Amended_A00001_N6264921R0038.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 modification is to incorporate changes as a result of the Question and Answ ers from the solicitation as w ell as to extend the response due date, accordingly. Additionally, changes have been made to Section L, Section G, and the FAR/DFARS clauses have been updated. Responses to this solicitation are now due NLT April 19, 2021.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

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

16C. DATE SIGNED

BY 23-Mar-2021

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 N6264921R0038

X 9B. DATED (SEE ITEM 11)

02-Mar-2021

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 X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

23-Mar-2021

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:

N6264921R0038

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION G - CONTRACT ADMINISTRATION DATA

The following have been modified:

OTHER ADMINISTRATION DATA

G-1 CONTRACT POINTS OF CONTACT

1. PROCURING CONTRACTING OFFICER (PCO):

Contracting Officers assigned to this contract are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships.

The Procuring Officer for this contract is: LCDR Gilbert Uy Contracting Office: NAVSUP Fleet Logistics Center Yokosuka Address: PSC 473 Box 11, FPO AP 96349 Phone: 011-81-46-816-3705 (INTL PH) Email: Gilbert.Uy@fe.navy.mil

2. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR will monitor contract performance on behalf of the Contracting Officer and compliance with terms and conditions of the contract.

Also, the COR will receive all documentation required by the contract for the services/supplies ordered, inspected, accepted during the port visits.

Various CORs may be assigned to this contract. All customers authorized to use the contract will nominate a COR for their task orders. The appointed COR’s data will be provided upon the award of the contract.

3. AUTHORIZED ORDERING OFFICERS

Department of Defense (DoD) warranted Contracting Officers (KO), contract specialists, purchasing agents, and other duly appointed individuals are designated as Authorized Ordering Officers. The Ordering Officers are responsible for issuing and administering any orders placed hereunder. Authorized Ordering Officers may negotiate revisions/modifications to orders, but only within the scope of this contract. Authorized Ordering Officers have no authority to modify any provision of this basic contract. Any deviation from the terms of the basic contract must be submitted to the PCO for contractual action. Authorized Ordering Officers may enter into mutual no-cost cancellations of orders under this contract and may reduce the scope of orders/tasks, as well as perform Terminations for Convenience or Terminations for Default with notification of such actions submitted to the PCO.

Additional ordering offices may be added via modification.

G-2 INVOICING INSTRUCTIONS

1. In accordance with the clause of this contract entitled “ELECTRONIC SUBMISSION OF PAYMENT REQUESTS” (DFARS 252.232-7003), orders placed under this contract will utilize Wide Area Workflow Receipt and Acceptance (WAWF) system to accept supplies/services delivered under this contract. This web-based system located at https://wawf.eb.mil provides the technology for Government contractors and authorized Department of Defense (DoD) personnel to generate, capture and process receipt and payment-related documentation in a paperless environment. Invoices for supplies/services rendered under this contract shall be submitted electronically through WAWF. Submission of hard copy DD Form 250, Material Inspection and Receiving Report, to be provided by ship to the Contracting Officer’s Representative (COR).

2. In accordance with the clause of this contract entitled “WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS” (DFARS 252.232-7006) the WEXMAC provider shall designate an electronic business point of contact who shall use the online training system for WAWF at https://wawftraining.eb.mil/. The Vendor, Group Administrator (GAM), and sections marked with an asterisk in the training system should be reviewed.

3. The vendor is responsible designating a GAM who will be responsible for activating the company’s CAGE code in WAWF by following the instructions at the WAWF website. Once the company is activated, the GAM must then self-register under the company’s CAGE code in WAWF and follow the instructions for a GAM. After the company is set-up in WAWF, any additional persons responsible for submitting invoices must self-register under the company’s CAGE code at https://wawf.eb.mil.

The Contractor agrees to segregate costs incurred under the task orders at the ELIN level of performance, rather than on a total task order basis or SubCLIN basis. Submitted invoices shall be at the subCLIN level, with attachments reflecting costs incurred under that subCLIN at the ELIN level. Supporting documentation in WAWF for invoices shall include evidence of the ship’s SUPPO”s acceptance of the services on the ship.

For any task order issued for or by an agency that does not utilize the WAWF process, the vendor shall follow the payment instructions as outline in the task order.

G-3 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

1. General. The Government will monitor and evaluate the Contractor's performance under this contract. The information gathered will be formalized as a Contractor Performance Assessment Report (CPAR) and entered into the Government automated information system, Contractor Performance Assessment Reporting System (CPARS) in accordance with FAR 42.15 and Navy's CPARS Guide. All information contained in CPARS may be used, within the limitations of FAR 42.15, by the Government for future source selection in accordance with FAR 15.304, when past performance is an evaluation factor for award.

The assessment will be conducted periodically in accordance with the following evaluation cycles:

a. Initial Report - Required after the first 180 days of performance under the new contract, and may include up to the first 365 days of performance.

b. Intermediate Report - Required every 12 months after the initial report throughout the entire ordering period of the contract.

c. Final Report - Required upon contract completion.

Note: Out-of-Cycle Report may be prepared when there is a significant change in performance that alters the assessment in one or more evaluation area(s).

2. Notification. Upon completion of each CPAR, the Contractor will be notified of the Government's evaluation of its performance and of the entry into the CPARS. The Contractor will be allowed thirty (30) days to respond in writing to the Government's assessment of its performance. Any Contractor responses will also form part of the CPARS.

3. Information. Information contained in the CPAR may include, but not be limited to, quality of

Contractor's products or services (conformance to contract requirements, specifications and standards of good workmanship); Contractor's schedule (timeliness and adherence to the completion of the contract, task orders, delivery schedules, and administrative aspects of contract performance); and Contractor's business relations and management (integration and coordination of all activity needs to execute the contract, specifically the timeliness, completeness and quality of problem identification, corrective action plans, Contractor's history of reasonable and cooperative behavior, and commitment to customer satisfaction).

4. Release of Data. CPARS information is considered business sensitive and will not be released except; (1) to other Federal procurement activities which request it; (2) when the Government must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the Contractor.

*The guidebook for CPARS is electronically accessible at the following address: https://www.cpars.gov/

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 ROLLING ADMISSIONS AND REMOVALS

Government reserves the right to determine whether it would be appropriate to announce a new competition for the purpose of adding additional contractor, who previously have not held a contractor MAC. The Government will assess the internal transaction cost for issuing each task order, whether revisions are needed to the scope of the Performance Work Statement, if additional ordering offices need to be established, and if the ceiling amount of the contract needs to be revised. Based on these criteria, if it is in the best interest of the Government, the Procuring Contracting Officer may announce a new competition to add additional contractor. Additionally, Government reserves the right to announce a new competition for contractor, who currently have contractor MAC contracts, to expand into additional Regions.

H-2 ORDERING PROCEDURES

1 General

1.1 One or more task orders may be issued during the ordering period of this contract. The Contractor agrees to accept and perform orders issued by the Contracting Officer (KO) within the scope of this contract. It is understood and agreed that the Government has no obligation to issue any orders except the guaranteed minimum order (CLIN 0002). In the event of any inconsistency between any Order and the contract, the contract shall control. All task orders off of the IDIQ award will incorporate all terms of the contract unless otherwise specified in the task order.

1.2 Price will generally be the most important criteria for task order selections, but the DoD may award the task order to other than the lowest priced offeror. When awarding a task order, the Authorized Ordering Officer may consider past performance (including personal knowledge of the contractor's performance on prior task orders and QASP reports produced in accordance with Attachment J-1), and any other factors relevant to determining whether the contractor is capable of providing better value in performing the services required by the DoD for an upcoming task order (including proposed approaches to addressing any special technical features of the supplies and services required for effective performance of the task order).

1.3 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 requesting activity visit.

At the time of task order award the list of GFP/GFE will be incorporated on the task order. The COR and contractor shall maintain adequate records to ensure that the property furnished has been inspected before acceptance by contractor 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.

2 PROCEDURES FOR PLACING ORDERS UNDER MULTIPLE AWARD CONTRACTS

2.1 This will be a multiple award contract administered in accordance with FAR 16.505.

3 REQUEST FOR TASK ORDER PROPOSALS

3.1 RTOPs will be sent via electronic mail or other media appropriate for the RTOP, such as web based interface. The RTOP will identify, by ELIN, the supplies and services the Government requires for an upcoming Task Order. When responding to an RTOP, contractors shall propose firm-fixed prices for established ELINs and “Other Items” ELINs. Firm-Fixed-Prices for all items will be set at the Task Order level. The Contractor shall select subcontractor (including suppliers) on a competitive basis to the maximum practical extent consistent with the objectives and requirements of the contract, when relying on subcontractor infrastructure to satisfactorily perform.

3.2 The prime contractor, not the subcontractor, will be ultimately responsible for meeting the objectives of each task order award. If the task order services or supplies will be provided by subcontractors, the prime contractor must assure the government that it has the applicable backup plan(s) or adequate resources/assets to support the effort successfully in case the subcontractor is unable to support.

3.3 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. 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. This limitation shall be clearly specified on the proposal and shall be included on the e-mail message when submitting the proposal. 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.

3.4 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.

3.5 The task order evaluation and selection process will be identified in the RTOP.

3.6 Contractors are not required to submit an offer in response to an RTOP; however, subject to FAR

16.505 (b)(2), the Government has the right to issue a Task Order 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. 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 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.

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

The Government reserves the right to exclude contract holders from continued participation should they fail to adequately perform any aspects of their subsequent contract or fail to actively participate in the task order competitions.

3.8 Upon request of KO only, the contractor shall provide the following information: In accordance with FAR part 15.404-3, the prime contractor or subcontractor shall -- (1) Conduct appropriate cost or price analyses to establish the reasonableness of proposed subcontract prices; (2) Include the results of these analyses in the price proposal. As a result, the offeror and its subcontractor(s) shall provide whatever information is necessary to help the Government understand why the proposed prices are realistic, fair, and reasonable in a narrative within its offer. When requested, each offeror's price proposal shall contain sufficient quantitative and narrative documentation necessary to adequately support and explain the prices proposed to include subcontractor prices. If competition is not available for subcontracting, the narrative shall provide the circumstances to explain why the competition is not available and how the subcontractor’s price is realistic and reasonable.

4 MODIFICATION OF ORDERS

4.1 Unless otherwise provided herein, in the event an order or ELIN is cancelled at least 7 business days prior to the start of the period of performance, the U.S. Government will not be liable for any charges. For any cancelled order or ELIN 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.

5 ORDER OMBUDSMAN.

5.1 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.

5.2 If a Contractor elects to utilize the Task Order Ombudsman process, the Contractor is instructed to first contact the local activity contract specialist and KO 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:

Overarching Command/Headquarters Ombudsman:

Name: Ms. Cindy Shaver, Deputy Assistant Secretary of the Navy (Procurement) Address: 1000 Navy Pentagon, Washington, DC 20350 Phone Number: (703) 614-9600

Email: NCAG@navy.mil

5.3 The Contractor 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 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.

5.4 In accordance with FAR 16.505(a)(10)(i)(B) protests of Task Orders (TO) valued in excess of $25 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 MANDATORY ELIGIBILITY FOR CONTRACT AWARD AND INSTALLATION ACCESS

1. H-3 only applies for regions 5, 6, 7, 8, and 9(CENTCOM).

2. After award, at the beginning of each performance period, the prime contractor must certify that they have an acceptable Joint Contingency Contracting System (JCCS) vendor rating.

3. Failure to be approved in JCCS - and thereby be eligible for installation access at the prime contractor levels --may render the offeror/contractor ineligible for award or continued performance.

Additionally, any firm that is declared ineligible for installation access will be deemed non-responsible until such time as that firm is again deemed eligible by the appropriate access approval authority.

a. U.S. and Coalition Commanders possess inherent authority to maintain law and order, provide security, and impose discipline necessary to protect the inhabitants of U.S. and/or Coalition installations, U.S. and Coalition personnel operating outside of installations, and U.S. or Coalition-funded developmental projects in the entire USCENTCOM AOR. This authority allows commanders to administratively and physically control access to installations and/or project sites, and to bar contractor – including prime contractor, subcontractor at any tier, and any employees, from an installation or site. A commander’s inherent force protection (FP) authority is independent of an agency’s contracting authority, and it may not be superseded by any contractual term or provision.

b. The prime Contractor/Vendor acknowledges that: submission of a bid, offer, or a proposal;

acceptance of contract award of any type; or continuing effort under any contract that includes this language; requires that the prime Contractor/Vendor be initially eligible -- and remain eligible during the entire period of contract performance to include any warranty period -- for installation access to a U.S. and/or Coalition installation, regardless of whether the performance will take place on or off a U.S. or Coalition installation. As part of the responsibility determination in accordance with FAR Part 9, prior to awarding a contract in support of contingency operations in the USCENTCOM AOR, all contacting activities shall verify that the Awardee has an acceptable JCCS vendor FP rating of “A” or “B”.

c. To be eligible for contract award and installation access, Contractor at all tiers are required to register for installation access in the US Government Information Technology (IT) Joint Contingency and Expeditionary Services (JCXS) system containing the Joint Contingency Contracting System (JCCS) module and are responsible for keeping the information in this system updated at all times. Prime Contractor at any tier may verify their registration at https://www.jccs.gov/jccscoe/ by selecting the “Vendors Login” module and logging in with their user name and password. The offeror must be registered, approved, and eligible for installation access prior to award, and remain eligible for installation access for the life of the contract.

4. Installation access determinations arise from the Combatant Commander’s inherent authority and are separate and distinct from any law, regulation, or policy regarding suspension and debarment authority. Contractor queries or requests for reconsideration related to U.S. or Coalition installation base access eligibility must be directed to the authority responsible for base access decisions.

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

252.223-7002 SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES (MAY 1994)

(a) Definition. “Ammunition and explosives," as used in this clause --

(1) Means liquid and solid propellants and explosives, pyrotechnics, incendiaries and smokes in the following forms:

(i) Bulk,

(ii) Ammunition;

(iii) Rockets;

(iv) Missiles;

(v) Warheads;

(vi) Devices; and

(vii) Components of (i) through (vi), except for wholly inert items.

(2) This definition does not include the following, unless the Contractor is using or incorporating these materials for initiation, propulsion, or detonation as an integral or component part of an explosive, an ammunition or explosive end item, or of a weapon system --

(i) Inert components containing no explosives, propellants, or pyrotechnics;

(ii) Flammable liquids;

(iii) Acids;

(iv) Powdered metals; or

(v) Oxidizers;

(vi) Other materials having fire or explosive characteristics.

(b) Safety requirements.

(1) The Contractor shall comply with the requirements of the DoD Contractors' Safety Manual for Ammunition and Explosives, DoD 4145.26-M hereafter referred to as "the manual", in effect on the date of the solicitation for this contract. The Contractor shall also comply with any other additional requirements included in the schedule of this contract.

(2) The Contractor shall allow the Government access to the Contractor's facilities, personnel, and safety program documentation. The Contractor shall allow authorized Government representatives to evaluate safety programs, implementation, and facilities.

(c) Noncompliance with the manual.

(1) If the Contracting Officer notifies the Contractor of any noncompliance with the manual or schedule provisions, the Contractor shall take immediate steps to correct the noncompliance. The Contractor is not entitled to reimbursement of costs incurred to correct noncompliances unless such reimbursement is specified elsewhere in the contract.

(2) The Contractor has 30 days from the date of notification by the Contracting Officer to correct the noncompliance and inform the Contracting Officer of the actions taken. The Contracting Officer may direct a different time period for the correction of noncompliances.

(3) If the Contractor refuses or fails to correct noncompliances within the time period specified by the Contracting Officer, the Government has the right to direct the Contractor to cease performance on all or part of this contract.

The Contractor shall not resume performance until the Contracting Officer is satisfied that the corrective action was effective and the Contracting Officer so informs the Contractor.

(4) The Contracting Officer may remove Government personnel at any time the Contractor is in noncompliance with any safety requirement of this clause.

(5) If the direction to cease work or the removal of Government personnel results in increased costs to the Contractor, the Contractor shall not be entitled to an adjustment in the contract price or a change in the delivery or performance schedule unless the Contracting Officer later determines that the Contractor had in fact complied with the manual or schedule provisions. If the Contractor is entitled to an equitable adjustment, it shall be made in accordance with the Changes clause of this contract.

(d) Mishaps. If a mishap involving ammunition or explosives occurs, the Contractor shall --

(1) Notify the Contracting Officer immediately;

(2) Conduct an investigation in accordance with other provisions of this contract or as required by the Contracting Officer; and

(3) Submit a written report to the Contracting Officer.

(e) Contractor responsibility for safety. (1) Nothing in this clause, nor any Government action or failure to act in surveillance of this contract, shall relieve the Contractor of its responsibility for the safety of --

(i) The Contractor's personnel and property;

(ii) The Government's personnel and property; or

(iii) The general public.

(2) Nothing in this clause shall relieve the Contractor of its responsibility for complying with applicable Federal, State, and local laws, ordinances, codes, and regulations (including those requiring the obtaining of licenses and permits) in connection with the performance of this contract.

(f) Contractor responsibility for contract performance. (1) Neither the number or frequency of inspections performed by the Government, nor the degree of surveillance exercised by the Government, relieve the Contractor of its responsibility for contract performance.

(2) If the Government acts or fails to act in surveillance or enforcement of the safety requirements of this contract, this does not impose or add to any liability of the Government.

(g) Subcontractors. (1) The Contractor shall insert this clause, including this paragraph (g), in every subcontract that involves ammunition or explosives.

(i) The clause shall include a provision allowing authorized Government safety representatives to evaluate subcontractor safety programs, implementation, and facilities as the Government determines necessary.

(ii) Note: The Government Contracting Officer or authorized representative shall notify the prime Contractor of all findings concerning subcontractor safety and compliance with the manual. The Contracting Officer or authorized representative may furnish copies to the subcontractor. The Contractor in turn shall communicate directly with the subcontractor, substituting its name for references to "the Government". The Contractor and higher tier subcontractors shall also include provisions to allow direction to cease performance of the subcontract if a serious uncorrected or recurring safety deficiency potentially causes an imminent hazard to DoD personnel, property, or contract performance.

(2) The Contractor agrees to ensure that the subcontractor complies with all contract safety requirements. The Contractor will determine the best method for verifying the adequacy of the subcontractor's compliance.

(3) The Contractor shall ensure that the subcontractor understands and agrees to the Government's right to access to the subcontractor's facilities, personnel, and safety program documentation to perform safety surveys. The Government performs these safety surveys of subcontractor facilities solely to prevent the occurrence of any mishap which would endanger the safety of DoD personnel or otherwise adversely impact upon the Government's contractual interests.

(4) The Contractor shall notify the Contracting Officer or authorized representative before issuing any subcontract when it involves ammunition or explosives. If the proposed subcontract represents a change in the place of performance, the Contractor shall request approval for such change in accordance with the clause of this contract entitled "Change in Place of Performance - Ammunition and Explosives".

(End of clause)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

SUBMISSION INSTRUCTIONS

L.1 SUBMISSION INSTRUCTIONS

L.1.1 PROPOSAL SUBMITTALS

At the time of the solicitation closing date, offerors shall electronically submit an offer (in English) to the following email addresses:

Gilbert.Uy@fe.navy.mil Khuong.Nguyen@fe.navy.mil

Kyle.Cox@fe.navy.mil Erin-alicia.Olenjack@fe.navy.mil

L.1.1.1 All offers must be received no later than 1500 JST (Japanese Standard Time, GMT+9) on

Monday, April 19, 2021. Contractor must submit their entire proposal in order to be considered for award. No other electronic means of submission, used in whole or in combination with email, is permitted. It is the Offeror’s responsibility to confirm receipt of submitted offer prior to solicitation closing date and time. Offerors are reminded of the time constraints outlined in FAR

15.208 with regard to submission of electronic offers/proposals.

L.1.1.2 E-mail proposals shall be in either Adobe or Microsoft Word 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 10 megabytes. When submitting an offer using multiple e-mails, please sequence e-mail subject line so that the Government can easily determine whether all e-mails have been received (e.g. 1 of 5, 2 of 5, etc.).

L.1.1.3 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 52.215- 1(c)(3)(ii)(A)(1) applies.

L.1.1.4 OFFERORS SHOULD NOT SUBMIT ANY ADDITIONAL INFORMATION WITH

THEIR PROPOSAL

L.1.1.5 The offeror’s entire proposal shall remain valid for a minimum of one hundred and eighty days from the solicitation closing date as stated on block nine (9) this solicitation Standard Form 33.

When calculating 180 days from the solicitation closing date, the solicitation closing date shall be excluded in the count and a day means calendar day. It shall include all weekends and Federal Holidays. The proposal expiration time (if not extended by the offeror) shall be 1500 JST of the 180th day.

L.2 QUESTIONS FROM PROSPECTIVE OFFERORS

L.2.1 Any prospective offeror in need of an explanation or interpretation of the solicitation, specifications, etc., shall request it in writing, via email, no later than 1300 JST on Friday, March 12, 2021 to allow a reply to reach all prospective offerors before the submission of the proposals. Oral explanations or instructions given before the solicitation closing date/award of the contract will not be binding.

L.2.2 If any information given to a prospective offeror is necessary in submitting a proposal or if the lack of it would be prejudicial to any other prospective offerors proposal concerning this solicitation, information will be furnished promptly to all prospective offerors as an amendment to this solicitation.

L.2.3 Questions and requests for clarification shall be submitted to all of the following points of contacts via e-mail(s):

Gilbert.Uy@fe.navy.mil

Khuong.Nguyen@fe.navy.mil

L.3 PROPOSAL FORMAT REQUIREMENTS

L.3.1.1 The total proposal length including all content in § L.4 shall not exceed 75 pages.

L.3.1.2 Each side of a page is considered one page, and shall contain margins no less than .5 inch.

L.3.1.3 All proposals shall be written using Times New Roman font with no less than 11 point font size including graphics, charts, and other materials.

L.3.1.4 All pages shall be oriented in such a way that no page is greater than 8.5 inches x 11 inches.

L.4 PROPOSAL CONTENT REQUIREMENTS

L.4.1 Each Offeror may compete for one (1) or more regions.

L.4.1.1 Offerors may submit more than one proposal in response to this solicitation when the proposal content varies by region. For instance, if an offeror wants to submit a proposal for Regions 11 and 12, but needs to submit different proposal content for Region 11, it should prepare and submit a unique proposal for each region. Each proposal shall conform to the solicitation requirements herein. Likewise, if the proposal content does not differ between multiple regions, the offeror should submit a single proposal and identify the applicable regions in the cover letter outlined in § L.4.2.1.

L.4.1.2 Offerors shall be able to deliver all ELINs in a given country, but may propose to partially perform within a region’s countries. For instance, assume an offeror wants to submit a proposal for Region 10 Western Europe, but is only able to operate in 10 of the 23 countries. It may still submit a proposal for Region 10 if it can perform all ELINs within the 10 countries, and it states the limitation in the cover letter outlined in § L.4.2.1.

L.4.2 To be considered for award, Offerors shall electronically submit an offer consisting of the following.

L.4.2.1 Cover Letter: Offerors shall submit a cover letter, not to exceed two (2) pages, clearly identifying the Global Region(s) in which the proposal includes and any country limitations within the region.

Offerors shall make an affirmative statement in which the offeror agrees to comply with the terms and conditions of the contract.

L.4.2.2 SF33: Signed Standard Form 33 “Solicitation, Offer, and Award” with blocks 12 – 18 completed by the Offeror. If amendments to the solicitation are issued, each signed Standard Form 30 “Amendment of Solicitation/Modification of Contract” shall be included with blocks 8 and 15 a through c completed by the Offeror.

L.4.2.3 Completed Representations and Certifications (Section K): This shall include any supplemental information required by the representations and certifications in Section K. If the offeror is a joint venture, a Memorandum of Association shall be provided which indicates who has the authority to bind the business entity.

L.4.2.4 Attachment 2 - WEX-MAC Vendor Points of Contact: Offerors shall fill out and return

Attachment 2 with its proposal.

L.4.2.5 Subcontracting Narrative: While there is no subcontracting requirement, offerors shall identify the extent to which subcontracting is needed in order to perform the requirement. In accordance with FAR 9.104-4, proposals that include significant teaming may require additional information demonstrating the responsibility of each subcontractor to fully document the team’s responsibility to perform the requirement.

L.4.2.6 Installation Access: If applicable, offerors shall provide proof of its Joint Contingency Contracting

System (JCCS) vendor FP rating of “A” or “B”, and provide a “self-declaration” that it can meet all terms and conditions set forth in Section I Clause 252.225-7980. See also §§ M.3.4 and M.3.5.

L.4.2.7 Pricing: An explanation of how the offeror intends to ensure that offered prices will be fair and reasonable. The explanation may include a narrative describing:

L.4.2.7.1 The offeror's history of providing fair and reasonable prices on contracts for similar efforts;

L.4.2.7.2 The offeror’s internal controls or approved business systems that will ensure fair and reasonable pricing; and

L.4.2.7.3 The methodology used in developing its prices such as explaining its estimating techniques, pricing methodology, or other relevant information used to develop task order ELIN pricing.

L.4.2.7.4 Offerors shall not provide specific ELIN pricing in response to this solicitation.

L.4.2.8 Responsibility Documentation: A narrative documenting the offeror’s responsibility that addresses each of the general and special standards of responsibility in § M. Additional documentation instructions for both standards are included below.

L.4.2.8.1 General Standard of Responsibility: The Government seeks information for the sole purpose of determining whether each offeror is responsible. Any request for additional information will not constitute discussions within the meaning of FAR 15.306 as the offeror will not be given an opportunity to revise its proposal. The following information shall be provided to document the general standard of responsibility:

L.4.2.8.1.1 For each past performance example, the offeror shall fill out Attachment 3 – Past

Performance Information and Questionnaire and return with its proposal.

L.4.2.8.1.2 Information demonstrating that a proposed subcontractor satisfies FAR 9.104-1 general standards of responsibility.

L.4.2.8.1.3 A demonstration that the offeror can comply with the required performance schedule, including a transition plan.

L.4.2.8.1.4 A demonstration that the offeror has, or can obtain, the organizational, management and technical skills to successfully perform. This demonstration may involve the particular personnel and approaches available to the offeror.

L.4.2.8.1.5 The offeror’s quality assurance procedures.

L.4.2.8.1.6 The equipment and facilities the contractor will use.

L.4.2.8.1.7 Certificate of registration of the company.

L.4.2.8.1.8 A demonstration that the offeror has or has the ability to obtain all registrations, permits and licenses required to perform the contract in the locations for which the offeror is proposing.

L.4.2.8.1.9 In the event the offeror is a joint venture, a Memorandum of Association which indicates who has the authority to bind the company.

L.4.2.8.1.10 Demonstration the offeror has a computer system conforming to the requirements provided under Cyber Security Requirements for expeditionary services outlined within this RFP.

L.4.2.8.2 Special Standard of Responsibility: Due to the unique nature of the requirement, a special standard of responsibility will be evaluated according to the requirements in § M.2.2. Offers shall provide the below information to address each element.

L.4.2.8.2.1 Element 1 – Financial Capability: The offeror shall provide audited financial statements for the most recent fiscal year end that comply with the United States Generally Accepted Accounting Principles or equivalent in the country that the offeror was formed. At a minimum, the financial statements shall include a balance sheet, income statement, and statement of cash flows or equivalent statements in the country that the offeror was formed.

Offerors may also describe available lines of credit or other financial resources available to perform the requirement. All statements shall be in the English language.

L.4.2.8.2.2 Element 2 - Asset Availability and Readiness: The offeror shall describe the availability and readiness of its facilities, equipment, personnel, or other resources required to successfully perform the requirement. The offeror’s ability to respond to rapid and reoccurring requirements is essential to successful performance. If applicable, the narrative shall include a statement regarding the availability of the resource, commitment of time, mobilization, location, or other pertinent information.

L.4.2.8.2.3 Element 3 – Agile and Rapid Response: The offeror shall describe the internal controls, policies and procedures in place to enable an agile and rapid response to the mission requirements. Among others, substantiation may include existing or proposed documents, deployment strategies, specific expertise, or other relevant documentation.

L.4.2.8.2.4 Element 4 – Quality: The offeror shall describe its performance record to demonstrate adherence to the contract requirements including the successful performance of similar services, adherence to the contract schedule, and maintaining a high level of quality. A narrative or other substantiating documentation shall be provided to document the offeror’s responsibility.

L.5 ADDITIONAL INFORMATION

L.5.1 Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing in accordance with § L.2. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment of the solicitation, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offerors. Questions and requests for clarification shall be submitted to the following point of contact via email:

Gilbert.Uy@fe.navy.mil Khuong.Nguyen@fe.navy.mil

(End of Summary of Changes)