N6817117R00040006.pdf

N6817116067A123

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) Extend the soliciation closing date and time to 4:00PM Local Naples, Italy Time on 30 November 2017;

(2) Provide responses to the remaining inquiries recieved from potential offerors;

(3) Incorporate corrections to the Exhibits to the solicitation.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 4

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

16C. DATE SIGNED

BY 22-Nov-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 N68171-17-R-0004

X 9B. DATED (SEE ITEM 11)

14-Sep-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 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 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

22-Nov-2017

CODE

NAVSUP FLC SIGONELLA NAPLES OFFICE FLEET

BOX 50

VIALE F. RUFFO DI CALABRIA

CAPODICHINO

NAPOLI 80144

N68171 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N68171-17-R-0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

Q88

A88

Please clarify the differences between Camels, Breasting and Fendering barges and when the Government would order one instead of the other. While the PWS states that the fendering Barge is purely required when a large vessel needs more separation from the pier than would be provided by a camel, the size of Camel has not been defined. If fendering barges are to be used only for large ships then why do we have ELINS (XX5E,XX5F) fendering barges for Class I, and II ships? Further, if camels are to be used for small ships, then why is there an ELIN for Camels for Class IV and V ships? If the fendering Barge is providing additional separation (as stated in the PWS) between a large ship and the pier, then what is the purpose of the Breasting Barge? The Task Orders for Carriers in the past have indicated Breasting Barge for this function.

For purposes of the CENTCOM HSP contract, Breasting barges are used to go between pier and ship as well as ship and ship with the ability to walk on barge. Fendering barges are the type that has fendering attached all around with the capability of being loaded with equipment for the ship, trash, etc., and can be relocated with the use of tug.

Camel barge usage is similar to a Yokohama fender, but made of wood (it can be one log or two logs put together).

The ELIN for each class will establish a max price for each item.

Q89

A89

Shore Power (XX7Y-81). Reconnection on Tripping due Ships Fault: In the event that shore generator trips causing power breakdown due to an on board issue or ships fault, how is the HSP compensated for expenses incurred in reconnecting the shore power such as engineer’s attendance cost and damage repair cost.

This situation is to be evaluated on a case by case basis. The COR and the Contracting Officer must be contacted prior to any action taken to ensure the proper procedures are followed and any equitable adjustment can be contemplated, if necessary.

Q90

A90

The governing law for the solicitation is the US Law. The governing law under each port authority jurisdiction is the local law of that state, which will apply for all port tariff services rendered directly from the port. The Navy from past experience is fully aware that the contractor can operate in a single port only if he is licensed as a port agent. The fact that the US Navy deliberately ignores the conflicting legal landscape between two jurisdictions each giving rising to liabilities vis-à-vis the US government, on one hand and the local port authority on the other hand, may give rise to actions for damages arising on the basis of negligence and tort.

This statement is not a question nor does it provide information specific enough to fully address the offerors concerns.

In any event, any contractor who is awarded a U.S government contract under this solicitation is expected to comply with the terms and conditions of the contract and any and all local laws, rules and regulations they may encounter while performing under the U.S government contract. There is nothing in the solicitation that suggests or requires that a contractor who is awarded a U.S government contract under this solicitation is expected to violate any local laws, rules and regulations in the AOR.

Q91

Port Tariff. Schedule Note #3 on page 12. We believe there is never a time or a port that will agree to become the subcontractor to a US Navy Husbanding contractor. Port tariffs cannot simply be looked at as prices charged by a port. A tariff is a set of rules that are set out by the port administration and must be adhered to by all visiting ships – including those of the US Navy - and companies working inside the port. Here are some excerpts from various port tariffs:

Bahrain - Any user of Port Services (hereinafter referred to as “Customer”) is deemed to have accepted the Tariff upon entry of their Cargo or Ship (as defined hereinafter) into the Port / Terminal (as defined hereinafter) and/or the use of marine services for the port / private jetties.

Fujairah - The use of the Port shall constitute a consent to the terms and conditions of this Tariff, and evidences agreement on

A91 the part of all vessels, their Owners, Operators, Charterers, Mortgagees or Agents, the Cargo Owners and Agents (Shippers or Consignees) and other users of the Port, to pay all charges specified, and to be governed by all rules and regulations contained herein.

Jebel Ali - The use of the Port Facilities shall constitute a consent to the terms and conditions of this Tariff, and evidence, agreement on the part of all Vessels, their Owners, Operators, Charterers, Mortgagees or Agents, the Cargo Owners and Agents (Shippers or Consignees) and other Users of the Port Facilities, to pay all charges specified, and to be governed by all rules and regulations appertaining to the Port facilities.

Duqm – “These Port Rules and Regulations shall be governed by and construed in accordance with the Laws of the Sultanate of Oman. In case of dispute regarding the interpretation, application or validity of or arising out of or in connection with these Port of Duqm Rules and Regulations, parties involved shall refer the dispute to two nominated persons, one from each Party, who shall discuss the matter in dispute and shall endeavour to resolve any such dispute by amicable negotiation.

The Port Authority and its licensed tug service organization bear no responsibility and liability, including any damage, which a third party may sustain, neither shall the Port Authority and its licensed tug service organization be accountable for any delay, stoppage or inadequate power of the tug, however caused for whatever purpose or reason. The Port Authority and its licensed tug service organization shall not be held responsible for any damages whatsoever that may be caused by the tug to the Vessel being towed or by the Vessel being towed to the tug, or any loss or damage to anything on board or any injury to any person.

For sake of clarity, the towing starts when the tug becomes ready to receive any verbal orders from the Vessel to pick up ropes or lines or when the tow rope has been passed to or from the tug, whichever be the sooner, and the towing ends when the final order from the Vessel being towed to cast off ropes or lines has been received and carried out or the tow rope has been finally slipped and tug is safely clear of the Vessel being towed, whichever is the later. When the towing starts, the tug's master and crew thereof shall become the employees of and shall be identified with the Vessel being towed and shall be under control of the Master of such Vessel. This is also applicable to the port workers who carry out their activities on board during the towing”.

It is crystal clear from the above statements found on page one or very close to the beginning of each port tariff that when you are in a port, you must follow the ports’ rules and regulations. Ports do not accept terms and conditions imposed by port agents or in this case a Husbanding Contractor. Even the US Navy must agree to comply with the terms and conditions of a foreign port prior to the ship entering that port as much as a foreign military vessel would have to abide by the rules applicable in a US port.

In the event that one contractor is truthful and states that the port of Bahrain, for example, has refused to be a subcontractor, but another MAC contract holder turns a blind eye and fakes that Bahrain port authority does not take issue with it being their subcontractor. Would an RTOP not be awarded to the truthful MAC holder who brought it to the Government’s attention even though they had offered a more competitive price? This leads to the following questions:-

(a) If both are to be offered, which of the two sets of prices will apply?

(b) How will the two sets of prices be assessed in the solicitation?

(c) How will the Navy select one set of prices over another?

(d) When selected, under which terms and conditions will they be applied, as each set has its own?

(e) How much, if any, advance notice will the Navy give the HSP as to which set of prices will it select for a port call?

(f) This is material as it has an impact on dispute resolution clauses, cancellation charges, insurance liability and other contractual factors with suppliers.

The Navy will not dictate how each HSP enters into agreements with their subcontractors. It is the responsibility of the HSP to ensure that the terms of the contract, as well as the laws and regulations of each port are met. There is nothing in the solicitation that suggests or requires that a contractor who is awarded a U.S government contract under this solicitation is expected not follow the rules and regulations dictated by the port authority. If and when and conflicts arise between requirements and port restrictions to which performance of the contract cannot be facilitated, the HSP must notify the Contracting Office immediately to determine a resolution. As such, there will not be a situation in which two sets of pricing shall be submitted for evaluation and award.

(End of Summary of Changes)