM to 345CM) Price 2: $2 per CM (for actual quantity of CHT that is either above or below the Estimated Volume Range)

Actual CHT quantity: 345 CM

Invoice Price = Price 1 = $3,025.00 Note: 345CM is within the Estimated Volume Range. Therefore Invoice Price is equal to Price 1.

Example #2:

Price 1: $3025.00 Price 2: $2 per CM

Actual CHT quantity: 200 CM

Invoice Price is calculated as follows:

Below Variance = 255 (est min) – 200 (act qty) = 55 CM Invoice Price = [$3,025 – ($2 * 55 CM)] = $2,915.00

Example #3:

Price 1: $3025.00 Price 2: $2.00 per CM

Actual CHT quantity: Zero (0) CM

Invoice Price is calculated as follows:

Below Variance: 255 (est min) – 0 (act qty) = 255 CM Invoice Price = [$3,025 – ($2 * 255 CM)] = $2,515.00

Example #4:

Price 1: $3025.00 Price 2: $2.00 per CM

Actual CHT quantity: 355 CM

Invoice Price is calculated as follows:

Above Variance: 355 (act qty) – 345 (est max) = 10 CM Invoice Price = [$3,025 + ($2 * 10 CM)] = $3,045.00

6) Several services are based on hourly or daily rates. Time will begin to be measured once the equipment and/or labor is along-side the vessel and is capable of operation. For the purposes of this contract, one (1) day is equal to 24 hours and begins with the performance of service. For example, service from 1800 until 1800 the next calendar day is equal to one (1) day of service. In cases where the billing unit is ‘day’ and a full day of service is not used, the HSP shall be entitled to bill for one day of service. For example, if a line item with a billing unit of day is ordered and used for 30 hours, the HSP would be entitled to bill for two days of service. In cases where the ship does not arrive at the time specified in the Task Order and services are made available based upon the time requested in the Task Order, billing for services may commence at the time requested by the Government unless notice of cancellation is provided in accordance with Section H by a Contracting Officer.

7) The services at anchorage shall be provided at all anchorage points assigned by the local port authority.

8) Repositioning is defined as: Moving a piece of equipment, such as a crane, to another required work location after it has been set up for work. This involves tear down and new set up actions. Repositioning does not include movement of the barge, vessel, or equipment as required to complete performance required in the Performance Work Statement (PWS). When repositioning is required, the Contracting Officer will negotiate the appropriate repositioning fees with the HSP provider at the RTOP level.

9) The CLIN, SubCLIN, and ELIN structure in this contract follows the below listed conventions:

The CLINs match each region, with the Exhibit Line Item Numbers provided in the annotated Exhibits.

For example:

Region CLINS Exhibits

3 0001 A

The SubCLINs match the categories of funding required/provided. For Example:

Funding SubCLIN

Charter & Hire X00XAA

Utilities X00XAB

Force Protection X00XAC

Communications X00XAD

Transportation X00XAE

Provisions X00XAF

Fuel X00XAG

Other Funded Items X00XAH

MSC Funded Orders X00XAJ

Other Authorized Orders X00XAK

The ELINs will further identify the specific requirement for the overarching category for the region as follows:

ELIN XY00

Specific requirement Port Exhibit X (Region – CLIN)

For example, the requirement below will be under Region 1 (Exhibit AA), Sydney, ELIN 01 (Husbanding Fee (Class I) - First Day).

ELIN AA01

Specific requirement (Husbanding Fee (Class I) - First Day) Port (Busan) Exhibit A (Region – CLIN 0001)

Throughout the PWS below an “X” is used as a placeholder in the CLIN, SubCLIN, and ELIN to show that the CLINs, SubCLINs, and ELINs will vary by Region.

Note that all contractors will be awarded CLINs 0002.

10) Minimum/Maximum

Maximum: Cumulative totals of the Exhibits will not represent the contract maximums. The contract maximum will be $6,000,000.00. The SUBCLINs will provide an estimated amount based on the percentage of estimated use of the ELINs associated with each SUBCLIN. The SUBCLINs are only estimates and there is no maximum ordering amount for each SUBCLIN. The total amount of the estimated SUBCLINs amount will be the contract maximum value of $6,000,000.00.

Minimum Guarantee: Guaranteed minimum order of $3,500.00 per awardee

Pricing Schedules

See Exhibit AA-AJ.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

SPECIAL CONTRACT REQUIREMENTS

H-1 HOST-COUNTRY AGREEMENT

The HSP shall not be reimbursed, paid, or otherwise compensated for any port use charges, fees, dues or similar costs at ports at which existing host country agreements exempt vessels of the United States from such charges, fees, or dues. This restriction applies regardless of whether requirements that involve such port use charges, fees, or dues, such as requirements for dockage and wharfage space or fleet landing space, are ordered under a specific contract line item or through the contract's provisions for ordering otherwise unspecified supplies and services.

Notwithstanding the paragraph above, the contracting officer or an authorized government official may direct the HSP to request that the appropriate local authority provide items from which an agreement exempts payment by vessels of the United States such as Dockage and Wharfage space or Fleet Landing space at a port for the U.S.

Government’s use at no cost to the U.S. Government. If the HSP receives a response that the requested Dockage and Wharfage space or Fleet Landing space is available for use by the U.S. Government at no cost to the U.S.

Government, the HSP shall reserve or otherwise arrange for use of the space and notify the contracting officer or authorized government official that directed the Husbanding Service HSP to submit the request. If the HSP receives a negative response from the cognizant authority, thereby indicating that there is a cost or expense associated with use of the space by the U.S. Government, the HSP shall notify the contracting officer or authorized government official that directed the HSP to submit the request. The HSP shall perform and be compensated for the tasks included in this paragraph as part of its responsibilities.

H-2 ORDERING PROCEDURES

A. GENERAL.

One or more task orders may be issued during the performance period of this contract. The Contractor agrees to accept and perform orders issued by the Contracting Officer within the scope of this contract. In the event of any inconsistency between any Order and the contract, the contract shall control. All task orders incorporate all terms of the contract unless otherwise specified in the awarded task order.

The HSP shall provide details of the arranged services/supplies (such as schedules, photos of water taxis/barges etc.) as requested on the RTOP for the upcoming port visits to the ship’s Supply Officer at least 72 hours prior to the required delivery for port visits taking place pierside, and 96 hours prior to the required delivery for port visits taking place at anchorage OR as soon as details become available prior to the above listed timelines.

More details will be provided at the task order level.

When government property is to be furnished to the contractor, the RTOP will include the list of Government Furnished Property/Equipment that will be furnished during the ship visit. At the time of task order award the list of GFP/GFE will be incorporated on the task order. The COR and HSP shall maintain adequate records to ensure that the property furnished has been inspected before acceptance by HSP for use, is returned and/or that material has been consumed in the performance of work, in accordance with GPF/GFE clauses has been incorporated to the contract.

B. PROCEDURES FOR PLACING ORDERS UNDER MULTIPLE AWARD CONTRACTS

This is a multiple award contract administered in accordance with FAR 16.505. Each contractor will receive a fair opportunity for award of task orders exceeding $3,500 unless one of the exceptions at FAR 16.505(b)(2) is used. An RTOP will usually be provided to each contractor before awarding a Task Order. For Task Orders not exceeding the Simplified Acquisition Threshold; however, an RTOP may not be issued, and the Task Order may be awarded based upon available information that ensures each awardee is provided a fair opportunity to be considered for each award (e.g., the contractor’s schedule prices) (see FAR 16.505(b)(1)(ii)). In most instances the RTOP process will be used even for orders not exceeding the Simplified Acquisition Threshold.

The RTOP process will be used to provide fair opportunity for Task Orders in excess of the Simplified Acquisition Threshold.

RTOPs will usually be sent via electronic mail, or other media appropriate for the RTOP, such as facsimile.

The RTOP will identify by ELIN the supplies and services the Government requires for an upcoming Task Order. The RTOP may include both items under ELINs that are firm-fixed-priced in the contract, and items under ELINs that are included within the scope of the contract, but do not have firm-fixed-prices established in the contract (i.e., items identified in the contract as Reserved Items, or Reserved ELINs). When responding to an RTOP, contractors may 1) propose prices for priced ELIN items that are equal to or lower, but not higher, than the prices established in the contract; and 2) propose any fair and reasonable price for Reserved Items or Reserved ELINs. Firm-fixed-prices for all items will be set at the Task Order level.

The contractor’s response to an RTOP will constitute an “offer” as this term is defined in FAR 2.101 (“Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract”).

By submitting an offer, the contractor grants the Government the right to accept the offer and form a binding obligation on the contractor to perform the Task Order at the prices set forth in the offer. Task orders will be awarded in accordance with FAR 16.505(b)(1). The Government will award Task Orders in most cases with little or no discussions. The Government may accept any item or group of items of an offer, unless the contractor qualifies the offer by specific limitations. The Government reserves the right to make a task order award for any item for a quantity less than the quantity offered, at the unit prices offered, unless the contractor specifies otherwise in the offer.

Contractors are cautioned against failing to offer pricing on all items solicited in the RTOP, or offering substitute items, as this may result in rejection of the offer for not meeting the government’s requirements. If the offeror submits substitute items, it shall explain how the substitute items will save the Government money or are a better value over the items specified in the RTOP. In the case of items in the RTOP covered by priced ELINs, the Government shall not be obligated to pay more for the substitute items offered than the contract prices for the items specified in the RTOP.

Contractors are not required to submit an offer in response to an RTOP; however, in rare instances when the Government determines that it is necessary and appropriate, the Government has the right to issue a Task Order, which may include Reserved Items or Reserved ELINs, to a contractor within the ordering period and up to the contract maximum, and the contractor is obligated to perform the Task Order, regardless of whether the contractor submitted an offer in response to an RTOP for the Task Order (see the clause “Indefinite Quantity,”

FAR 52.216-22 of this contract and FAR 16.504 (a)(1)), or whether the Government issued an RTOP for the Task Order (see, e.g., FAR 16.505(b)(1)(ii) and (b)(2)). The Government will not issue a Task Order in contravention of the provisions at FAR 16.505(b). In emergent circumstances when the parties cannot to agree on an overall price for the task order prior to the performance date, the contractor is required to perform the task order, and the price will be agreed upon later. If no agreement can be reached, then the matter will be resolved in accordance with the Disputes Clause, FAR 52.233-1.

The contracting officer reserves the right to require additional pricing information/justification for prices that do not appear to be supported by the current market conditions, to address any disputes of this nature under the disputes clause, or to determine price reasonableness for items or services priced at the task order level.

C. MODIFICATION OF ORDERS.

Task orders may only be modified by the Warranted Contracting Officer. Task orders may be modified orally by the Warranted Contracting Officer in emergency circumstances. Oral modifications shall be confirmed by issuance of a written modification within ten (10) working days from the time of the oral communication modifying the order.

D. CANCELLATION OF ORDERS.

Unless otherwise provided herein, in the event an order is cancelled at least 48 hours prior to the required delivery for port visits taking place pierside, and 72 hours prior to the required delivery for port visits taking place at anchorage, the U.S. Government will not be liable for any charges. For any cancelled order in which the Government does not provide notice of the cancellation in accordance with these terms, the ordering activity shall be responsible for any termination costs in accordance with FAR Clause 52.249-2 “Termination for Convenience of the Government (Fixed-Price)”. Any disagreements shall be subject to the disputes clause in the contract. In all cases, the contractor is responsible for taking all necessary steps to mitigate any damages/termination costs on behalf of the U.S. Government.

E. ORDER OMBUDSMAN.

The Task Order Ombudsman is available to the Contractor to assist in the resolution of complaints arising under the issuance of any Task Order under this contract.

If a Contractor elects to utilize the Task Order Ombudsman process, the Contractor is instructed to first contact the local activity contract specialist and contracting officer for issue resolution. If the issue is not able to be resolved, the issue shall then be elevated to the cognizant local activity Ombudsman. Should resolution not be achieved with the local activity Ombudsman, the cognizance for resolution would reside with the Overarching Command or Headquarter Ombudsman. The cognizant Ombudsmen are as follows:

Local Activity Ombudsman:

Name: NAVSUP FLC YOKOSUKA Chief of the Contracting Office (CCO) Address: PSC 473, Box 11, FPO AP 96349 Phone Number and Email: To be provided by the OO or Contracting Officer upon request

Overarching Command/Headquarters Ombudsman:

Name: NAVSUP Competition Advocate Address: 5450 Carlisle Pike, P.O. Box 2050, Mechanicsburg, PA 1705 Phone Number and Email: To be provided by CCO upon request

The Contractor authorizes the Ombudsman to disclose to other parties or to parties any information submitted to the Ombudsman that, in the judgment of the Ombudsman, must be disclosed within Government channels to the extent deemed necessary by the Ombudsman to facilitate understanding of the issue or issues. The Contractor also authorizes the Ombudsman to disclose to other parties or to nonparties any information submitted to the

Ombudsman that, in the judgment of the Ombudsman, must be disclosed to prevent or investigate fraud, waste, abuse, criminal activity or imminent physical harm.

In accordance with FAR 16.505(a)(10)(i)(B) protests of Task Orders (TO) valued in excess of $10 million may only be filed in accordance with the procedures at FAR 33.104. Any contact with the Ombudsman does not extend any of the timeliness for filing a protest with the GAO.

H-3 CURRENCY EXCHANGE

Any time a currency exchange is needed to provide pricing for unpriced supplies/services on the contract, the prime contractor and its subcontractors shall convert local currency to U.S. dollars using the OANDA exchange rate website (HTTP://www.oanda.com/currency/converter/) of the date of the quote/proposal without additional markup or fee. A print out of exchange rate conversion page from this website shall accompany the quote/proposal as supporting document. U.S. Government will not accept any other exchange rate and will not pay any additional fees for exchange rate fluctuations.

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been added by full text:

L-2 SUMMARY OF CHANGES

SOLICITATION#: N62649-17-R-0259

SUMMARY OF CHANGES

*** Note: If there is a conflict between amendments, the most recent amendment takes precedence over older amendments. All amendments are available online at FBO.gov.

#1: Incorporating Section H – Special Contract Requirements

#2: Paragraph 4, Schedule Notes has been amended.

(End of Summary of Changes)