07_GBFMD_Exhibit 4-FAR ADDENDUM 52.212-1&2.pdf

Global Bulk Fuel Management and Delivery (GBFMD) Exhibit 4, FAR ADDENDUM 52.212-1 and 2

Effective 1-October-2025

Instructions, Conditions, & Notices to Offerors or Quoters

ADDENDUM TO 52.212-1 INSTRUCTION TO OFFERORS

1. Objectives

The Government intends to award multiple Indefinite Delivery, Indefinite Quantity (IDIQ) contracts as a result of this solicitation. Award will be made to the offeror whose proposal represents the best value in accordance with the evaluation criteria identified in the Addendum to FAR 52.212-2, Evaluation Factors for Award. The Government will utilize a best value without tradeoff selection process, evaluating proposals in a phased approach as described in FAR 52.212-2. The Government intends to evaluate offers and award a contract without exchanges with offerors.

Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint.

However, the Government reserves the right to conduct exchanges with any or all offerors submitting a proposal, if later determined by the Contracting Officer to be necessary. This statement is not to be construed to mean that the Government is obligated to communicate with every offeror (Note that FAR Part 15 procedures do not apply;

therefore, formal discussions are not applicable. Except for FAR 15.404-1(b), which will be followed to determine whether the offerors' proposed prices are fair and reasonable.). If deemed in the best interest of the Government, the Contracting Officer reserves the right to award no contract at all.

2. General Instructions

i) General Proposal Guidance: This section of Instruction to Offerors provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. The offeror's proposal must include all data and information requested by the solicitation and in accordance with these instructions. Non-conformance with the instructions provided in this Instruction to Offerors may result in the removal of the proposal from further evaluation.

The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government's requirements but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their capabilities and experience and will base its evaluation on the information presented in the offeror's proposal.

The offeror shall make a clear statement in Volume I, Cover Letter, that the proposal is valid for a minimum of 150 days from the proposal due date.

In accordance with Federal Acquisition Regulation (FAR) Subpart 4.8 (Government Contract Files), the Government will retain one digital copy of all unsuccessful proposals.

3. General Information

i) Points of Contact: The Contracting Officer, Nicholas Van Osdale, and the Contract Specialist, Erica Weaver, are the sole points of contact for this procurement. Any questions or concerns shall be addressed in writing only to the Contracting Officer and Contract Specialists.

ii) Communications: Exchanges of source selection information between the Government and offerors will be controlled by the Contracting Officer and/or Contract Specialist. Exchanges with industry will be transmitted through email and will be treated as source selection information. Questions will only be addressed if received in email. Questions/comments are due no later than 12:00 PM (CT) on Wednesday, 10 September 2025. Questions submitted after the submission deadline may not be answered. The email is to be addressed to the Contracting Officer and Contract Specialist as follows:

Email Address:

nicholas.a.vanosdale.civ@mail.mil, and erica.m.weaver2.civ@mail.mil

Subject Line Reference:

HTC71125RE141, [Contractor Name], Source Selection Information See FAR 2.101 and 3.104 mailto:nicholas.a.vanosdale.civ@mail.mil mailto:erica.m.weaver2.civ@mail.mil

Questions/comments provided prior to the question/comment submission deadline will be answered in writing and posted to SAM.gov. The time frame for submitting questions will not be extended as a result of an extension to the proposal submission deadline, unless authorized by the Contracting Officer

4. General Proposal Information

i) The offeror's proposal shall be received by the due date specified in the RFP cover letter. Electronic copies of the proposal shall be received in a format that can be read by Adobe Acrobat or Microsoft 365.

ii) All amendments to this RFP shall be acknowledged in Volume 1, Cover Letter, of the offeror's proposal.

iii) The Government requires proposals be valid for at least 150 calendar days.

iv) Online Representations and Certifications. Offeror is required to be registered in the System for Award Management (SAM) database (https://www.sam.gov) and complete electronic representations and certifications in the SAM at the time of proposal submission in accordance with FAR 52.204-7. The Government will reference the date of SAM verification and include a copy of the electronically submitted representations and certifications in the contract file.

v) All offerors must comply with Defense Federal Acquisition Regulation Supplement (DFARS) provision 252.204-7019 and clause 252.204-7020. In order to be considered for award, offerors are required to have a current assessment (no more than 3 years old) for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order in accordance with DFARS 252.204-7020.

vi) By submitting a proposal, the offeror accedes to all RFP requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors and subfactors. Failure to meet an RFP requirement may result in a proposal being determined non-compliant and/or technically unacceptable, and therefore, may result in the offeror being eliminated from further consideration.

vii) Software and Data Rights - The Government obtains under this contract "unlimited rights" to all commercial and non-commercial technical data, computer software, software source code, computer software documentation, enhancement, and similar non-commercial data developed exclusively at Government expense and delivered to the Government under this contract. "Unlimited rights" means rights to use, modify, reproduce, release, perform, display, or disclose in whole or in part, in any manner and for any purpose whatsoever, and to have the ability to authorize others to do so. For all non-commercial software provided by the contractor, the contractor shall ensure that any individual who creates any of the computer software provides an assignment of any and all proprietary rights in the computer software including all copyrights and patent rights to the software so that the Government has the unlimited rights to the software specified above. It is the contractor's obligation to ensure compliance with all open-source covenants or requirements if any open-source software is included in any deliverable.

viii) Organization / Markings

(1) The proposal shall be structured into four volumes with maximum page limits as indicated below. Each volume shall be written to the greatest extent possible on a stand-alone basis so that its contents may be evaluated with a minimum of cross referencing to other volumes of the proposal. Each volume shall contain a cover page and a glossary of all abbreviations and acronyms used within that volume, with an explanation for each. The offeror shall make every effort to minimize the amount of data submitted as part of the proposal. The maximum page limit for each volume includes all text pages, tables, graphs, and other types of illustrative material. Cover pages, tables of contents and glossaries do not count against the page limits for the respective volumes. The page limitations listed below are absolute maximums and not planning goals. Excess pages exceeding the maximum limits will not be read or considered in the evaluation. It is entirely acceptable to submit volumes with fewer pages than the maximum limit.

PROPOSAL VOLUMES 1 - 4 PAGE LIMIT

Volume 1 – Introductory Section 1 - Cover Letter Section 2 - Organizational Conflict of Interest (OCI) Mitigation Plan (if required) Section 3 - DD254 (PWS - Attachment 3) Section 4 - Completed Provisions from RFP Volume 1, comprised of all three sections, shall be submitted as a single document (Adobe PDF or Microsoft Word).

No Page Limit

Volume 2 - Phase I Corporate Experience Volume 2 shall be submitted as a document (Adobe or Microsoft Word). 10 Page Limit

Volume 3 - Phase II Technical Capability Volume 3 shall be submitted as a document (Adobe or Microsoft Word). 10 Page Limit

Volume 4 – Price Volume 4 shall be submitted as a Microsoft Excel spreadsheet utilizing Exhibit 3, Price Detail and Staffing Matrix.

No Page Limit

(2) Page Limitations. Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal. Page limitations shall not be circumvented by including inserted text boxes/pop-ups or internet links to additional information; such inclusions are not acceptable and will not be considered as part of the proposal. The Government reserves the right not to consider for award any proposal that does not adhere to the administrative requirements of this solicitation.

(3) Page Size and Format. A page is defined as the material that fits between page breaks in a Microsoft Office Word document. Pages shall be 8.5 x 11 inches in format size. The font type/text size shall be no smaller than 10-point Arial or Times New Roman (no other font variations are acceptable) font for all text. For all tables, charts, graphs, and figures included in the proposal, the text shall be no smaller than 10-point Arial or Times New Roman font.

This section does not apply to Government-provided templates and attachments. Offerors shall follow the formatting in the specific document.

5. Submission Requirements

PHASE I:

i) Volume 1 - Introductory (no page limit). This volume shall contain the information listed below and any other items for which a location has not otherwise been specified.

(1) Cover Letter. Offerors shall submit a cover letter which shall include the following information:

(a) Offeror name/address

(b) Offeror CAGE code and Unique Entity ID number

(c) The names and contact information of the offeror's authorized points of contact (POCs)

(d) DD254 (PWS - Attachment 3)

(e) A minimum 150 calendar day proposal validation

(f) Acknowledgement of any RFP amendments

(2) Solicitation/Contract Form. Completion of blocks 30b and signature and date for blocks 30a and 30c of the Standard Form (SF) 1449. Signature by the offeror on the SF 1449 constitutes an offer, which the Government may accept. By signing block 30 of the solicitation, the offeror acknowledges compliance with all sections in this solicitation, HTC71125RE141.

The offeror must comply with the FAR provision 52.204-7 entitled "System for Award Management." Offerors are required to be registered in SAM at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements. An offeror may be determined ineligible for contract award if not registered within SAM at time of offeror and/or at time of award. Offerors are also required to complete and submit fill-ins, representations, certifications, acknowledgments, and statements reflected in this solicitation.

(3) Organizational Conflict of Interest (OCI) Mitigation Plan. As required by FAR 9.5, the Government will avoid, neutralize, or mitigate significant potential conflicts before contract award. If any such conflict of interest is found to exist, the CO may disqualify the offeror or determine that it is otherwise in the best interest of the United States to contract with the offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract award. The offeror shall provide the CO with complete information of any previous or ongoing work that is in any way associated with the acquisition. Offerors shall submit a mitigation plan that addresses actual or perceived OCIs related to the services required by this effort for Government review. The Government will conduct an independent assessment review of any submitted OCI Mitigation Plan to determine if any actual or perceived OCI exists and what further actions are necessary, if any. Additionally, the Government will monitor contract performance for emerging areas of conflict of interest and take action considered necessary to avoid, neutralize, or mitigate conflicts. If the offeror believes there is no OCI, a statement as such will be included in Section 2 of Volume 1.

(4) DD254 Requirement: Contractors must possess a final or interim Top-Secret Facility Clearance (FCL) to participate in task order requirements involving access to classified DoD data. Without an active final or interim Top-Secret FCL, contractors will be strictly prohibited from engaging in any requirements that involve access to CLASSIFIED information. If contractors do not have an active or interim FCL at time of award, USTRANSCOM will sponsor the contractors that receive an award on this contract.

(5) Contractor’s must provide written documentation that their company is in compliance with DFARS 252.225-7966 Prohibition Regarding Russian Fossil Fuel Business Operations—Representation (Deviation 2024- O0006, Revision 1).

(6) Solicitation Requirements, Terms, and Conditions. Offerors are required to address all solicitation requirements, such as terms and conditions, representations and certifications, and all factors and subfactors. Failure to comply with the terms and conditions of the solicitation may result in the offeror being ineligible for contract award. Additionally, this solicitation incorporates one or more provisions and clauses by reference, with the same force and effect as if they were given in full text.

ii) Volume 2 - Phase I Corporate Experience (10-page limit). This volume shall contain the offeror's Corporate Experience. The offeror must demonstrate a comprehensive understanding U.S. refining processes, product specifications, logistics networks, and knowledge of the fuel supply chain when developing consulting services and data-driven analyses of DoD requirements to inform the integration of commercial energy sector capabilities into GBFMD operations, particularly during crisis and contingency situations. Offerors shall submit a Corporate Experience Narrative to include years of corporate experience and a Project/Contract Summary for a maximum of three (3) examples either as a prime contractor or as a subcontractor.

(1) Project/Contract Summaries. For each project/contract, provide the following information:

a. Contract/Project Name.

b. Customer/Client Name to include current telephone number and email address.

c. Project Summary. Provide a brief, yet comprehensive summary of the project's background, purpose and objectives.

d. Experience Narrative. Experience shall cover:

i. Knowledge of Fuel Logistics: Services directly related to the Knowledge of Fuel Logistics;

1. Understanding Fuel Supply Chain;

2. Knowledge of Storage Capacity and Distribution Networks;

3. Expertise in Fuel Movement and Transportation Methods;

4. Specific Knowledge of Fuel Logistics in Support of National Defense (Specifically address experience working with DoD or similar commercial partners on fuel supply during crisis or national defense scenarios. Examples include reserve fuel storage, surge capacity, adapting fuel specs to accommodate needs, etc.).

ii. Control of Critical Infrastructure: Services directly related to Control of Critical Infrastructure;

1. Infrastructure Ownership and Operational Expertise;

2. Understanding of Production Capacity and Limitations;

3. Knowledge of Storage and Distribution Infrastructure Capabilities;

4. Understanding & Capacity for Industrial Mobilization (Specifically address the refinery's understanding and capacity to increase production in the event of a national emergency. Examples include backup power systems, mothballed capacity that can be brought online, raw materials supply lines, etc.).

iii. Offer Real-Time Market Insights: Analytical methods utilized to provide real-time market insights;

1. Does your company have access to real-time market data? What tools are utilized to access this data?;

2. Ability to Predict Fuel Availability and Pricing Trends;

3. Understanding of Potential Disruptions and Mitigation Strategies;

4. Understanding of Market Impact of National Defense Fuel Needs (Specifically address the refinery's understanding of how increased DoD fuel demand or disruptions to the supply chain, especially for specific fuels, impact the broader market. Examples include analysis of market elasticity, impact on consumer prices, etc.)

5. Understanding of specific fuel type knowledge that the DoD would need and when (Discuss the refinery's expertise on fuel type changes due to supply chain challenges).

iv. Deliverables and Outcomes

1. How did the project's outcomes impact decision-making? Provide how the analysis derived from your project led to improved outcomes for the client.

Specifically, your work facilitated better decision-making, resulting in measurable improvements in operations, efficiency, or effectiveness.

PHASE II:

iii) Volume 3 - Phase II Technical Capability (10-page limit). This volume shall contain the offeror's technical approach for the subfactors specified below.

(1) Subfactor 1 – Global Bulk Fuel Management and Delivery Consulting and Data Analysis Support. Offeror shall propose a detailed Technical Approach to provide services under PWS Paragraphs 3.A. Task 1 – Data Analysis, 3.B Task 2 – Consulting and Planning Operations, and 3.C Task 3 - Reports.

(2) Subfactor 2 - Staffing Approach. Offeror shall propose a detailed staffing approach which identifies the necessary personnel resources given your unique technical approach to performing the PWS tasks.

Utilizing Exhibit 3, Price Detail and Staffing Matrix, the offeror shall identify the proposed labor categories and hours by PWS Task Area. The staffing approach shall provide stable staffing, with types and numbers of positions proposed, that are sufficient to ensure successful performance of the requirements based on the offeror's unique approach. The number of annual hours used to represent one FTE shall also be identified in the Price Detail and Staffing Matrix. Offeror's staffing plan shall describe the requisite education, experience, certifications, security, or special skills for each labor category proposed to perform the intended PWS tasks. Offeror should not provide names of personnel in their proposals, only descriptions.

iv) Volume 4 - Price (no page limit). This volume shall contain the offeror's Price Proposal, in the form of an Excel spreadsheet and all backup documentation used to support the prices.

(1) Utilizing Exhibit 3, Price Detail and Staffing Matrix, offerors shall provide their proposed labor categories and proposed labor rates. For each period of performance sheet, offerors shall identify the labor categories, labor rates and labor hours by PWS Task Area.

6. ADDITIONAL INFORMATION

Although not required as part of proposal submission, the awardee will be required to submit PWS - Attachment 2, Cyber Security Self-Assessment and Plan of Action, per the PWS section 7.A.2. The Contractor shall provide a Self- Assessment of its compliance with National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 and present a Plan of Action that identifies any deviations, noncompliance, or proposed alternative means of compliance as well as plans for correcting noncompliant requirements to the CO within 60 days of contract award and then annually thereafter. The Self-Assessment and Plan of Action shall address all the requirements in NIST SP 800-171.

(End of Provision)

ADDENDUM TO 52.212-2 EVALUATION - COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

The Government plans to award multiple firm-fixed-price IDIQ contracts under this solicitation to responsible offerors whose proposal aligns with the solicitation requirements, considering price and other evaluation factors.

Multiple contracts will be awarded to provide the Government flexibility of choice and service coverage.

1. Evaluation Approach

Evaluations will be conducted in accordance with FAR 12.6, supplemented by FAR 13.5. The Government will utilize a best value with trade-off selection process, evaluating proposals in a phased approach manner as described below, to identify the offerors who represent the best value to the Government. Corporate Experience will be evaluated as Confidence/ Low Confidence. Technical Capability will be evaluated as High Confidence, Some Confidence, or Low Confidence. Technical Capability Subfactors are equal. To be eligible for award, the offeror must be assigned a Confidence rating for Corporate Experience, and a High Confidence or Some Confidence rating for Technical Capability Subfactors 1 and 2. Multiple contracts will be awarded to provide the Government flexibility of choice and service coverage. This may result in an award to a higher rated, higher priced offeror, where the decision is consistent with the evaluation factors. However, the Government will not pay a price premium that it considers to be disproportionate to the benefits associated with the proposed margin of service superiority. The following factors shall be used to evaluate offers:

A. Factor 1: Corporate Experience

B. Factor 2: Technical Capability

i) Subfactor 1 - Global Bulk Fuel Management and Delivery Consulting and Data Analysis Support

ii) Subfactor 2 - Staffing Approach

C. Factor 3: Price

2. Evaluation Process

A. Initially for Phase 1, the Government will review each offeror's proposal to verify that each volume conforms to the solicitation requirements (to include all terms, conditions, representations, certifications, and all other information required by the solicitation); proposals will be determined as "compliant" or "not compliant" with the solicitation requirements.

B. Next, the Government will evaluate each offeror's Phase 1 Corporate Experience proposal in accordance with Section 3(A) and assign a Corporate Experience rating as defined therein. Offers receiving a Corporate Experience rating of Confidence will be considered in Phase II. Offerors receiving a Corporate Experience rating of Low Confidence will be removed from further consideration for award.

C. Initially for Phase II, the Government will review each offeror's proposal to verify that each volume conforms to the solicitation requirements (to include all terms, conditions, representations, certifications, and all other information required by the solicitation); proposals will be determined as "compliant" or "not compliant" with the solicitation requirements.

D. Next, the Government will evaluate each offeror's Phase II Technical Capability Proposal (Subfactors 1 & 2 / Volume 3) in accordance with Section 3(B) and assign a Technical Capability rating as defined therein.

E. Upon completion of Phase II technical evaluations, the Contracting Officer will also make a determination of price fair and reasonableness in accordance with Section 3(C)(ii). An award will be made to all offeror(s) that receive a Corporate Experience rating of Confidence, a technical evaluation rating of High Confidence or Some Confidence and whose price is deemed fair and reasonable.

F. The Government intends to evaluate offers and award a contract without exchanges with offerors.

Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint.

However, the Government reserves the right to conduct exchanges with any or all offerors submitting a proposal, if later determined by the Contracting Officer to be necessary. This statement is not to be construed to mean that the Government is obligated to communicate with every offeror. If deemed in the best interest of the Government, the Contracting Officer reserves the right to award no contract at all.

3. Evaluation Factors

Each offeror's proposal will be evaluated against the following criteria:

A. Factor 1: Corporate Experience

i) Corporate Experience will be evaluated at the factor level on a Confidence or Low Confidence basis and will receive one of the following ratings:

RATING DESCRIPTION

Confidence Based on the offeror's corporate experience record, the Government has confidence that the offeror will successfully perform the required effort.

Low Confidence Based on the offeror's corporate experience record, the Government has little to no confidence that the offeror will be able to successfully perform the required effort.

Phase II Evaluation

B. Factor 2: Technical Capability

i) Technical Capability will be evaluated at the subfactor level. Technical Capability Subfactors 1 & 2 will be evaluated on a High Confidence, Some Confidence or Low Confidence basis and will be assigned one of the following ratings:

RATING DESCRIPTION

High Confidence The Government has high confidence that the offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence The Government has some confidence that the offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

Low Confidence

The Government has little to no confidence that the offeror understands the requirement, proposes a sound approach, or will be successful in performing the contract, even with Government intervention, resulting in the proposal being not awardable.

(1) Subfactor 1 – Global Bulk Fuel Management and Delivery Consulting and Data Analysis Support.

Offeror shall propose a detailed Technical Approach to provide services under PWS Paragraphs 3.A. Task 1 – Data Analysis, 3.B Task 2 – Consulting and Planning Operations, and 3.C Task 3 - Reports.

(2) Subfactor 2 - Staffing Approach. Offeror shall propose a detailed staffing approach which identifies the necessary personnel resources given your unique technical approach to performing the PWS tasks. Utilizing Exhibit 3, Price Detail and Staffing Matrix, the offeror shall identify the proposed labor categories and hours by PWS Task Area. The staffing approach shall provide stable staffing, with types and numbers of positions proposed, that are sufficient to ensure successful performance of the requirements based on the offeror's unique approach. The number of annual hours used to represent one FTE shall also be identified in the Price Detail and Staffing Matrix. Offeror's staffing plan shall describe the requisite education, experience, certifications, security, or special skills for each labor category proposed to perform the intended PWS tasks. Offeror should not provide names of personnel in their proposals, only descriptions.

C. Factor 3: Price

i) The Government will calculate each offeror's Total Evaluated Price (TEP) by adding the total price of the base period, and all option periods.

ii) Upon completion of Phase II technical evaluations, the Government will complete a price analysis using one or more of the techniques in FAR 15.404-1(b)(2) to determine if the TEP is fair and reasonable.

D. 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).

E. 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)