N00033-09-R-8002 Amendment 0003.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 3 (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 4

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

16C. DATE SIGNED

BY 20-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 is extended, X is not extended.

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

20-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 0003

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

1. In Paragraph 3.4.1 Delivery Surcharge for Expedited and Holiday/Weekend Delivery is deleted and replaced with the following (changes in bold):

3.4.1 Delivery Surcharge for Expedited and Holiday/Weekend: The Contractor shall be entitled to collect a firm fixed price:

• Expedited delivery surcharge for each instance in which the order lead time provided by the Government is less than the minimum delivery time period specified in the contract for the applicable named port or geographic zone.

• Special delivery surcharge for each instance in which the delivery date requested by the Government falls on a Saturday, Sunday, or local holiday. Local holidays shall be limited to those holidays officially recognized by the national Government for the specific country involved.

The Contractor may only collect for expedited and holiday/weekend surcharge in those instances when:

• Expedited delivery OR delivery on a weekend/holiday was requested by the Government for the convenience or benefit of the Government AND

• Expedited delivery OR delivery on a weekend/holiday was successfully completed on the date requested by the Government.

In a situation in which an expedited delivery falls on a weekend/holiday, the Contractor shall be entitled to collect both the expedited and holiday/weekend surcharges.

The Contractor shall not be obligated to provide expedited deliveries OR deliveries on weekends/holidays, but to only make best efforts.

Contractor shall not incur any penalties for failure to be able to accommodate requests for expedited delivery or for failure to be able to accommodate requests for weekend or local holiday deliveries (i.e., the consequences of failure to order products and services in a more timely manner is the Government's risk); however, the Contractor will remain liable to make delivery as outlined in Attachment A.

The cost of expeditied delivery necessitated by the Contractor's failure to maintain adequate local stock inventories or adequate just-in-time manufacturing/stock management/delivery arrangements, shall be solely the responsibility of the Contractor, provided the Government has provided adequate order lead time for the main port or geographic zone involved.

2. Paragraph 5.5 Program Office is hereby deleted and replaced with the following (changes in bold):

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, on which MSC information or data is only available to MSC authorized users identified by the Contracting Officer or the COR.

3. Paragraph 7.1 Empty Drums is hereby deleted and replaced with the following (changes in bold):

7.1 Empty Drums

When so directed by an order, the Contractor shall remove empty drums furnished by the Contractor under that or a previous order. Drum removal shall normally be coordinated during the workweek;

however, the Government reserves the right to order drum removal during weekends and holidays.

The Contractor shall not be obligated to remove empty drums on weekends/holidays, but to only make best efforts.

The Contractor may only collect the applicable drum removal surcharge in those instances when empty drum removal was requested by the Government for the convenience or benefit of the Government AND drum removal was successfully completed on the date requested by the Government.

4. Under FAR Clause 52.212-4 ADDENDUM, the second line which currently reads as follows is hereby deleted:

“52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (SEPT 2005)

(ADDENDUM)”

5. Under FAR Clause 52.212-4 ADDENDUM, Paragraph (F) Excusable Delays, number 2 is removed.

Therefore, Paragraph (F) Excusable Delays is hereby deleted and replaced with the following:

(F) Excusable Delays

The following shall not constitute excusable delay:

1. Any breakdown, inefficiency, overflows, or any other condition whatsoever preventing the fitness of the delivery vehicle/barge for the service contemplated and not due to the fault of the Government.

2. The truck/barge owner-prohibiting loading or discharging.

3. Escape or discharge of oil or other pollutants from the truck/barge or the threat thereof.

4. Moving from a waiting place to the receiving vessel.

5. Awaiting oil boom to be deployed when required and provided by the Contractor.

6. FAR Clause 52.228-3 is hereby be incorporated by reference. See below.

7. FAR Clause 52.252-2, which is currently included by reference, is hereby incorporated by full text.

See below.

8. The electronic version of “Lube Oil Attachment (E) Rate Table – Revised(2)” is hereby replaced with the attached revised version, titled “Lube Oil Attachment (E) Rate Table – Revised(3).” The most recent revised version includes the following changes:

The Unit of Issue, Est. Quantity, Unit Price, and Total for line items 14-2, 14-3, 34-2, 34-3, 54-2, 54-3, 74-2, and 74-3 were revised to reflect the above changes to Paragraph 3.4.1 Delivery Surcharge for Expedited and Holiday/Weekend Delivery.

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

ATTACHMENT 3

ADDITIONAL QUESTIONS AND ANSWERS

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

Q1: Can MSC provide a list of ports visited for the past three years?

A1: Yes, please see the attached Excel file titled “Ports Visited Since Oct 2005”

Q2: Paragraph (F) of 52.212-4 ADDENDUM lists a number of circumstances that do not constitute excusable delays. Request MSC delete all listed delays that are outside of the control of the Contractor.

A2: See the above changes to the solicitation.

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by reference:

52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984

The following have been modified:

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquistion.gov/far

(End of clause)

(End of Summary of Changes)