Dec 2019 NAVSUP San Diego Industry Day.pptx
PPTX presentation 4 MB Posted
- Attached to
- Global Husbanding Support Services Federal contract opportunity
- Solicitation number
- N6817120R0001A
About this file
This draft request for proposal solicits global husbanding support services for the Department of the Navy Naval Supply Systems Command. Key details include that the solicitation seeks an indefinite-delivery, indefinite-quantity multiple award contract for 10 years with a total estimated value over $2 billion to provide husbanding, management, and integration services globally. Services required include waste removal, tug services, collection and transfer of sewage and oily waste, potable water, communications support, transportation, and force protection. The draft lists 30 tentative regions and ceiling values for each. The response deadline is January 15, 2020, with contract awards anticipated by May 1, 2020. Pricing will be volumetric-based and include a minimum $3,500 guarantee for the first year of each contract.
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| File | Type | Posted |
|---|---|---|
| N6817120R0001_ Draft RFP.pdf |
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Text version
Global Husbanding Services Provider (HSP) Multiple Award Contract (MAC) Industry Day – San Diego 9-10 December 2019
READY. RESOURCEFUL. RESPONSIVE.
Agenda
Introductions – ?
Welcome – CAPT Jason Klingenberg Why a Global HSP MAC – CAPT Jerry King Global HSP MAC – Mr. Gary Trimble GMAC Key Changes – Mr. Gary Trimble Port Tariffs – Mr. Gary Trimble Section L and M of the RFP – Mr. Gary Trimble Standard LOGREQs – Mr. Gary Trimble Pricing Notes/Performance Work Statement – Mr. Gary Trimble Ethics – Mr. David Koman
Introductions Presented by:
CAPT Jerry King
Fleet Logistics Center Sigonella (FLCSI) – Chief of the Contracting Office (CCO) Dec 9-10, 2019
Introductions
Mr. Byron Lecates – NAVSUP N7 CAPT Doug Mackenzie – CNE-CNA-C6F CDR Timothy Bellott – Deputy CNE-CAN-6F Mr. Scott Porter – 5th Fleet HSP Program Manager Ms. Debbie Lampe – 6th Fleet HSP Program Manager Mr. Rick Bauer – FLC Bahrain Director of Contracting CAPT Jerry King – FLCSI Director of Contracting Mr. Scott Wilkins – FLCSI Deputy Director of Contracting Ms. David Koman – FLCSI Legal Counsel Mr. Gary Trimble – FLCSI Fleet Division Director Mr. Bernard Loeffler – FLCSI Husbanding Team Lead
Welcome Presented by:
CAPT Jerry King
Fleet Logistics Center – Sigonella (FLCSI) – Chief of the Contracting Office (CCO)
Global HSP Contract Coverage – Current Contracts Total Port Visits Globally FY18 through FY19 – 1,543 INDOPACOM – 8 Regions CENTCOM – 2 Regions AMERICAS – 9 Regions EUCOM – 9 Regions AFRICOM – 2 Regions AMERICAS EAST – 5 Regions
NAVSUP Global HSP MAC – Current Coverage
| Region # of Contracts PoP Expiration | ||
| AFRICOM | 4 | Oct 2022 |
| EUCOM | 5 | Oct 2021 |
| AMERICAS | 9 | Aug 2023 |
| AMERICAS – East Coast | 3 | Jan 2023 |
| CENTCOM | 8 | Oct 2023 |
| INDOPACOM | 23 | Oct 2023 |
| Total | 52 |
Why a Global HSP MAC Presented by:
CAPT Jerry King
FLCSI – Chief of the Contracting Office (CCO)
NAVSUP Global HSP MAC - Overview
Why Global HSP MAC - It will provide NAVSUP FLCs the ability to improve Dynamic Force Employment (DFE) responsiveness and ensure NFCs receive a high level of support no matter the port of call across the globe. Additionally, a global strategy will achieve best value, balance cost and performance, increase speed of support, and support HSP program standardization efforts.
Procurement Contracting Office - FLCSI C200 has been designated as the PCO for this effort. Experienced FLCSI HSP leads awarded EUCOM, AFRICOM, and CENTCOM regional MACs.
Contract Type, Proposed Ordering Period, and Estimated Value - FFP IDIQ,10 years, $2B+ Negligible Contractor Opportunity Impact - The number of small business opportunities within the Global HSP MAC will not be impacted. A single proposal requirement will reduce KTR pre-award cost.
| Improvements | Regional HSP MACs (current) | Global HSP MAC (future) |
| Ordering Period | 5 years | 10 years |
| Procurement Contracting Offices | 3 | 1 |
| Total Amount of Contracts | 52 | 25 (est.) |
| Total Amount of ELINs | 470 | 220 (est.) |
| On Ramps (Allowing new HSPs to enter marketplace) | Not Available | Available |
| Off Ramps (Removing HSPs for not submitting proposals and/or poor past performance) | Not Available | Available |
Why a Global Multiple Award Contract (GMAC)?
Provide a One Team/One Face approach to all HSP Contractors worldwide to re-iterate the Navy’s Global HSP Standard.
Reduce the differences in contractual approaches within the various regional basic contracts.
Standardize the solicitation to remove minor differences in the Performance Work Statement (PWS), ELIN, terms and conditions, etc.
Reduce the number of proposals and potential proposal costs of HSP contracts down to one proposal versus multiple for each of the regional contracts.
Centralized Administration of the basic contract to ensure consistency across Fleets and FLCs.
Provide a basis of consistency amongst all AORs for port visit processes and contract language/structure.
NAVSUP HSP GMAC - Timeline
| Acquisition Events Start Dates (est.) | |
| Market Research | Complete |
| Industry Days (FLCY, FLCSI, FLCN) | Complete |
| NAVSUP HSP Sync in Norfolk | Complete |
| Service Acquisition Workshop (SAW) | Complete |
| Acquisition Plan Reviewed and Signed by FLCSI and OPNAV | Complete |
| Acquisition Plan Reviewed and Signed by DPAP | Complete |
| Synopsize Procurement | Complete |
| Request for Proposal (RFP) Review Period | 1 Nov – 25 Nov 19 |
| RFP Solicitation Period | 1 Dec 19 – 15 Jan 20 |
| Proposal Review Evaluation | 3-28 Feb 20 |
| Business Clearance Memo (BCM) Reviewed and Signed | Mar 20 |
| Award | 1 May 20 |
| Post-Award Conferences | May/Jun 20 |
| Contract Execution | 1 Aug 20 |
Competition – Key to success is to have competition for each port visit
Fair and Reasonable Pricing – Competition drives fair and reasonable pricing
Contract Oversight – Brings the oversight of contract process back to contract professionals
Reduction in price – Fair and Open competition drives better pricing
Standard Processes across Fleets/FLCs – Increases opportunities for Fair and Open competition
Goals/Success of the GMAC
Husbanding Service Provider (HSP) Support In FY2019, the HSP Program supported 1951 visits, obligating $139.7 million in service contracts.
Number of Port Visits by Region
2ndFleet 3rd Fleet 4th Fleet 5th Fleet 6th Fleet 7th Fleet
2nd Fleet Port Visits From FY2012 – FY2019
648 Total Port Visits to 65 Ports
FY19
127 visits to 35 ports
3rd Fleet Port Visits From FY2012 – FY2019
270 Total Port Visits To 36 Ports
FY19
62 visits to 26 ports
4th Fleet Port Visits
671 Total to 59 Ports
FY19
95 visits to 30 ports
5th Fleet Port Visits
4768 Total
To 28 Ports
FY19
526 visits to 22 ports
6th Fleet Port Visits
3309 Total
To 180 Ports
FY19
583 visits to 110 ports
7th Fleet Port Visits
3362 Total
To 144 Ports
FY19
558 visits to 75 ports
Global HSP MAC Presented by:
Gary Trimble
FLCSI – Fleet Division Director
The purpose of today’s industry day is to provide all interested vendors information on the contents of the draft RFP for HSP services and to start the conversation for any questions that may arise with the published RFP.
The information presented during this industry day is considered “draft” – meaning, the approach, ELIN structure, PWS, etc., are not considered final and therefore subject to change as we work through to the official solicitation release and eventual closing date. If there are any discrepancies between this brief and the released RFP, the information in the released RFP will take precedence.
During this meeting, we encourage all vendors to provide as much feedback as possible (open session and/or one-on-one sessions) on any ideas that we present and on any current issues within the functioning HSP contracts that should be addressed in this new contract process.
Individual Meetings will also be used as an opportunity for the Navy to solicit input and feedback from the HSP regarding specific issues that we see as needing reforming moving forward.
Purpose of the Industry Day
Similarities with the Current and Global MAC Competition:
Competition is still key to the MAC process and we will continue to find ways to enhance competition as much as possible.
RTOP Process:
RTOP process will remain largely the same with a look at ensuring standardized processes across all FLCs. The Navy is looking at implementing an approach to help with quick turnaround requirements.
Payment Process:
Payments will continue to be made through WAWF/IRAPT.
Differences with the Current and Global MAC Number of Contracts:
An HSP will be awarded 1 contract instead of up to 6 contracts under the current regional MACs.
The 1 contract award will include all regions of the world for which a contractor bid and was awarded.
Basic Contract Administration:
One FLC will be responsible for administration of the basic contract which will reduce the need to perform multiple duplicate modifications. It will also allow one organization to be responsible for CPARs evaluations.
Ordering:
Each FLC will have ordering authority for port visits occurring in their AOR.
Volumetric Pricing:
The pricing model has been changed to better reflect actual offload amounts.
Ceiling Prices:
The solicitation does not include ceiling prices at the basic contract level.
Published Prices:
The Navy has incorporated a published pricing clause in section H to help establish pricing at the task order level for a specific class of ship in a certain location.
Rolling Admissions:
This will allow the Government to add and remove vendors throughout the anticipated 10 year period to ensure consistent competition. The process is identified as part of the solicitation.
Daily Rate:
The unit of issue for several services – Forklift, Manlift, Cranes – has been changed from “hourly” to “day”.
Tug Services:
The Navy has changed the unit of issue for Tugs as a “job” instead of hourly as is the case in most of the current regional contracts.
ELINS:
Reduced the number of ELINS from 470 to about 220.
Regions:
The regions included in the PWS are similar in structure with the current MAC contracts with some slight variations.
Global MAC Tentative Regions
| Region # | General Region | Locations |
| 1 | Western US | California, Oregon, Alaska, Washington, Hawaii |
| 2 | Western United States Territories | Guam (United States); Marianas Islands, North (United States); Samoa (United States) |
| 3 | Eastern United States and United States Territories | Main, New Hampshire, Massachusetts, Rhode Island, Connecticut, New Jersey, Delaware, Maryland, Michigan, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia (United States), Texas, Louisiana, Mississippi, Alabama, Florida, Wisconsin |
| 4 | Eastern United States Territories | Puerto Rico (United States); Virgin Islands (United States) |
| 5 | North America (Non-US) | Mexica, Canada, Greenland |
| 6 | Caribbean and Bermuda | Aruba, Bahamas, Barbados, Bermuda, Cayman Islands, Cuba, Dominican Republic, Grenada, Guadeloupe (France), Haiti, Jamaica, Martinique, Netherlands Antilles, Saint Lucia, St. Maarten, Saint Vincent and the Grenadines, Trinidad and Tobago |
| 7 | Central America | Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua |
| 8 | Panama | Panama |
| 9 | South America | Argentina, Brazil, Chile, Colombia, Curacao (Netherland Antilles), Ecuador, French Guinea, Guyana, Peru, Suriname, Uruguay, Venezuela |
| Region # | General Region | Locations |
| 10 | Middle East | Iraq, Egypt (Red Sea), Israel (Red Sea) Jordan, Kuwait, Lebanon, Qatar, Saudi Arabia, Syria, Yemen, Afghanistan, Iran, Pakistan, |
| 11 | Oman | Oman |
| 12 | Bahrain | Bahrain |
| 13 | United Arab Emirates | United Arab Emirates |
| 14 | Djibouti | Djibouti |
| 15 | Africa | Algeria, Libya, Morocco, Tunisia, Western Sahara, Comoros, Eritrea, Ethiopia, Kenya, Madagascar, Malawi, Mauritius, Mayotte, Mozambique, Reunion, Seychelles, Somalia, Sudan, United Republic of Tanzania, Angola, Cameroon, Congo, Democratic Republic of Congo, Equatorial Guinea, Gabon, Sao Tome and Principe, Southern Africa, Namibia, South Africa, Swaziland, Benin, Cape Verde Islands, Cote d’Ivoire, Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Mauritania, Nigeria, Senegal, Sierra Leone, Togo |
| 16 | Greece | Greece |
| 17 | Northern Atlantic | Denmark, Estonia, Finland, Iceland, Latvia, Lithuania, Norway, Poland, Russia (Other than Black Sea Ports), Sweden |
| 18 | Western Europe | Portugal (includes Azores and Madeira), Spain, France (South France Ports), Gibraltar, Principality of Monaco, Malta, Slovenia, Croatia, Bosnia and Herzegovina, Montenegro, Albania |
| 19 | Eastern Europe/Black Sea | Turkey (Black Sea Ports), Turkey (Mediterranean Ports), Bulgaria, Romania, Georgia, Russia (Black Sea Ports), Ukraine, Cyprus, Jerusalem (Mediterranean Ports) |
| Region # | General Region | Locations |
| 20 | Italy | Italy |
| 21 | United Kingdom/Wester Europe (North Sea) | Belgium, France (Other than South France ports), Germany, Republic of Ireland, The Netherlands, Scotland, United Kingdom |
| 22 | China and Russia | China, Taiwan, Russia (Eastern Coast) |
| 23 | Japan | Japan |
| 24 | South Korea | South Korea |
| 25 | Singapore | Singapore |
| 26 | Indian Ocean | Bangladesh, Bhutan, India, Maldives, Myanmar (Burma), Sri Lanka |
| 27 | Oceania | Antarctica, Timor, East; Australia, New Zealand |
| 28 | Southeastern Asia 1 | Palau, Fiji, French Polynesia, Kiribati, Marshall Islands, Micronesia, Nauru, New Caledonia (France), Papua New Guinea, Solomon Islands, Tonga, Tuvalu, Vanuatu, Western Samoa |
| 29 | Philippines | Philippines |
| 30 | Southeastern Asia 2 | Brunei, Cambodia, Indonesia, Laos People’s Democratic Republic, Malaysia, Thailand, Vietnam |
Global MAC Ceiling Values
| Region # | 10 Year Ceiling | Region # | 10 Year Ceiling |
| 1 | $84,000,000.00 | 16 | $61,000,000.00 |
| 2 | $17,000,000.00 | 17 | $55,000,000.00 |
| 3 | $119,000,000.00 | 18 | $43,000,000.00 |
| 4 | $11,000,000.00 | 19 | $28,000,000.00 |
| 5 | $44,000,000.00 | 20 | $68,000,000.00 |
| 6 | $9,000,000.00 | 21 | $60,000,000.00 |
| 7 | $6,000,000.00 | 22 | $30,000,000.00 |
| 8 | $38,000,000.00 | 23 | $98,000,000.00 |
| 9 | $133,000,000.00 | 24 | $82,000,000.00 |
| 10 | $61,000,000.00 | 25 | $105,000,000.00 |
| 11 | $72,000,000.00 | 26 | $32,000,000.00 |
| 12 | $298,000,000.00 | 27 | $60,000,000.00 |
| 13 | $137,000,000.00 | 28 | $26,000,000.00 |
| 14 | $21,000,000.00 | 29 | $196,000,000.00 |
| 15 | $21,000,000.00 | 30 | $107,000,000.00 |
Questions/Comments/Feedback
Questions/Comments
GMAC KEY CHANGES
Presented by:
Gary Trimble
Volumetric Pricing New Volumetric pricing removes the P1, P2 process. New pricing methodology consists of the following:
Price 1 – Volumetric Management Fee (VMF) – The fixed daily price associated with volumetric offload in accordance with the performance work statement Price 2 – Volumetric Unit Price (VUP) – the unit price to be paid per actual amount.
Payment – Contractor will be paid the daily VMF x the number of days of service, plus the proposed VUP x the actual quantity offloaded.
Volumetric Pricing
Ordering Procedures H2 – Ordering Ordering will be done in accordance with FAR 16.505.
Each Fleet Logistic Center (FLC) will issue Request for Task Order Proposals (RTOP) for each port visit in their respective Area of Responsibility (AOR).
RTOP will include the ELINS and Services being ordered for a particular port visit.
RTOPs will be generally sent via email to all HSP’s in the region in which the port visit will occur.
HSPs are to respond to the RTOP with the required information as delineated in the RTOP including Fixed Pricing for the required services inline with the pricing information found in section B of the contract.
FLCs will include the evaluation process of awarding the task order in the RTOP information. Price will generally be the deciding factor, but FLC’s may use other evaluation criteria.
Available Price List As pricing will not be included at the basic contract level, FLC’s will have the opportunity to request available price lists from contractors as part of the ordering process.
The FLC may request the HSP to provide priced ELINs for services for particular ship types, classes, mooring types and locations.
FLC’s will include the length of time in which the pricing should be considered valid The Ordering Office may use the HSP available pricing for price evaluation for contemplated task orders, direct awards, and sole source actions in accordance with FAR 16.505 and not exceeding the Simplified Acquisition Threshold (SAP).
The FLC will notify the HSPs at the time of the request for the available pricing whether an ELIN spreadsheet will be used or some other application.
FLCs using the available pricing intend to award task orders based on published pricing received therefore vendors who do not submit the available pricing may not be considered for award.
On-Ramping/Off Ramping
BACKGROUND
Port Tariffs – Current Process Presented by:
Mr. Gary Trimble
FLCSI – Husbanding Team Lead
Port Tariffs - Definition Port Tariff
“Port Due, Port Tariff, or similar charges” are any charges that are not included in the Exhibit Line Item (ELIN) list of services requested in the Request for Task Order Proposal (RTOP) and which the contractor, Husbanding Service Provider (HSP), believes it must pay to perform the port visit. The charges are normally asserted by a port authority or similar office or organization and are normally documented in a port tariff guide or schedule. Some services that are included in the ELIN list of services requested in the RTOP may be provided at a particular port by the port authority or by a port authority-designated provider. An example might be forklift services. Since these services are already included on the RTOP’s ELINs, they are not included as part of “Port Due, Port Tariff, or similar charges.”.
Port Tariffs - Process RTOP Process
FLC will include ELIN **65 Port Dues, into each RTOP where there is a reasonable expectation of port dues.
RTOP will require HSPs to provide a separate spreadsheet titled “Exhibit B – Port Due, Port Tariff or similar item” itemizing each individual charge it intends to pay to perform the port visit but which does not correspond to supplies or services on other ELINS in the RTOP.
Once complete, the HSP will enter the price information from exhibit B into ELIN**65 HSP shall provide statement as to whether a publically available international agreement exempts U.S. Navy ships from the “Port Due, Port Tariff, or similar charges.
Exhibit B Information
HSP must provide the following information with its proposal for each “Port Due, Port Tariff, or similar charges” included on Exhibit B:
A name or title for the charge – e.g. wharfage fee A description of the charge – e.g. port imposed charge for the use of the pier.
Total Qty, Unit of Issue, Unit Price, and Total Price Supporting Documentation requirement payment of the “Port Due, Port Tariff or similar charges” – e.g. Port Tariff Guide or other Port Authority documentation.
Supporting Documentation is expected to normally include information about the price for the Port Tariff, Port Due or similar items.
Port Tariffs - Process Other Information:
The HSP will provide an assertion as to whether the port is operated as a private or commercial port or whether it is operated as a government port or government-controlled port. The HSP will provide an explanation for the following assertions:
If the HSP asserts that the port is operated as a private or commercial port, the HSP will address whether the applicability of the “Port Due, Port Tariff, or similar charges” and their prices are wholly determined by the private or commercial port or are required by a governmental entity or regulation and whether the proceeds of the “Port Due, Port Tariff, or similar charges” are wholly retained by the private or commercial port or are forwarded in whole or in part to a governmental entity; or
If the HSP asserts the port is operated as a government port or government-controlled port and the HSP includes infrastructure support or port access type charges as part of its list of “Port Due, Port Tariff, or similar charges,” the HSP will explain whether payment of the infrastructure support charges is required by all ships visiting the port. Examples of infrastructure support and port access type charges include wharfage fees, anchorage fees, navigation aids fees, and general port dues.
Port Tariffs - Process
Other Information:
Proposals that do not include the specified supporting documentation for each item on Exhibit B, “Port Due, Port Tariff, or similar charges”, will not be considered for award unless the Contracting Officer conducts discussions and receives required supporting documentation.
The HSP shall provide the overall cost of Exhibit B, “Port Due, Port Tariff, or similar charges”, on the RTOP Exhibit, ELIN **65 “Port Dues (Port Due, Port Tariff, or similar charges)”, which will be included in the total cost for price evaluation.
Port Due, Port Tariff, or similar charges shall be Firm-Fixed-Price.
Port Tariffs - Process
Other Information:
The resultant task order award incorporating the Firm-Fixed-Price ELIN **65 “Port Dues (Port Due, Port Tariff, or similar charges)” shall not be adjusted upward as a result of the HSP’s cost experience during performance except under limited instance of an “after imposed tax” pursuant to FAR 52.229-6. The Firm Fixed Price may be adjusted downward in accordance with FAR 52.229-6; or, in those situations where the port due/fee is not a tax, when the HSP does not pay or receives a refund for a due/fee identified in its proposal.
Section L and M Presented by:
Gary Trimble
Section L Proposal Submission Requirements –
Signed standard form 33 – with all applicable signatures and acknowledgment of amendments (See RFP).
Completed Reps and Certifications in section K.
A cover letter, not to exceed 1 page, clearly identifying the HSP Global Regions in which they would like to be considered for award.
Subcontractor Information – first tier subcontractors for the locations within the HSP Global Region; include Name, Physical Address, Website Address, Phone Number, Point of Contact, Certified statement from the company that is authorized to work in the specific location.
Small Business Subcontracting Plan – only for regions 1 through 4.
Joint Contingency Contracting System (JCCS) – Applies to regions 10, 11, 12 and 13 – a contractor must be verified in this system prior to award.
Section M Qualifying Offeror–
Determined to be a responsible source in accordance with FAR 9.104-1
Submits proposal that conforms to the solicitation requirements of the solicitation
Contracting Officer has no reason to believe that the offeror is likely to offer other than fair and reasonable pricing.
Responsibility Determination General Responsibility Standards of FAR 9.104-1:
Have adequate financial resources to perform the contract, or ability to obtain them.
Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments
Have a satisfactory performance record. A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in FAR 9.104-2
Have a satisfactory record of integrity and business ethics;
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)
Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and
Be otherwise qualified and eligible to receive an award under applicable laws and regulations
Responsibility Determination The Contracting Officer may make a responsibility determination with or without requesting any additional information from an offeror to substantiate that it satisfies the general responsibility standards. For example, an offeror that the Contracting Officer is less familiar with may be required to provide information not required from another offeror. The Contracting Officer may consider an offeror’s inability to promptly respond to a request for information as an indication the offeror is non-responsive.
When the Contracting Officer requests responsibility information, the offeror’s response, and all related communications between the Government and offeror are solely for the purpose of determining whether the offeror is responsible. These communications will not constitute discussions within the meaning of FAR 15.306 since the offeror will not be given an opportunity to revise its proposal.
Responsibility Determination The following are examples of information that may be required:
Information demonstrating that a proposed subcontractor satisfies FAR 9.104-1 general standards of responsibility.
A demonstration the offeror can comply with the required performance schedule, including a transition plan.
A demonstration 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.
The offeror’s quality assurance procedures.
The equipment and facilities the contractor will use.
Certificate of registration of the company.
A demonstration the offeror has all registrations, permits and licenses required to perform the contract in the locations for which the offeror is proposing.
In the event the offeror is a joint venture, a Memorandum of Association which indicates who has the authority to bind the company.
Demonstration the offeror has a computer system conforming to the requirements provided under Cyber Security Requirements for Husbanding Services Providers outlined within this RFP.
Responsibility Determination Nothing in this provision limits the Contracting Officer’s discretion to rely on information available from other sources (e.g., past performance data bases, discussions with other entities familiar with the offeror) or to use any other technique described FAR 9.1 when determining whether the offeror satisfies the FAR 9.104-1 general responsibility standards.
Ethics Presented by:
Mr. David Koman
FLCSI at Naples, Italy – Assistant Counsel
1. Several specific ethics provisions
2. Additional general language in Solicitation/PWS
3. KO has a broad reporting requirement
4. Government employees Ethics
The clauses discussed are included in the solicitation. The clauses discussed are normally incorporated into the solicitation by reference but are worth reviewing in full text as part of proposal preparation because they have specific requirements. The clauses slightly change from time to time. Some areas may have additional requirements (e.g. Anti-Mafia law provisions).
In addition to contractor responsibilities, we’ll also talk about some of the contracting officer’s responsibilities.
Gratuities, FAR 52.203-3 Right of the contractor to proceed may be terminated if the contractor offered or gave a gratuity, e.g., an entertainment or gift, to government employee for the purpose of obtaining favorable treatment under a contract.
The Government may recover exemplary damages of from 3 to 10 times the cost incurred by the contractor in giving the gratuity.
Ethics - Gratuities
Ready. Resourceful. Responsive!
These first two clauses deal with essentially bribes! First, basically, the government can terminate and seek damages if a contractor offers/gives a bribe.
Anti-kickback, FAR 52.203-7:
Statute prohibits providing, attempting to provide, or offering to provide any kickback; soliciting, accepting, or attempting to accept any kickback, or including any kickback amount in a contract price (prime or subcontract).
Contractor required to “have in place and follow reasonable procedures” to prevent and detect possible violations.
Contractor required to promptly report any violations when it has reasonable grounds to believe a violation may have occurred.
Ethics – Anti-kickback
This second clause relates to kickbacks and 1) Requires the contractor to have reasonable procedures to prevent and detect possible violations; and 2) Report violations.
The contractor shall cooperate fully with any Federal agency investigating a possible violation.
The KO may offset the amount of any kickback against any funds owed by the US under the prime contract.
The contractor must incorporate the substance of the clause in all subcontracts exceeding $150K.
Ethics – Anti-kickback (Cont.)
Contractor is required to: 1) Cooperate with Federal Investigations; and 2) Incorporate this clause into all of your subcontracts.
Code of Business Ethics and Conduct, FAR 52.203-13:
Within 30 days after contract award, the contractor shall have a written code of business ethics and conduct Make a copy of the code available to each employee engaged in performance of the contract The contractor shall promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law
Ethics – Code of Business Ethics and Conduct
A written code of business ethics and conduct for each employee performing the contract.
The contractor shall disclose to Inspector General and KO whenever it has credible evidence that a principal, employee, agent, or subcontractor has committed a violation of Federal criminal law involving Fraud, conflict of interest, bribery, or gratuity violation The contractor shall establish a business ethics awareness and compliance program Must include training and an internal control system
Ethics – Code of Business Conduct and Ethics (Cont.)
Contractor must: 1) Report any violation with credible evidence; 2) Establish business ethics awareness and compliance program – needs to include training and internal control system (similar to reasonable procedures to detect violations under kickbacks)
Prohibition on persons convicted of fraud, DFARS 252.203-7001 Any person convicted of fraud or other felony arising out of a contract with the DoD may not serve in a management or supervisory capacity, may not serve on the contractor’s board of directors, and may not act as a consultant, agent, or representative of the contractor for five years from conviction Penalties for knowingly employing such a person
Ethics – Employing those convicted of fraud
This clause provides limitations of persons convicted of fraud for 5yrs from conviction.
Combating trafficking in persons, FAR 52.222-50 Broad coverage. Includes contractors, contractor employees, and their agents. Several restrictions:
Shall not procure commercial sex acts during the period of performance of the contract Shall not use forced labor in performing the contract Shall not charge employees recruitment fees Contractor required to notify its employees of the policies, take appropriate actions against employees, agents, or subcontractors who violate the restrictions
Ethics – Combating trafficking in persons
Trafficking in persons also has a requirement to notify employees of the policies to combat sex trafficking and take appropriate actions for violators. As stated early some clauses change slightly over time. The current version of FAR 52.222-50 Combating Trafficking in Persons is dated Jan 2019.
Affirmative duty to disclose nature and extent of any offence to Inspector General and cooperate fully in investigations of violations Maintain a compliance plan when services with an estimated value exceeding $500K are to be performed outside of the U.S.
The plan must be appropriate to the size and complexity of the contract
Ethics – Combating trafficking in persons (Cont.)
Disclose to Government Inspector General and cooperate with investigations.
General provision to “comply with any applicable laws, codes and regulations, in connection with the performance of all work under this contract.” PWS, Section B, Quality Brings in the ethics-related laws and regulations of the country in which a port visit is being performed Those laws vary substantially but may prohibit bribery to a public official, bribery of a private citizen, or fraud or misrepresentation during business dealings
Ethics – Other compliances
DFARS 209.406-3 requires the KO to refer matters providing a basis for suspension to the agency’s debarring and suspension official Includes commission of any offense “indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a Government contractor” Debarring and suspension official will consider the facts and decide whether suspension or debarment is warranted
Ethics – Present responsibility
Referral to NCIS and/or Navy’s Acquisition Integrity Office (AIO)
Ethics restrictions for Government employees Focus is on contractor requirements, not Government employee restrictions Be aware, however, that Government employees are restricted from seeking or accepting any gratuities (i.e. gifts) from a “prohibited source” “Prohibited source” includes prime contractor and any of its subcontractors The restriction applies to all Government employees, regardless of whether they are involved with the contracting process Ethics – Government Employees
While the focus of this presentation has been on your company’s requirements as a Government contractor: BE AWARE: 1) All Government employees (civilian and military) cannot seek or accept gifts so if an employee says no thank you to a gift, even if it is something small, remember this rule as even the appearance is important. What is a gratuity? Next Slide
Very limited set of exceptions applies but the basic rule is Government employees may not seek or accept gratuities from a contractor Gratuity (with limited set of exceptions) is “anything of monetary value.” Includes meals, lodging, travel expenses, and entertainment Don’t offer a gratuity to a Government employee May be perceived as attempt at bribery If a gratuity is accepted, Government employee may end up in trouble and contractor may be investigated Ethics – Government Employees (Cont.)
Government employees have internal reporting requirements before seeking employment with a contractor If interested in talking with a Government employee about employment, ask the Government employee if he/she has provided the required notices Ethics – Government Employees (Cont.)
Compliance with ethics requirements has high visibility Allegations of wrongdoing are reviewed and investigated Understand the rules, make sure your employees and subcontractors understand the rules, and insist on full compliance
Ethics - Summary
TBD
Presented by:
Gary Trimble
Pricing Notes Pricing Assumptions –
Volumetric based service shall be a dedicated service. The term “dedicated service” means a service provided exclusively to 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 Government’s ship or otherwise ensure that the ship is charged only for its “pro rata” share of the service.
Section C of the contract establishes the performance standard for each service that the HSP is required to perform to. 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, e.g. 3.1.2 of section C states, "The HSP shall coordinate with the ship on schedule and frequency for collection, offload, removal and disposal of CHT.
Pricing Notes Pricing Assumptions –
The HSP shall determine method for the collection, offload, removal, and disposal of CHT. The HSP’s removal schedule shall additionally provide continuous sewage removal frequency and capacity so that the ship’s onboard CHT collection system need not be secured, constrained, or shut down due to lack of available on-ship CHT tank capacity.” As such, the estimates provided in the RTOP represent the Governments estimates for the respective volumetric services needed to satisfy the performance standard.
Contract Maximum: Each offeror’s contract maximum shall be calculated by adding the region maximums identified for each of the regions covered by that offeror’s contract.
For example, an offeror that is selected for performance in Region 1 and Region 2 would have a total contract maximum that equals the sum of those two (2) regions’ maximums. The not-to-exceed amount for each region cannot be transferred between regions.
Pricing Notes Pricing Assumptions –
Minimum guarantee: All contractors shall be awarded CLIN 0002 – Minimum Guarantee. The minimum guarantee under this contract is $3,500 per award and is applicable to the first year of performance only. All contractors receiving award shall have $3,500 obligated on their base contract to cover the Minimum Guarantee. If the contractor receives a Task Order within the first year of performance, a unilateral modification shall be issued to deobligate the minimum guarantee from the base contract. If the contractor does not receive a Task Order 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 not receive a guarantee minimum.
Performance Work Statement (PWS) Contractual Scope –
The services to be provided through performance consist husbanding, management, and integration services consist of the following broad categories: general charter and hire, utilities, force protection, communications, and land transportation services. The contractor, Husbanding Service Provider (HSP), shall provide husbanding, management, and integration services which include, but are not limited to, management services, trash removal, breasting barges, brows, collection/holding/transfer (CHT) sewage removal and disposal, telephone services (landline and cellular), fenders, force protection, material handling, interpreters, oil booms, oil waste disposal, fresh potable water, shore power, transportation, tugs, water taxis, pilot services, line handler services, crane services, vehicle rental (sedans and buses), paint float rental, forklift services, and communications. Although major effort of this contract is maritime husbanding services at commercial and military ports.
Performance Work Statement (PWS) Contractual Scope –
U.S. Navy (USN), U.S. Air Force (USAF), U.S. Army (USA), U.S Coast Guard (USCG), any other activity of the U.S. Department of Defense (DoD) (i.e. U.S. Army, NATO ships, or other foreign ships participating in U.S. Military or NATO exercises), and any other Federal Agency shall require specific authorization from the Contracting Officer (KO) to use this contract. If these activities are authorized, orders will be placed by Authorized Ordering Officers.
Performance Work Statement (PWS) Charter and Hire Services –
SHIP HUSBANDING SERVICES
HSP shall provide husbanding services to ships visiting the ports covered by this contract. Ship Husbanding Services (Management/Integration Services) requires HSP to integrate, manage, and perform all services and provide all supplies necessary to fully comply with the tasks and responsibilities described in this contract unless a task or responsibility is specifically included in a separately-priced ELIN herein. HSP’s responsibilities under the Ship Husbanding Services (Management/Integration Services) ELIN start prior to the arrival of the ship and continue after the ship’s departure.
The Ship Husbanding Services (Management/Integration Services) is based on the First Day and Subsequent Day(s) of the ship visit. Ship Husbanding Services (Management/Integration Services) for all ship classes (i.e. Classes IA through V) shall be based on Ship Class specified in the Request for Task Order Proposals. Government reserves the right to include additional ship classes as necessary depending on production, ship reclassifications, and crew restructuring.
Performance Work Statement (PWS) Charter and Hire Services –
ENVIRONMENTAL REQUIREMENTS
HSP shall exercise due diligence to prevent, contain, and respond to spills of hazardous material, hazardous substances, hazardous waste, sewage, regulated gas, petroleum, lubrication oil, and other substances regulated by environmental law. HSP shall maintain spill cleanup equipment and materials at the work site. In the event of a spill, HSP shall take prompt, effective action to stop, contain, curtail, or otherwise limit the amount, duration, and severity of the spill/release, and shall contain and clean up these spills without cost to Government.
In the event of any releases of oil, hazardous substances, Bilge water, CHT, chemicals, or gases due to HSP activity; immediately (within 15 minutes) notify the COR. HSP is responsible for verbal and written notifications as required by Navy Instructions. Spill response shall be in accordance with local regulations.
Performance Work Statement (PWS) Charter and Hire Services –
INITIAL BOARDING.
HSP that has been awarded the task order shall board each ship or meet ship’s designated representative within two (2) hours after the ship's arrival and/or make contact two days before an ADVANCE LOGISTICS RESPONSE TEAM (ALRT) arrives in the port. All HSP personnel who deal directly with the ship must speak and understand conversational English and be able to discuss technical aspects of shipboard requirements and services available in the port. All correspondence shall be in English.
ARRIVAL & PORT VISIT.
HSP shall brief the ship’s SUPPO about ordered services upon arrival. This briefing shall include what was ordered and scheduled times and dates for delivery. The HSP shall coordinate with the ship’s SUPPO on the schedule of any loading or offloading of volumetric items.
Performance Work Statement (PWS) Charter and Hire Services –
HSP shall ensure the Government is able to inspect all services (land based and afloat) during the port visit.
HSP shall visit the ship at least once a day and shall be available on call at all times (24 hours per day, seven days per week) to assist the ship with requirements and to resolve problems within the context of this PWS. HSP shall have one (1) representative present throughout the port visit that authorized to execute change orders and new orders with subcontractors. The HSP’s representative shall have the authority to act on the behalf of the HSP.
Performance Work Statement (PWS) Charter and Hire Services –
RECEIPT DOCUMENTATION
HSP shall provide standard receipt documents for all supplies, materials and services provided to the ship. The standard receipt shall include the following:
HSP official company name, address, email and phone contact information; Ship’s name; Port visiting; Subcontractor/vendor (providing the service) official name and contact information; Type of service, material, or equipment provided; Quantity provided; Method of delivery of service, material, or equipment provided; Volume metrics, meter reading, or other form of measurement; Date service provided; Applicable “legible” Receipt Inspector and HSP POC names and signatures
Performance Work Statement (PWS) Charter and Hire Services –
RECEIPT DOCUMENTATION
Any services requiring volume metrics, meter readings, or other forms of measurement shall be documented on the receipt in a way that clearly documents the verifiable/calculative proof of actual quantities of services rendered by HSP or HSP’s subcontractor, or authorized vendors.
HSP shall meet with the ship’s designated receipt inspectors and COR daily to verify, reconcile, and validate services rendered. Upon validation of services rendered, the ship’s designated Receipt Inspector shall circle quantities received, date, and sign the receipt document. HSP shall sign the receipt document validating that the services were delivered. Neither the ship Receipt Inspector nor HSP shall collect and hold receipts to validate all at once at the end of the port visit. Receipt of services, material, and equipment must be validated and signed for each day they are received, on the day received. This certification of receipts does not replace or supersede the contract process of accepting HSP invoices as detailed in contract section G-2 Invoicing Instructions.
Performance Work Statement (PWS) Charter and Hire Services –
HSP’S RESPONSBILITIES FOR PRE-DEPARTURE & DEPARTURE
HSP shall schedule and make a visit to the ship on the conclusion of all services, prior to the ship’s departure. Written receipt for inspection of all completed services shall be obtained during this visit. HSP shall relay at that time any late information on pilot and tug schedule changes, and any additional information applicable to the ship and its departure. HSP shall make available an authorized POC to jointly read the flow meters for CHT; to concur on the total Cubic Meters of trash removed; to validate the volume of oily waste and greywater removed; the meter reading for potable water provided; and any other service where the final price may be dependent on the volume or exact quantity of services provided to ensure common understanding of the exact amount for invoicing/inspection/acceptance/payment purposes. The invoicing instructions are contained in section G-2 Invoicing Instructions of the contract.
Performance Work Statement (PWS) Charter and Hire Services –
INDIVIDUAL SERVICES:
Unit price 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, transportation, set-up, pre-positioning, staging, charter, vetting of operations, detention or demurrage, fuel and operating expenses, dismantling and labor, repositioning, all applicable taxes and surcharges. Unit price shall be inclusive of performance at night, overtime, Friday, 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.
Performance Work Statement (PWS) Charter and Hire Services –
Other Services of Interest:
TUG SERVICES (ELIN XX04)
Arrival Tug Services shall be one (1) JOB.
Departure Tug Services shall be one (1) JOB.
TRASH REMOVAL (ELIN XX08)
Trash removal service is the collection and disposal of refuse (i.e. trash) including liquid, semi-liquid, or solid garbage. Trash consists mainly of trash from food service operations such as food waste, paper and plastic packaging, and domestic wastes generated in the accommodation spaces as a result of the ordinary day-by-day activities onboard the ship. Trash Removal services shall include the removal of plastic pucks, tri-walls, card board, pallets and other trash items. Trash does not include hazardous material, bilge water, and greywater, explosives and incendiary waste, or waste contaminated by medical and radiological processes.
Performance Work Statement (PWS) Charter and Hire Services –
Other Services of Interest:
TRASH REMOVAL (ELIN XX08)
HSP shall remove and dispose of refuse from the ship and areas surrounding trash bins, as well as any spilled refuse. HSP shall coordinate with the ship to determine the schedule, frequency and method for the removal and disposal of trash, taking into consideration the ship’s ability to hold trash aboard, in order to provide continuous trash removal frequency and capacity so that the ship’s operations are not negatively impacted.
HSP shall submit, as an attachment to the invoices, a document that certifies the quantity collected and the name of the disposal plant where the trash shall be disposed. HSP is also responsible to follow any environmental regulations required by each country. HSP is required to retain all disposal certificates for each order and shall provide a copy to the KO or Authorized Ordering Officer and all identified COR upon request.
Performance Work Statement (PWS) Charter and Hire Services –
Other Services of Interest:
TRASH REMOVAL (ELIN XX08)
Where trash is required to be segregated, HSP shall be responsible to segregate the material at the time of receipt from the ship.
HSP shall submit, as an attachment to the invoices, a document that certifies the quantity collected and the name of the disposal plant where the trash shall be disposed. HSP is also responsible to follow any environmental regulations required by each country. HSP is required to retain all disposal certificates for each order and shall provide a copy to the Contracting Officer/Ordering Officer and all identified Contracting Officer’s Representatives (CORs) upon request
Performance Work Statement (PWS) Charter and Hire Services –
Other Services of Interest:
MOBILE CRANE SERVICES (ELIN XX43-XX49)
ELIN XX43-XX49 Mobile Crane Services Unit of Issue is WORK DAY (WD)TRASH REMOVAL (ELIN XX08)
FORKLIFT SERVICES (ELIN XX55 – XX57)
ELIN XX55 – XX57 Forklift Services Unit of Issue is WORK DAY
MANLIFT SERVICES WITHOUT OPERATOR (ELIN XX58 – XX61)
ELIN XX58-XX61 Manlift Services without Operator Unit of Issue is WORK DAY (WD)
Performance Work Statement (PWS) Utilities Services –
Volumetrics:
COLLECTION, HOLDING, AND TRANSFER (CHT) (ELIN XX95)
ELIN XX95 CHT Unit of Issue is CUBIC METER (CZ)
OILY WASTE REMOVAL (ELIN XX96)
ELIN XX96 Oily Waste Removal Unit of Issue is CUBIC METER (CZ).
POTABLE WATER (ELIN XX97)
ELIN XX97 Potable Water Unit of Issue is METRIC TON (MT)ELIN
Performance Work Statement (PWS) Utilities Services –
CHT:
HSP is responsible for the entire cycle necessary to collect, remove, and dispose of Collection, Holding, Transfer (CHT) bacteriological/chemical liquids (“waste” or “sewage”) - from ships throughout the area covered by this contract. HSP shall provide all necessary equipment, personnel and facilities to perform the services including pumps, hoses, and connections compatible with the ships being serviced. HSP shall be responsible for the supervision of the collection, holding, transportation and disposal services to avoid any overflow of CHT - on the barge, the ship, the sea surrounding the ship, or the pier. HSP shall pre-position CHT - barges, when necessary, in accordance with force protection or other requirements. The daily rate shall include all costs for repositioning, mobilization, demobilization, stand-by fee, installation and de-installation. Greywater and CHT may be used synonymously.
Performance Work Statement (PWS) Utilities Services –
HSP shall remove CHT from the ship, whether at anchor or pier side, commencing within one (1) hour of the ship's arrival and through the ship's departure. The HSP shall coordinate with the ship on schedule for collection, offload, removal and disposal of CHT. The HSP shall determine method for the collection, offload, removal, and disposal of CHT. The HSP’s removal schedule shall additionally provide continuous sewage removal frequency and capacity so that the ship’s onboard CHT collection system need not be secured, constrained, or shut down due to lack of available on-ship CHT tank capacity.
Performance Work Statement (PWS) Utilities Services –
CHT:
HSP shall provide an offload schedule to the ship’s SUPPO during the meeting right after the ship’s arrival.
HSP…
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