W9127N-16-R-0032-0004.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 correct a reference in the Experience evaluation criteria. Solicitation W9127N-16-R-0032 is hereby modified as follow s:

1. In clause 52.212-2, Factor 1 (Volume 1; Tab 01) – Experience; both Submission requirements and evaluation criteria have been changed.

Requirement for a minimum 24,000 gallons has been changed to 8,000 gallons and requirement for blended additives has been changed in provide experience on oil either blended or filtered oil.

2. All other terms and conditions remain unchanged.

3. POC for this action is Sue Jones at sue.jones@usace.army.mil or 503-808-4632.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY 29-Dec-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 W9127N-16-R-0032

X 9B. DATED (SEE ITEM 11)

08-Dec-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 is extended, X 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

29-Dec-2015

CODE

CONTRACTING DIVISION

USACE PORTLAND DISTRICT

PO BOX 2946

BLOCK 300 - 333 SW FIRST AVE

PORTLAND OR 97208-2946

W9127N 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9127N-16-R-0032

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The basis for award is lowest prices, technically acceptable offer. Evaluation of Proposals shall be by using the Lowest Price Technically Acceptable (LPTA) process.

The two non-price factors: Experience and Technical Capabilities will be evaluated on an Acceptable or Unacceptable basis. In order to be considered technically acceptable, offers must be rated as Acceptable for all two non-price factors: Experience and Technical Capabilities.

The following factors shall be used to evaluate offers:

Factor 1 (Volume 1, Tab 01) – Experience

Submission requirements:

The information provided in this factor shall demonstrate a contractor’s experience in the delivery and disposal of blended oil products.

The offeror shall provide information for a minimum of three and no more than five projects completed or substantially completed* in the past five years demonstrating the contractor’s experience providing 24,000 8,000 gallons of oil with a blended additive or filtered. Information for each project shall include:

1. Name and address of client;

2. Client point of contact name, current phone number and email address;

3. Project title/number and award amount;

4. Volume of oil delivered (minimum of 24,000 gallons required); and

5. Process the offeror used to blend the additive into the oil

*Substantially completed is defined as having completed more than 75% of the project work at the time of proposal submission.

Evaluation criteria:

The Government will review the submitted project information. Offerors will be given an “ACCEPTABLE” rating if they submit three past experiences completed or substantially completed in the past five years demonstrating the delivery of at least 24,000 8,000 gallons of oil, with additive blending using the same blending process and temperature or filtered as described in the Product Specifications in Attachment A. The Government may contact the listed point of contact to verify the experience.

Factor 2 (Volume 1; Tab 03) – Technical Capabilities

Submission Requirements:

The offeror shall provide the following in demonstration of technical capabilities:

1. Spill Prevention Plan (Reference 01 57 20.00 25 ENVIRONMENTAL PROTECTION): In order to demonstrate that the offeror has the capability to perform proper oil spill prevention in accordance with all applicable federal, state of Oregon, and local environmental protection laws and regulations, the offeror shall submit a sample spill prevention plan suitable for delivery of oil to John Day Dam in Rufus, Oregon.

The plan may be tailored for John Day or it may be a previous plan for another large facility delivery. The plan shall include:

a. A description of the offeror’s spill prevention personnel training program.

b. A list of materials and equipment to be immediately available at the job site, tailored to cleanup work for oil, and a description of the methods and procedures to be used for expeditious cleanup.

c. Procedures to be used in the event of an unforeseen spill, with a sample Spill Emergency Initial Report

Form, and a list of agencies to be informed with appropriate contact phone numbers.

2. Facilities (Reference 48 13 19.00 26 TURBINE OIL):

a. Facility for Disposal of Used Oil: Identify the facility (name and address) to be used for used oil disposal. Facility shall have fewer than 10 Other Than Serious, fewer than 8 Serious, 0 Willful, fewer than 4 Repeated, and 0 Failure to Abate Occupational Safety and Health Administration (OSHA) violations referenced above.

b. Facility for New Oil: Identify the facility (name and address) that will be used in the storage, filtration and mixing of new oil. Include a letter from the facility stating how the oil will be stored, heated, mixed, filtered. Also either submit a calibration certificate for the facility’s particle counter or a statement stating that a calibration certificate will be submitted prior to first delivery.

Evaluation criteria:

Offerors must receive and “ACCEPTABLE” rating on all sections below in order to receive an overall rating of “ACCEPTABLE” for Factor 2 – Technical Capabilities.

1. Spill Prevention Plan (Reference 01 57 20.00 25 ENVIRONMENTAL PROTECTION): The offeror will receive an “ACCEPTABLE” rating for submitting a spill prevention plan that includes all of the items outlined in the submission requirements, as stated above, and if the plan is in compliance with all federal, state of Oregon, and local environmental protection laws.

2. Facilities (Reference 48 13 19.00 26 TURBINE OIL):

a. Facility for Disposal of Used Oil: The offeror will receive an “ACCEPTABLE” rating if the facility

(name and address) to be used for used oil disposal is identified and the facility has fewer than 10 Other Than Serious, fewer than 8 Serious, 0 Willful, fewer than 4 Repeated, and 0 Failure to Abate Occupational Safety and Health Administration (OSHA) violations. The Government intends to use publically available databases from federal and state regulatory organizations to verify responses to this factor.

b. Facility for New Oil: The offeror will receive an “ACCEPTABLE” rating if the offeror demonstrates the following:

(1) That the facility is capable of storing at least 24,000 gallons of oil and has a filtration system capable of filtering the oil to 16/14/11 17/15/12 per International Organization for Standardization (ISO) 4406, with a particle counter calibrated to ISO 11171.

(2) That the facility has the means to ensure that the oil is at a minimum of 60 degrees Fahrenheit prior to filtration and the ability to inject the Lubrizol additive into the oil stream during filtration to achieve a homogenous mixture.

(3) That a Calibration certificate for the particle counter will be provided prior to first delivery.

Factor 3 (Volume 2) – Price Proposal

Offerors shall provide a complete price proposal to include pricing for all optional Contract Line Item Numbers (CLINs) if applicable. The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

To be complete, the offeror must provide all data that is requested and necessary to evaluate the prices.

The Government will evaluate offers for award purposes by adding the total price for all option items, if applicable, to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the options.

The Government intends to evaluate proposals and award without discussions (except clarifications, as described in Federal Acquisition Regulation (FAR) 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms. The Government reserves the right to conduct discussions if the Contracting Officer determines them to be necessary.

Tab 3 – SF1449, Solicitation, Offer, and Award

The standard form (SF) 1449 shall be filled out completely by the offeror and signed by an official that is authorized to bind the company. The offeror shall also provide and acknowledge all amendments in accordance with the instructions on the SF1449. The offeror shall complete the required Annual Representations and Certifications through the System for Award Management (SAM) at http://www.sam.gov/.

This tab will not be rated, but will be evaluated for responsiveness and completeness. A rating of “UNACCEPTABLE” will be given to those proposals with incomplete data in this section

Tab 4 – Price Schedule

The price proposal will be evaluated to determine reasonableness. The Government will consider not only the total for all line items, but also the prices for individual Contract Line Item Numbers (CLINS) in the evaluation to ensure prices are not unbalanced. Price will be evaluated on the total for line items submitted on the Binding Price Schedule.

Tab 5 - Small Business Subcontracting Plan

Large business concerns must submit a subcontracting plan as part of their proposal. See Attachment 3, Small Business Subcontracting Plan. Award will not be made under this solicitation without a subcontracting plan approved by the Contracting Officer. Final goals will be negotiated prior to contract award, and the subcontracting plan will then become a material part of the contract.

Subcontracting plans will be evaluated using Appendix DD to the Army Federal Acquisition Regulation Supplement (AFARS) 5119.705-4(d) to determine the offeror’s ability to subcontract to small business and carry out the terms and conditions set forth in the contract clauses. If discussions during this review raise doubts regarding intentions or ability to comply with contractual obligations, it could result in disqualification for award. An award cannot be made without an acceptable small business plan.

Small businesses shall identify intended subcontractors and percentage of work allocated to them.

(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.

(End of provision)

(End of Summary of Changes)