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Maintenance, Repair, Overhaul of T-EPF Class Vessel
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N6817119R0014

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

INSTRUCTIONS TO OFFERORS

L-1 ADDENDUM TO 52.215-1 Instructions to Offerors—Competitive Acquisition.

Submission of Offers and Other Information At the time of the solicitation closing date: 1000 AM (CET) Friday, November 1, 2019, Offerors shall submit the information as requested via email to the following point of contacts:

Ms. Leilani Mutu, Contract Specialist, email: leilani.mutu@eu.navy.mil Ms. Jennifer Escalante, Contract Specialist, email: jennifer.escalanter@eu.navy.mil

Submission time is in local Naples, Italy time. The deadline / closing time receipt of proposals will be strictly adhered to and enforced.

Be advised that the size limit per email is 10 MB. If your proposal is in excess of 10 MB, submit additional emails as necessary. Offeror must request confirmation of receipt of emails from the Contract Specialist listed above prior to the closing date of this RFP.

Each Offeror must: (1) submit an offer in English, and (2) submit the technical proposal, past performance and price information as three separate volumes. No pricing information is to be included with the technical or past performance volumes.

1. Offer: The Offer consists of and shall include the items listed below:

(a) Standard Form 33/Completed Solicitation, Offerors are required to submit a completed SF 33 to include acknowledgement of amendments by signing and returning each amendment along with its price proposal.

(b) RFP Section B “Supplies/Services and Price”: Offeror is required to submit pricing information on all CLINs/SubCLINs in Section B- Supplies/Services and an itemized breakdown of prices on the form(s) provided in Attachment J-1 Pricing Worksheet (Exhibit A). Price must be in U.S. Dollars and in compliance with Section B. Additional pricing information is detailed in paragraph 4.

(c) The selection of a source for award purposes will be conducted utilizing source selection (negotiated) procedures as delineated in FAR Subpart 15.3. Offers will be evaluated using the criteria under Section M, Evaluation Factors for Award.”

(d) Completed Representations and Certifications – Located in Section K of this solicitation. The Offeror shall fill them out and include them with his/her offer. Signed Representations and Certifications available through the SAM database are an acceptable form of documentation, but written notification must be provided to the Contracting Officer.

Per the terms of the solicitation provision 52.204-8 and contract clause 252.204-7004 (Alternate A), the contractor must have an active registration in the System for Award Management in order to be awarded a contract by the US Government. This registration need not be active at the time of proposal submission; however, the registration must be active before a contract award can be made to the contractor.

(e) DFARS 252.229-7001 Tax Relief

The Offeror shall fill it in with the required information

This RFP does not authorize alternate proposals with respect to specific terms or conditions of this RFP. Any objection to any of the terms and conditions of this RFP will make the offer unacceptable and not considered for award on initial offers. Failure to submit any of the documentation or information required for proposals may cause the Offeror to be ineligible for award on their initial offer.

2. Technical Capability Proposal (Volume 1)

The technical capability proposal shall be sufficient to enable Government evaluating personnel to make a thorough evaluation and arrive at a sound determination as to whether or not the proposal will meet the requirements of the solicitation. To this end, each technical capability proposal shall provide specific, detailed and complete enough to clearly demonstrate that the prospective offeror has sufficiently answered each sub-factor at the level of detail required based on the information listed in the solicitation for that particular sub-factor. Offerors are required to clearly separate and mark each sub-factor section within its Technical Capability Proposal.

The page limit is a maximum of 10 pages of narrative per technical sub-factor. This page limit does not apply to charts, graphs, diagrams, pictures or certificates included with the technical proposal, for which there is no page limit. Technical deliverables listed in the specification package work items, but not listed in this section of the solicitation, are not considered to be necessary components of the offeror’s technical proposal volume for contract award purposes. Therefore, any deliverables that are covered only in the specification package work items can be provided following contract award. Any page limitations applicable to the technical proposal volume do not apply to these additional subsequent submissions.

The Technical Capability Proposal is comprised of the following sub-factors:

· Sub-factor 2.1 Procedure Qualifications

· Sub-factor 2.2 Welder Qualifications

· Sub-factor 2.3 Quality Control Plan

· Sub-factor 2.4 Facilities Requirements

· Sub-factor 2.5 Milestone Schedule

· Sub-factor 2.6 Heavy Weather Plan / Cold Weather Plan

· Sub-factor 2.7 Aluminum Traceability

· Sub-factor 2.8 Material Control and Storage

2.1 PROCEDURE QUALIFICATIONS

The offeror shall submit: (a) current American Bureau of Shipping (ABS)/ International Association of Classification Societies (IACS) member approved weld procedures for 5083 aluminum gas metal arc welding (GMAW), 6061 aluminum GMAW, 5083 aluminum GMAW-Pulse low heat, Ultrasonic Impact Technology (UIT) certifications and ASTM G-67 Mass Loss Testing certifications. Weld Procedures for joining 5083 to 6061 aluminum shall be submitted. Individual Weld Procedures for the required grades of aluminum shall be submitted for 6mm and under by contract award date. These procedures shall comply with the welding scope of work under Work Item 0196.

OR

(b) Provide documentation demonstrating the offeror will submit the procedures listed in paragraph (a) above prior to contract award.

2.2 WELDER QUALIFICATIONS

The offeror shall submit: (a) current ABS/IACS member welder certifications utilizing the above weld procedures. The offeror shall provide a listing of welders that will perform welding work and applicable weld certifications. Welder Certifications shall provide justification for the Currency of the specified Weld Procedures in accordance with American Welding Society D1.2 paragraph 3.23, where welder continuity/currency logs shall be submitted.

OR

(b) Provide documentation demonstrating the offeror will submit the certifications listed in paragraph (a) above prior to contract award.

2.3 QUALITY CONTROL PLAN

The offeror shall submit the Quality Control (QC) Program to be used during this availability. The QC Program must address the method by which the offeror will comply with Section 7.0 of specification package Work Item 0004 - Testing and Quality Assurance, and include a preliminary "Schedule for Key Inspection Events" within the contractor’s proposal.

Provide QC qualifications for Aluminum Non-Destructive Testing (NDT) processes, Aluminum inspection experience and certifications that comply with the scope of work under Work Item 0196.

2.4 FACILITIES REQUIREMENTS

The offeror shall complete and submit the provided MSC Ship Repair Facility Survey Form (MSC Form 4330/26) (Refer to RFP Attachment J-4). Forms must be signed and dated. Dry-dock section of the form is not applicable.

Note the following special instructions when completing this Form:

a. On sheet 2 of 5, the “Services Available” block shall include only those services which are permanently installed. Temporary service capability shall be listed on sheet 5 of 5.

b. Crane certification data shall be supplied. All certification data must be current and not expired.

c. The following instructions apply to the required submittals list located on sheet 5 of 5.

(i) Submittal number 1: submit as instructed.

(ii) Submittal number 2: submit as instructed.

(iii) Submittal number 3: submit as instructed; list only capital equipment. Do not list portable hand-held tools.

(iv) Submittal number 4: submit as instructed

(v) Submittal number 5: submit as instructed

(vi) Submittal number 6: submit as instructed. Do not list subcontractor locations.

(vii) Submittal number 7: submit as instructed.

d. In addition to the data supplied on RFP Attachment J-2; submit the following:

(i) A Berth Chart that complies with the requirements set forth in Specification Package of Not Separately Priced (NSP) Work Item 0003 “APPROACH BERTHING AND MOORING.”

(ii) An Approach Chart that complies with the requirements set forth in Specification Package NSP Work Item 0003 “APPROACH BERTHING AND MOORING.”

(iii) A Mooring Chart that complies with the requirements set forth in Specification Package NSP Work Item 0003 “APPROACH BERTHING AND MOORING.”

(iv) Offerors must submit with their proposals copies of all the latest National Oceanographic and Atmospheric Administration (NOAA) (or US Army Corps of Engineers) waterway approach charts to their facility. Charts are to show the entire route of transit from the sea buoy to the Contractor's facility, including any for proposed inter/intra facility transits. Charts must provide adequate demonstration that the Offeror has positively determined the route(s) providing safe vessel transit set forth in Specification Package NSP Work Item 0003 “APPROACH BERTHING AND MOORING.”

(v) Offeror shall submit written confirmation that they have available pier-side space to accommodate the vessel for all days of the performance period.

(vi) The offeror shall demonstrate that it has and will provide a reliable source of electrical shore power that meets or exceeds the requirements set forth in Section 7.0 of Work Item 0011, Furnish General Services (T-EPF Class). Two (2) shore power cables must originate from the same generator or transformer bank, provided with a capacity of 460 Volts, 60 Hz under no load conditions at the shore power cable ends to be connected to the ship's shore power receptacle. At a maximum amperage of 800 amps, the Voltage shall be maintained at 450 +/- 5 Volts and at 60 Hz +/- 3%. If a generator is proposed, the contractor shall submit a generator maintenance schedule with its proposal.

(vii) The offeror shall describe the functional system requirements and demonstrate its capability to provide the vessel with continuous flow seawater cooling that meets or exceeds the requirements set forth in section 7.0 of Work Item 0011. Cooling water shall be provided through the salt water cooling supply connection (firemain) at a rate of 400 GPM to 1000 GPM at 80 psi measured at the vessels 02 level passageway. The requirement is in addition to the firemain requirement included in work item 0016.

2.5 MILESTONE SCHEDULE

The offeror shall provide a time phased progress chart which includes every work item in the specification package including “Category B” Optional Work Items. In addition, include a Critical Path Analysis by Work Item.

The analysis shall clearly identify the primary Critical Path at each point of the availability. Offerors shall base their milestone schedule on a ship arrival date of 06 January 2020 and a ship redelivery date of 31 March 2020.

The analysis shall include the sequencing of work items and independent tasks which depend on the milestones listed below. The analysis shall demonstrate clear understanding of the required sequencing, conflicting tasks, subcontractor and technical representative scheduling, and regulatory body required inspections.

In addition to including every work item in the specification package, the time phased progress chart must specifically identify the following additional milestones:

1. MSC Overhaul Management Team (OMT) office start and end dates.

2. Crew move off date.

3. Completion of tanks gas-freeing date.

4. Turnover of the Engine Room date.

5. Habitability and Galley Turnover

6. Crew move aboard date

7. Dock trial date.

8. Sea trial date.

2.6 HEAVY WEATHER PLAN

The offeror shall provide a Heavy Weather Plan. The plan shall include a description of the protection arrangements available and the preventive measures that will be taken to ensure the safety of the ship from heavy weather conditions for a Beaufort Wind Scale Number 7 or higher. The plan shall demonstrate daily monitoring and tracking operations of heavy weather conditions and contractor actions relative to deteriorating weather conditions for Beaufort Wind Scale (enclosure 2.2.1) Number 7 and higher in preparation to protect the vessel from damage.

COLD WEATHER PLAN

The offeror shall provide a Cold Weather Plan. The plan shall include a description of the cold weather precautions and protection arrangements available. The preventive measures that will be taken to ensure the safety of the vessel and to prevent damage to the ship during cold weather must be presented with a written plan for mitigation in response to such cold weather event in detail.

The plan shall demonstrate daily monitoring and tracking operations of cold weather conditions, changing weather conditions as the cold weather season approaches, unusual cold spells for the geographic location of the contractor's facility, and winter precipitation patterns for snow, sleet and ice conditions.

2.7 ALUMINUM TRACEABILTY

The offeror shall provide and detail the Condition Found Report (CFR) process and deckplate process to control aluminum material traceability for use during this availability. Traceability shall include material certifications, ABS approved repair plans, and weld filler material certifications.

2.8 MATERIAL CONTROL AND STORAGE

The offeror shall submit the location, number and total square footage of all storage areas including those proposed for the receipt and inspection of material necessary during the performance under this contract. Storage areas proposed for use must meet or exceed the requirements of Work Item #015 Section 7.3.2 - STORAGE.

Identify the system to be used for Material Control by providing the following areas:

1. Advanced CFM material ordering.

2. Receipt, inspection, and identification of GFM and CFM

3. Control of pilferable and sensitive material.

4. Control of damage and reporting system.

5. Turn-in material, including equipment shipped to subcontractors for work.

6. Scrap material and relative accounting system.

7. Rip out material which is to be reinstalled

8. Procedure for critical material decisions such as substitution.

9. Temporary issue of storeroom repair parts to support mid-term availability.

3. PAST PERFORMANCE (VOLUME II)

Description of Past Performance: Offerors shall describe its past performance on directly related or similar Federal, State and local government, and private contracts and subcontracts which were ongoing or completed within the last three (3) years from the closing date of this RFP,which are of same or similar scope, magnitude or complexity to that which is detailed in the RFP. The information must be clear whether the work by the Offeror was done as a prime contractor or a subcontractor. An Offeror who describes similar contracts and subcontracts shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of the RFP. Specifically, Offeror shall use the J-5 Past Performance Information Sheet to provide the required information regarding its past performance on no more than three (3) recommended relevant (“same or similar”) contracts obtained from the Government and/or commercial sources. The Past Performance Information Sheet is a document that the Offeror must complete and return with its proposal..

An offeror that has already received a Contractor Performance Assessment Reporting System (CPARS) may submit a copy of the CPARS or provide a list of the contracts that have completed the CPARS.

J-6 Past Performance Questionnaire is provided for informational purposes only. Offerors are not required to submit this form. The questionnaire will be completed by the past performance references (who the Offeror performed the work for) cited in Attachment J-5 Past Performance Information Sheet, and may be incorporated into the Offeror’s past performance information. The sole reason for providing this attachment is so the Offerors can see the types of questions that their past performance references will be asked.

The Government reserves the right to obtain information for use in the evaluation of past performance from any or all sources including sources outside of the Government.

4. PRICE (VOLUME III)

1. Offerors shall submit prices in the format specified in Section B “Supplies/Services and Price” of this solicitation. CLIN 0001 Category A must be completed with the total amount for all CAT A work items. Price must be in U.S. Dollars.

2. Offerors shall complete the following Tabs of the Attachment J-1 Pricing Information:

· Contractor’s Price Breakdown (first tab). The contractor shall provide the number of man hours and labor rate.

· Work Item 0011 General Services Tab. Pricing for this work item is split in two categories of services priced differently:

a). Unit Price based on estimated quantity – The services included in Work Item #011 must be priced based on an estimated number indicated in the work item for each service. The unit price will be used for adjustments to the award price for lesser or greater total consumption. Any required adjustments shall be made via a contract modification.

b) One Daily price inclusive of the following services. The daily price must include all services listed under this category.

c) Total price for final Cleaning of the vessel.

The total price of the WI must be reported in the Tab 1 Contractor’s Price Breakdown

· Work Item 0012 Telephone Services. The pricing for this work item must be filled with the proposed daily rental fee for the telephone equipment and add a “Not to Exceed” $10,000 toward the cost of phone calls. The contractor must notify the Contract Officer once 95% of the NTE amount has been met. If the actual cost of long distance phone calls is less than $10,000 a change order will be issued to credit the Government for the difference.

The total price of the WI must be reported in the Tab 1 Contractor’s Price Breakdown

· Work Item 015 Integrated Logistics and GFM Support Tab. The pricing shall be provided for the quantities specified in the tab. Any customs fees, light dues or any other port tariffs are to be paid in accordance with the local regulations that the contractor may have anticipated for the ship and will be reimbursed at actual cost after submission of supporting documentation. The contractor is expected to be aware of any tax/dues exemptions granted to the US Government from the country where the repairs will take place.

· Work Item 0023 Hazardous Waste Disposal Tab. The pricing for this work item must be filled with the proposed percentage for management and handling fees based on the estimated cost of hazardous waste disposal (including any other costs associated, such as laboratory tests) of $100,000.00 to be reimbursed to the contractor. The contractor will be reimbursed for the actual cost of hazardous waste disposal based on the disposal/subcontractors invoices. If the actual cost of hazardous waste disposal is higher than $100,000.00, a change order will be issued for the additional costs and for a pro-rata management and handling fee. If the actual cost of hazardous waste disposal is lower than $100,000.00, a change order will be issued for definitizing the estimated value below $100,000.00.

· Work Item 030 Continuation of General Services Tab. This Work Item is an optional work item that allows the government to extend the period of performance and maintain the services described in the parent work item.

L-2 SHIP CHECK

A ship check is scheduled for Tuesday, October 15, 2019 at 1000 in Malaga, Spain. The Principal Port Engineer contact info is Van Ngyuen, Ph: +1 (757) 469-8336, email: van.p.nguyen1@navy.mil; FLCSI Contract Specialist POC is Jose Marin email: jose.marin@eu.navy.mil. Ship check attendance is not mandatory, however, highly recommended. The U.S. Government will not reimburse offerors for any and costs associated with attendance of the ship check. Questions during the ship check must be submitted directly to leilani.mutu@eu.navy.mil and jennifer.escalante@eu.navy.mil.

L-3 QUESTIONS/ CLARIFICATIONS

Offerors may submit question regarding any work item specification or contract term in this solicitation. No verbal requests for information will be accepted by the Contracting Officer. All questions from offerors shall be submitted to the Contract Specialist electronically via e-mail to leilani.mutu@eu.navy.mil and jennifer.escalante@eu.navy.mil no later than close of business 17 October 2019 Central European Time (CET).

SECTION M - EVALUATION FACTORS FOR AWARD

The following have been modified:

EVALUATION FACTORS FOR AWARD

EVALUATION OF OFFERS – USING TECHNICAL, PRICE AND PAST PERFORMANCE FACTORS

The Government intends to award a Firm Fixed Price (FFP) contract without discussions pursuant to FAR Clause 52.215-1(f)(4). However, the Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In the event that discussions are held, a competitive range determination will be made. Offers will first be evaluated to determine whether the offeror’s facility is located within the required geographic area of the Mediterranean and whether the contract is located in a country that maintains an international agreement that addresses primary jurisdiction procedures for US military personnel. Offerors that do not meet these requirements will not be further evaluated and will be ineligible for award. Offerors that meet these requirements, will then be further evaluated using a trade-off methodology, as described below:

Offerors are advised that the Government reserves the right to make award to other than the lowest price offeror, or the offeror with the highest technical rating if the Government determines that to do so will result in the overall best value to the Government.

For award purposes, all CLINS, SubCLINS, and associated ELINs will be considered, including Optional CLINs, are totaled in order to calculate the total proposed price of performance. Proposals that do not offer all items (including options), which offer only partial CLIN pricing, or take exception to the terms and conditions of this solicitation may be rejected as unacceptable.

A finding of “No Confidence” in Past Performance or “Unacceptable” in Technical Capability (to include any of its respective sub-factors) may result in the entire proposal being determined Unacceptable.

Trade-off Evaluation Methodology

The Government intends to conduct a best value trade off evaluation using the ratings and associated definitions provided below. The following evaluation factors and sub-factors shall be used to evaluate offers:

I. Technical Capability II. Past Performance III. Price

Factor (I), Technical Capability is composed of equally important sub-factors. Technical Capability and Factor (II) Past Performance when combined, are more important than price (factor III). Although price is considered in every award decision, non-price factors when combined are more important than price. In situations where non-price factors between offerors are relatively equal, price becomes more important and may become a major factor for the award decision. A rating of “Unacceptable” or “Marginal” in any sub-factor will render the entire technical capability proposal factor “Unacceptable” or “Marginal” and therefore, may be ineligible for award.

I. Technical Capability.

Technical Capability evaluation shall consist of the following sub-factors:

· Sub-factor 1.1 Procedure Qualifications

· Sub-factor 1.2 Welder Qualifications

· Sub-factor 1.3 Quality Control Plan

· Sub-factor 1.4 Facilities Requirements

· Sub-factor 1.5 Milestone Schedule

· Sub-factor 1.6 Heavy Weather Plan / Cold Weather Plan

· Sub-factor 1.7 Aluminum Traceability

· Sub-factor 1.8 Material Control and Storage

The eight sub-factors listed above are equally important. All sub-factors will be evaluated individually using the adjectival ratings defined in the table below. The individual sub-factors ratings will then be used to determine an overall rating for the Technical Capability Factor which will be used for the best value trade off analysis.

The Government will evaluate an Offeror’s Technical Capability proposal to determine an Offeror’s ability to successfully accomplish the MTA by ascertaining the quality and depth of the responses to the information required by Section L. Successful accomplishment of the MTA is defined as the Offeror’s ability to complete all work designated in the work item package on time and in a manner that complies with the processes and procedures outlined in the solicitation inclusive of all solicitation reference documents.

Table A-1. Adjectival Ratings

ADJECTIVAL RATING
Description
Outstanding
Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.
Good
Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.
Acceptable
Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.
Marginal
Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.
Unacceptable
Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is un-awardable.

2. Past Performance

The Government will review the past performance information provided as specified in solicitation provision 52.215-1 Instructions to Offerors—Competitive Acquisition in order to determine the offeror’s relative capability to successfully meet the requirements of the solicitation based upon their previous performance of effort similar to that anticipated under this requirement.

Using the J-5 Past Performance Information Sheet submitted by the offerors for the same or similar work performed in the last three years from the closing date of this solicitation and other information independently obtained from Government or commercial sources, the Government will assign an overall performance confidence assessment for each offeror whose past performance is evaluated, consistent with the Past Performance Confidence table below. The purpose of the past performance evaluation is to allow the Government to assess the offeror’s ability to perform the effort described in this RFP, based on the offeror’s demonstrated present and past performance. Each Past Performance effort will be evaluated for recency, relevancy and quality. Recency will be validated by those past performance submissions that meet the requirement of having been performed in the past three (3) years from the date of the solicitation. The Government will evaluate relevancy as follows:

Table B-1. Relevancy Ratings

Rating
Definition
Very Relevant (VR)
Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.
Relevant (R)
Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.
Somewhat Relevant (SR)
Present/past performance efforts involved some of the scope and magnitude of effort and complexities this solicitation requires.
Not Relevant (NR)
Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

After the Government has determined the recency and relevancy of each past performance effort being evaluated, the quality of the offeror’s performance, general trends, and usefulness of the information shall be incorporated into an overall Past Performance Confidence Assessment rating which will be assigned to each offeror, consistent with the Past Performance Confidence table below.

Table B-2. Confidence Ratings

Rating
Definition
Substantial Confidence
Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.
Satisfactory Confidence
Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.
Limited Confidence
Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.
No Confidence
Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.
Unknown Confidence (Neutral)
No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

Offerors with no recent/relevant performance record shall receive the rating “Unknown Confidence” meaning the rating is treated neither favorably nor unfavorably.

In evaluating past performance, the government will give greater consideration to information on those contracts deemed most relevant to the effort described in this RFP, specifically, contracts for ship repairs done in an offeror’s shipyard.

3. Price.

a). The Government will evaluate the offers for completeness and to ensure that a fair and reasonable firm fixed price is determined for award.

For completeness evaluation purpose, the offeror must complete all tabs of the Attachment J-1 Pricing Worksheet will be evaluated by totaling the prices proposed for all work items.

Options. 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).

b) 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.

4. Contractor Responsibility.

To be eligible for award of a contract hereunder, an Offeror must be determined by the Contracting Officer to be a responsible prospective contractor. To be determined responsible, a contractor must:

(a) Have adequate personnel, organizational, and financial resources to perform the contract, or the ability to obtain them;

(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(c) Have a satisfactory performance record;

(d) Have a satisfactory record of integrity and business ethics;

(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

(h) Be located within a country that maintains an International Agreement with the United States that addresses primary jurisdiction procedures for US Military personnel.

(End of Summary of Changes) image1.wmf

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