Attachment-0004.pdf

52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award one or more contracts resulting from this solicitation to the responsible offeror(s) whose offer(s) conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

FACTOR 1: TECHNICAL ACCEPTABILITY

The following subfactors will be used in determining technical acceptability:

SUBFACTOR

1. Supplies or services and prices/cost, Section B

2. Description/specifications/statement of work, Section C

3. Inspection and acceptance, Section E

4. Deliveries or performance, Section F

Subfactors 1 – 4 will be rated either “Acceptable” or “Unacceptable.” These ratings are defined as follows:

ACCEPTABLE: The offeror’s proposal conforms to the Government’s supply and schedule requirements in Section B, product specifications in Section C, product quality assurance in Section E, and delivery/transportation requirements in Section F.

UNACCEPTABLE: The offeror’s proposal does not conform to any one or more of the following requirements: the Government’s supply and schedule requirements in Section B, product specifications in Section C, product quality assurance in Section E, and delivery/transportation requirements in Section F.

Proposals may be comprised of individual, independent offers, differentiated by product grade, shipping mode and/or FOB point. An individual offer within a proposal may be rated “Unacceptable”, while remaining offers within the same proposal may be rated “Acceptable.” A rating will be made for each individual offer within each proposal.

Each individual offer within a proposal must receive an “Acceptable” rating for every subfactor in order to be rated technically acceptable. If an individual offer within a proposal receives a rating of “Unacceptable” for one subfactor it will be rated technically unacceptable. Therefore, some individual offers within a proposal may be considered technically acceptable while other individual offers within the same proposal may be considered technically unacceptable.

An offeror that proposes an exception to any of the requirements of the solicitation, as related to the aforementioned subfactors, will be reviewed to determine whether the fuel will meet the Government’s specification and delivery requirements, can physically be accepted, and not compromise fuel quality. If so, an offer containing the exception will also be technically acceptable. Programmatic exceptions are addressed to all offerors via amendment. Likewise, a rating may be made “Acceptable” if an offeror corrects, or the Government accepts by reason of exception, any subfactors previously rated “Unacceptable” by the Source Selection Evaluation Board (SSEB).

Offerors must provide additional written details to address all areas rated “Unacceptable” prior to the receipt of Final Proposal Revisions, which the Government will review for acceptance.

FACTOR 2: PRICE

Fixed Price with Economic Price Adjustment (EPA) contracts will result from this solicitation. The Contract Team will evaluate proposals for pricing purposes in accordance with FAR 52.212-2 – EVALUATION – COMMERCIAL ITEMS. Offerors are advised that DLA Energy intends to execute the extension provision of any subsequent contract only if there are remaining quantities left on the contract; no quantities will be added. The extension provision will only extend the ordering and delivery period of the contract. In addition, the extension provisions contained in contract provision I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) will be evaluated in conjunction with the evaluation of initial offers received.

The lowest price is defined as the lowest laid-down price, to include transportation costs as determined by the Bid Evaluation Model (BEM), which will provide the basis to make awards. The BEM is a computer evaluation model which analyzes numerous variables.

These variables include the offeror’s proposed prices, fuel types, minimum and maximum award quantities, shipping locations, shipment mode capabilities, minimum and maximum cargo sizes, customer receipt locations, and receipt mode capabilities.

Transportation rates will be included for tanker, barge, pipeline, railcar, and tank truck transportation modes in accordance with M41.04 EVALUATION OF OFFERS

INVOLVING OTHER THAN F.O.B. TANKER (BULK) (DLA ENERGY JUL 2010)

and M24.02 EVALUATION OF OFFERS INVOLVING F.O.B. TANKER LOADING

FOR THE ROCKY MOUNTAIN/WEST COAST/OFFSHORE PURCHASE

PROGRAM (DLA ENERGY SEP 2010). Government additive costs will be used to evaluate, where applicable, proposals of product not fully additized at the loading facility, but instead are additized/injected en route to a facility or customer location. The BEM will calculate the overall pattern of delivery of fuel from contractor facilities to specific customer locations that represents the lowest total combination of price for product, transportation and other costs.

Offers will be submitted through the Offer Entry Tool (OET). There are two types of OET instances or “rounds” that are available for use during the solicitation process – the “Standard” round and the “Reverse Auction” (RA) round. A standard round is used for all offer inputs from initial offers on the solicitation through Final Proposal Revisions (FPR). In a standard OET round, the vendor can change most data fields in their offer, including adding and removing shipping locations, adding or removing origin and destination bid lines, quantities, prices, and offer conditions. However, as detailed below, when submitting a FPR during a standard OET round, a vendor will not be able to make changes to the shipping location, product, and mode of delivery data fields.

After the solicitation has been posted to the Federal Business Opportunities (FedBizOpps) website, it will be posted to the OET as the initial standard round. Please note that there can be multiple standard rounds. All initial offers must be submitted via this OET standard round no later than the date and time specified for the receipt of initial offers. Only those offers who have submitted an initial offer by the date and time specified will be eligible to submit data in later OET rounds.

DLA Energy will request offeror submission of Interim Proposal Revisions (IPRs) before the conclusion of negotiations. The solicitation will have a Two-Part Close of Negotiations. Part 1-Close of Negotiations will occur at Interim Proposal Revisions (IPRs). Interim Proposal Revisions (IPRs) will be an offeror’s last chance to finalize shipping points, products, and modes of delivery (i.e., shipping points, products, and modes of delivery cannot later be changed when submitting a FPR). IPRs will be submitted through the OET and considered a standard round. The information in the OET will be evaluated in the BEM. Each offeror will be provided with a “Minimum Cost Bid Evaluation Worksheet” (MCBEW). The MCBEW will provide detailed information on how an offer is evaluated to each demand location. This report includes product price, method of delivery for each leg of the route, transportation and additive costs, any applicable evaluation factors, and the evaluated laid in price for each location.

This information will be generated separately for each offeror, and each offeror will receive only the information applicable to their offer.

Offerors will be given time to review the MCBEW, after which DLA Energy will close negotiations and call for Final Proposal Revisions (FPRs). FPRs will be submitted through the OET and considered a standard round. FPRs will be evaluated in the BEM.

If an offeror chooses not to revise its offer during the FPR standard round, then unless the offer is withdrawn, the offeror must still re-submit its previously entered OET information to be evaluated as a final offer in the BEM for possible award. The Government reserves the right either to make awards based on the FPR BEM evaluation, or to conduct one or more additional standard or RA rounds in OET.

At the start of each RA round, offerors will be provided with an updated copy of the MCBEW. At this time, offerors will also be provided with a “Laid-Down Cost Report” (LCR). The LCR will provide information on the price currently in line for award at each demand location. This report is limited to providing the solicitation line item, location, quantity currently in line for award, and the laid in price for the quantity currently in line for award. The laid in price is an aggregate of product, additive and transportation costs, as well as any evaluation factor(s). No information concerning apparently successful offer, shipping point, or product routing is included.

In contrast to a standard round, in an RA round an offeror is only allowed to lower their offered price, and may not make revisions to any other OET fields. All other OET fields, including product type, shipping location, quantity, conditions, etc., will be locked during an RA round. During an RA round, the offeror is responsible for ensuring that the “offered price” field for each submitted offer line contains the offer price they wish to have evaluated. The price in the “offered price” field can be equal to or lower than the previously offered price (shown in the field directly to the left of the offer price field in OET). As with the standard rounds, offerors are responsible for submitting revisions before the stated closing date and time for the RA round. Revisions received after the stated closing date and time will not be considered, and, unless withdrawn, the offer will be evaluated using the final offered price that was submitted prior to the stated closing date and time.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.