2012-05-08 Amd 0009.pdf

NSN 7540-01-152-8070 30-105 STANDARD FORM 30

(REV. 10-83)PREVIOUS EDITION UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

May 8, 2012

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE

DLA Energy FEEBA

SP0600 7. ADMINISTERED BY (If other than Item 6)

CODE

8725 JOHN J. KINGMAN ROAD, SUITE 3830

FT. BELVOIR, VA 22060-6222 FAX (703) 767-8506

Deborah Wiseman/DLA Energy/FEEBA/deborah.wiseman@dla.mil

PHONE (703) 767-1447 P.P. 8.2

8. NAME AND ADDRESS OF CONTRACTOR (NO., street,city,county,State,and ZIP Code)

X

9a. AMENDMENT OF SOLICITATION NO.

SP0600-09-R-0806

9b. DATED (SEE ITEM 11) 12 Feb 2009

10a. MODIFICATION OF CONTRACT/ORDER NO.

10b. DATED (SEE ITEM 13)

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 Offers [] is extended, [X] is not extended.

Offers 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. I2.05 CHANGES-FIXED PRICE (AUG 87)

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: FAR 43.01 OTHER (Specify type of modification and authority) E. IMPORTANT: Contractor [ ] is not, [ x ] is required to sign this document and return __1__ copies to the issuing office.

13. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter w

See following pages

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

16A. NAME OF CONTRACTING OFFICER

LAURA J. CARLSON

15B. NAME OF CONTRACTOR/OFFEROR

BY

(Signature of person authorized to sign)

15C.DATE

SIGNED

16B. UNITED STATES OF AMERICA

BY

(Signature of Contracting Officer)

16C.DATE SIGNED

SP0600-09-R-0806 Page 2 of 7 Minot AFB, ND Amendment 0009

The purpose of this amendment is to incorporate the following changes into subject solicitation:

1) Delete and replace Section C.6.2, Right of Access, in its entirety.

2) Delete and replace Section M, Evaluation Factors for Award, in its entirety.

A. Section C.6.2, Right of Access, is deleted and replaced with the following:

C.6.2 Right of Access This Installation is an operating military installation that is closed to the public and is subject to the provisions of the Internal Security Act of 1950, 50 U.S.C. § 797, and of 18 U.S.C. § 1382.

Access to the Installation is subject to the control of its Installation Commander and is governed by such regulations and orders as have been lawfully promulgated or approved by the Secretary of Defense or by any designated military commander. Any access granted to the Contractor, its officers, employees, Contractors of any tier, agents, and invitees is subject to such regulations and orders. This Right of Access is subject to all regulations and orders currently promulgated or which may be promulgated by lawful authority as well as all other conditions contained herein.

Such regulations and orders may, by way of example and not by way of limitation, include restrictions on who may enter, how many may enter at any one time, when they may enter, and what areas of the Installation they may visit, as well as requirements for background investigations, including those for security clearances, of those entering. The Contractor is responsible for the actions of its officers, employees, Contractors of any tier, agents, and invitees while on the Installation and acting under this Right-of-Access.

In the event all or any portion of the Premises shall be needed by the United States or in the event the presence of the Contractor’s property shall be considered detrimental to governmental activities, the Contractor shall, from time-to-time and upon notice to do so, and as often as so notified, remove or relocate its property to such other location or locations on the Premises as may be required by the contracting officer or authorized representative, and in the event the Contractor’s property shall not be removed or relocated within ninety (90) days after any aforesaid notice, the Government may cause the same to be done. Any removal or relocation of the Contractor’s property at the direction of the Government under Section C.6.2 shall be at the Government’s expense.

The Contractor further recognizes that the operation, construction, installation, repair, and maintenance of the utility system on the Installation may be subject to requirements and approvals not ordinarily imposed by civilian authorities, including, but not limited to, compliance with the National Environmental Policy Act of 1969, as implemented. The Contractor agrees to abide by all applicable regulations.

The Contractor shall neither transfer nor assign this Right of Access nor any interests or rights thereunder without the prior written consent of the Government. No transfer or assignment of the Contractor’s rights or interests under this Right of Access shall occur except in connection with the Government’s recognition of a successor in interest to this contract under FAR Subpart 42.14.

C.6.2.1 Condition of the Premises The Contractor is granted access to the Premises in an “as is, where is” condition without any warranty, representation by the Government concerning the condition of the Premises, or

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Amendment 0009 obligation on the part of the Government to make any alterations, repairs, improvements, or corrections to defects whether patent or latent. At such times and for such part of the Premises as the Installation Commander may determine, the Government and the Contractor, hereinafter referred to as the “Parties,” will prepare and sign a Physical Condition Report to reflect the condition of the Premises prior to the Premises being disturbed by the activities of the Contractor.

Such Report shall be used by the Government upon the expiration or termination of this Contract to determine whether the Contractor has fulfilled its obligations to maintain and restore the Premises to the condition required by this Right-of-Access.

C.6.2.2 Alteration of Premises If the Contractor’s property located on the Premises intrudes into airspace subject to regulation under the Federal Aviation Regulations or their Air Force counterparts, such property shall be operated, constructed, installed, repaired, and maintained in conformance with such regulations.

C.6.2.3 Government Access Nothing in the Contractor’s Right-of-Access shall be interpreted as interfering with or otherwise limiting the right of the Government and its duly authorized officers, employees, Contractors of any tier, agents, and invitees to enter upon the Premises for any lawful purpose.

C.6.2.4 Other Grants of Access This Right-of-Access is subject to all outstanding easements, rights of way, leases, permits, licenses, and uses for any purpose with respect to the Premises. The Government shall have the right to grant additional easements, rights of way, leases, permits, and licenses, and make additional uses with respect to the Premises. Provided however, that the Government shall not grant any such additional easements, rights of way, leases, permits, licenses, or uses which will, as determined in the sole discretion of the Government, unreasonably interfere with the Contractor's use of the Premises under this Right-of-Access.

C.6.2.5 Reserved

C.6.2.6 Liability for Damages Any interference with the use of or damage to any real or personal property under the control of the Government incident to the exercise of the rights and privileges granted to the Contractor under this Right of Access shall be promptly corrected by the Contractor to the satisfaction of the Installation Commander. If the Contractor fails to promptly repair or replace any damaged property after being notified to do so by the Installation Commander, the Government may repair or replace such property and the Contractor shall be liable to the Government for the costs of such repair or replacement.

C.6.2.7 Fire Protection C.6.2.7.1 The Contractor shall enter into a Memorandum of Understanding (MOU) with the Base Fire Department for fire protection of all facilities included in the purchase of the utility system. The MOU shall be completed during the transition period and a copy provided to the Contracting Officer.

SP0600-09-R-0806 Page 4 of 7

Amendment 0009

C.6.2.7.2 The Contractor shall abide by Base fire protection requirements. The utility system purchased by the Contractor includes facilities. These facilities may or may not include fire alarm systems.

Where required by federal, state, or local regulation, the Contractor shall maintain in the fire alarm system for all facilities owned and operated by the Contractor. The Contractor shall permit Fire Department personnel access to their facilities to perform fire inspections and emergency response.

C.6.3 Restoration of Premises at Expiration or Termination On or before the date of expiration or termination of this Contract, the Contractor shall vacate the Premises, remove all of its equipment, fixtures, structure, property and improvements of whatever nature from the Premises deemed unnecessary by the Installation Commander for the continued provision of utility services, and restore the Premises to a condition satisfactory to the Installation Commander without additional expense to the United States Government. Such restoration shall include, if applicable, removal of contamination caused by the Contractor. The Contractor may, upon receipt of the prior written consent of the Government, which consent shall not be unreasonably withheld by the Government, abandon in place any buried conduits, pipes, duct banks, tubes, or wires (Underground Abandoned Utilities), provided that (i) the nature, location, and depth of such Underground Abandoned Utilities are known to the Contractor and shown on the Contractor’s records, and (ii) the Underground Abandoned Utilities neither contain any environmental contaminant nor pose an environmental or safety hazard. The Contractor may also, upon receipt of the prior written consent of the Government, which consent shall be granted in the Government’s sole discretion, abandon in place all or part of any of the Contractor’s other above grade or below grade equipment, fixtures, structures, property and improvements (Other Abandoned Utilities). In the event of a dispute between the Contractor and the Government over whether certain of the Contractor’s equipment, fixtures, structures, property and improvements should be characterized as Underground Abandoned Utilities or Other Abandoned Utilities, such equipment, fixtures, structures, property and improvements shall be deemed to be Other Abandoned Utilities for purposes of this Contract.

B. Section M., FAR Evaluation Factors for Award, is deleted and replaced with the following:

Section M

Evaluation Factors for Award M.1 Basis for Conveyance and Contract Award If the Armed Service responsible for the installation decides to convey the utility system(s), a contract will be awarded to the responsible offeror based on a best value determination consistent with the evaluation factors and subfactors below. The lowest priced proposal may not necessarily receive the award; likewise, the highest rated technical proposal may not necessarily receive the award. Pursuant to the provisions of Section L, Information to Offerors, and FAR 52.215-1, the Government may evaluate and award without discussions. However, the Government reserves the right to conduct discussions if determined necessary. Therefore, offerors are encouraged to submit their best offer as their initial offer.

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Amendment 0009

M.2 Evaluation Factors and Subfactors The five evaluation factors are Technical Capability, Past Performance, Risk, Socioeconomic Plan, and Price. The evaluation factors and subfactors are as follows:

Factor 1: Technical Capability: The following four subfactors are approximately equal to each other in terms of importance. However, a less than acceptable rating in any subfactor will result in a less than acceptable rating for overall Technical Capability.

Subfactor 1: Service Interruption/Contingency and Catastrophic Loss Plan: Will be evaluated based upon the degree to which it ensures an appropriate, efficient, and effective response to service interruptions and contingencies and catastrophic system losses.

Subfactor 2: Operations and Maintenance Plan/Quality Management Plan: Will be evaluated based upon the degree to which it ensures appropriate, efficient, and effective operation and maintenance of the utility system(s) and a superior level of quality.

Subfactor 3: Initial System Deficiency Corrections/Upgrades/Connections and Renewals and Replacements Plan: Will be evaluated based upon the degree to which it supports the long-term ability of the utility system(s) to provide utility service(s).

Subfactor 4: Operational Transition Plan: Will be evaluated based upon the degree to which it ensures an effective and efficient transition.

Factor 2: Past Performance: The offeror will be evaluated based on the degree to which current and previous (within the past five years) efforts indicate the probability of the offeror successfully accomplishing contract requirements throughout the performance period. The recentness and relevancy of the information, source of the information, context of the data, and general trends in offeror’s performance will be considered.

In the case of an offeror without a record of relevant past performance or for whom sufficient information on past performance is not available, the offeror will be evaluated neither favorably nor unfavorably for past performance. However, a different rating may be achieved if the offeror proposes management personnel who have a successful record of performance on relevant, recent contracts or if a proposed subcontractor who will be performing a significant portion of the work has a successful performance history on relevant and recent contracts.

Offerors are advised that the Government may use information gained from any source known to the Government to evaluate past performance, provided such information is recent (within the past five years). However, the Government reserves the right to only consider the Contractor’s performance under Government or DLA Energy contracts. If any past performance information provided by the Contractor is considered in evaluating the Offeror’s proposal, a past performance questionnaire will be used to contact references and rate proposals.

Factor 3: Risk: The following four subfactors are approximately equal in importance to each other in the evaluation of Factor 3. However, a negative rating in any subfactor will result in a negative rating for overall Risk.

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Amendment 0009

Subfactor 1: Performance Risk: Proposals will be evaluated on the degree to which award of a contract would present a risk of degradation of the quality of utility service(s). The Performance Risk will be assessed as a cumulative result of the risk presented in the following four areas:

• Service Interruption/Contingency and Catastrophic Loss Plan

• Operations and Maintenance Plan

• Quality Management Plan

• Initial System Deficiency Corrections/Upgrades/Connections and Renewals and

Replacements Plan

Subfactor 2: Assurance of Long-Term Price and Service Stability: Proposals will be evaluated on the degree to which long-term price and service stability are enhanced as a result of regulation by an independent federal, state, or local regulatory authority with jurisdiction over the applicable utility service.

Subfactor 3: Price Risk: Cost realism and unbalanced pricing proposal analysis techniques will be used in accordance with the applicable provisions of FAR 15.404-1. Realism will be based on an evaluation of the information provided by the Offeror in support of its offered price. A determination will be made about whether the prices are realistic for the work to be performed, reflect a clear understanding of the requirements, and are consistent with the elements of the offeror’s technical proposal. The proposal will also be evaluated to determine whether prices are unbalanced, meaning that the price of one or more contract line items is significantly over or understated.

Subfactor 4: Other Possible Long-Term Costs and Benefits to the United States: Such costs and benefits may be considered, including, but not limited to, the effect of privatization on separate contract relationships (e.g., commodity contracts, power allocation agreements, energy savings performance contracts, utility energy savings contracts), regulatory exemptions/exclusions, efficiencies, and/or cost savings achieved by privatization of water/wastewater systems to a single contractor.

Factor 4: Socioeconomic Plan: Will be evaluated based on the degree to which an Offeror's proposal demonstrates the commitment to use, in performance of the offered requirements, Small Businesses (which include Small Businesses, Small Disadvantaged Businesses, HUBZone Small Businesses, Women-owned Small businesses, and Veteran-owned small businesses) and/or Historically Black Colleges/Universities or Minority Institutions (HBCUs/MIs). Small businesses will be credited for the dollar value/percentage of the work they perform in-house as if the work were subcontracted to a small business concern.

NOTE: The Offeror’s proposal for socioeconomic support will be made a part of any resulting contract for use in determining how well the Contractor has adhered to its socioeconomic plan.

Factor 5: Price: The total evaluated price will be a consideration in the final source selection decision.

Price reasonableness will be assessed in accordance with FAR 15.404-1.

For Schedule B-1, the total evaluated price (Schedule B-1 and Price Data Sheets, as applicable) will be the net present value of the stream of monthly payments the Government is expected to make to the Contractor over the 50-year contract period. Each monthly payment will be calculated by crediting the total monthly payment (the Applicable Tariffs including ISDCs/upgrades/connection charge(s) and renewals and replacements and the recoverable portion of the purchase price expressed in the price

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Amendment 0009 proposal) by the purchase price in CLIN 0001. Present values will be calculated using the discount rate specified in Appendix C of OMB Circular A-94 (current issue at the time proposals are due).

For Schedule B-2, the total evaluated price (Schedule B-2 and Price Data Sheets, as applicable) will be the net present value of the stream of monthly payments the Government is expected to make to the Contractor over the 50-year contract period. Each monthly payment will be calculated by crediting the total monthly payment (the monthly Utility Services Charge including applicable ISDCs/upgrades/connection charge(s) and renewals and replacements and the recoverable portion of the purchase price) by the purchase price in CLIN 0001. Present values will be calculated using the discount rate specified in Appendix C of OMB Circular A-94 (current issue at the time proposals are due).

M.2.1 Order of Importance for Evaluating Factors and Subfactors:

Before a contract award can be made, a conveyance determination must be made by the Armed Service responsible for the installation (see, M.3). Should the Service decide to convey the utility system, proposals will then be evaluated using the following factors and subfactors.

Technical Capability, Past Performance, and Risk are approximately equal in importance. Socioeconomic plans are significantly less important than Technical Capability, Past Performance, and Risk. When combined, Technical Capability, Past Performance, Risk, and Socioeconomic are significantly more important than Price. Technical Capability and Risk will be evaluated at the subfactor level. Under Technical Capability, all subfactors are approximately equal in importance; however, a less than acceptable rating for any subfactor will result in a less than acceptable rating for the overall Technical Capability factor. Under Risk, all subfactors are approximately equal in importance; however, a negative rating in any subfactor will result in a negative rating for the overall Risk factor.

M.3 Conveyance Determination Before an award can be made, the Armed Service responsible for the installation must determine whether conveyance of the utility system(s) will be made. This conveyance decision is distinct and separate from the procurement decision and will be made by the Service in accordance with 10 U.S.C. § 2688 and guidance issued by the Department of Defense.

C. All other terms and conditions shall remain unchanged and in full force and effect.

M.3 Conveyance Determination