N39430-14-R-1405_Amendment_0007.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

N39430-14-R-1405 INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ) MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR PETROLEUM, OILS AND LUBRICANTS (POL) FUEL SYSTEMS AT VARIOUS LOCATIONS WORLDWIDE.

The purpose of this Amendment is to incorporate changes to the Solicitation/RFP and to provide answers to Pre Proposal Inquiries.

All other terms and conditions apply.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY 02-Apr-2014

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 N39430-14-R-1405

X 9B. DATED (SEE ITEM 11)

28-Jan-2014

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

02-Apr-2014

CODE

NAVFAC EXWC

CODE ACQ / NAVAL BASE VENTURA COUNTY

1100 23RD AVE BLDG 1100

PORT HUENEME CA 93043-4301

N39430 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N39430-14-R-1405

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been modified, changes are highlited in Blue:

SECTION - 00210

I. EVALUATION FACTORS FOR AWARD

1. The solicitation requires the evaluation of price and the following non- price factors and sub-factors:

Factor 1 – Corporate Experience Factor 2 – Management Approach Factor 3 – Key Personnel Factor 4 – Project Execution Approach Factor 5 – Safety Factor 6 – Small Business Utilization

Sub-factor 6.A. – Past Performance in Utilization of Small Business Concerns Sub-factor 6.B. – Small Business Participation Factor 7 – Past Performance

Past performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts.

The distinction between corporate experience and past performance is corporate experience pertains to the types of work and volume of work completed by a contractor that are comparable to the types of work covered by this requirement, in terms of size, scope, and complexity.

2. The relative order of importance of the non- price evaluation factors and sub-factors is the technical factors (Factors 1, 2, 3, 4, 5 and 6 and their respective sub-factors) are of equal importance to each other respectively, and, when combined, are equal in importance to the past performance evaluation performance confidence assessment (Factor 7). When a proposal is evaluated as a whole, the technical factors and past performance/performance confidence assessment factor (the non- price evaluation factors) when combined are approximately equal to price.

The importance of price will increase if the Offerors’ non- price proposals are considered essentially equal in terms of overall quality, or if price is so high as to significantly diminish the value of a non- price proposal’s superiority to the Government. Award will be made to the responsible Offeror(s) whose offer conforms to the solicitation and represents the best value to the Government, price and non-price factors considered.

Utilizing the same evaluation criteria for evaluation purposes, the Source Selection Evaluation Board (SSEB) will document the proposal evaluation findings as follows:

Non-Price and Price Evaluation Findings will be documented in four (4) separate matrixes.

Non-Price Evaluation Findings:

1. One (1) matrix for Unrestricted Business

2. One (1) matrix for Small Business

Price Evaluation Findings:

1. One (1) matrix for Unrestricted Business

2. One (1) matrix for Small Business

The best value decision will be based on a comparative assessment of proposals against all source selection criteria established in this Solicitation Evaluation Criteria and Source Selection Plan. The Government intends to make award to offerors submitting the proposals determined to represent the best value and those proposals most advantageous to the Government, price and other factors considered. The government anticipates awarding approximately six (6) IDIQ contracts under the MACC, with approximately three (3) of the contracts reserved for small business firms. The remaining awards will go to the three best offers regardless of business size.

The Price Factor evaluation will be provided to the Technical Evaluation Team Board after evaluation of all non-price factors other than Past Performance has been completed and evaluation findings have been documented.

The following have been modified, changes are highlited in Blue:

SECTION - 00210

(7) Factor 7, PAST PERFORMANCE:

Note: Past performance relates to how well a contractor has performed on relevant project.

(i) Solicitation Submittal Requirements:

The Offeror shall submit their proposed key team members’ (i.e. key subcontractor or JV entity) past performance on the work experience identified in Factor 1 (Corporate Experience). If a completed Construction Contractor Appraisal Support System (CCASS) evaluation is available, it should be submitted with the proposal. If there is not a completed CCASS evaluation, 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 1 (Corporate Experience) AN

OFFEOR SHALL NOT SUBMIT A PPQ WHEN A COMPLETED CCASS IS AVAILABLE.

The blank Past Performance Questionnaire (PPQ) included in the solicitation (Attachment 1) is provided for the offeror to submit for each project the offeror includes in its proposal for Factor 1, (Corporate Experience), up to a total of (5) five questionnaires for which no CCASS evaluation is available. If a PPQ is submitted, the offeror shall ensure the correct contact phone number is provided. It is recommended that offerors follow-up with PPQ clients/references to ensure timely submittal of questionnaires. If the client/reference requests, PPQ questionnaires may be submitted directly to the Government’s point of contact, Gloria Quintero via email at gloria.quintero@navy.mil, prior to proposal closing date.

If an 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 their proposal the first page of the PPQ (Attachment 1), which will provide contract and client information for the respective project(s). The Government may make reasonable attempts to contact the client noted for that projects(s) to obtain the PPQ information requested. However, offerors should follow-up with clients/references to help ensure timely submittal of questionnaires. 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.

The offeror may also include performance recognition documents received within the last seven (7) years such as awards, customer letters of commendation, and any other forms of performance recognition.

Offeror’s shall provide an explanation of any past performance problems on these projects and corrective action taken. The offeror shall submit their explanation of any past performance problems for the projects submitted under Factor 1 in a narrative. The narrative will be page counted and should be submitted after the relevant past performance questionnaire.

(ii) Basis of Evaluation:

Offerors shall be evaluated on the degree to which past performance evaluations and all other past performance information reviewed by the Government (e.g., PPIRS, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), performance recognition documents, and information obtained from any other source) reflect a trend of satisfactory performance considering:

- A pattern of successful completion of tasks;

- A pattern of deliverables that are timely and of good quality;

- A pattern of cooperativeness and teamwork with the Government at all levels (task managers, contracting officers, auditors, etc.);

- Relevancy of tasks performed that are identical to, similar to, or related to the solicitation requirements; and

- How well the contractor performed on the contracts

- A respect for stewardship of Government funds

Offerors lacking relevant past performance history will not be evaluated favorably or unfavorably in past performance. However, the proposal of an offeror with no relevant past performance history, while rated Unknown Confidential (Neutral) in past performance, may not represent the most advantageous proposal to the Government.

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 PPIRS using CAGE/DUNS numbers of team members (partnerships, joint ventures, teaming arrangement, or parent company/subsidiary/affiliates) identify in the offeror’s proposal, inquiry of owner representative(s), and any other know sources not provided by the offeror. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate, and complete past performance information rests with the offeror.

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

SECTION 00803

SECTION 00803

TASK ORDER ISSUANCE PROCEDURES

1. GENERAL

a. When the Government requires work under the contract, a Request for Quote (RFQ) or Request for Proposal (RFP) will be issued as appropriate. RFQ/RFP will normally be issued electronically by email but may be placed via mail, telephone, facsimile, or other electronic means.

b. Task Orders will be awarded on DD Form 1155 (Order for Supplies or Services). Task Orders will be placed in a sequential numbering system, which relate back to the basic contract number and the assigned Proposed Task Order (PTO) Number.

c. The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs, except as authorized by duly executed Task Orders.

d. Each Task Order shall include as a minimum:

(i) Date of order.

(ii) Contract number and order number.

(iii) Contract item number and description, quantity, and unit price or estimated cost.

(iv) Delivery or performance schedule.

(v) Place of performance.

(vi) Any packaging, packing, and shipping instructions.

(vii) Accounting and appropriation data.

(viii) Method of payment and payment office.

e. Modifications to Task Orders will be issued on Standard Form (SF) 30.

f. Each Contractor is required to submit a reasonable number of good faith proposals for PTOs.

Contractors are not obligated to propose on all Task Orders; however, they are required to contact the Contracting Officer within two (2) days of notification if they cannot participate in the walk through or submit an offer. Failure to provide this notification may impact future consideration for PTOs and exercise of an option.

g. In accordance with FAR 16.505(a)(9), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract; or a protest of an order valued in excess of $10,000,000.

2. COMPETITION

a. Competition for issuance of Task Orders is limited to those awardees under this contract. Task orders estimated at a value of $1,000,000 or less to be performed within the 50 United States will be reserve for the small business MACC holders only. Small Business Set Aside task orders will be competed amongst small businesses, if less than two Small Business MACC holders respond to the request for task order proposal (RFTOP), a new RFTOP will be solicited from all MACC holders.

b. Task order over $1,000,000 or OCONUS will be competed among all MACC holders. All awardees will be given a fair opportunity to be considered for each Task Order unless the Contracting Officer applies one of the exceptions noted below. Upon determining the need to issue a Task Order, all awardees will be considered equally against the stated criteria. In the case of a task order in excess of $5,000,000, the requirements to provide all contractors a fair opportunity to be considered under 10 U.S.C Sec. 2304c(b) is not met unless all such contractors are provided, at a minimum, a notice of the task order that includes a clear statement of the agency’s requirements; a reasonable period of time to provide a proposal in response to the notice; disclosure of the significant factors and subfactors, including cost or price, that the agency expects to consider in evaluating such proposals, and their relative importance; in the case of an award that is to be made on a best value basis, a written statement documenting the basis for the award and the relative importance of quality and price or cost factors; and an opportunity for a post-award debriefing consistent with the requirements of section 2305(b)(5) of Title 10, United States Code.

c. Unless one of the exceptions noted below applies, each Task Order will be awarded, as a result of competition to the contractor whose offer is the most advantageous to the Government considering the criteria specified.

d. The Contracting Officer reserves the right to make award of a Task Order without competition based upon:

(1) One of the circumstances described below:

(i) The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays;

(ii) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;

(iii) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or

(iv) It is necessary to place an order to satisfy a minimum guarantee; or

(v) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644 (r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns indentified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

(2) A statute expressly authorizes or requires that the purchase be made from a specific source.

3. REQUIREMENT FOR PROPOSALS

a. Task Orders will be firm fixed price with a specific completion date or performance period and clearly define the specific services to be performed or the performance desired. When Options are included in the Schedule, the Task Order will specify the number of days after award for exercising the Options. Each Task Order will contain applicable clauses and provisions. All Task Orders are subject to the terms and conditions of this contract. In the event of conflict between a Task Order and this contract, the contract will control, except as otherwise noted in the contract documents. The Government reserves the right to incorporate additional clauses, as appropriate, into individual Task Order solicitations and awards.

b. Task Orders may be awarded on the basis of Price only; Best Value: lowest price technically acceptable (LPTA); or Tradeoff Process. For non-complex design-bid-build or design-build requirements with a value of less than $10 million and that do not necessarily require a technical factor, price only shall be evaluated. As a minimum, price shall be evaluated on all MACC Task Orders. Past Performance on earlier MACC Task Orders should be considered in all award decisions. The basis for award will be stated in the PTO. Whenever possible, award will be made without discussions. If discussions are required, each contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

c. Task Order projects may be non-complex performance oriented tasks requiring minimal design, may be complex construction requiring design development for design-build construction, or a combination thereof. Projects will be varying in size and complexity. The Task Orders may be written based on a Government/Contractor Team cooperative scoping of the work in order to develop a mutually agreed upon Statement of Work. The Task Order may or may not have traditional plans and specifications but may include sketches, and requests for catalog cuts, and other submittals.

d. Price: Each PTO will indicate the detail of pricing information to be provided. Normally, a competitive PTO will require only a lump sum or unit price offer, but the Contracting Officer reserves the right to obtain a more detailed cost breakdown of labor, materials, equipments, overhead, and profit at any time. In case of discrepancy between a unit price/cost and an extended price/cost, the unit price/cost will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

e. Technical proposals, if required, may address one or more of the following factors:

- Design

- The contractor’s technical understanding of the work.

- The most efficient and effective plan to accomplish the work.

- Rationale for proposed materials, type and quantities

- Key Personnel/Major Subcontractor

- Sustainable design features

- Total ownership costs

f. Oral presentations may be used to substitute for, or augment, written information and are subject to the same restrictions as written information.

g. Design Build Task Order: A RFP may be issued with the Target Award Amount/Contract-to- Budget Amount for design and construction along with, but not limited to, a Statement of Work, Design Criteria and or concept design. The contractors may be requested to submit a concept design along with a price proposal. Task Orders will be issued with a firm fixed price for design and construction. It is the Contractor’s responsibility to design the project so that it can be constructed within the fixed price contract value. Failure to do so is at the Contractor’s risk.

4. SELECTION CRITERIA

One or more of the following criteria in addition to Price or Cost may be considered when contractors compete for award of a Task Order:

(a) Experience

(b) Safety

(c) Technical Solution

(d) Schedule

(e) Past Performance

5. RATING SCHEME AND DEFINITIONS:

If Best Value Tradeoff Process or Lowest Price Technically Acceptable Process is used to award a Task Order, the rating scheme and definitions will be specified in the Task Order RFP.

The following have been modified:

NAVFAC Form 4330-43 has been modify (Excel cells B51 and L61) as follows:

Delete: “The Subcontractor Items of Work schedule, above, should be completed for each separate subcontractor and included in the offeror’s price proposal”

Replace by: “The final awardee will be requred to complete and submit the Subcontractor schedule, above, for each separate subcontractor included in the awardee's price proposal”.

(End of Summary of Changes)