W912BU-15-R-0051_Amend_0001.pdf.pdf

US ARMY ENGINEER DISTRICT, PHILADELPHIA

MEGAN MCMULLEN

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

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

This is amendment 0001. The purpose of this amendment is to add FAR clauses, modify FAR clauses, and delete FAR clauses as set forth below .

Offeror must acknow ledge receipt of this amendment by the date specif ied in the solicitation (or as amended) by one of the follow ing methods: in the space provided on the SF 33, or by signing the block 15 below .

FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR PROPOSAL. RFP DUE DATE REMAINS: 1400 EST, 12 October 2015.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 26

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

16C. DATE SIGNED

BY 15-Sep-2015

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 W912BU-15-R-0051

X 9B. DATED (SEE ITEM 11)

05-Aug-2015

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

14-Sep-2015

CODE

US ARMY ENGINEER DISTRICT, PHILADELPHIA

CONTRACTING DIVISION

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

W912BU 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W912BU

FACILITY CODECODE

EMAIL:TEL:

W912BU-15-R-0051

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION F - DELIVERIES OR PERFORMANCE, has been modified. Subsections F01 – F03 remain unchanged.

F04 LIQUIDATED DAMAGES

FAR 52.211-11 LIQUIDATED DAMAGES – SUPPLIES, SERVICES OR

RESEARCH AND DEVELOPMENT (SEPT 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, or any extension, the Contractor shall, in place of actual damages, pay to the Government as fixed, agreed, and liquidated damages, for each calendar day of delay the sum of:

For Line Item 0001 ............................................................................ $1100.00

(b) Alternatively, if delivery or performance is so delayed, the Government may terminate this contract in whole or in part under the Termination for Default - Fixed Price, Supply and Services clause in this contract and in that event, the Contractor shall be liable for fixed, agreed, and liquidated damages accruing until the time the Government may reasonably obtain delivery or performance of similar supplies or services. The liquidated damages shall be in addition to excess costs under the Termination clause.

(c) The Contractor shall not be charged with liquidated damages when the delay in delivery or performance arises out of causes beyond the control and without the fault or negligence of the Contractor as defined in the subsection (m) of this Contract Terms and conditions – Commercial Items.

(End of Clause FAR 52.211-11)

The following have been added by full text:

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 Million, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.228-16 PERFORMANCE AND PAYMENT BONDS--OTHER THAN CONSTRUCTION (NOV 2006)

(a) Definitions. As used in this clause--

Original contract price means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity.

Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to 100 percent of the original contract price and a payment bond (Standard Form 1416) in an amount equal to 100 percent of the original contract price.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within 10 days, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(End of clause)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Adriana A. Dunaway U. S. Army Corps of Engineers http://www.fms.treas.gov/c570/

Philadelphia District 100 Penn Square East Philadelphia, PA 19107

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (DEC 2013)

(a) Definitions. As used in this clause'

Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

Concatenated unique item identifier means--

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;

and serial number within the original part, lot, or batch number.

Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

Government's unit acquisition cost means--

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise (e.g., Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, Allied Committee 135 NATO Commercial and Government Entity (NCAGE)/Commercial and Government Entity (CAGE) Code, or the Coded Representation of the North American Telecommunications Industry Manufacturers, Suppliers, and Related Service Companies (ATIS-0322000) Number), European Health Industry Business Communication Council (EHIBCC) and Health Industry Business Communication Council (HIBCC)), as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.nen.nl/Normontwikkeling/Certificatieschemas-en-keurmerken/Schemabeheer/ISOIEC-15459.htm.

Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.

Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

Type designation means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract line, subline, or exhibit line item No. Item description

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract line, subline, or exhibit line item No. Item description

(If items are identified in the Schedule, insert ``See Schedule'' in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ----.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ----.

(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or

(iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology--International symbology specification--Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology-Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall--

(A) Determine whether to--

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: Original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD- 130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code--

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government's unit acquisition cost.

(11) Unit of measure.

(e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause, the Contractor shall report as part of, or associated with, the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

** Once per item.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods--

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ----, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by contract any items for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.

The following have been modified:

52.212-2 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 following factors shall be used to evaluate offers:

1. TECHNICAL CAPABILITIES:

a. Sub-factor: Experience

Elements:

Facility: Experience, at the designated facility, building at least two aluminum catamarans, 50 feet or longer, in the last five years

Design: Experience designing two foil assisted catamarans, 50 feet or longer, in the last five years.

b. Sub-factor: Product http://dodprocurementtoolbox.com/site/uidregistry/ http://dodprocurementtoolbox.com/site/uidregistry/

Elements:

Compliance with solicitation specifications Length: 53 – 57 feet LOA w/o Transom Beam: 22-24 feet Speed: 30 – 34kts @90% power

2. PAST PERFORMANCE

i. Review of past performance on contracts identified in the offer. Review of questionnaire

ii. Information obtained from references provided in the offer, and other appropriate sources.

iii. Review of offeror provided information relevant to problems encountered on the contracts identified in the offer.

3. PRICE:

i. Lowest Price Technically Acceptable.

Proposals will be rated as acceptable/ unacceptable. The definition of acceptability/unacceptability is as follows:

This procurement is Best Value, Low Price Technically Acceptable. Proposals will be evaluated for acceptability.

Rating System: After listing proposal strengths, weaknesses and deficiencies, the TEC and PEC will assign an adjective rating of “Acceptable, or Unacceptable” to each, which reflect the Government's confidence in each Offeror's ability, as demonstrated in its proposal, to perform the requirements stated in the RFP. The adjectival ratings shall be assigned, using the following criteria, which incorporate a proposal risk assessment:

1. Acceptable – A proposal that satisfies all of the Government’s requirements with minimal detail to indicate feasibility of the approach and shows a minimal understanding of the problems, with an overall moderate to high degree of risk in meeting the Government’s requirements– Low to Moderate Performance Risk.

2. Unacceptable - A proposal that contains a major error(s), omission(s) or deficiency(ies) that indicates a lack of understanding of the problems or an approach that cannot be expected to meet requirements or involves a very high risk;and none of these conditions can be corrected without a major rewrite or revision of the proposal – High Performance Risk.

Past Performance: The following rating Definition scale will be used for technical evaluation of past performance of proposals: R ating 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 has no reasonable expectation that the offeror will be able to successfully perform the required effort.

An award will be made to the lowest offer that is technically acceptable.

Proposals will not be ranked in order. In order to be considered awardable, there must be an acceptable rating in every non-price factor. Technical capability and past performance will be ranked for acceptability.

Price Analysis/Evaluation:

A price for each of the line items shall be provided for the work outlined in the RFP.

The Contract Specialist shall review the price proposals. Price will be evaluated for reasonableness.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(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.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 336611- assigned to solicitiation number W912BU-15-R-0051 .

(Contractor to sign and date and insert authorized signer's name and title).

The following clauses have been deleted from Section I:

52.211-5 Material Requirements AUG 2000 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-14 Integrity of Unit Prices OCT 2010 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2014 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

MAY 2014

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-25 Prompt Payment JUL 2013 52.244-6 Subcontracts for Commercial Items APR 2015 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

The following have been added by reference:

52.209-5 Certification Regarding Responsibility Matters APR 2010 52.212-3 Offeror Representations and Certification--Commercial Items MAR 2015

The following have been deleted:

252.204-7007 Alternate A, Annual Representations and Certifications JAN 2015

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS has been modified:

PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA AND BASIS OF AWARD

1.0 OVERVIEW

The Government will evaluate proposals in accordance with the evaluation criteria and the evaluation rating system described herein. Price information will be evaluated for fairness, reasonableness, and for material unbalancing, also as described herein.

2.0 BASIS OF AWARD

In accordance with FAR 15.101-2, award will be made on the basis of the lowest evaluated price of proposals satisfying the requirements of the technical evaluation factors set forth in the solicitation.

3.0 GENERAL INSTRUCTIONS

3.1 The Government intends to make a contract award without discussions except when the Government determines that it is in its best interest to hold discussions.

Proposals should be submitted initially on the most favorable terms from a price and technical standpoint.

Do not assume that Offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

3.2 Technical and Price proposals shall be submitted in two separate volumes. Two volumes are required so that the technical and price reviews can be accomplished by different staff.

Each proposal shall be clearly marked as to its content, i.e., project title, solicitation number, name and address of the offeror, price proposal or technical proposal.

3.3 Offerors shall submit one (1) electronic copy of their proposal.

4.0 TECHNICAL EVALUATION FACTORS

Proposals must meet all of the evaluation factors and sub-factors listed below to be considered acceptable.

Proposals which do not meet all of the evaluation factors and sub-factors listed below will be unacceptable and will not be eligible for award.

4.0.1 FACTOR 1 – TECHNICAL CAPABILITY

4.1.1 SUB FACTOR 1A - EXPERIENCE

SUBMITTAL REQUIREMENTS

The Offerors’ proposal shall include a discussion of direct contract supervision experience during the past five years the building of at least two aluminum vessels 50 feet long or longer, with 30 knot minimum top speed and with comparable outfit and systems to the requirements in this specification.

The offeror shall describe the principal dimensions, speed, outfit and systems of the vessels built and provide a list of the vessels owners. The facility where the vessel is to be built shall be clearly identified to include an overall description.

The Offerors’ proposal shall also include a discussion of the designers experience in designing at least two foil assisted catamarans, 50 feet or longer, in the past five years that have been built and put into successful service. The vessels owners shall be identified. The offeror shall describe the principal dimensions, speed, outfit and systems of the vessels designed and built.

If the offeror is using a sub-contractor to meet the design element, a signed letter of commitment from the designer is required in addition to the above. (Attachment A). The offeror shall also confirm that the sub-contractors design will not be altered during construction.

MINIMUM REQUIREMENTS

At least Two aluminum vessels 50 feet or longer, with 30 knot minimum top speed and with comparable outfit and systems to the requirements in this specification built at the proposed facility in the past five years.

At least two foil assisted catamarans (50 feet or longer) designed in the last five years that have been built and put into successful service.

4.0.2 SUB FACTOR 1B - PRODUCT

SUBMITTAL REQUIREMENTS

The Offeror shall provide a narrative overview of the proposed vessel to include key features. The offeror shall also confirm that they can meet all the requirements of the “C” section of his solicitation while meeting the speed requirement.

The Offeror’s proposal shall include a dimensionalized general arrangement drawing of the proposed vessel.

The offeror shall provide a narrative discussion, with any supporting documentation, explaining the offerors approach to assuring that the speed requirement will be met. The narrative must address weight management during design and construction.

MINIMUM REQUIREMENTS

Vessel meets the specification requirements to include, but not limited to, speed (30 to 34 knots at 90% power), length (53 to 57 feet without transom platform) and beam (22 to 24 feet).

5.0 - PAST PERFORMANCE

SUBMITTAL REQUIREMENTS

The Proposal must include at least two (2), but no more than five (5) projects completed within the last five (5) years using the attached Past Performance Questionnaire (PPQ) forms (Attachment B) representing the Offeror’s relevant Past Performance. In lieu of submitting Past Performance questionnaires, offerors may provide completed questionnaires from the Construction Contractor Appraisal Support System (CCASS), or Contractor Performance Assessment Reporting System (CPARS) on a “one for one” basis.

In other words, one (1) completed CCASS or CPARS questionnaire shall satisfy the requirement for one

(1) PPQ. Past performance pertains to how well an Offeror has performed relevant past work that is an indicator of future performance. Past performance information is not the same as experience information.

Experience information pertains to what types of work an Offeror has performed. Past performance pertains to how well an Offeror performs project work. There are two aspects to the past performance evaluation. The first is to evaluate whether the Offeror’s past performance is relevant or not relevant to the effort to be acquired. For the purpose of this evaluation, relevancy of the projects provided on past performance questionnaires will be evaluated based on their similarity to the technical work required by this solicitation. The second aspect is to determine how well the contractor performed on the contracts.

The Government will consider the currency and relevance of the information, source of the information, context of the data, and general trends in contractor performance.

The Past Performance Questionnaire (PPQ) included in the solicitation is provided for the offeror or its team members to submit to the client for each project the Offeror includes in its proposal for Factor 2 (Past Performance).

Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionnaires should be submitted with your proposal. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror should complete and submit with the proposal the first page of the PPQ (Attachment B), which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires.

If the client requests, questionnaires may be submitted directly to the Government's point of contact, via email at Megan.M.McMullen@usace.army.mil prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror.

MINIMUM REQUIREMENTS

In order for the Offeror’s past performance to be considered acceptable, the information provided on the Offeror’s past performance questionnaires, in addition to any information obtained by the Government through the sources identified above, shall provide the Government with a reasonable expectation that the Offeror will successfully perform the work required.

Offerors are reminded that while the Government may elect to consider past performance information obtained from other sources, the primary responsibility for providing past performance information rests with the Offeror. In the case of an Offeror that does not have 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 as concerns its past performance. In situations of this kind, the adjective rating of acceptable will be applied to the evaluation factor of Past Performance.

6.0 PRICE EVALUATION

The Government will evaluate proposals for the purpose of determining the reasonableness and completeness of the prices offered.

mailto:Megan.M.McMullen@usace.army.mil

6.1 PRICE (STANDARD FORM 33 AND CONTRACT LINE ITEM SCHEDULE).

6.1.1 SUBMISSION REQUIREMENTS:

6.1.1.1 Submit the properly filled out and executed SF 33, along with the Price Proposal Schedule, executed Bid Bond.

6.2 EVALUATION CRITERIA:

6.2.1 The contract resulting from this solicitation will be awarded to the responsive offeror submitting the lowest price.

7.0 EVALUATION PROCEDURES

7.1 The offeror that submits the lowest complete and reasonable, technically acceptable price proposal will be selected for the contract award. To be considered technically acceptable, an offeror’s proposal must not be rated “unacceptable” under any technical factor or sub-factor.

7.2 An “acceptable” rating will be assigned to a proposal that has satisfied all of the requirements of the technical evaluation factors/sub-factors set forth in the solicitation. An “unacceptable” rating will be assigned to a proposal that has not satisfied one or more requirements of the technical evaluation factors/sub-factors set forth in the solicitation.

7.3 The Government cannot make the contract award to an offeror that is determined to have a technical proposal that is deficient or unacceptable. An “unacceptable” rating will make the offeror ineligible for the contract award, unless the Government elects to enter into discussions with offerors and all deficiencies are remedied in a revised proposal. It is the intent of the Government to award a contract without discussions, although the Government reserves the right to conduct discussions if it is determined to be in the Government’s best interest. Therefore, an offeror that desires consideration for the contract award is advised to comply with all mandatory requirements of this solicitation for submission of price and non-price proposals.

7.4 In accordance with FAR 15.101-2, award will be made on the basis of the lowest evaluated price of proposals satisfying the requirements of the technical evaluation factors and sub-factors set forth in the solicitation.

ATTACHMENT A – SUB-CONTRACTOR LETTER OF COMMITMENT

TO: Contracting Officer

SUBJECT: Letter of Commitment for Proposed Contract for ____________________

Dear Sir or Madam:

I hereby make the unequivocal commitment that, in the event of an award of a contract to (Fill in name of Proposer), that (insert name of design firm) will fulfill the duties of (state role on a project).

Sincerely, (Authorized Official)

Date: __________

Attachment B – Past Performance Questionnaire

USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0) CONTRACT INFORMATION (Contractor to complete Blocks 1-4)

1. Contractor Information Firm Name: Cage Code:

Address: DUNs Number:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

Contract Number:

Delivery/Task Order Number (if applicable):

Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information Name:

Title:

Phone Number:

Email Address:

6. Describe the client’s role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Client’s Signature:

(End of Summary of Changes)