Amendment_0002.PDF

l.CON1RACTID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT J 1 7

2, AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATh 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECTNO.(lfapplicable)

0002 24-Jan-201 9

6.ISSUEDBY CODE FA2523 7.ADMINISTEREDBY (Ifotherthanitem6) CODE

DETACHMENT 1,21 CONTRACTING SQUADRON

DAGHAMMARSKJOWSALLE24 See Item 6

21~O COPENHAGEN 0

DENMARK

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) x 9A.AMENDMENT OF SOLICITATION NO.

x 9B. DATED (SEE ITEM I I) 09-Jan-201 9 bA. MOD. OFCONTRACT/ORDERNO.

lOB. DATED (SEE ITEM 13)

CODE IFACILITY CODE —

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

~Tlse above numbered solicitation is airnnded as set En’th in Item 14. The Isour and date specified Er receipt ofOt~r is extended, is not extended.

Ol~r nsust acknowledge receipt ofthis anvndirnnt prior to tlse Isour and date specified in tlse solicitation or as arnsnded by one ofthe tôllowing netlsods:

(a) By coispleting Items S and 15. and returning 1 copies ofthe amendnznt; (b) By acknowledging receipt oftlsis anendtrnnt on cads copy oftise ol~r submitted;

or (c) By separate letter or telegramwhich includes a re~rence to the solicitation and anendnvnt numbers. FAILURE OF YOUR ACKNOWLEDGMENTTO BE RECEIVED ATThE P LACE DESIGNAThD FOR ThE RECEIPTOF OFFERS P RJOR TO ThE HOUR AND DATE SPECIFIED MAY RESULTIN

REJECTION OF YOUR OFFER. Ifby virtue ofthis anendnent you desire to change an oiler already submitted, suds change may be made by telegrarnor letter.

provided cads telegrarnor letter makes reErence to tlse solicitation and tlsis anendnent, and is received prior to the opening Isour 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 TN THE CONTRACT ORDER NO. IN ITEM bA.

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 tnodification 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 ~Isere feasible.)

The purpose of this arr~ndrnent is to:

1 - rermve clause 252.247-7026 on pages 92 and 95.

2 - update clause 52.212-2, Paragraph F with criteria listed in DFARS PGI 247.573(b)(2)Oh)(C) 3 - Update Addendum to 51.212-1, Paragraph C to state FOF documents are acceptable with the exception of Attachment 4 - Excel Spreadsheet - Ricing rrust rerrnin in the originally attached Excel forrrat.

4 - Add section d to Addendum to 52.212-1, Paragraph 4 to include amendment acknowledgements and provision 52.212-3 fill-in.

All other terrr~ of the solicitation remein unchanged.

Except as provided Iserein, all terns and conditions oftlse docuirnnt referenced in Itens9A or I OA, as lseretofire clsanged. remains unclsanged and in tisIl fiarce and e~ct.

1 5A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND P~ RO1~JjI1~CTlNG OFFICER (Type or print)

Contracting Officer

EMAILTEL

15B. CONTRACTOR/OFFEROR I15C. DATE SIGNED II6C. DATE SIGNED

~ 2~Jan-201 9 (Signat~e of person author~edto sign) BY (Stgnat~e of Contracting Of

EXCEPTION TO SF30

APPROVED BY OIRM 11-84

30-105-04 ) STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

FA2523 18 ROOD 1

Page 2 of7

SECTION SF30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

ADDENDUM TO 52.212-1

The following have been modified:

ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1: INSTRUCTIONS TO OFFERORS - COMMERICAL ITEMS (DEVIATION 2018-00018) (Oct 2018)

Addendum to 52.212-1:

-Paragraph (C): Change “30” to “180”.

-Paragraph (e): Multiple offers are not allowed.

-Paragraph (h): Only one (1) Indefinite Delivery/Indefinite Quantity (ID/IQ) contract will be written in response to this solicitation.

Following paragraphs are added:

(m) Language. Any correspondence submitted pertaining to this solicitation and any resultant contract shall be submitted in the ENGLISH language.

(n) Currency. Ail prices listed shall be shown in USD by US Offerors and Danish Kroner by Danish Offerors.

(o) Estimated Quantities. The quantities listed in the Pricing Schedule reflect the Government’s best estimate based on past history. Actual requirements are expected to vary. See FAR Clause 52.247-8, Estimated Weights or Quantities Not Guaranteed.

I. PROPOSAL PREPARATION INSTRUCTIONS:

A. To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein.

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors and subfactors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identif~’ any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of four

(4) separate parts; Part I — Flag Vessel Designation and VISA Participation Priority, Part II — Technical, Part III —

Past Performance, and Part IV — Price.

NOTE: All proposal preparation costs will be the sole responsibility of the Offeror. The Government will not reimburse any firm for their proposal preparation costs.

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition.

Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost infonnation will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer detennines that adequate price competition no longer exists; Offerors may be required to submit information (FAR 15.403-3 Requiring data other than certified cost or pricing data) to the extent necessary for the contracting officer to detennine the reasonableness of the price.

C. Format Instructions: All proposal infonnation shall be in English. Each part shall be complete in itself The proposal must include all of the information requested in the subparagraphs. Failure to do so may adversely affect the evaluation. A proposal that is sufficiently documented in a complete, orderly, and specific detailed manner will enable the Government to perform a thorough and fair evaluation. Each part of the proposal shall be submitted in electronic fonnat. The electronic (softcopy) proposal shall be Microsoft Office 2010 compatible. PDF documents are acceptable with the exception of Attaclunent 4. Attachment 4 Excel Spreadsheet - Pricing mnust remain in the originally attached Excel format. Pages in the proposal shall be in “Letter” format or 8.5” x 11” and be numbered accordingly. Margins must be one (1) inch (2.54 cm) all around. Type size will be no smaller than Microsoft Word Anal 11 point font, nonnal single spacing. Text used in charts, graphics, tables, exhibits or diagrams must be single-spaced and shall be at least six (6) point font. Offerors must perform a computer virus check prior to submission.

FA2523 1 8R000 1

Page 3 of7

D. SPECIFIC INSTRUCTIONS: The Offeror must submit an electronic copy no later than the due date of 14:00 CET / 08:00 EST on 08 February 2019 tojesper.nielsen@detl.dk, patrick.king~detl.dk, Matthew.Durbin@detl.dk, and Jamie.Porchiac~2det1 .dk. Offerors must fill in all necessary clauses in the solicitation document and amendments. All amendments shall be acknowledged and signed. Under provision 52.2 12-3, Offeror Representations and Certifications

Commercial Items, the Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http: www.sarn.Eov portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. Under provision 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015), the Offeror shall complete paragraph (b) of this provision and submit.

E. ADDITIONAL INSTRUCTIONS

1. PART I - FLAG VESSEL DESIGNATION AND VISA PARTICIPATION PRIORITY - This information will be used to place each Offeror into the VISA priority categories. Offerors shall provide the following information:

a. Documentation that demonstrates the Offeror is a U. S-flag vessel organized under the laws of a State of the United States, or the District of Columbia; or documentation that demonstrates the Offeror is a foreign-owned or -operated foreign-flag vessel.

b. Offerors must provide documentation that indicates current VISA participation priority.

USTRANSCOM will verify VISA participant status of the Offerors by validating enrollment with the Maritime Administration (MARAD) as applicable. For VISA affiliate and subsidiary companies, USTRANSCOM will verify the VISA Participant status of the parent company in the same manner. If the Offeror is a VISA participant, VISA enrollment with MARAD must be current at the time of proposal submission.

2. PART II — TECHNICAL — The technical proposal shall address each of the following subfactors in sufficient detail to describe the Offeror’s proposed approach to performing the requirements set forth in the PWS. The Offeror must submit a package not to exceed 50 single sided pages in total. Excess pages will NOT be evaluated.

a. Subfactor 1 Polar Code: Offeror shall submit a statement of assurance with supporting documentation that addresses the following:

i. Offeror will adhere to the International Code for Ships Operating in Polar Waters (Polar Code, Attachment 3). (reference MEPC 68 21 Add.1, Annex 10, Page 3), and;

ii. Materials and structure of the ice strengthened ship used shall be designed for operation at the ships polar service temperature and resist both global and local structural loads anticipated under the foreseen ice conditions in accordance with Chapter 3 Ship Structure of the International Code for Ships Operating in Polar Waters (Polar Code, Attachment 3), and;

iii. While operating in polar waters; masters, chief mates and officers in charge of a navigational watch shall be qualified in accordance with Chapter 12 Manning and Training and specifically paragraph 12.3 of the International Code for Ships Operating in Polar Waters (Polar Code, Attachment 3).

b. Subfactor 2 Vessel Registration and Capability: Offeror shall provide the following:

i. Name, hull number and country of registration (flag) of the ship(s) that shall fulfill this requirement and

ii. Offeror shall describe the proposed approach for off-loading all cargo categories described in the Contract Line Items.

3. PART III — PAST PERFORMANCE — Past Performance will be rated on an acceptable unacceptable basis after evaluation of relevancy, recency and quality of performance. Past Performance is demonstrated either as a prime contractor or team effort; and either through a single prior contract or by a combination of prior contracts. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance.

a. Subfactor 1 — Relevancy: A relevancy determination will be made by the Government based upon performance of at least two (2) but not more than four (4) contracts of similar size (12,000 measurement tons 4500 long tons or greater. The Offeror must submit sufficient documentation for each contract to be considered for evaluation, but no more than four (4) contracts in total. The Offeror may explain why each past performance submission is relevant, but the Government is not bound by the Offerors opinion of relevancy.

Page4of7

b. Subfactor 2 — Recency: A recency determination will be made by the Government based upon performance of at least two (2) but not more than four (4) contracts. The Offeror must submit sufficient documentation for each contract to be considered for evaluation, but no more than four (4) contracts in total. F

c. Subfactor3— Quality: The Offeror is required to provide a list of points of contact (POC) for each contract submitted for the relevancy and recency determination. The points of contact list must include the first and last name of the POC, their job title, phone number and email address for each contract.

4. PART IV - PRICE

a. Complete blocks 12, 17a, and 30a, b, and c of the SF 1449. An official authorized to contractually bind the Offeror must sign Block 30a. In doing so, the Offeror accedes to the contract tenns and conditions as written in the solicitation.

b. Contractor must enter prices in the Contract Line Items of the SF 1449 — the Schedule of Supplies/Services for each Contract Line Item (CLIN). The extended amount must equal the whole unit price multiplied by the number of units. In addition, fill out the excel spread sheet Attachment 4 per the instructions on the attachment. Fill in prices respective to your currency (USD or DKK). The Government will use the procedures at FAR 53.225-17 for evaluating currency in both USD and/or the Danish Kroner.

The Exchange rate for the evaluation of the contract proposals will be 6.3847 DKK / 1 USD which is the official exchange rate for fiscal year 2019 as published by the Office of the Secretary of Defense. This is the exchange rate referenced in FAR 53.225-17.

c. The US Government is exempt flom paying Value Added Tax (VAT) in accordance with the Danish -

American Tax Relief Agreement of 7 April 1952. All prices quoted (and paid) shall not include VAT.

d. Acknoledge and sign all amendments. Fill-in provision 52.2 12-3, as applicable.

(End of Provision)

52.2 12-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a)The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government will award, to the Offeror deemed responsible in accordance with the Federal Acquisition Regulation (FAR), as supplemented, whose proposal conforms to the Request for Proposals (RFP) requirements (to include all stated terms, conditions, representations, certifications, and all other information required by the Addendum to

52.2 12-1 of this RFP) and is judged, based on the evaluation criteria, using a best-value process, consisting of a Tradeoff Process (FAR 15.101-1). This source selection will be conducted using the procedures (as specified above) from the Air Force Source Selection policies and procedures contained in FAR 15.1. Specifically, the evaluation process begins by using FAR 15.101-1 Tradeoff Process where Factor 1 (below) is significantly more important than price. Due to this, all evaluation factors other than price, when combined, are significantly more important than price. Offerors will be segregated based on their Voluntary Intermodal Sealift Agreement (VISA) participation priority, JAW DoDI 4500.57 (Attachment 5, para 6.4). Once Offerors are segregated into a VISA category then FAR

15.304 Evaluation Factors and Significant Sub-factors will be applied. The Government seeks to award to the Offeror who in the Government’s estimation, provides the best value in response to the requirement. By submission of its offer, the Offeror agrees to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Failure to meet any technical requirement may result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

Page 5 of7

The Contracting Officer will make a detennination of the contractor’s responsibility in accordance with FAR 9.104.

The following factors shall be used to evaluate Offerors:

A. FACTOR I: FLAG VESSEL DESIGNATION AND VISA PARTICIPATION PRIORITY - In accordance with DFARS 247.573 PGI (b)(2)(iii)(A), all solicitations shall provide a preference for U.S.-flag vessels. In accordance with DoDI 4500.57 para 6.4, these priorities (in order ofprecedence) will be used to rank the Offerors by vessel capacity and VISA participation:

a. U.S-flag vessel capacity operated by a VISA participant and U.S-flag vessel sharing agreement (VSA) capacity of a VISA participant.

b. U.S.-flag vessel capacity operated by a VISA non-participant.

c. Combination of U.S.-flag and foreign-flag vessel capacity operated by a VISA participant and combination U.S.-flag and foreign-flag VSA capacity of a VISA participant.

d. Combination of U,S.-flag and foreign-flag vessel capacity operated by a VISA nonparticipant.

e. U.S.-owned or -operated foreign-flag vessel capacity and VSA capacity of a VISA participant.

f U.S-owned or -operated foreign-flag vessel capacity and VSA capacity of a VISA nonparticipant.

g. Foreign-owned or -operated foreign-flag vessel capacity of a VISA non-participant.

B. FACTOR II: TEChNICAL — The Govermnent’s technical evaluation team shall evaluate the technical proposals submitted by all Offerors on a pass/fail basis, assigning a rating of Acceptable or Unacceptable. The Offeror’s proposal shall be evaluated to determine whether the proposal is acceptable or unacceptable, using the ratings and descriptions outlined below. One technical rating will be assigned to each technical subfactor.

In order to be considered awardable, each subfactor must be rated acceptable. One subfactor rated unacceptable will result in an unacceptable Technical proposal. In order to be considered technically acceptable, the Offeror must submit a package not to exceed 50 single sided pages (not including professionally printed corporate materials) that successfully fulfills ALL of the criteria listed in the Addendum to 52.2 12-1, Part II - Technical, in contractor chosen format.

a. Subfactor 1 — Polar Code

b. Subfactor 2 — Vessel Registration and Capability

The following acceptability ratings will apply:

Rating Description

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

C. FACTOR III: PAST PERFORMANCE — Past Performance will be rated on an acceptable/unacceptable basis after evaluation of recency, relevancy and quality ofperformance. Past performance is demonstrated either as a prime contractor or team effort; and either through a single prior contract or by a combination of prior contracts.

a. Subfactor 1 — Relevancy: Ifanactivityisdetenninednottobere1evaictjvitywi1unt~e ~yfi1cec~dncyc≥tqwill~y:

b. Subfactor 2— Recency: Ifanactivityisdeterminednottoberecent,theactivitywillnotbe

c. Si~h~c— Quality: The Government will conduct an independent assessment of the CPARS/PPIRS as well as the POC list provided for each contract.

The following acceptability ratings will apply:

FA2523 18R0001

Page 6 of?

Rating Description

Acceptable Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown.

Unacceptable Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort.

D. FACTOR W: PRICE —An Offeror’s proposed prices will be determined by multiplying the quantities identified in the Contract Line Items by the proposed unit price for each Contract Line Item Number or Subcontract Line Item Number to confirm the extended amount for each. Price will be evaluated for fairness, reasonableness and balance.

E. The Government will make an award using a best-value process, consisting of a Tradeoff Process as follows:

a. The Government will segregate Offerors into their Flag Vessel Designation and VISA participation priority, JAW DoDI 4500.57 (Attachment 5), para 6.4 and then evaluate for technical acceptability, past performance and arrange by lowest total evaluated priced proposal to the highest total evaluated price proposal within each VISA category.

b. If required, clarifications will be conducted with Offerors after receipt ofproposals JAW FAR

15.306. Clarifications are limited exchanges, between Govermnent and Offerors that may occur when award without discussions is contemplated. If award will be made without discussions, Offerors may be given the opportunity to clarif~,’ certain aspects of proposals to resolve minor clerical errors.

c. The Government intends to evaluate proposals and award without discussions with Offerors JAW FAR 52.215-1 (f)(4). Therefore, the Offerors initial proposal should contain their best terms from a price, technical and past performance standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

d. The objective of discussions is “to maximize the Government’s ability to obtain the best value, based on the requirement and the evaluation factors set forth in the solicitation” (See FAR 15.306(d)(2)). If within the sole discretion of the Government, it is determined that discussions are necessary due to perceived weakness or other issues that must be addressed before award, they will be conducted with only those Offerors determined by the Government to be within the competitive range.

e. If held, once discussions have been concluded all Offerors in competitive range will be provided an opportunity to submit a final proposal revision (FPR). Offerors are advised not to modify their technical proposal in their revision, wither directly, by inference, or effect. It is the intent to have a full understanding of the Offerors proposal, including any revisions and answers submitted by Offerors, prior to requesting FPRs. Jn the event, any adjustment to prices becomes necessary in a FPR to reflect changes resulting from discussions, a complete, traceable audit trail shall be provided to show how the changes took place. THE GOVERNMENT RESERVES THE

RIGHT TO MAKE AWARD WITHOUT DISCUSSIONS; THERFORE THE OFFEROR

SHOULD PROPOSE THE BEST OFFER INITIALLY.

f The Government intends to make award to the Offeror in the highest VISA participation priority of DoDJ 4500.57 (Attachment 5) paragraph 6.4 that demonstrates the best value to the Government, fully conforms to the solicitation requirements, is technically acceptable, has acceptable past performance, and represents a fair and reasonable and balanced price.

g. If no US flag vessels are available (PGJ 247.573(b)(2)(iv)(A)), a non U.S.—flag vessel may be chosen and Danish-flag vessels will be preferred.

h. All pricing information will be treated as confidential and will be used only by Source Selection Evaluation Team members for purposes required to award a contract. This information will be used only for the purpose intended and under no circumstances will the information be given to any other contractor without the written consent of the owner of the information or as required by the Freedom of Information Act.

Page 7 of7

F. In the instance that there is more than one technically acceptable proposal within the same VISA participation priority and with the exact same price, preference shall be given to the Offeror who adheres to the criterion in PGI 247.573(b)(2)(iii)(C), with consideration given to vessels with shipyard work completed in the USA or Guam.

(b) Period of Performance. The Government will evaluate offers for award purposes by adding the total price of all the CLINs in the entire Ordering Period. The Government may determine that an offer is unacceptable if the CLIN prices are significantly unbalanced. Evaluation of the Ordering Period shall not obligate the Government to use the full Ordering Period after minimum contract amount is met,

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

The following have been deleted:

252.247-7026

(End of Summary of Changes)