Amd-0006-ContractProvision.pdf

1. CONTRACT ID CODE

PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 4

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

April 24, 2012

4. REQUISITION/PURCHASE REQ. NO.

1-00000-1248

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE600 7. ADMINISTERED BY (If other than Item 6) CODE

Defense Logistics Agency (DLA) Energy 8725 John J Kingman Rd., Suite 4950 Contract Specialists: Joan M. Brickhill/Crystal C.

McKensie/Rose Arenas/DLA-Energy – A (Coal Division) Phone: (703) 767-8524/8522/8525 Facsimile number to send offers: 703-767-8573 E-mail address to send offers is: desc.coalmail@dla.mil Purchase Programs: 5.2 thru 5.6

8. NAME AND ADDRESS OF CONTRACTOR (NO., street,city,county,State,and ZIP Code) () 9A. AMENDMENT OF SOLICITATION NO.

X SPE600-12-R-0401

9B. DATED (SEE ITEM 11)

November 10, 2011

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

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 2 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.)

1. The purpose of this Amendment 0006 is to add to solicitation SPE600-12-R-0401 special contract provision L2.01-

1.100, PROPOSAL PREPARATION INSTRUCTIONS (COAL) (DLA ENERGY FEBRUARY 2012) and add revised special contract provision M72.02-1, EVALUATION FACTORS FOR BEST OVERALL VALUE (COAL) (DLA ENERGY FEB 2012). Both provisions are included in full text in this Amendment. In addition, special contract provision M-0003-M14, EVALUATION OF OFFERS is deleted from SPE600-12-R-0401 in its entirety.

2. All other terms and conditions of solicitation SPE600-12-R-0401 remain unchanged.

Continued on Page 2

Except as provided herein, all terms and conditions of the document referenced in Items 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

CHARLES E. TIGGS

CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C.DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C.DATE SIGNED

NSN: 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83) Prescribed by GSA

SPE600-12-R-0401

Amendment 0006

L2.01-1.100 PROPOSAL PREPARATION INSTRUCTIONS (COAL) (DLA ENERGY FEBRUARY 2012)

(a) THE OFFER. The offer (proposal) shall consist of the following items:

(1) Standard Form (SF) 1449, Solicitation/Contract Order for Commercial Items, Blocks 12, 17 through 24, and 30.

(2) Schedule clause. The offeror shall insert its proposed unit prices for each contract line item in the spaces provided in the SUPPLIES TO BE FURNISHED contract provision or as specified in the solicitation.

(3) Offeror Submission Package. The offeror shall complete the representations and other statements of offerors contained in the Offeror Submission Package enclosed with this solicitation. The contract provisions found in the Offeror Submission Package are duplicated in the basic solicitation.

(4) Other Required Documents. The offeror shall submit all other documents required by the terms and conditions of this solicitation. In accordance with FAR 9.104.1(a), a prospective contractor must have adequate financial resources to perform the contract, or the ability to obtain them. In order for DLA Energy to perform a financial capability assessment, all offerors are requested to submit one of the following with their offer:

(i) The most recent annual report (a web address is acceptable),

(ii) The most recent 10K report (a web address is acceptable),

(iii) If an annual report is not available, audited financial statements, or financial records showing the financial situation of the company, preferably with an affidavit from an independent auditor or accountant with a brief description of the sources of working capital, or

(iv) Proof of available credit (e.g. line of credit) or sufficient assets to ensure successful contract performance on the line items offered.

(5) Exceptions.

(i) Any exceptions the offeror takes to the terms and conditions of the solicitation must be submitted with the offer. Only exceptions detailed in the offer will be treated as exceptions to the terms and conditions of the solicitation. Any exceptions taken by the offeror will be considered by the Government and either accepted or rejected. Exceptions that are accepted by the Government will be incorporated into any resultant contract; exceptions that are rejected by the Government must be withdrawn by the offeror or the offer will be rejected.

(ii) If the offeror does not take any exceptions, completion of Blocks 12, 17 through 24, and 30 of the SF 1449 signifies the offeror’s agreement to the terms and conditions contained in the solicitation.

(b) TECHNICAL SUBMISSION.

(1) For product and mine(s) offered, the guaranteed maximum moisture and guaranteed dry minimum British Thermal Units (BTUs) per pound.

(2) Guarantees on all elements of the required specifications.

(3) For product offered, the published and special report issued by the U.S. Army TARDEC Petroleum Laboratory, to demonstrate that the offered product meets the specification requirements shown on the Schedule. Offerors are required to ensure that coal offered has been sampled by the U.S. Army TARDEC Petroleum Laboratory prior to submitting an offer.

(4) Initial offers shall state where sampling will take place, list the lab/location proposed to do this sampling, and identify which ASTM method will be used. This can be included on Attachment 1, DLA Energy Form 4.23, Authorization and Mine Description under “Remarks” or identified separately with the initial offer submission.

(5) If a blend of different seams and/or mines is proposed, then the percentage of the blend to be offered must be stated on the DLA Energy Form 4.23, Authorization and Mine Description. The proposed method used to blend the coal should be included in the offer.

(6) For items requiring delivery by truck or barge, a trucking or barge commitment from the proposed trucking or barge company is required to certify that firm transportation commitments have been secured. If coal is to be transported by multiple conveyances or processing of the coal will be accomplished at various locations, the initial offer must include the specifics of loading/transloading.

(c) PAST PERFORMANCE SUBMISSION.

(1) In addition to its offer, each offeror must completethe applicable past performance information and submit a separate description of any past efforts to subcontract with small businesses, veteran-owned small business, HUBZone small businesses, small disadvantaged businesses, and women-owned small businesses identifying highly successful efforts or any regulatory or subcontracting plan noncompliance. The contracts and/or subcontracts submitted on the Contractor Performance Data Sheet (CPDS) should be similar in nature to the solicitation requirements and completed within the last 2 years. All contracts/subcontracts submitted should have a minimum of one year’s performance history. The Government reserves the right to consider contracts still in progress and to consider contract and/or subcontract information outside the specified time periods. The contracts may include efforts undertaken on behalf of the DLA Energy, other Federal agencies (including those performed for non-DoD activities), quasi-government organizations, state or local governments, and/or private industry. By submitting the CPDS, the offeror agrees to permit the Government’s representatives to contact the references listed and inquire as to the past performance of the offeror.

(2) If the offeror determines that it has not performed any contracts or subcontracts for the same or similar work required by the solicitation, the offeror should indicate this on the CPDS by marking the appropriate box.

(d) SOCIOECONOMIC PLAN Refer to contract provision L7, SOCIOECONOMIC PROPOSAL (DLA ENERGY MAR 2007) for plan requirements.

M72.02-1 EVALUATION FACTORS FOR BEST OVERALL VALUE (COAL) (DLA ENERGY FEB 2012)

(a) EVALUATION FACTORS AND BASIS OF AWARD. The Government will award contracts to the responsible offeror(s) whose offer conforms to the solicitation and that represents the best overall value. The Government will determine best overall value on the basis of an assessment of the following factors:

(1) Price

(2) Technical Capability/Risk

(3) Past performance

(4) Socioeconomic Proposal The non-price evaluation factors are, when combined, approximately equal to price. Technical capability/risk is the most important non-price evaluation factor and Socioeconomic Proposal is the least important non-price factor. Past performance is less important than technical capability/risk, but is significantly more important than Socioeconomic Proposal. The offer(s) selected as best value will represent the best tradeoff to the Government among price, technical capability/risk, past performance, and socioeconomic commitment. The Government may make award to other than the lowest priced offeror; however, the Government will not pay a premium that it considers disproportionate to the benefits associated with the offeror’s non-price proposal elements.

(b) An offer will be evaluated if the offeror agrees to the terms and conditions of the solicitation, the offer meets the solicitation requirements, the Government has approved any exceptions submitted with the offer and an affirmative assessment of all evaluation factors has been made.

(c) PRICE. The Government will perform a price analysis to determine the reasonableness of proposed prices in accordance with FAR 15.404.

(d) TECHNICAL CAPABILITY/RISK: The Government will use a combined technical/risk rating to assess the offeror’s proposed approach to satisfying the Government’s requirements. The Government will consider the heat value (expressed as the As Received British Thermal Unit (ARBTU) per penny) of the product offered for each location along with the coal quality, coal testing & sampling, and coal shipping procedures proposed by each of the offerors. Any proposal that does not meet the technical requirements and contains one or more deficiencies will be determined unacceptable and, therefore, unawardable.

1. Heat value (ARBTU per penny): The Government will use the following proposal elements to calculate the heat value(s) of the product(s) being offered:

- The offeror’s guaranteed maximum moisture,

- The offeror’s guaranteed dry minimum BTU’s per pound, and

- The offeror’s proposed delivered cost per ton

The heat value(s), expressed as ARBTUs/1¢, will be computed as follows:

The percentage arrived at by subtracting the percent of the offerors’ moisture guarantee from 100 percent shall be multiplied by the product of the offerors’ guaranteed dry B.T.U.s per pound multiplied by 2,000 (for Net Tons) or 2,204 (for metric tons). The product of this multiplication shall be used as a numerator to be divided by the sum of the delivered cost per NT multiplied by 100. The formula is as follows:

)100 (

2000 smin )00.1( xpricedelivered xBTUdryxmoisture

= 100 DELIVERED

s

XPRICE

ARBTU

= Evaluated ARBTU/1¢ delivered

2.Coal Quality: The extent to which the offeror’s proposed coal source conforms to the solicitation’s required chemical and sizing specifications. (The Government will determine, based upon published and special reports issued by the U.S. Army TARDEC Petroleum Laboratory, if the coal offered from the "mine" or "mines" set forth in the offer meets all the requirements of the specifications shown on the Schedule. Those coal offers that do not meet the specifications and those coal offers for which there are no special or published reports will not be considered unless an exception has been granted by the Contracting Officer. It shall be incumbent upon offerors to insure that coal offered has been sampled by the U.S. Army TARDEC Petroleum Laboratory prior to submitting an offer. A coal size required by the solicitation and offered for which no such reports are available will be evaluated on the nearest coal size, as determined by the Government, for which reports exist).

3. Coal Testing/Sampling: The extent to which the offeror’s proposed coal testing procedures conforms to special contract provisions, E1.03, CONTRACTOR INSPECTION RESPONSIBILITIES, E1.04, QUALITY PROVISIONS (COAL), E24, DESTINATION INSPECTION AND ACCEPTANCE (COAL) (DLA ENERGY); E25, SAMPLING AND EVALUATION (COAL) (DLA ENERGY), E26.01, SOURCE INSPECTION OF BULK DELIVERIES (COAL) (DLA ENERGY), American Society for Testing and Materials (ASTM) sampling and testing procedures, and any other commonly accepted approved commercial practice regarding coal testing and sampling.

4.Coal Shipping Procedures: The extent to which the offeror’s proposed coal shipping procedures conforms to solicitation delivery requirements and special contract provisions F17.04, CONDITIONS OF RAIL DELIVERIES (COAL) (DLA ENERGY), F17.05, CONDITIONS OF TRUCK DELIVERIES (COAL) (DLA ENERGY), F17.06, CONDITIONS FOR DELIVERIES BY MULTIPLE CONVEYANCES (COAL) (DLA ENERGY), F17.07, CONDITIONS FOR DELIVERY - FLEXI-TRANSPORTATION (RAIL/TRUCK) (COAL), (DLA ENERGY), F62, SHIPMENT AND ROUTING (COAL) (DLA ENERGY) and any other commonly accepted commercial, environmental, safety and/or health standards regarding coal shipping.

(e) EVALUATION OF PAST PERFORMANCE.

(1) The Government will evaluate for relevancy and performance to determine the Government’s level of confidence in each offeror’s ability to meet the solicitation requirements. This evaluation will include any aspect of past performance that is relevant to the work to be performed under this contract. The evaluation team will assess the Offeror’s past performance relevancy using data submitted by potential suppliers on the solicitation, as well as other available past performance data, providing that the data is less than two years old and relates to Government or commercial contracts where there has been at least 12 months of performance; however, the Government reserves the right to only consider the Offeror’s performance under Government or DLA Energy contracts. Each reference submitted will be determined to be relevant or not relevant.

DLA Energy will contact references provided by the Offeror to discover/verify the quality of past performance, to include quality of performance and business relations. This will include the contractor’s conformance to contract requirements, specifications and standards of good workmanship (e.g.

understanding of requirements, billing services, commonly accepted commercial principles) as well as the offeror’s integration and coordination of all activity needed to execute the contract, specifically the timeliness, completeness and quality of problem identification, corrective action plans, proposal submittals, the contractor’s history of reasonable and cooperative behavior, and customer satisfaction.

In the case of an offeror for whom information regarding the quality of past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance pursuant to FAR 15.305(a)(2)(iv).

The Past Performance Evaluation Team will review and evaluate the past performance information to determine the Government’s performance confidence based on the quality and usefulness of the information received.

(f) EVALUATION OF SOCIO-ECONOMIC PROPOSAL: The Government will evaluate the extent to which the offeror identifies and commits to using small businesses, service disabled veteran-owned small businesses, HUBZone small businesses, small disadvantaged businesses, and women-owned small businesses in the performance of the proposed contract.