N00033-09-R-8002 Amendment 0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to incorporate changes into the solicitation. Attachment 2 (Questions and Answ ers) is provided for informational purposes only and does not represent a change to this Request for Proposal unless noted in the amendment body.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 13-Feb-2009

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 N00033-09-R-8002

X 9B. DATED (SEE ITEM 11)

16-Jan-2009

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 X is extended, 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

13-Feb-2009

CODE

MILITARY SEALIFT COMMAND, N1023

914 CHARLES MORRIS CT SE

WASHINGTON NAVY YARD DC 20398-5540

N00033 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N00033-09-R-8002

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:

AMENDMENT 0002

1. The purpose of this amendment is to incorporate the changes, as detailed below, into the solicitation:

1. In Paragraph 1.1, Glossary of Terms Used in the Performance Work Statement, the definition for Empty Drum is hereby deleted and replaced with the following:

Empty Drum - A container of approximately 209 liters in which there is no more than four (4) liters of residual product.

2. Paragraph 3.3 Package Delivery is hereby deleted and replaced with the following:

3.3 Package Delivery: The Contractor shall deliver packaged lubricants (drum, pail, case) by truck and by barge if product delivery is requested per Paragraph 3.2.2.

3. Paragraph 3.4.7 Failure to Make Delivery is hereby deleted and replaced with the following:

3.4.7 Failure to Make Delivery: If the Contractor fails to deliver an order by the date specified on the order, the Contractor shall be responsible for all additional costs it incurs to effect delivery to the vessel as soon as possible.

4. Paragraph 4.1.2 Customer Service Representative is hereby deleted and replaced with the following:

4.1.2 Customer Service Representative: The Customer Service Representative shall have a minimum of three (3) years experience involving management of customer service functions in the lube oil field.

5. Paragraph 5.5 Program Office is hereby deleted and replaced with the following:

5.5 Program Office: The Contractor shall provide a Program Office capable of conducting business during working hours. The Program Office includes personal computers for the Program Manager, Technical Manager, and Customer Service Representative, which shall have the ability to access the Internet and email. This office shall have the ability to send and receive faxes. The Contractor shall set up an order tracking system on a website available only to the contractor and users authorized by the Contracting Officer or the COR.

6. Paragraph 5.5.1 Point of Contacts and Field Office List Attachment (F), DI-008 is hereby deleted and replaced with the following:

5.5.1 Point of Contacts and Field Office List Attachment (F), DI-008: The Contractor shall provide contact information for the Program Manager, Technical Manager, and Customer Service Representative. This contact list shall include their phone number, fax number, business mailing address, and email address. The Contractor shall also provide and update, on a quarterly basis, a directory of field offices in support of this contract, which shall include phone number, cell phone number, fax number, and email address for all points of contact.

7. In Paragraph 6.1.1 Phase In Services, the fourth paragraph is hereby deleted and replaced with the following:

Within fourteen (14) days after contract award, the Contractor and MSC shall schedule and attend a meeting with the COR, Program Manager, the Technical Manager, and the cognizant MSC personnel in Washington, DC. The Contractor shall participate in a minimum of four, two-day meetings at MSC Headquarters in Washington, DC and one, two-day visit to Norfolk, VA to discuss all aspects of the contract. The cost for phase-in services shall include all expenses (e.g., travel, labor, per diem, compatability tests) associated with the phase-in services, including travel to Washington, D.C. and Norfolk, VA for meetings. Meetings will be documented by the Contractor per Attachment (F), DI- 006.

8. The following is inserted as Paragraph 6.1.2.1:

6.1.2.1 Phase-out Reports.

The Contractor shall provide the following reports during Phase-out Services:

a. A CD of all Service Call Reports.

b. A report compiling all the quarterly report data presented on products and ports.

c. A DO Status Report identifying all expenses recorded against each DO. The report should indicate whether all invoicing has been completed for a specific DO.

9. Paragraph 8.2 Package Size for Lubricants is hereby deleted and replaced with the following:

8.2 Package Sizes For Lubricants: Unless stated otherwise, all lubricants shall be packaged in drums, pails and cases. Greases shall be packaged in pails and cases. Grease cartridges are acceptable only if provided in case-size lots. Pallets shall be restricted to a maximum of 4ft x 4ft x 4ft.

The following standard units shall be used when placing orders for packaged products:

a. Drum: 209 liters

b. Pail: 20 liters

c. Grease by cartridges (priced by the case): kilograms

10. The title of Paragraph 12.6 is hereby deleted and replaced with the following:

12.6 Economic Price Adjustment:

11. Paragraph 12.6.1 Applicability is hereby deleted and replaced with the following:

12.6.1 Applicability: An Economic Price Adjustment (EPA) for lube and grease products shall be applied for each option period. Depending on the product, the EPA shall be based on the Quarter average of the SN500 domestic mean quote published by the ICIS-LOR. EPA shall not be applied to any services.

The pricing structure of the Contract is such that product prices include a non-separately priced amount for Program Management. Consequently, product prices consist of the following two components:

1. The price for the product

2. The price Program Management

The EPA shall not apply to the price for Program Management.

In the event option year pricing for products varies from the base year the Contractor agrees that any difference in price is attributable to changes in the price of Program Management only. The Contractor agrees that it has included no amount in the price of products to account for market contingencies other than those relating to Program Management. The price for products shall change only in correlation with the EPA and, therefore, shall remain fixed if no EPA is warranted. For purposes of EPA calculations, it shall be assumed that 99% of a product’s unit price represents the price for the product and 1% reflects the price for Program Management.

12. In Paragraph 12.6.8 Sample EPA for Products, the New Price Adjusted shall be deleted and shall be replaced with the following:

New PriceAdjusted1 = $5.29

13. Under Attachment A: Worldwide Support Requirements, Ports/Zones for Product Delivery: The first bulleted item shall be deleted and replaced with the following:

• For named ports, the Contractor is responsible for delivering products at the named port listed

(reference Table 1) or any port within the same country within a 50 mile radius of the named port.

14. Under Attachment A: Worldwide Support Requirements, Table 1: Named Ports, “Leonardo, NJ – including Bayonne, Earle,” shall be deleted and replaced with the following:

Leonardo, NJ – including Bayonne

15. The electronic version of “Attachment (E) Rate Table – Revised” is hereby replaced with the attached revised version, titled “Lube Oil Attachment (E) Rate Table – Revised(2).” The most recent revised version includes the following changes:

The System/Nomeclature for all Reduction Gear Oils in each of the four periods was revised to more accurately reflect the proper descriptions.

The System/Nomenclature for line items 05-4, 25-4, 45-4, and 65-4 was revised to more accurately reflect the proper descriptions.

16. Offer Due Date is hereby extended to 1600 EST, 25 February 2009.

2. All other terms and conditions of this solicitation, as amended, remain unchanged.

ATTACHMENT 2

ADDITIONAL QUESTIONS AND ANSWERS

The Government provides the following answers to Offeror’s questions received in response to this solicitation:

Q1: Throughout the solicitation standard drums are listed as 200 liters yet all drums in the U.S and most of the world supply points are 55 gal / 209 liter drums. Can the standard drum size be changed to reflect 209 liters?

A1: Yes, see the above changes to the solicitation.

Q2: Paragraph 3.3 states that packaged lubricants will be delivered by truck. Are packaged lubricants required to be delivered to vessels at anchorage?

A2: See the above changes to the solicitation.

Q3: Paragraph 3.4.1 states the Contractor may be entitled to a surcharge based on actual costs. Is the

Contractor required to provide documentation, or can it be set at the pre-negotiated firm fixed price for that delivery with no documentation required?

A3: Yes, documentation may be required for the parties to negotiate a firm fixed price for that delivery prior to the order being issued.

Q4: Can the minimum order of 400 liters be increased to 800 liters?

A4: No.

Q5: Paragraph 3.4.5, addresses "Environmental Taxes." Can this general wording be changed to reflect the specific name of the tax, and if it is a State tax, the applicable State name as well?

A5: No.

Q6: Paragraph 3.4.7 states "… the Contractor shall be responsible for all additional costs to effect delivery as soon as possible." Can this paragraph be changed to better define “costs to effect delivery as soon as possible."

A6: See the above changes to the solicitation.

Q7: Paragraph 4.1.2 states that the CS rep shall have 5-years experience in the marine field. Why would the CS rep need 5-years of experience while the Program Manager and Technical Manager only need 4-years of experience each?

A7: Yes, see the above changes to the solicitation.

Q8: In accordance with Paragraph 5.5, the Program Office is required to have an order tracking system on a secure website to receive orders. Please define the requirements / definition regarding a secure website.

A8: See the above changes to the solicitation.

Q9: Regarding Paragraph 5.5.1, why does MSC need the locations and POC info for all field offices?

A9: See the above changes to the solicitation.

Q10: Regarding Paragraph 6.1.1: Will the supplier be reimbursed for the cost of compatibility testing of oil samples?

A10: See the above changes to the solicitation. No, it is included in the price for phase-in-services.

Q11: Regarding Paragraph 6.1.2 and the phase-out services requirement, can you please provide better definition?

A11: See the above changes to the solicitation.

Q12: In an earlier draft, Paragraph 6.2 included a statement regarding the reimbursement of any non-refundable expenses incurred by the supplier if a service call was subsequently cancelled by the Government. Is this addressed somewhere else in the solicitation?

A12: Yes, those expenses will be addressed in the same manner as expenses resulting from termination of the contract for the Government’s convenience as described in 52.212-4(l).

Q13: Paragraph 7.1 states that the Government reserves the right to order drum removal during weekends and holidays. This conflicts with the intent expressed in Paragraph 3.4.1. Please consider a revision.

A13: See the above changes to the solicitation.

Q14: Paragraph 7.2.2 addresses Packaged Products not Restocked, does the handling charge described encompass all costs associated with the product return including potential disposal?

A14: Yes, all expected costs shall be included in the rate table under the appropriate Return of Products

Handling Charge line item.

Q15: Paragraph 9.1 addresses permanent product substitution. On an infrequent basis, older generation products are replaced by newer generation products after significant product research and testing of the new product. Can this paragraph be modified to allow for a reasonable price modification for newer products?

A15: No.

Q16: In Paragraph 9.2, the last sentence states that if the proposed substitution is rejected by the

Government and the Government is forced to purchase a substitute product, the Contractor shall be responsible for any reasonable increase in cost to the Government. Request the Government delete this sentence.

A16: No.

Q17: Paragraph 12.1.6 states that the costs of delivering excess quantity will be for the Contractor’s account and not chargeable to MSC. Request this be modified so it is not the Contractor’s cost.

A17: No.

Q18: In Paragraph 12.2 the determination of costs and the subsequent reimbursement of ODCs appears to rest solely with the MSC Contracting Officer. Is there a more equitable solution that is fair to both MSC and the Contractor?

A18: The information is provided by the Contractor, and discussions are held by both parties; however, the Contracting Officer has the final approval.

Q19: What provision provides for an EPA for specialty products during this four year period?

A19: See the above changes to the solicitation.

Q20: In Paragraph 12.6.1, can the SN600 base stock pricing be used instead of the SN500 since the

SN600 is the primary base stock for marine lubricants?

A20: No. 70% of current engine oils are made from SN500 base stocks.

Q21: Regarding Paragraph 12.6.1, taking an average of base stock costs over a 12-month period could almost guarantee that MSC would start each period with a price reduction below actual market price. Can the period be shortened to every 6 months so that it provides a truer market representation?

A21: No, the EPA will be applied only once per year, per paragraph 12.6.1.

Q22: In Paragraph 12.6.2, can the average of SN500 be based on the ratio of volumes listed in

Attachment E? It should be based on the percentage of volume pulled from each of the 3 geographic locations used to compute average SN500 price.

A22: No, the average SN500 price will be computed as currently stated.

Q23: Paragraph 12.6.4 states that the Contractor shall notify the Contracting Officer in writing, of the

SNPrior no later than 60 days prior to the start of each option period. In volatile markets, a lot can happen in 60 days so as not to give an accurate picture of market pricing. Can the period be shortened to 30 days prior to the start of the Option Period?

A23: No, the 60 days is necessary to allow for sufficient time to establish pricing for the option period.

Q24: In Paragraph 12.6.8, on page 33, should the final New Price (adjusted) = $5.29?

A24: Yes, see the above changes to the solicitation.

Q25: As referenced in Attachment A, please define Business Day, i.e. if it is 3 business days, is this from day of order placement or from the first business day after the order was received?

A25: Please refer to Paragraph 10.2.

Q26: As described in Attachment A, the Contractor is responsible for delivering products at the named port listed (reference Table 1) or any port within 50 mile radius of the named port. Is the 50 mile radius of a port limited to the same country?

A26: Yes, see above changes to the solicitation.

Q27: As described in Attachment A, the ports included under Leonardo, NJ include Bayonne and

Earle, NJ. Earle, NJ is the weapons station located in-land in New Jersey and Leonardo is the port that services the weapons station. Please delete Earle, NJ from the port list.

A27: See the above changes to the solicitation.

Q28: As specified in 52.212-1 ADDENDUM, Offeror agrees to hold prices in its offer firm for 210 calendar days from the date specified for receipt of offers. Will quoted pricing be eligible for EPA adjustment at start of the base period to compensate for market changes?

A28: No

Q29: As described in 52.212-1, product data sheets and MSDS for all products proposed under this solicitation shall be provided. Can you please clarify how many copies are required?

A29: The total number of product data sheets that shall be submitted with the proposal is three hard copies and one electronic copy. In addition, the proposal shall include two electronic copies of the MSDS. No hard copies of the MSDS are required.

Q30: Regarding Section 52.212-4, (C) Discounts; how many days apply in the following situation? A partial delivery is made on the delivery date, the vessel sails that day, and the remaining product is available the next day, but the vessel does not return for 30 days.

A30: The Government will receive a discount from the total price of the order (including delivery costs) based on the number of days the order was late. In the example, the remaining lube oil was not delivered to the vessel for 30 days, thus the discount would be calculated based on the maximum of 10 calendar days, assessed only to the portion of the delivery not delivered on time.

(End of Summary of Changes)