SPE600-12-R-0826_Amd_0006.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

See Block 16C

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE

DLA Energy – FEEB (Lorton)

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

CODE

8725 JOHN J. KINGMAN ROAD, STP 10400

FT. BELVOIR, VA 22060-6222 FAX (703) 617-8506

BUYERS/SYMBOL: John Parson/FEEBA

PHONE (703) 617-1438

Email: john.parson@dla.mil P.P. 8.2

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

X

9a. AMENDMENT OF SOLICITATION NO.

SPE600-12-R-0826

9b. DATED (SEE ITEM 11) September 27, 2012

10a. MODIFICATION OF ONTRACT/ORDER NO.

10b. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[] 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.

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, [ ] 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.)

See the following pages.

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

16A. NAME OF CONTRACTING OFFICER

PATTI J. RIVERA

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

SPE600-12-R-0826

Travis Air Force Base, California Amendment 0006 Page 2 of 6

In order to indicate changes from solicitation SPE600-12-R-0826 as posted on September 28, 2012, and Amendments 0001-0005, additions are highlighted in YELLOW and deletions are crossed through in RED TEXT. Please note it is the responsibility of each offeror to review Amendment 0006, and all attachments, in their entirely for changes to the documents.

The purpose of this amendment is to incorporate the following changes into Sections C, L, and M as follows:

1. Section C, Description/Specifications/Work Statement:

Section C.2.1 – C.2.3 are hereby deleted in its entirety and replaced with the following:

C.2.1 General The Government is conveying seeks to convey the utility system(s) identified in this solicitation, provided a favorable business case exists to do so. Subsequent to the Military Service’s decision to convey the utility system(s), the Government will enter into a contract to acquire the corresponding utility service(s) from the Contractor as the new owner of the system(s). The Government is requesting proposals for the purchase of the utility system(s) listed in Section B.1 the conveyance of the infrastructure and the acquisition provision of the identified utility service(s) across the system(s). The conveyance of the utility system(s) and the acquisition of utility service(s) are both subject to the terms and conditions of the solicitation. The Government will consider the purchase of commodities with the privatization utility services offer(s) on a case-by-case basis.

C.2.2 Authority Utilities privatization consists of two transactions: 1) the conveyance of the utility infrastructure via a Bill of Sale; and 2) the acquisition of utility services on the privatized system(s) via a utility services contract.

The conveyance of the utility system(s) is a property disposal action made in accordance with 10 U.S.C. § 2688, and is not covered under the FAR or this solicitation. The acquisition of utility services is a FAR Part 41 acquisition The purchase of utility services is an acquisition and will be governed by the FAR and its applicable supplements. Accordingly, proposals will be evaluated for selection of a prospective awardee under the provisions of the FAR and this solicitation. Once a prospective awardee is identified, that entity’s proposed price will be utilized by the Military Service to conduct a conveyance decision business case analysis in accordance with executive policy, including Office of Management and Budget (OMB), Department of Defense (DoD), and Military Service policies applicable to conveyances under 10 U.S.C. § 2688.

C.2.3 Scope The Government seeks a Contractor to assume ownership of the utility system(s) and infrastructure specified in Section B.1, Systems to be Privatized, (the “system(s)” or “utility system(s)”), and as the new owner, to operate and maintain the systems and provide utility services to the Government. Assumption of ownership and provision of utility services shall be performed in accordance with all terms, conditions, and special contract requirements, specifications, attachments, exhibits, and drawings contained in this solicitation or incorporated by reference.

Offerors are not required to offer on all of the utility systems specified in the Schedule unless otherwise specified in the Section J Attachments. Offers may be submitted on individual system(s) or on groups of systems on an all-or-none all or none basis. However, for grouped proposals, t The Government reserves the right to consider any efficiencies gained and/or cost savings that may be achieved by awarding multiple systems to a single offeror. If

Amendment 0006 Page 3 of 6 an offeror submits a grouped proposal but also wants to be considered for award on any system on an individual basis, the offeror shall submit an alternate proposal(s), as necessary. For all offers, whether grouped or not, the offeror shall provide a separate price schedule for each utility system. Offers on grouped systems that do not include a separate price schedule for each utility system will not be considered for award. For the purposes of economic comparison required by 10 U.S.C. §2688, each system will be evaluated separately. Offerors are advised that if any individual system within a grouped offer does not satisfy the economic criteria for award that the grouped offer will not be considered for award.

2. Section L, Instructions, Conditions, and Notices to Offerors:

Section L.2.1.1 is deleted in its entirety and replaced with the following:

L.2.1.1 Conveyance The Government will only acquire utility services if the Military Service Air Force issues a decision to convey the utility system(s). The Military Service’s Air Force’s decision whether to convey will be made in accordance with 10 U.S.C. § 2688 and OMB, DoD, and Military Service executive policies and Air Force policy. Award will only be made, if at all, by the duly authorized execution of the utility services contract which is contingent upon the actual conveyance of the system. If for any reason conveyance does not occur, the Government’s termination liability will be limited to transition costs.

The sale of the utility system(s) is not governed by the FAR, the Federal Property and Administrative Services Act of 1949, or any of their implementing regulations. The Government may choose to adopt and adapt for use in the sale the processes and methods typically utilized in those laws and regulations but, by doing so, are not thereby subjecting the sale to those laws and regulations. The purchase of utility service(s) is an acquisition and will be governed by the FAR and its applicable supplements.

Section L.2.1.5, Use of Non-Government Advisors is deleted in its entirety and replaced with the following:

L.2.1.5 Use of Non-Government Advisors Offerors are advised that data submitted to the Government in response to this solicitation may be released to non-government advisors for review and analysis. These advisors may be required to provide advice within their area of expertise regarding proposal strengths, weaknesses, inadequacies, risks, and deficiencies. Non-government advisors will be subject to civil and criminal penalties associated with any release of information pursuant to FAR 3.104.

If the offeror has any objection to non-government advisor access to its proposal information, the offeror shall provide grounds and justification for its objections. The non-government advisors are:

Northrup Grumman Technical Services Inc. Northrop Grumman Space & Mission Corporation ManTech Information Systems & Technology Corp.

AECOM National Security Programs

BB&E, LLC

Note: The companies listed above may not assist or participate in preparation or submission of any proposal associated with this acquisition.

3. Section M, Evaluation Factors for Award is replaced in its entirety with the following:

Amendment 0006 Page 4 of 6

M.1 Basis for Conveyance and Contract Award If the Military Service Air Force 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.

Additionally, offerors should note that OMB, DoD, and Military Service executive policies concerning utilities privatization and property conveyance require consideration of the proposed contract costs as part of the business case analysis in determining whether or not to convey the system under 10 U.S.C. § 2688. Therefore, the total evaluated price of the proposal selected under this Solicitation will be provided to the Military Service conveyance authority for that purpose.

M.2 Evaluation Factors and Subfactors for Contract Award The five evaluation factors are Technical Capability, Past Performance, Risk, Socioeconomic, 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 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 be used 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 that is both recent and relevant, 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 and 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.

Amendment 0006 Page 5 of 6

Offerors are advised that the Government may use information gained from market research or 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 utilized 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 High rating in any subfactor will result in a High rating for Risk.

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 elements:

• 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 or hindered as a result of the offeror’s proposed approach.

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 in support of the offered price to determine if the prices are realistic for the work to be performed; reflect a clear understanding of the requirements; and are consistent with the various 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); andregulatory exemptions/exclusions;, efficiencies;, and/orcost savings achieved by privatization of grouped systems to a single contractor;. and/or unique costs and burdens (including monitoring and administration) associated with the offeror’s proposed approach.

Factor 4: Socioeconomic: 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).

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.

Amendment 0006 Page 6 of 6

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 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 being evaluated 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 Utility Services Charge including applicable ISDCs/Upgrades/Connection Charge(s) and Renewals and Replacements and the recoverable portion of the purchase price expressed in the price 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 being evaluated 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 Air Force (see, M.3).

Should the Air Force decide to convey the utility system, For purposes of selecting a prospective awardee of a long term utility services contract under this Solicitation, proposals will be evaluated using the following factors and subfactors:

Technical Capability, Past Performance, and Risk are of approximately equal importance. Socioeconomic is significantly less important than Technical Capability, Past Performance, and/or 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 of approximately equal importance; however, a less than Acceptable rating in any subfactor will result in a less than Acceptable rating for Technical Capability. Under Risk, all subfactors are of approximately equal importance; however, a High rating in any subfactor will result in a High rating for the Risk factor.

M.3 Conveyance Determination Once an offeror is selected, bBut before an award can be made, the Military ServiceAir Force must determine whether conveyance of the utility system(s) will be made. This conveyance decision is distinct and separate from the procurement decision and is not governed by the terms of the FAR or this Solicitation. Rather, the conveyance decision will be made by the Military ServiceAir Force in accordance with 10 U.S.C. § 2688 and OMB, DoD, and Military Service executive policiesguidance issued by the Department of Defense and Air Force policy. The Government will attempt to make Military Service specific policies available in the technical library and upon request, however, it is the offeror’s responsibility to conduct due diligence in researching applicable current law and policies.

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

M.3 Conveyance Determination