Amendment_0001_Solicitation_N6883618R0003.pdf

N6051418NSGBPORTOPS

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 deadline of 19 January 2018 for submission of questions has expired. The Government in its sole discretion may choose not to respond to questions received after the deadline.

The purpose of this Amendment is to:

1. Provide Government responses to solicitation questions received before the submission deadline.

2. Provide changes that w ill be included in the contract aw ard.

1. CONTRACT ID CODE PAGE OF PAGES

1 8

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

16C. DATE SIGNED

BY 24-Jan-2018

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 N6883618R0003

X 9B. DATED (SEE ITEM 11)

10-Jan-2018

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 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

24-Jan-2018

CODE

NAVSUP FLC JACKSONVILLE

CONTRACTS DIVISION

ELAINE FLORENCE

BLDG 110 3RD FLOOR NAS

JACKSONVILLE FL 32212-0097

N68836 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N6883618R0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

CONTRACT AWARD CHANGES

The following changes will be incorporated in the contract award Performance Work Statement (PWS):

1. PWS C 6.2.4 (5) has been changed to:

Within the geographical region of the Caribbean, the Contractor shall provide assistance with vessel(s) which are ordered to any berth, dock, anchorage, wharf, open roadstead, submarine line, or alongside any vessel, barge, lighter, submarine, craft, hull, derrick, or object of whatsoever nature that the Government may direct, provided the vessel can lie always safely afloat except in harbors or waters where groundings are custom of the port. The Caribbean is a region that consists of the Caribbean Sea, its islands and the surrounding coasts. The region is southeast of the Gulf of Mexico and the North American mainland, east of Central America, and north of South America. The additional work will be added to the contract through a negotiated modification in accordance with the Changes Clause.

2. PWS C 17.2 adds Class III Cranes as follows:

The Contractor shall ensure all certification requirements are met in accordance with NAVFAC P307 for Class I and

Class III Cranes. The Contractor shall have an operator and crew trained and certified in accordance NAVFAC

P307 for Class I and Class III Cranes at the start of the performance period. The Contractor is responsible for scheduling and funding training and certification requirements.

3. PWS replaces ABS with AWS as follows:

C 14.3.3 Pipefitting, Ship fitting, Valve Repair and Welding. Contractor shall provide structural welding and cutting on ferrous and nonferrous materials with AWS qualified personnel.

C 14.3.9 Non-Destructive Testing. Contractor shall be certified to perform and inspect to AWS standards: Visual

Test (VT), Dye Penetrate Test (PT) and Ultrasonic Test (UT), along with QA personnel to assess and document the testing.

C 21.1.4 On-site records of all inspections conducted by the Contractor and necessary corrective actions taken.

Contractor will maintain up to date records for AWS qualified welders and NDT personnel. These records must be made available to the Government upon request.

C 22.6.6 Contractor personnel performing pipe fitting and ship fitting shall meet AWS standards for service craft and ABYC standards for boats.

C 22.6.9 Non-destructive testing. Contractor personnel shall be certified in accordance AWS standards to conduct and analyze Non-destructive testing methods listed in C14.3.9.

4. PWS C 22.5.4 adds AWS as follows:

C 22.5.4 Senior Maintenance Engineer (SME). The SME must have either: (1) a USCG Chief Engineer (Limited), Near Coastal license with experience in routine operation, preventive maintenance, corrective maintenance, and repairs of shipboard systems or (2) have 15 documented years of comparable experience with the maintenance and repair of shipboard systems, hull, mechanical and electrical with an emphasis on diesel engines and ABS and AWS standards.

5. PWS C 22.10.2 has been changed to:

The Contractor shall provide all Contractor personnel serving as crew on a boat with basic fire fighting training

(USCG STCW-95 or U.S. Navy Damage Control PQS 43119 series applicable watch stations) applicable to the vessel being operated.

The following changes will be incorporated in the contract award Technical Exhibits:

1. Technical Exhibit 10 Section 2.1 has been changed to:

Power usage: The Government will provide electricity for all Port Operations facilities (office and shop areas). The

Contractor is responsible for the electricity for all of its employees housing units and living spaces. The current rate is $325 per MWH. Electricity is included in the current daily rate ($10.00/per day) for Contractor employees residing in Extended Stay Berthing Facilities.

2. Technical Exhibit 12 Line Item 09.4.1 has been changed to:

Note: All sea chest valves listed on items 09.4.5 through 09.4.26 will be (GFM) Government Furnished Material

(GFM) ordered by the Contractor using the NTE CLIN. The valves listed in 09.4.22 and 09.4.23 will not be replaced.

QUESTIONS & ANSWERS

The following provides information to all Offerors regarding questions submitted and the Government’s response regarding Request for Proposal N6883618R0003.

1. Question: Does the Government have a prevailing wage or DOL wage scale for this contracting effort? Is there a different scale for migrant workers if used?

Government Response: No. In accordance with FAR 22.1003-2, the Service Contract Labor Standards statute does not apply to contracts performed outside the United States.

2. Question: Is housing all located on the Naval Station, even for migrant workers if used?

Government Response: Yes. All housing is located at U. S. Naval Station Guantanamo Bay, Cuba for U. S.

Citizens and Foreign National Contractor employees. See Technical Exhibit 10 for information regarding Contractor

Housing and Extended Stay Berthing Facilities.

3. Question: Can the Government provide a list of required regulations and permits that are required IAW Section

C 2.1 and C 22.8?

Government Response: The Government has made every effort to identify applicable regulations required by this contract throughout the Performance Work Statement. However, there may be unidentified regulations that the

Contractor may be subject to.

4. Question: Section C 4.2 states that there will not be a unique Navy e-mail address. Are there any expectations to use any Government systems such as TWMS, POMS, or NMCI for this contract?

Government Response: There is no requirement for the Contractor to use any Government system at this time.

However, in accordance with C 22.2, Contractor’s key personnel must be citizens of the United States of America and must be able to obtain a Confidential Security Clearance and Common Access Card (CAC).

5. Question: Section C 5.0 discusses the timeline for award and the start of the Transition Period. Does the

Government anticipate an extension to the due date of 12 February 2018?

Government Response: The Government does not anticipate an extension at this time.

6. Question: Section C 5.3.4 discusses that the Transition Plan is due 15 days after contract award. Is there an expectation of discussion of this plan in the solicitation response?

Government Response: A Transition Plan is not required to be submitted with an Offeror’s Proposal. Offerors shall only submit the information included in the Addendum to FAR 52.212-1, Instruction to Offerors-Commercial

Items with their proposal. An award will only be made to an Offeror that satisfies the general responsibility standards of FAR 9.104-1. In accordance with FAR 52.212-2, Evaluation-Commercial Items, the Contracting

Officer may require the Offeror to provide any information related to the standards at FAR 9.104-1, including a demonstration that it is capable of transitioning to assume full responsibility for contract performance within six (6) months of the start of the transition period.

7. Question: Section C.6.2.4 (5) discusses support for the geographic region of the Caribbean. Can the

Government define this region? Will this be considered over and above work or is there an estimated amount of movements to accurately price the effort?

Government Response: The Caribbean is a region that consists of the Caribbean Sea, its islands and the surrounding coasts. The region is southeast of the Gulf of Mexico and the North American mainland, east of Central

America, and north of South America. Any Government directed work under Section C.6.2.4 (5) shall be added to the contract through a negotiated modification and shall be invoiced under the not to exceed (NTE) CLIN.

8. Question: Section C 8.3 discusses booming. How many approximate feet of boom will the

Contractor be responsible to maintain?

Government Response: See Technical Exhibit 3. Boom is listed under “Other GFE Tab” “Oil Spill Response”

9. Question: Section C 11.8 discusses storage of oil spill response equipment. Will the Government provide this space to meet all requirements?

Government Response: Yes. The Government will provide the storage space for oil spill response equipment.

10. Question: Section C 12.8.3 discusses the use of Wheelhouse. The J&A bridge contract tasks the incumbent to use Wheelhouse. Is the software program in place and populated with current and past maintenance that was conducted?

Government Response: Yes. The Wheelhouse Maintenance Program is in place and populated with current and past maintenance.

11. Question: Section C 12.8.3 discusses the use of Wheelhouse. Is there a Government expectation of how many dedicated FTE’s are assigned to this task?

Government Response: No. It is the Contractor’s sole responsibility to determine appropriate resources needed to accomplish work required by the PWS.

12. Question: Section C 13.4.1 discusses towing of vessels stateside for DROH. Does the Government or

NAVSEA provide the approved towing package required IAW the Navy Towing Manual?

Government Response: No. The Contractor shall determine the location of the shipyard and the Contractor’s Firm

Fixed-Price shall include preparation for towing in accordance with the Navy Towing Manual, towing and shipyard costs for labor and material.

13. Question: Section C 16.0 discusses transportation and vehicles. Are there any special costs or fees for access to the facility for contractor vehicles?

Government Response: The Contractor shall contact MWR Auto Hobby Shop (757) 458-2741 for specific information regarding days and times for Contractor vehicles registration. Inspection cost is $9.00 per vehicle.

14. Question: Section C 17.0, with regard to WHE, will NAVFAC provide required P-307 training and certification to contractor personnel?

Government Response: There is no guarantee that NAVFAC will be available to provide the required P-307 training. The Contractor shall ensure all training certification requirements are met in accordance with NAVFAC

P307 for Class I and Class III Cranes. The Contractor is responsible for scheduling and funding training and certification requirements.

15. Question: Section C 18.3 discusses videotaping of inspections. Is there an expectation to have these videos uploaded to Wheelhouse?

Government Response: A boat inspection form (Boat Report) shall be populated by the Contractor at time of turnover to identify and document conditions found. It is the Government’s expectation that the discrepancy form be uploaded into WheelHouse. If the Contractor chooses to video tape the inspection, it is not required for the video to be uploaded into WheelHouse but will need to be made available to the COR for review.

16. Question: Section C 19.1 discusses the bar coding system and Wheelhouse. Is this system established by the incumbent or is the expectation for the Contractor to start from ground zero with the present Government inventory?

Government Response: The bar coding system is already established by the incumbent contract. The Contractor is required to verify part numbers, part nomenclature, pricing, quantities on hand and barcoding prior to accepting the inventory.

17. Question: Section C 21.4.1 discusses packaging and disposal of hazardous materials. Does the Government dispose of properly packaged HAZMAT or is the cost borne by the Contractor?

Government Responses: The Government disposes of HAZMAT.

18. Question: Section C 22.2 discusses security clearances for Key Personnel. Who pays for the clearance process for these personnel?

Government Response: The Contractor.

19. Question: Section C 22.5.1 discusses the requirement for a Docking Officer. Can this be a collateral duty? Is this requirement in place for every evolution using the boat lift?

Government Response: The Docking Officer can be a collateral duty; however the Project Manager position cannot be a collateral duty with any other position. Yes, for any evolution “during the docking of any vessels.”

20. Question: Section C 22.6.11 discusses uniforms. Is there a vendor on island for this service or is this contracted from the mainland?

Government Response: The Contractor is responsible for its employee’s uniforms. There is no uniform vendor on-island.

21. Question: Section C 22.10.2 discusses providing basic firefighting training for all boat crew members. Does the Government have a specific requirement or require a specific certificate to document this training?

Government Response: USCG STCW-95 or U.S. Navy Damage Control PQS 43119 series applicable watch stations.

22. Question: Section C 23.5 discusses CAC Cards. Is it the Government’s intention to issue CAC Cards to only

Key Personnel or all employees including migrant workers if utilized?

Government Response: The Government does not intend to issue any Contractor employee a CAC Card at this time. In accordance with C 22.2, Contractor’s key personnel must be citizens of the United States of America and must be able to obtain a Confidential Security Clearance and Common Access Card (CAC). Therefore, the Contractor’s key personnel must meet eligibility requirements for a Confidential Security Clearance and Common Access Card (CAC).

23. Question: Section C 23.5 discusses the requirement for a Government Security Representative. Is the expectation for an FTE? The PWS states he or she shall not be replaced without prior notice to the Government.

Government Response: It is the Contractor’s sole responsibility to determine appropriate resources needed to accomplish work required by the PWS.

24. Question: Section C 23.5 discusses the SAAR-N. If the Contractor is providing their own ADP services is this a requirement?

Government Response: There is no requirement for the Contractor to use any Government system at this time.

25. Question: Section C 29.2 discusses first right of refusal for current employees. Who will be the POC from the

Government to ensure that current employees are afforded a fair opportunity to secure future employment without repercussion from the incumbent?

Government Response: The incumbent service provider’s Contract N6883617P0594 does not include Section C

29.2 Foreign National (FN) Right of First Refusal. The Government makes no representation that all or any part of the incumbent service provider’s workforce will be available to transition to the successor Contractor. Failure of the

Contractor to retain the incumbent workforce shall not relieve the Contractor of its obligation to have a fully qualified, fully staffed workforce in place at the end of the transition period.

The FN Right of First Refusal provision does not become applicable until the end of this contract award and the

Government issues a follow-on to this contract award.

26. Question: Within the FAR clause, the Government states this is a LPTA source selection. Will “best value to the Government” also be considered?

Government Response: In accordance with FAR 52.212-2, Evaluation-Commercial Items, the Government will make a single award using the Lowest Price Technically Acceptable ("LPTA") Source Selection Process. The

Government has determined that the best value continuum for this acquisition is the Lowest Price Technically

Acceptable Source Selection Process. If, by the use of the term “best value” you mean the Tradeoff Process, the answer is no. No tradeoff will be considered.

27. Question: Reference: PWS, Page 50, Paragraph 3, C 12.8.3, Contractor Maintenance Plan. C 12.8.3 of the

RFP states “The Contractor shall procure the maintenance program through WheelHouse Technologies.” In the base-year CLIN, shall we price Implementation Services (all equipment installed, software, barcode hardware, vessel walkdown services, etc.) in addition to the annual subscription services priced in all CLIN’s? It is our understanding that WheelHouse will be fully implemented at time of award therefore all we would need to include in our price is the annual subscription to the required modules.

Government Response: The WheelHouse Commercial Maintenance Program Base Year CLIN shall include the following annual subscription services; facility management services, inventory and purchasing module, barcode inventory module; on-site training and implementation support.

28. Question: TE 9 Special Conditions for GTMO Projects omitted 1.2.1.4. Local Labor, from the previous

RFP N68836 -16-R-0003 that stated "Recruiting of labor and hiring of Government or Contractors on-base employees by offering higher wages or other amenities shall not be permitted." Does this mean that the contractors bidding on this RFP can recruit local labor and hire Government or Contractors on-base employees by offering higher wages or other amenities?

Government Response: It is the Contractor’s responsibility to ensure it is in compliance with any and all labor laws

(including Employment/Non-Compete Agreements) applicable to the recruiting and hiring of any employee that will perform on the contract. Consistent with the terms of the Performance Work Statement, Contractor may provide employees from any source subject to compliance with applicable law.

29. Question: Rule X of the Philippines Overseas Employment Labor Law titled Illegal Recruitment states the following: RULE X Illegal Recruitment SECTION 76. Acts Constituting Illegal Recruitment. Illegal Recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referrals, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential

Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, that any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following prohibited acts committed by any person whether or not a licensee or a holder of authority: e. To induce or attempt to induce a worker already employed to quit his/her employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment. As we understand it, the current incumbent contractor is also a

General Contractor on the base with a $68 Million Dollar school construction contract just now beginning. Is there any guarantee that all or most of the incumbent's Filipino foreign national personnel currently working at Port Ops will not be transferred to the incumbent's on base $68M school project? Are bidders indemnified from a violation of

Philippine Labor law or actions should a successful bidder induce or attempt to induce incumbent's personnel to quit his/her employment to offer them a job with the successful bidder?

Government Response: The Government makes no representation that all or any part of the incumbent workforce will be available to transition to perform under the successor contractor. Failure of the Contractor to retain the incumbent workforce shall not relieve the Contractor of its obligation to have a fully qualified, fully staffed workforce in place at the end of the transition period. It is the Contractor’s responsibility to ensure it is in compliance with all Philippine labor laws applicable to the recruiting and hiring of any Filipino Foreign National employee that will perform on the contract.

30. Question: Technical Exhibit 10 and the Performance of Work Statement contain a conflict regarding who provides electricity: Technical Exhibit 10 Base Housing, Base Support and Transportation states: 2.1 Power usage in living spaces and office and shop areas will be metered furnished and installed by and at the expense of the

Contractor. Electrical usage for work operations in and around site work areas and water consumption will be billed on basis of equitable, mutually agreed upon estimates established prior to start of work, or by Contractor or

Government furnished meters if agreement cannot be reached. The meters furnished shall be sealed and tagged to indicate last calibration date and name of the person performing the calibration. The Government reserves the right to require the recalibration of the meters if erroneous readings are suspected. The Performance of Work

Statement Section C 3.1 states: The Government will provide the following services within NSGB. For those items requiring disposal, the Contractor shall deliver the items to the location identified by the Government.

(1) Electricity

(2) Fuel Oil - DFM (F76), JPS and MOGAS for Government-owned vessel/craft operations.

(3) Lube Oil (for Government-owned craft) as part of preventive and corrective maintenance.

(4) Hydraulic Oil, Transmission Fluid, Steering Fluid, Grease for preventive and corrective maintenance.

(5) Potable Water

(6) HAZMAT Disposal for HAZMAT generated during normal operations

(7) Garbage Disposal

(8) Sewage Pump out and Disposal

(9) Pier space to moor vessels utilized in support of this contract

(10) Diesel Engine Inspectors

(11) Oily Waste Disposal

(12) Mobile Crane Services when approved by the COR

Will the Government provide electricity as outlined in the PWS or will the Contractor be responsible for the cost of electricity?

Government Response: The Government will provide electricity for all Port Operations facilities (office and shop areas). The Contractor is responsible for the electricity for all of its employees housing units and living spaces. The current rate is $325 per MWH. Electricity is included in the current daily rate ($10.00/per day) for Contractor employees residing in Extended Stay Berthing Facilities.

31. Question: TE 12 YTB-831 DROH Work Package FY 19 states the following: 09.4: Sea chest Valves; Remove and Replace; 09.4.1: Note: All sea chest valves listed on item 09.3.7 up to 09.3.23 will be Government Furnished

Material (GFM). Despite indicating the above, there are no sea chest valves listed on item 09.3.7 up to 09.3.23. Will the Government be furnishing sea chest valves as GFM for the YTB-831 DROH Work Package?

Government Response: The Note at 09.4.1 has been corrected as follows:

All sea chest valves listed on items 09.4.5 through 09.4.26 will be (GFM) Government Furnished Material (GFM) ordered by the Contractor using the NTE CLIN. The valves listed in 09.4.22 and 09.4.23 will not be replaced.

32. Question: C 14.3.3 of the Solicitation states the following: Pipefitting, Ship fitting, Valve Repair and

Welding. Contractor shall provide structural welding and cutting on ferrous and nonferrous materials with ABS qualified personnel. What is considered an ABS qualified welder? “ABS recognizes and follows the procedure and performance qualification requirements of AWS and ASWE, however an AWS or ABS Surveyor must be on hand to witness the actual welding of procedure and performance testing and must stamp the certs as well.” Does this mean we will be required to fly in an AWS or ABS Surveyor every time we perform welding on a Boat or Craft?

Government Response: The Government will require AWS qualified welders and NDT processes to follow Coast

Guard requirements for Aluminum D1.1 and Steel D1.2. See Performance Work Statement changes to be included in the contract award. There is no requirement to fly in an AWS or ABS Surveyor.

(End of Summary of Changes)