12-8002 Amend 1.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:

1. Answ er questions asked by interested parties.

2. Amend Paragraph 12.6 of the Statement of Work.

3. Amend Attachment E Rate Table.

4. Amend the POC from Ms. Jessica Harker and Mr. Steven Galer to Ms. Jessica Chu, phone: 202-685-5947and Ms. Stefani Nick, phone 202-685-5962.

Please see attached.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

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

16C. DATE SIGNED

BY 26-Jul-2012

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 N00033-12-R-8002

X 9B. DATED (SEE ITEM 11)

30-Apr-2012

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

26-Jul-2012

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:

N00033-12-R-8002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

52.212-1 ADDENDUM

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

SUBMISSION PACKAGE

All proposals in response to this solicitation shall be delivered to the address set forth below and shall conform to the following requirements:

Military Sealift Command Attention: Ms. Jessica Chu and Ms. Stefani Nick, Code N1023 914 Charles Morris Ct., SE, Building 157 Washington Navy Yard, DC 20398-5540

The proposal must demonstrate an understanding of and ability to meet all of the requirements set forth in the Statement of Work (SOW) referenced herein. Throughout the proposal, the Offeror shall provide sufficient detail to substantiate the validity of all statements. The Offeror shall demonstrate that the proposal is in compliance with the requirements, terms, and conditions of the solicitation.

Comprehensive responses to the requirements of this solicitation are required to enable the Government to evaluate the Offeror’s understanding of and capability to accomplish the requirements of the PWS. The proposal must clearly demonstrate the Offeror’s ability to meet the requirements of the solicitation and successfully accomplish and manage all requirements of the solicitation. General statements that the Offeror can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or paraphrasing the solicitation’s requirements in whole or in part, will NOT constitute compliance. Failure to conform to any of the requirements of the solicitation may form the basis for rejection of the proposal.

Brochuremanship is not desired; clarity, completeness, and conciseness are essential and the overall quality of the proposal will be evaluated in the context of being representative of the Offeror’s services. An Offeror’s proposal is presumed to represent the best efforts to respond to the solicitation.

Since only the proposal submitted in response to this solicitation will be evaluated, Offerors should make certain that their proposal is complete with regard to the information provided. Data previously submitted, or presumed to be known, e.g., previous projects performed for the Government, will not be considered in the evaluation unless that information is physically contained in the proposal.

Proposals shall be presented in two (2) separately bound volumes:

Volume I (Technical / Distribution Network) Volume II (Past Performance, Small Business Participation, Price, and Solicitation Documents)

Four hard copies of Volume I and one hard copy of Volume II shall be provided. Additionally, one electronic copy each of Volume I and Volume II shall be provided. The electronic copies shall be in either Microsoft Word or Portable Document Format (PDF) and shall be provided on a disk or CD. If there is a discrepancy between the hard copy and the electronic copy, the hard copy will prevail. Volume I shall not contain any pricing data. The pages are to be typewritten, no less than 1 1/2 line spacing, and no smaller than 12 pitch type. Resumes and past performance data may be single-spaced. Volume I shall not exceed 100 pages. Individual resumes shall not exceed two pages per resume. All Offeror documentation, such as foldouts, charts, figures, tables, is included in the 100 page limit.

Resumes, product information/data sheets, and information on distribution networks are not included in the 100 page limit. All material in excess of the page limits will neither be read nor evaluated.

Each volume of the proposal shall be clearly marked as to the volume number, the solicitation number, and the Contractor’s name. Pages shall be numbered consecutively within each volume showing volume and page. For example, page 19 of Volume I would be numbered I-19 and page 10 of Volume II would be numbered II-10.

Offerors are advised that the Government may selectively verify any information provided in the proposal. Offerors are cautioned that they are responsible to ensure that material that they desire to have evaluated for a particular section is contained in that specific section.

VOLUME 1: TECHNICAL

A. Technical Acceptability

To facilitate the evaluation of an Offeror’s compliance with the requirements of the Statement of Work (SOW) and its capability of meeting those requirements, Offerors shall include the information below in their proposals. The evaluation of an Offeror’s technical compliance and capability is separate from the tradeoff evaluation.

1. Lube Oil Products

a. Offerors shall provide a completed Attachment (E): Rate Table, including all product information, except all pricing information shall be deleted.

b. The Offeror shall provide all required documentation necessary to confirm the requirements of the SOW are met. Specifically:

i. Confirmation that all of the offered products in Attachment (E) meet or exceed the technical requirements cited in Attachment (B).

ii. Confirmation that in connection with Attachment (E): Rate Table and the SOW, all package products shall be delivered with at least 50% remaining shelf life.

c. The Offeror shall include a completed copy of Attachment (C): List of Original Equipment Manufacturers. The column labeled OEM Certified Oil shall be completed by the Offeror.

d. Offerors shall also provide the following documents:

i. Product data sheets and MSDS for all products proposed under this solicitation.

2. Management Approach

a. The Offeror shall provide the following documentation in order for the Government to review the company’s organization, management, and staffing plans proposed to perform under this contract:

i. Organization chart that depicts the personnel network worldwide responsible for this contract as per Paragraph 4.0 and 5.5.1 of the SOW. The chart shall depict the responsibilities and authority of the individuals and the reporting relationships among them.

ii. Explanation as to how, and confirmation that, the Program Manager has the authority to direct all foreign field offices to fulfill contract requirements.

iii. Description of order tracking system currently in place or system that will be used to ensure orders are filled and meet contract delivery requirements.

iv. Approach to accomplishing the requirements of the phase-in period and a schedule for completing it within the 120-day period.

v. Explanation as to how the Offeror will ensure its subcontractors fulfill contract requirements.

vi. Statement regarding the number of new products that are not compatible with existing products and the approach for testing compatibility and method for transitioning to new products.

vii. Description of approach for developing a schedule and implementing it for initial service calls to approximately 20 to 30 ships within 270 days of contract award.

viii. Demonstrate a thorough understanding of the Data Item (DI) requirements outlined in the RFP and identify any proposed exceptions or deviations from these requirements.

ix. Confirmation that all corporate entities listed in the organization chart are obligated to perform under the terms and conditions of this contract.

x. Listing of all of the Offeror’s offices, their addresses, POCs, and their email addresses that would be applicable to this contract.

xi. Confirmation that the lube oil handbook, training syllabus, training materials and lubrication chart will be completed during the phase-in period and maintained throughout the contract performance period.

3. Personnel

a. The Offeror shall provide the following documentation in order for the Government to review the personnel proposed to perform under the contract:

i. Resumes for key and non-key personnel, including relevant qualifications, knowledge, education, and experience of those personnel. The Offeror’s proposed personnel (key and non-key) must meet the minimum requirements of the SOW. The Offeror shall also provide letters of intent for all key personnel not currently employed by the Offeror. A letter of intent is signed by the prospective employee stating their intent to accept employment in a stated position with the Offeror if the Offeror is awarded a contract.

b. The Offeror shall confirm the following statements regarding personnel requirements:

i. Key Personnel cannot be removed from the contract without the consent from MSC Contracting Officer, as per Paragraph 4.2.1 of the SOW.

ii. The primary duties of the Program Manager are the support of this contract, as per Paragraph 5.1.1 of the SOW.

4. Delivery

a. The Offeror shall describe their process for obtaining and managing delivery documentation for invoicing, per the requirements of Paragraph 10.1 and FAR 52.212-4 Addendum.

b. The Offeror shall confirm their understanding of or describe their approach to meeting the following statements regarding product delivery under this contract:

i. The Government is not obligated to pay for delivered products or services that the Government did not request, as per Paragraph 12.1.6.

ii. The Customer Service Representative and Technical Manager are available during shut down/holiday periods and that orders will continue to be processed as if all facilities are open for business.

iii. Products and data items that are delivered late or not at all will be subject to the deductions as stated within FAR 52.212-4 Addendum.

iv. Any product covered under this contract not available in the named port or zone port delivery areas identified by the contract will be shipped at the Offeror’s expense using expeditious transportation means to meet the delivery time frames established by this contract.

v. MSC is not only requiring the products but also the guarantee that all products will be available within the time frames required by Attachment (A).

B. Tradeoff

Factor 1: Distribution Network

Offerors shall explain the ability of their proposed networks to distribute supplies worldwide in accordance with the requirements set forth in the SOW. At a minimum, Offerors shall provide the following information regarding their distribution network:

a) Description of the proposed distribution network, including the following:

Delivery arrangements Overall approach to ensuring the complete and timely delivery of all orders Experience operating such networks

b) Listing of ports served by the Offeror pursuant to normal commercial activities.

c) Description of the Offeror’s capability to support deliveries in ports NOT supported by normal commercial activity but specified as named ports in Attachment (A).

d) Description of the Offeror’s manufacturing process and inventory procedures, including the following:

List of worldwide manufacturing facilities, warehouses, and stock points Stock control procedures Planned stocking levels Description on how inventory is rotated, inspected and tested to ensure quality

e) Explanation of how orders will be fulfilled for named ports and zones. The Offeror shall also list the source from where the stocks will be furnished and the transportation mode to the named port.

f) Description of any expected constraints or limitations regarding the types and/or quantities of products that the Offeror can deliver in any port worldwide within the required timeframe and an explanation how the Offeror plans to address such constraints or limitations to ensure complete and timely delivery. Constraints include local government restrictions/taxes that would prohibit and/or add additional fees that MSC would incur for vendor deliveries.

g) Description of the normal work week and local holiday shut down periods that the Offeror recognizes at each location OCONUS and description on how the Offeror plans to make timely deliveries during the shut down/holiday periods at these OCONUS locations

h) Description of any present business activities or the planning (including custom laws) required to establish a presence in Japan, Guam, Singapore, and the Philippines to support the timely delivery of products.

i) Description of the impact of Japanese customs laws upon Offeror’s products.

j) Description of any present business activities in Thailand and Vietnam.

VOLUME II: PAST PERFORMANCE, SMALL BUSINESS PARTICIPATION, PRICE, and SOLICITATION

DOCUMENTS

Factor 2: Past Performance

Offerors are requested to provide information on up to three (3) Government contracts whose effort is/was recent and relevant to the effort required by this solicitation.

a. “Recent” is defined as a contract in-progress or completed within the last five (5) years. If the offeror has not had three (3) Government contracts within the last five (5) years, information on recent and relevant subcontracts and/or commercial contracts may be submitted.

b. “Relevant” is defined as a contract that is of similar scope, magnitude, and complexity to the requirements as set forth in this solicitation.

i. Scope: Experience in the areas defined in the PWS.

ii. Magnitude: The measure of the similarity of the volume, dollar value and/or duration of the work actually performed under the offeror’s submitted contracts to the PWS.

iii. Complexity: The measure of the similarity of technical difficulty, managerial intricacy and/or required coordination of efforts and disciplines performed by the offeror in its submitted contracts to the PWS. For complexity, not only will the tasks performed by the offeror be considered, but also the offeror’s ability to coordinate tasks (e.g., concurrent performance requirements).

A Past Performance Data Sheet Exhibit (1) is requested to be submitted for each contract to be considered as past performance. Offerors shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of this solicitation; a detailed description of the work performed for the contract; and the role performed, including whether the offeror acted as a prime contractor or a subcontractor. Offerors are responsible for the accuracy of all data provided. Past performance information regarding predecessor companies, key personnel who have relevant experience and subcontractors that will perform major or critical aspects of the requirement may be provided as past performance submissions.

For each of the contracts the offeror describes in a Performance Data Sheet Exhibit (1), the offeror is requested to provide a Past Performance Questionnaire Exhibit (2) to a reference at the organization that awarded the contract. It is requested that the reference, not the offeror, email or fax the completed Past Performance Questionnaire Exhibit

(2) BEFORE THE DUE DATE FOR PROPOSALS directly to Ms. Jessica Chu and Ms. Stefani Nick, Military Sealift Command, 914 Charles Morris Court SE, Washington Navy Yard DC 20398-5540, e-mail:

jessica.chu@navy.mil and stefani.nick@navy.mil; Fax Number: (202) 685-5965. The offeror, NOT THE GOVERNMENT, is responsible for ensuring that the Government receives a sufficient number of questionnaires.

All offerors are required to address historical compliance with the requirements of FAR Part 52.219-8 (Utilization of Small Business Concerns) in the Performance Data Sheet Exhibit (1). In addition, large businesses shall address historical compliance with the requirements of FAR Part 52.219-9 (Small Business Subcontracting Plan) and DFARS 252.219-7003 (Small Business Subcontracting Plan, DOD Requirements.) in the Performance Data Sheet Exhibit (1).

Factor 3: Small Business Participation

It is the policy of the U.S. Government to provide maximum practicable opportunities in its acquisitions to small business concerns, to include veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business and women-owned small business. Such concerns must also have the maximum practicable opportunity to participate as subcontractors in the contracts awarded by the executive agency, consistent with efficient contract performance.

NOTE: THIS FACTOR IS DISTINCT FROM THE SMALL BUSINESS SUBCONTRACTING PLAN AND IS

REQUIRED OF ALL OFFERORS REGARDLESS OF SIZE STATUS.

All offerors must provide a Small Business Participation Plan that addresses the offeror’s approach to securing small business participation as reflected in the following areas:

(1) Provide a percentage (%) of the total effort to be performed by large and small businesses. Provide a description of how those percentages were developed (e.g., market research, past experience with similar efforts, and common practices within the commercial marketplace for similar requirements).

(2) Provide a description of additional efforts that will be undertaken to develop opportunities for small business concerns.

(3) Describe your current and planned proposed range of services and supplies that will be provided by small business concerns under any resulting contract. Provide the names of specific small business firms that will be providing the current and planned proposed range of services and supplies under any resulting contract or specific small business firms that will be targeted in the future. Delineate the socio-economic status (e.g., SDVOSB) of each.

Factor 4: Price

All information relating to price data shall be included in Volume II. The price proposal shall cover all aspects of the proposed effort. Data contained in the price proposal shall be consistent with data contained in Volume 1. The price data shall support the level of resources (products and services) required to complete the requirements of this solicitation.

Offerors shall complete Attachment (E), a Microsoft Excel spreadsheet. Offerors shall fill in the columns labeled Product Name/Description and Unit Price.

Offerors are advised that a nominal initial service call duration is approximately eight (8) hours.

Offerors are reminded in accordance with the EPA clause, if option prices vary from base year prices, such variation shall be reflective of Program Management costs rather than the costs associated with the lube oil products.

Submit price information in the formats provided in Attachment (E) in hard copy and on a CD as Microsoft Excel files by the solicitation closing date for receipt of proposals. Attachment (E) can be downloaded at www.msc.navy.mil under Contracts. Select Requests for Proposal/Quotation and search for N00033-12-R-8002.

SOLICITATION DOCUMENTS

Section A – Proposal Cover Letter

The following information shall be provided on the proposal cover letter:

Authorized Offeror Personnel: Provide the name, title, telephone number, facsimile number, and e-mail address of the individual who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government and who can answer questions regarding your proposal.

Company/Division Street Address: Provide company/division’s street address, county and facility code; size of business (large or small); and labor surplus area designation.

Company/Division’s Data Universal Numbering System (DUNS) number and Commercial and Government Entity (CAGE) Code.

Section B – Signed SF 1449, Acknowledge Amendments (if applicable), and Other Documents

Include in this section a signed SF 1449, and completed Representations and Certifications in FAR 52.212-3 and DFAR 252.212-7000. Offerors must also acknowledge receipt of all RFP amendments. Offerors must state that their proposals shall remain valid for at least 240 days.

Section C – Subcontracting (as applicable)

In accordance with FAR 52.219-9 and DFARS 252.219-7003, large business offerors shall submit a Small Business Subcontracting Plan with their proposal. Offerors shall ensure that they submit a Small Business Subcontracting Plan with all of the information required by FAR 52.219-9.

In preparing the Small Business Subcontracting Plan, offerors should note that historical compliance with FAR 52.219-8 and FAR 52.219-9 may be evaluated as part of Past Performance in future source selections.

A subcontracting plan is NOT REQUIRED from small business concerns and will not be evaluated.

Section D – Exceptions to the RFP (if applicable)

Offerors are to clearly detail any exceptions taken and the rationale for the exceptions taken to the RFP in this section. Please note that exceptions taken to the RFP may render the Offeror’s proposal unacceptable to the Government.

QUESTIONS

Questions regarding this solicitation shall be submitted in writing via e-mail to Ms. Jessica Chu (e-mail address:

jessica.chu@navy.mil). The deadline for questions is 25 June 2012.

(End of Clause)

ATTACHMENTS

EXHIBIT (1)

PAST PERFORMANCE DATA

1. Complete Name of Reference (Government agency, commercial firm, or other organization)

2. Complete Address of Reference

3. Contract Number or other control number

4. Date of contract

5. Date work was begun

6. Date work was completed

7. Contract type, initial contract price, estimated cost and fee, or target cost and profit or fee

8. Final amount invoiced or amount invoiced to date

9a. Reference/Technical point of contact (name, title, address, telephone

no. and email address)

9b. Reference/Contracting point of contact (name, title, address, telephone no. and email address)

10. Location of work (country, state or province, county, city)

11. Current status of contract (choose one):

[ ] Ongoing [ ] Complete [ ] Terminated for Convenience [ ] Terminated for Default [ ] Other (explain)

12. Provide a summary description of contract work. Describe the scope and complexity of work, its relevancy to the efforts to be performed under this solicitation and a description of any problems encountered and your corrective actions. Additional details, to include past performance information regarding predecessor companies, key personnel who have relevant experience and subcontractors that will perform major or critical aspects of the requirement can be attached to this form, but shall not exceed two (2) pages in length.

13a. Did this contract require a Small Business Subcontracting Plan pursuant to FAR 52.219-9? Yes __, No__.

13b. If “Yes” to 13a, have you regularly submitted your reports in the Electronic Subcontract Reporting System (ESRS) in a timely manner? Yes __, No__.

If no, why not?

14. All offerors should address historical compliance with the requirements of FAR Part 52.219-8 (Utilization of Small Business Concerns) for government contracts. In addition, large businesses shall address historical compliance with the requirements of FAR 52.219-9 (Small Business Subcontracting Plan) and DFARS 252.219-7003 (Small Business Subcontracting Plan, DOD Requirements).

PERFORMANCE QUESTIONNAIRE

TO: FACSIMILE:

PHONE: EMAIL:

INFORMATION REQUEST

Military Sealift Command (MSC) is currently in the process of soliciting offers for a contract.

____________________ has provided your name and organization as a reference regarding their record of past performance under Contract No. ___________________. Specifically, we are looking for performance information in the following areas:

a.) Quality of Product or Service b.) Timeliness or Scheduling of Service/Deliveries c.) Business Relations/Customer Satisfaction d.) Key Personnel and Staffing (Including Subcontractors)

In order for our team to compile its evaluation, we request that you complete the attached questionnaire and email it, and any other pertinent information, by BEFORE THE CLOSING DATE OF THIS SOLICITATION (24 August 2012 at 2:00 PM) to Jessica Chu at jessica.chu@navy.mil AND Stefani Nick at stefani.nick@navy.mil.

Information can also be sent via facsimile to the attention of Jessica Chu AND Stefani Nick at (202) 685-5965.

Any relevant information you have would be vital in our assessment of the aforementioned Contractor.

Thank you, Jessica Chu Contract Specialist

For your convenience, a cover sheet for use in mailing/faxing is provided below.

Military Sealift Command Attn: Jessica Chu / Stefani Nick 914 Charles Morris CT SE Washington Navy Yard DC 20398-5540

From: (Name and Address of Organization) __________________________________________________

(Point of Contact Name)

(Facsimile/Phone Number) __________________________________________________ (E-mail Address) __________________________________________________

To (Point of Contact Name) Jessica Chu / Stefani Nick

(Facsimile Number) (202) 685-5965 (E-mail Address) jessica.chu@navy.mil / stefani.nick@navy.mil

CONTRACTOR PERFORMANCE QUESTIONNAIRE

CONTRACTOR NAME: CONTRACT NUMBER:

EVALUATION PERIOD: DELIVERY ORDER NO.:

1. Please describe the service/supply provided by the Contractor for your organiation.

2. Please provide ratings and comments regarding the Contractor’s performance in each area below using the following ratings: Exceptional, Very Good, Satisfactory, Marginal, or Unsatisfactory. See next page for definition of ratings. For ratings of “Exceptional” or “Unsatisfactory,” please provide a brief explanation.

EXCEPTIONAL VERY GOOD SATISFACTORY MARGINAL UNSATISFACTORY

OVERALL PERFORMANCE

RATING

Please provide an overall rating of the Contractor’s performance for the referenced contract/delivery order.

a.) Quality of Product or Service:

Conformance to contract requirements, appropriateness of personnel, accuracy of reports, and technical excellence b.) Timeliness or Scheduling of Supplies/Deliveries: Timeliness of performance, met interim milestones, reliable, responsive to technical and contractual direction as to scheduling.

c.) Business Relations/Customer Satisfaction: Effective management, prompt notification of problems, reasonable/cooperative behavior, proactive, timely award and management of subcontracts, effective small business/small disadvantaged business subcontracting program and satisfaction with Contractor’s service.

d.) Key Personnel and Staffing (Including Subcontractors):

Qualified personnel, effective performance and conduct.

3. Would you hire this Contractor to provide supplies/services for your organization in the future? Yes No Please provide comments using additional pages if desired.

Signed:__________________________________

DEFINITION OF RATINGS FOR PAST PERFORMANCE

Exceptional Performance meets/met contractual requirements and exceeds/exceeded many to the customer’s benefit. The element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

Very Good Performance meets/met contractual requirements and exceeds/exceeded some to the Customer’s benefit. The element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

Satisfactory Performance meets/met contractual requirements. The element being assessed contains some minor problems for which corrective actions taken by the contractor appear to be or were satisfactory.

Marginal Performance does not/did not meet some contractual requirements. The element being assessed reflects a serious problem for which the contractor has not yet or did not identify corrective actions.

Unsatisfactory Performance does not/did not meet most contractual requirements and if currently being performed, recovery is not likely in a timely manner. The element being assessed contains a serious problem(s) for which the contractor's corrective actions appear or were ineffective.

STATEMENT OF WORK

12.6 Economic Price Adjustment:

12.6.1 Applicability: An Economic Price Adjustment (EPA) for lube and grease products shall be applied every three (3) months for the life of the contract. Depending on the product, the EPA shall be based on the Quarter (3 month) average of the SN500 domestic mean quotes 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. Also, many lubes and greases have varying amounts of base oil and chemical additives.

Consequently, product prices consist of the following two components:

1. The price for the product

2. The price for 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.

The EPA shall be applied every three (3) months, with the first adjustment, if any, to be made at contract award.

12.6.2 Definitions for EPA Calculations:

PriceBase The product price at contract inception, as per Attachment (E).

New PriceAdjusted The product price for the upcoming three month period rounded to the nearest penny.

SN Quarter average (three months) of the SN500 domestic mean quotes published by the ICIS-LOR for each of the three regions: US, Asia and Europe as defined below:

US: ICIS US Gulf CIF Cargo SN500 Spot M (Daily Spot)

Asia: ISIC Sing FOB Cargo SN500 Spot M (Daily Spot)

Europe: ICIS new FOB Cargo SN500 Spot M (Daily Spot)

SNBase Average to be used for proposal submission.

SNPrior The average of the prior 3 month SNs, ending one (1) months before the start date of the new pricing period.

PriceX The product price for the Option Year X, as per Attachment (E).

12.6.3 Base Period and Prior Period: The SNBase is the average SN for the month stated in the proposal January 2009 (SNBase $885.51).

The SNPrior is the average of the index for the previous three (3) months, ending one (1) month before the start date of the next three month pricing period. For example, the SNPrior for the three month period commencing 01 March 2014 will be based on the average index and prices for the time period from November 2013 through January 2014.

12.6.4 Notification: The Contractor shall notify the Contracting Officer in writing, of the SNPrior no later than 15 days prior to the start of each pricing period. The notification shall include a copy of the SN index and the calculations to determine the change, if any, in the unit price(s) organized in the same sequence as Attachment (E).

12.6.5 Calculation for Product Pricing: The product prices will be reviewed four times each year for the upcoming three months and will be adjusted based on the formula below:

A = PriceBase + (([SNPrior / SNBase] – 1) * PriceBase * 0.99)

B = A – PriceBase + PriceX

New PriceAdjusted = B

12.6.6 Effective Date: Price increases or decreases under any contract modification shall take effect with the first delivery order issued during the applicable pricing period.

12.6.7 Substitution of Benchmark for Reference Values: In the event that ICIS-LOR ceases to publish the referenced index for products, the parties shall negotiate the substitution of a comparable benchmark for products.

12.6.8 Sample EPA for Products: This sample shows the calculations necessary to determine an EPA for a product for the first pricing period. Product prices, and indices do not reflect actual data.

Step 1: Refer to Attachment (E) to locate applicable prices:

PriceBase: $5.00/liter

Price1: $5.08/liter

Step 2: Determine the SN:

SNBase: 810

SNPrior: 845

SNPrior / SNBase = 1.043

Step 3: Calculate the price adjustment for the product:

A = PriceBase + (([SNPrior / SNBase] – 1) * PriceBase * 0.99)

A = $5.00 + ((1.043 - 1) * 5.00 * 0.99)

A = $5.21

Step 4: Calculate the new adjusted price for the product for the First Pricing Period:

B = A – PriceBase + PriceX

B = $5.21 – $5.00 + $5.08

B = $5.29

New PriceAdjusted1 = $5.29

(End of Summary of Changes)