15-3000_AMEND_6.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 update the Fuel tab in Attachment B-1, update fuel prices in Section M, and extend the due date and time for proposals. Please see attached.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY 04-Mar-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 N62387-15-R-3000

X 9B. DATED (SEE ITEM 11)

22-Jan-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 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 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

04-Mar-2015

CODE

MILITARY SEALIFT COMMAND N10 WASH

914 CHARLES MORRIS COURT SE

WASHINGTON NAVY YARD DC 20398-5540

N62387 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N62387-15-R-3000

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 06-Mar-2015 02:00 PM to 09-Mar-2015 01:00 PM.

SECTION M - EVALUATION FACTORS FOR AWARD

The following have been modified:

M-2.4 TO M-4

M-2.4 Past Performance.

(a) The past performance evaluation will assess the Offeror’s probability of meeting the solicitation requirements. To develop an overall rating, the Government’s evaluation will take into account relevant information submitted by each Offeror as part of its proposal and the Government’s assessment and evaluation of other sources of information. Other sources of information for past performance may include, but are not limited to, Past Performance Information Retrieval System

(PPIRS) reports, the Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontracting Reporting System (ESRS), other databases, questionnaires and interviews.

(b) The Government will consider the recency and relevancy of past performance information compared to the requirements detailed in the PWS, the source of the information, the context of the data and general trends in the Offeror’s performance and any associated risk.

(c) The Government will consider the extent of the Offeror’s ability to perform a previous contract successfully in the areas of; (a) quality of product or services; (b) timeliness or scheduling of supplies/deliveries; (c) business relations/customer satisfaction; (d) key personnel and staffing

(including subcontractors); and (e) cost controls (COST CONTRACTS ONLY).

(d) The Government will consider the company itself, predecessor companies, key personnel who have relevant experience and subcontractors who will perform major or critical aspects of the requirement.

(e) The Government will consider historical compliance with the requirements of FAR Part 52.219-8

(Utilization of Small Business Concerns) from all Offerors that submit this information. In addition, for large businesses, the Government will consider 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).

(f) The Government reserves the right to consider Past Performance Questionnaires received after the due date for receipt of proposals. The Government reserves the right to contact references for verification or additional information and the right to consider any other relevant past performance information. The Government may call customers, whether or not provided by the Offeror, to inquire about the Offeror’s past performance. The Government does not assume the duty to search for data to cure the problems it finds with the information provided by the Offeror. The burden of providing thorough and complete past performance information remains with the Offeror.

(g) In accordance with FAR 15.305(a)(2)(iv), an Offeror without a record of relevant past performance or for whom information on past performance is not available, will not be evaluated favorably or unfavorably on past performance and will be rated acceptable.

M-2.5 Compliance With Solicitation Requirements.

(a) Proposals will be evaluated to determine compliance with all of the Instructions, Conditions and

Notices to Offerors contained in Section L of the solicitation including proposal submission requirements. The solicitation requirements include all stated terms, conditions, representations, certifications, and other information required by Section L of this solicitation. Proposals must provide unconditional assent to the material terms of the solicitation. In accordance with FAR

52.215-1, the Government may waive informalities and minor irregularities in proposals received.

(b) For other than small businesses, the Government will evaluate the Small Business Subcontracting

Plan in accordance with FAR 52.219-9. Failure to submit and negotiate a subcontracting plan acceptable to the Contacting Officer may make the Offeror ineligible for award of a contract.

M-2.6 Price

M-2.6.1 General. General price analysis techniques will be used to determine price reasonableness. Materially unbalanced offers may be considered for award.

M-2.6.2 Evaluated Price. The total evaluated price will equal the sum of the total dollar amounts for Daily

Hire and fuel for the base and option time periods and any delivery/redelivery ballast bonuses if offered. The total Daily Hire will equal the offered daily rate multiplied by the number of days in the period (approximately 152 in the base period, 365 or 366 in Option Periods one through four, and 183 in Option Period 5). For contract purposes, the first period of performance for the vessel will begin at ship delivery and end on 30 September 2015. If a delivery ballast bonus is proposed, the bonus shall not include any cost for capital improvements to the vessel, reflagging, drydocking, repair work, vessel modifications or other work necessary for performance of the contract. The purchase option price at

Box 17 is not included in evaluated price.

M-2.6.3 Fuel.

(a) For evaluation purposes, cost of fuel consumed will be based on a 16 knot, mission cargo laden condition at the anticipated operating tempo as referenced in Sections C-3.2.1 and C-3.2.2.

(b) Fuel consumption costs will be based on FY 2015 Defense Logistics Agency-Energy (DLA-E) stabilized billing rates provided below.

DLA-E FY 2015 rates, effective 01 Feb 2015

Type Price

IFO 180/RME-180 DGAR & GUAM: $81.48 per barrel

RMG-380 Overseas: $102.90 per barrel

DFM/F76: $136.50 per barrel

MGO: $139.86 per barrel

(c) The above fuels are the only available fuel at DLA-E/Defense Fuel Stocking Points (DFSPs).

Only the above fuels will be used for evaluation purposes. Offerors shall propose fuels from the above list (whichever types are appropriate for their vessel) and warrant the fuel consumption for each type of fuel chosen. When multiple fuels are proposed, the fuel with the lowest per unit cost will be used for evaluation purposes.

M-2.6.4 Other Rates and Cancellation Fee. While not included in the total evaluated price for contract award, all other rates (e.g., ROS, etc.) submitted will be analyzed for price reasonableness, and the cancellation fee will be evaluated for compliance with 10 USC§2401. A determination that any rate is unreasonable will render the proposal ineligible for award.

With respect to the cancellation fees proposed by Offerors FAR 52.215-20 Alt IV of the RFP requires

Offerors to submit a breakdown of the major price elements included in the Offerors’ proposed cancellation fee. DRYTIME box 96 of Reference (a) places the following limitations on the costs that may be included in an Offeror’s proposed cancellation fees: “’Cancellation costs’ means, and only means, costs specifically identified by the Contractor in its proposal and actually incurred by the

Contractor between contract award and vessel delivery to the Government including, and limited to, the following categories of costs: costs incurred by the Contractor for vessel acquisition, reflagging costs and modification, or conversion costs, and only to the extent such modification, or conversion costs were incurred in order for the vessel to meet contract requirements.”

Pursuant to 10 USC§2401, the Government is prohibited from entering into a vessel lease or charter that contains a “substantial termination liability”. As defined by 10 USC §2401(d)(2), the United

States shall be considered to have a “substantial termination liability” under a contract:

(a) if there is an agreement by the United States under the contract to pay an amount not less than the amount equal to 25 percent of the value of the vessel, aircraft, or combat vehicle under lease or charter, calculated on the basis of the present value of the termination liability of the United States under such charter or lease (as determined under regulations prescribed by the Secretary of

Defense); or

(b) if (as determined under regulations prescribed by the Secretary of Defense) the sum of—

(i) the present value of the amount of the termination liability of the United States under the contract as of the end of the term of the contract (exclusive of any option to extend the contract); and

(ii) the present value of the total of the payments to be made by the United States under the contract (excluding any option to extend the contract) attributable to capital-hire, is more than one-half the price of the vessel, aircraft, or combat vehicle involved.

Offerors who submit offers with substantial termination liabilities cannot be considered for award.

For the purposes of the evaluation of proposals, the insured value submitted by Offerors in DRYTIME

Box 46 will be used as the value of the vessel. Present value is calculated using the following formula:

PV = FV (1 / (1+r)ⁿ)

PV = Present Value

FV= Future Value r = rate of return n = number of periods

The “rate of return” used for the calculation is the Nominal Interest Rate on Treasury Notes provided by Appendix C of OMB Circular No. A-94. The “number of periods” used for the calculation is the number of years that passed since the commencement of the base period of the contract. As the base period will be only approximately 5 months (less than a full year) the “number of periods” used for present value calculations during the base period is zero. Zero is also used as the “number of periods” for present value calculations during Option Period One since Option Period One commences (and could be cancelled) well before one year has lapsed. One is then used as the “number of periods” for

Option Period Two, and so forth. Since present value decreases as the potential termination date moves into the future, this approach ensures the evaluation of future termination liability components at the highest possible present value for the given period of performance, thereby safeguarding the

Government from entering into an agreement to pay a “substantial termination liability” during any point within the period of performance.

M-3 Notice of Award. 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.

M-4 Award Without Discussions. Pursuant to FAR 52.215-1(f), Instructions to Offerors-Competitive

Acquisition (JAN 2004), the Government intends to award a contract resulting from this solicitation to the responsible Offeror whose proposal represents the best value after evaluation in accordance with the factors and in the solicitation. The Government intends to evaluate proposals and award a contract without discussions with Offerors (except clarifications as described in FAR 15.306(a)). The

Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

(End of Summary of Changes)