Amendment 0004.pdf

N6817120297A101

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 make the follow ing changes to the solicitation:

(1) Section B, Schedule Note 8 has been revised to clarify w hen time w ill start being measured for hourly and daily rates.

(2) Provide answ ers to questions submitted; and

(3) Revise Section L-1 Questions from Prospective Offerors questions due date from 0300pm (GMT+1) 6 February 2020 to 0300pm (GMT+1) 10 February 2020.

1. CONTRACT ID CODE PAGE OF PAGES

1 8

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

16C. DATE SIGNED

BY 07-Feb-2020

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 N6817120R0001

X 9B. DATED (SEE ITEM 11)

31-Dec-2019

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 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

07-Feb-2020

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:

N6817120R0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

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) All prices as a result of this contract 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 ship 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 be inclusive of performance at night, overtime, Fridays, 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 (including Admiralty 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.

“Mobilization” is defined as the process of activating and moving a contractor’s physical manpower resources and company assets for transfer from their place of origin to the location for performance of the contract where they remain until the port visit is complete. “De-mobilization” is the return of the manpower resources and company assets to their place of origin or another region.

“Pre-positioning”/“Pre-staging” is defined as providing the required assets or access to the required assets to the Government representatives within the timeframe stated in the task order prior to the ship pulling into port.

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 (1) to five (5) days prior to the arrival of visiting ships.

3) Firm-Fixed-Prices for all items shall be set at the Task Order level.

4) The Husbanding Service Provider (HSP) contractor, shall coordinate with the ship to schedule the frequency for the on-load, collection, offload, removal or disposal of volumetric based services.

5) The United States Government (Government) reserves the right to incorporate additional requirements for services expressed in the performance work statement during Request for Task Order Proposals (RTOP) solicitations

6) Volumetric based services. At the time the RTOP solicitations are issued, the Government will identify the estimated quantity for the volumetric services to be offloaded. Contractors shall be expected to propose two prices in response to the volumetric amount: 1) a daily Volumetric Management Fee to cover any and all fixed costs associated with supporting volumetric offload in accordance with the performance based statement of work and pricing notes section 2.0; and 2) a per unit price for each unit offloaded. Both prices shall be utilized in the Task Order evaluation. At the time the services are completed, the Government will determine the amount of payment due by muliplying the daily Volumetric Management Fee x the number of days, plus the proposed unit price x the actual quantity offloaded. For example:

RTOP – Request removal of an estimated 300 Cubic Meters (CZ) of CHT per day for a 3 day period.

Price 1 – Volumetric Management Fee (VMF) – the fixed daily price associated with volumetric offload in accordance with the performance work statement. (VMF X 3 days)

Price 2 – Volumetric Unit Price – the unit price to be paid per actual amount offloaded. (VUP x Qty offloaded).

The contractor’s Volumetric Management Fee and Unit Price should be inclusive of all costs as indicated in the pricing notes, paragraph 2 above.

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

Volumetric based service shall be a dedicated service. The term “dedicated service” means a service provided exclusively to the Government. In those limited number of cases where this is not possible, HSP shall provide a system to measure the volume of the service deposited/utilized by the Government’s ship or otherwise ensure that the ship is charged only for its “pro rata” share of the service.

7) Section C of the contract establishes the performance standard for each service to which the HSP is required to perform. In the case for volumetric services, the performance standard is usually expressed in terms of providing the service at such a frequency so that ship board system need not be secured, constrained, or shut down due to lack of available on-ship capacity. As such, the estimates provided in the RTOP represent the Governments estimates for the respective volumetric services needed to satisfy the performance standard.

8) 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; and for daily rates, a calendar day begins at 0000 and ends at 2359. For the purposes of this contract, one (1) day is equal to a calendar day. A calendar day begins at 0000 and ends at 2359. In cases where only a partial day of services is used, the HSP shall be entitled to bill for one full day of service.

Examples:

a. Services from 0700 until 1800 the next calendar day is equal to two (2) day of service. Services shall be available for inspections and commencement at 0001 on first day of the period of performance.

b. Services from 0700 until 0700 the next calendar day is equal to two (2) days of service. Services shall

c. Services from 0700 until 0500 the next calendar day is equal to two (2) day of service. Services shall

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 Government unless notice of cancellation is provided in accordance with Section H by a Contracting Officer

(KO).

9) The HSP shall provide continuous service for unit of issues identified as DAY (DY). These services shall be provided on a 24 hour per day period of performance basis in accordance with the calendar day from 0000 to 2359.

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

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

The CLINS represent husbanding services for the base and option year. For example:

CLINS

0001 – Base Period 1001 – Option Period

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

Base Period

Funding SubCLIN Charter & Hire 0001AA Utilities 0001AB Force Protection 0001AC Communications 0001AD Transportation 0001AE Other Supplies/Services 0001AF

Option Period

Funding SubCLIN Charter & Hire 1001AA Utilities 1001AB Force Protection 1001AC Communications 1001AD Transportation 1001AE Other Supplies/Services 1001AF

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

ELIN XX00:

XX= Region 00 = Specific requirement

Throughout the PWS below an “X” is used as a placeholder in the ELIN to show that the ELIN numbers will vary by region.

12) Maximum: Each offeror’s contract maximum shall be calculated by adding the region maximums identified below for each of the regions covered by that offeror’s contract:

Region Number Basic Period Option Period MAXIMUM

1 $42,000,000.00 $42,000,000.00 $84,000,000.00

2 $8,500,000,00 $8,500,000,00 $17,000,000.00

3 $59,500,000,00 $59,500,000,00 $119,000,000.00

4 $5,500,000.00 $5,500,000.00 $11,000,000.00

5 $22,000,000.00 $22,000,000.00 $44,000,000.00

6 $4,500,000.00 $4,500,000.00 $9,000,000.00

7 $3,000,000.00 $3,000,000.00 $6,000,000.00

8 $19,000,000.00 $19,000,000.00 $38,000,000.00

9 $66,500,000.00 $66,500,000.00 $133,000,000.00

10 $30,000,000.00 $30,000,000.00 $61,000,000.00

11 $36,000,000.00 $36,000,000.00 $72,000,000.00

12 $149,000,000.00 $149,000,000.00 $298,000,000.00

13 $68,500,000.00 $68,500,000.00 $137,000,000.00

14 $10,500,000.00 $10,500,000.00 $21,000,000.00

15 $10,500,000.00 $10,500,000.00 $21,000,000.00

16 $30,500,000.00 $30,500,000.00 $61,000,000.00

17 $27,500,000.00 $27,500,000.00 $55,000,000.00

18 $21,500,000.00 $21,500,000.00 $43,000,000.00

19 $14,000,000.00 $14,000,000.00 $28,000,000.00

20 $34,000,000.00 $34,000,000.00 $68,000,000.00

21 $30,000,000.00 $30,000,000.00 $60,000,000.00

22 $15,000,000.00 $15,000,000.00 $30,000,000.00

23 $49,000,000.00 $49,000,000.00 $98,000,000.00

24 $41,000,000.00 $41,000,000.00 $82,000,000.00

25 $52,500,000.00 $52,500,000.00 $105,000,000.00

26 $16,000,000.00 $16,000,000.00 $32,000,000.00

27 $30,000,000.00 $30,000,000.00 $60,000,000.00

28 $13,000,000.00 $13,000,000.00 $26,000,000.00

29 $98,000,000.00 $98,000,000.00 $196,000,000.00

30 $53,500,000.00 $53,500,000.00 $107,000,000.00

Total $1,061,000,000.00 $1,061,000,000.00 $2,122,000,000.00

For example, an offeror that is selected for performance in Region 1 and Region 2 would have a total contract maximum of $50,500,000.00 for the base period and $50,500,000.00 for the option period that equals the sum of those two (2) regions’ maximums.

The above listed amounts represent the contract maximum amount throughout the ordering period of the contract for each region for the base and option period. On the contract award, the estimated not-to-exceed amount will be the cumulative total of the awarded regions for the base and option period. The awarded regions will be identified in the description of the CLIN.

13) Minimum guarantee: All contractors shall be awarded CLIN 0002 – Minimum Guarantee. The minimum guarantee under this contract is $3,000 per award and is applicable to the first year of performance only. All contractors receiving award shall have $3,000 obligated on their base contract to cover the Minimum Guarantee. If the contractor receives a Task Order or Orders within the first year of performance that is equal to or greater than the guaranteed minimum, a unilateral modification shall be issued to de-obligate the minimum guarantee from the base contract. If the contractor does not receive a Task Order or Orders meeting the guaranteed minimum prior to end of the first year of performance, they may submit an invoice for the minimum guarantee amount immediately following the expiration of the contract. Contractors receiving awards during rolling admissions shall receive the same minimum guarantee.

14) Logistics Requisition (LOGREQ) and RTOP: In some instances the ordering office may include the LOGREQ as part of the RTOP and Task Order in order to provide clarifying information to HSPs for certain port visits.

While the LOGREQ is meant to be informative, it does not take precedence over the RTOP or eventual award in regards to the types or quantity of services required. If discrepancies are identified during the RTOP phase, HSPs should make the COR and FLC ordering officer aware of the error to allow time to correct it prior to closing of the RTOP. If the task order has been awarded and the LOGREQ includes contradictory information, HSPs shall perform in accordance with the requirements identified in the task order.

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

L-1 SUBMISSION INSTRUCTIONS

PROPOSAL SUBMITTALS

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

1. Gary Trimble Gary.trimble@eu.navy.mil

2. Courtney Cobbs Courtney.cobbs@eu.navy.mil

3. Suzanne Shin Suzanne.shin@eu.navy.mil

All offers must be received no later than 11:00am (GMT +1) Naples, Italy time, on 14 February 2020.

Contractors 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.

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.).

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.

OFFERORS SHOULD NOT SUBMIT ANY ADDITIONAL INFORMATION WITH THEIR PROPOSAL.

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 03:00pm (GM +1) Naples, Italy time of the 180th day.

QUESTIONS FROM PROSPECTIVE OFFERORS

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 03:00pm (GM +1) Naples, Italy time on 10 February 2020 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.

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.

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

Gary.trimble@eu.navy.mil, Courtney.cobbs@eu.navy.mil and Suzanne.shin@eu.navy.mil.

L-2 SUBMISSION INFORMATION

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

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

1. 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.

2. 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.

3. Offerors shall submit a cover letter, not to exceed two (2) pages, clearly identifying the HSP Global Region(s) in which they would like to be considered for award and a statement in which the offeror agrees to comply with the terms and conditions of the contract.

4. Small Business Subcontracting Plan (For other-than-Small Businesses ONLY) for Regions 1 through

4 ONLY. Each Offeror that is not a small business shall provide a Small Business Subcontracting Plan that contains all elements required by FAR 52.219-9 (Deviation 2016-O0009), as supplemented by DFARS 252.219-7003 (Deviation 2016-O0009) by the closing date and time of this solicitation. The Small Business Subcontracting Plan requirement is mandatory for award to a large business. This plan will not be evaluated as part of the formal source selection process. The Small Business Subcontracting Plan must be determined to be acceptable by the Contracting Officer in order for the offeror to be eligible for contract award in accordance with FAR 19.702(a)(1). If the apparently successful offeror fails to negotiate a subcontracting plan acceptable to the Contracting Officer within the time limit prescribed by the Contracting Officer, the offeror will be ineligible for award. If the Contracting Officer accepts your Small Business Subcontracting Plan, it will become part of the contract. Offerors are permitted to submit a Master Subcontracting Plan in accordance with FAR 19.701 and FAR 19.704(b). Small Business Subcontracting Plans are not required from offerors that qualify as Small Business concerns under NAICS Code 488310 with a Size Standard of $41.5 M.

It is the goal of this solicitation that prime contractors subcontract with small businesses to the maximum extent practicable. For other-than-small prime contractors, the Small Business Subcontracting Plan goals shall be expressed in terms of whole dollars and percentages based on total planned subcontracting dollars.

Of the total planned subcontracting dollars, the Small Business Subcontracting Plan shall include goals for Small Businesses, Small Disadvantaged Businesses, Woman-Owned Small Businesses, HubZone Small Businesses, Veteran Owned Small Businesses and Service-Disabled Veteran-Owned Small Business.

5. A one (1) page explanation of how an offeror intends to ensure that the prices they offer in response to an RTOP are fair and reasonable. The explanation may be, for example: a discussion of the offeror's history of providing fair and reasonable prices on contracts for similar efforts; or a discussion of the methodology the offeror intends to use in developing its prices such as explaining the pricing methodology used to come up with an estimate for a sample port visit in an area for which the offeror is submitting an offer, choosing one of the ship classifications in Attachment J-2 and pricing for applicable fenders, tugs, and possible CHT and trash removal.

L-3 ADDITIONAL INFORMATION

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing within 14 calendar days from the issuance of the solicitation to allow a reply to reach all prospective offerors before the submission of their offers. 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:

Gary.trimble@eu.navy.mil Courtney.cobbs@eu.navy.mil Suzanne.shin@eu.navy.mil

(End of Summary of Changes)