Att 11 - FAR 52.212-1 Addenda.pdf

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES

ADDENDA TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL ITEMS

PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. In addition to the above, for NAICS code 324110 – To qualify as small for purposes of Government procurement, the petroleum refiner, including its affiliates, must be a concern that has either no more than 1,500 employees or no more than 200,000 barrels per calendar day total Operable Atmospheric Crude Oil Distillation capacity. Capacity includes all domestic and foreign affiliates, all owned or leased facilities, and all facilities under a processing agreement or an arrangement such as an exchange agreement or a throughput. To qualify under the capacity size standard, the firm, together with its affiliates, must be primarily engaged in refining crude petroleum into refined petroleum products. A firm’s “primary industry” is determined in accordance with 13 CFR § 121.107.

(b) Submission of offers. The following is hereby added:

(4) In addition to this paragraph, the following information is provided:

i. SELF RESTRICTIONS: Minimum and maximum quantities must be consistent throughout all OET sections, i.e., minimum and maximum quantities in Section A – Standard Offeror Sheet(s) must be consistent with minimum and maximum quantities in Section E – Offeror Conditions, and Section F – Sources of Supply. For example, under Section A – Standard Offeror Sheet(s), if you are offering a maximum amount of 150,000,000 USG of JAA by FOB Origin pipe from a refinery in Houston, TX, but limit your maximum quantity to 100,000,000 USG under Min/Max For Individual Shipping Location in Section E – Offeror Conditions, you are self-limiting a potential contract award by 50,000,000 USG (100,000,000USG in Section E vice 150,000,000 USG in Section A). Please ensure all minimum and maximum quantities in your Origin and/or Destination offers are consistent with any conditions (OET Section E) and/or production amount in Source of Supply (Section F).

ii. MEASUREMENT: Maximum and minimum parcel sizes for each location are expressed in Barrels (BBLS). All other volumes are stated in U.S. Gallons (USG) unless indicated differently.

iii. DESTINATION OFFERS: For all FOB Destination offers, offerors are responsible for ascertaining and following delivery location access procedures, including obtaining any necessary clearances to access the delivery location. Access procedures and clearance processing times may vary greatly depending on the delivery location. Any questions regarding delivery location access procedures and processing times should be directed to the specific delivery location. Contact information for the specific end-location can be obtained through your assigned contract specialist.

iv. Evaluation of BARGE, TANKER, PIPELINE, RAILCAR, and TRUCK OFFER volumes may be limited to basis of supply chain constraints such as, throughput capacity, provisions of governing tariff/shippers manual, asset availability, and solicited minimum/maximum parcel sizes. If the application of this provision results in a restriction to the quantity offered, then the Government will restrict the volume available for award.

v. The language in F14 SHIPMENT AND ROUTING (DLA ENERGY OCT 2020) requiring seals is not applicable for JAA tank trucks unless/until the Government provides notification of an

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elevated security requirement. The offeror will be required to begin sealing all applicable conveyances within 24 hours of being notified of elevated security requirement (e.g., rise in threat level conditions (THREATCON level)). The sealing of all applicable conveyances will continue until the THREATCON level is reduced, and all offerors will be required to acknowledge and accept this condition as part of the terms and conditions of any resultant award.

vi. M41.04 EVALUATION OF OFFERS INVOLVING OTHER THAN F.O.B. TANKER

BULK) (DLA ENERGY JUL 2010): Tank truck rates used in the BEM are those in effect at the time of receipt of initial offers including the fuel surcharge in effect at that time. The applicable surcharge is based on mileage and the U.S. Energy Information Administration (EIA) On- Highway Diesel Fuel Prices. Offerors wanting to review information on weekly rate changes resulting from fuel surcharges may do so at the U.S. EIA website at:

https://www.eia.gov/petroleum/gasdiesel.

vii. For offerors that will be offering Jet A via tank truck, which involves staging fuel at a terminal via multi product pipeline, a Certificate of Quality of the issue tank must include testing for Fatty Acid Methyl Ester (FAME) for Acceptance of the fuel. The test method used must be allowed in the ASTM D1655 specification and below the specification limit of 50 parts per million. Offerors may seek relief from the FAME testing requirement in QAP C16.08-1 section (b)(2) by submitting documentation addressing the following points:

a. Do you use any biodiesel on the refinery site?

b. Is there a policy to ensure that comingling does not occur? If so, please supply a copy.

c. Are you the sole supplier along the subject supply chain? What risks are there regarding the introduction of FAME in the supply chain?

d. If not, what assurances are there on the common line to prevent FAME contamination? Is there a policy? If so provide it.

e. Is there testing to verify the enforcement of the policy?

f. How often does testing occur? If so, please supply test results.

viii. Due to the nationwide HAZMAT truck driver shortage, DLA Energy is only considering FOB

Origin locations that are within the eight hour round trip to delivery destination and back to origin to be available to load the next day.

ix. F3.02 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER AND SEA VAN

(INTERMODAL CONTAINER) FREE TIME AND DETENTION RATES

(BULK/FSII/LUBES/JPTS) (DLA ENERGY JUNE 2024): Truck detention rates are to be submitted in accordance with the above text. All detention rates must be included as part of the Offer Submission Package (OSP) through the Offer Entry Tool (OET) in order to be evaluated for award (see attachment 5).

x. SPECIFIC TO EXPLORER PIPELINE: Minimum parcel sizes of 25,000 barrels per cycle are required for Explorer Pipeline.

xi. SPECIFIC TO ENTERPRISE PIPELINE: Product on the Enterprise (formerly TEPPCO) Pipeline can only be evaluated for intrastate movements, i.e., DFSP Lebanon can only be evaluated from Lima, OH. Product can also be evaluated into the Enterprise Pipeline from DFSP

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Houston via the GENCO pipeline. Pipeline deliveries are limited to FOB Origin offers from shipping locations with connection to the Enterprise Pipeline.

xii. FOB DESTINATION JET A PIPELINE Line Items, failure of the product received into the

Acceptance tank, as verified by failure of incoming retained samples, will require the contractor to remove all product in the tank, clean the tank, and provide a replacement batch that will cover the received amount as well as the amount of product that was in the tank prior to the off-spec condition as soon as possible. In this case, retained samples will be taken on the incoming line prior to receipt into the receiving activity's tanks.

xiii. SPECIFIC TO COLONIAL PIPELINE: Suppliers contracted to ship on the Colonial Pipeline may, as a post award action, request approval from the Contracting Officer to add shipping point(s) which was/were included in the suppliers’ offer submission package (OSP). The price(s) for any additional/alternate shipping point(s) on the Colonial Pipeline, must be less than or equal to the laid down cost of the shipping point included in the supplier’s initial award. The supplier may request to change the established shipping/ingress point for this movement to one of the alternate shipping/ingress points no later than 7 business days prior to the scheduled delivery date per the Colonial Pipeline Shipper Manual and Tariffs (December 2022 and as revised thereafter), Section 2.3, Paragraph 2.3.3.3, Origin Changes. The alternate shipping point/Line Item must have quantity available that is equal to or greater than the ordered volume. Final approval of shipping point changes must be coordinated and approved by the Contracting Officer

a. Pipeline nominations will be placed at a minimum of 15 calendar days prior to the scheduled delivery date in accordance with F1(a)(2)(i) of this Contract. This order will be the binding notification to the Supplier of DLA Energy's scheduled pipeline cycle lift date, quantity, and shipping/ingress point.

b. Suppliers must follow the Shipping rules as stated in the Shipper Manual and Tariffs

(December 2022 and as revised thereafter), Section 2.3, Paragraph 2.3.3.3, Origin Changes. See Shipper Manual and Tariff at https://www.colpipe.com/customers/shipper-manual-and-tariffs.

c. The Supplier will be responsible for any penalty, fee, or other expense DLA Energy incurs from the Pipeline Company due to the request for change of shipping/ingress point made pursuant to (4)(i) of this addenda.

xiv. SPECIFIC TO ALL PIPELINES:

Pipeline Product Flash Point (Degrees Fahrenheit)

Colonial JAA 105 Products JAA 105 Buckeye JAA 105

Explorer JAA 108

Magellan JAA 108 Enterprise JAA 110

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Colonial JP5 See C QAP 16.01(a)c

xv. For all F76 tanker deliveries, the minimum parcel offered must be at least 100,000 barrels or greater.

xvi. Offers that require Panama Canal transit will not be considered for delivery on a FOB Origin basis.

xvii. PORT ASSESSMENT: If an award is extended for a FOB Origin Tanker offer, the offeror will be required to provide the government a Facility Security Officer point of contact for the awarded shipping points so a post-award Port Assessment (PA) can be completed. Naval Criminal Investigative Service (NCIS) shall perform a PA prior to the delivery period. The Facility Security Officer provided shall coordinate with NCIS, as needed. Validity terms of the PA are based on Force Protection Condition (FPCON) and may range from one to three years.

(12) FAR 52.212-2, FACTOR 1: TECHNICAL ACCEPTABILITY: The below items must be included in any initial offers in addition to all technical items outlined in FAR 52.212-2, Factor 1:

Technical Acceptability. Offerors are reminded that the contracting officer has the right to set a competitive range in accordance with FAR 15.306(c).

i. Offered prices must be tied to base reference prices in the OET, in accordance with (IAW) B19.33.

ii. All exceptions, including any price escalator exceptions, must be entered in the OET and reference the contract provision, clause, or text for evaluation in accordance with M72.10.

a. Any exception/deviation to the solicitation that is not in Section M of the OSP or in an attachment compliant with subsection (f) of M72.10 will not be considered and will be rejected, regardless of whether the exception/deviation is explicitly labeled as an exception or a deviation.

b. Offerors shall provide written details during negotiations to address any and all technical issues and/or exceptions that the Government has identified as “Unacceptable” prior to the submission of Final Proposal Revisions (FPRs).

c. FPRs are the final opportunity to revise proposals to address any technical acceptability issues. If a FPR includes an unresolved technical issue or an exception that is not acceptable to the Government, the offer will be found technically unacceptable and ineligible for award.

iii. All supply commitment letter(s) (if applicable) must be uploaded in OET per L704.

iv. Additive prices must be included if offer includes additives.

v. Complete clauses as prescribed in the solicitation and attach in the OET.

(13) Offers must be submitted using the Bulk Offer Entry Tool (OET). Use of the OET is mandatory for this solicitation so offers can be imported directly into the Bulk Bid Evaluation

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Model (BEM) for the evaluation of FACTOR 2: PRICE. Any documents not submitted in the OET cannot be rated as part of the vendor’s offer submission package (OSP).

There are two types of OET instances or "rounds" that are available for use during the solicitation process - the "Standard" round and the "OET Price Reduction" 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, for any standard OET round following submission of Interim Proposal Revisions (IPRs), offerors will not be able to add new shipping points, products, modes of delivery, sources of supply, FOB, escalators exception requests or new bid lines. After the solicitation has been posted to Sam.Gov 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 receipts 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 IPRs before the conclusion of negotiations. The solicitation will have a Two-Part Close of Negotiations. Part I-Close of Negotiations will occur at IPR and will be an offeror's last chance to finalize shipping points, sources of supply, products, FOB, escalator exception requests, and modes of delivery. IPR submittal is also the last opportunity for offerors to submit additional bid lines. 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 offered price, method of delivery for each leg of the route, transportation and additive costs, any applicable evaluation factors, and the evaluated laid down 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's most recent OET submission for this acquisition (initial offer or IPR, as applicable) will 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 OET price reduction rounds.

At the start of each OET Price Reduction 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 down price for the quantity currently in line for award. The laid down 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 OET Price Reduction round an offeror is only allowed to lower their offered price, and may not make revisions to any other OET fields. All other OET

CUI Page 5 of 9 fields, including but not limited to product type, shipping location, quantity, conditions, will be locked during an OET Price Reduction round. During an OET Price Reduction 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 OET Price Reduction 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.

(14) Offerors must select only one mode of transportation and shipping point per sequence bid line offered in the OET. For example, a unique sequence bid line is necessary if an offeror wants to propose:

i. Multiple transportation modes from the same shipping point, or

ii. Multiple shipping points with the same transportation mode

(15) Offerors shall not propose FOB Destination and Tanker mode on sequence bid lines. The Military Cargo Preference Act of 1904 requires that 100% of cargoes for the U.S. military forces shall be carried on U.S. flag vessels.

(16) Offerors shall notify DLA Energy if the shipping points proposed have any transportation restrictions to any of the demand locations solicited. If transportation restrictions are in place from the proposed shipping point, Offerors must provide documentation from the cognizant port authority or management verifying the ability to provide product to the specific location(s) that has a delivery restriction. If sufficient documentation is not submitted, the bid lines will not be evaluated to the location that has restrictions to receive fuel from the proposed shipping point.

(17) All attachments in the Bulk OET must be in PDF format and NOT include any electronic signatures.

(18) Multiple PDF attachments are allowed to be uploaded with an offer in the Bulk OET. There are no size restrictions.

(19) When an OSP is submitted in the OET, a SF1449 that contains the preparer’s electronic signature will be included as part of the offer submission package. If the SF1449 shall be signed by someone other than the individual submitting the offer in the OET, please attach the completed and signed SF1449 as part of the OSP.

(20) All offerors shall return Attachment 5 – Fill-Ins.

i. Offerors that complete representations and certifications electronically in SAM, as instructed in FAR 52.212-2(b)(8), must verify that the dated provisions match what is in the solicitation. If the date of a representation and certification provision is older than what is in the solicitation, then the offeror shall complete the newer version in the solicitation.

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ii. Payment information will be relayed from SAM unless G9.07-5 ELECTRONIC

TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER

SYSTEM (DLA ENERGY JAN 2012) is filled out. G9.07-5 is applicable when offerors will be using international banking institutions or is an international company.

iii. G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM: Foreign offerors may elect payment by electronic transfer of funds via the Federal Reserve Wire Transfer System, which does not require the receiving bank to be located in the United States. Offerors must verify their Financial Institution (FI) is capable of receiving Federal Wire transactions via either a SWIFT Code or an IBAN number. Offerors that receive an award under this solicitation must ensure that the appropriate arrangements are made with its FI prior to submission of the first invoice.

(21) All offerors that propose an F76 sequence shall complete and sign Attachment 2 – F76 Traceability Sheet. If it includes an additive that is not approved, offerors shall submit an exception request.

(22) Map coordinates shall be provided as specified in Attachment 9 – Map Coordinate Desk Guide.

(23) Offerors shall submit more than one Authorized Negotiator and provide the full legal name for each Authorized Negotiator. The Government may not discuss a proposal with an individual who is not listed.

(24) Any award to a contractor, who, at the time of award, was suspended, debarred, or ineligible for receipt of contracts with Government agencies or in receipt of a notice of proposed debarment from any Government agency, is voidable at the option of the Government.

(25) Offeror shall Certify it has a Quality Control Plan on file with DLA Energy that is no more than 24 months old and is applicable to a DLA Energy Bulk Petroleum contract; OR Provide an outline of a proposed QCP that demonstrates an understanding of the quality assurance requirements in QAP E1 that does not exceed 2 pages.

(26) For testing and acceptance of Jet A/A-1 deliveries by tanker and barge QAP E1, CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY MAR 2022) will be used.

For Jet A offers via tank truck (FOB Destination), offerors may request an exception to Quality Assurance Provision (QAP) E1, authorizing Recertification Testing (RT) in accordance with the latest version of E1 JIG 1530 in any resultant contract. The offeror must address the following items when requesting the use of the E1 JIG 1530 RT, which will be reviewed for technical acceptability:

i. Provide a detailed supply chain map for the terminals where RT will be used, demonstrating complete traceability of the fuel.

ii. Provide examples of traceability documentation for the last point of certification of incoming product such as information issued on prior certificates of analysis (CoAs), Refinery Certificates of Quality (RQCs) or RT test report. Thermal stability results by ASTM D3241 must be included on RT document.

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iv. Agree to provide the following to the delivery point: CoA or RT test report along with a

Release Certificate (RC) and/or Bill of Lading (BoL).

v. Report additive volumes or concentration (measurement) for FSII, SDA and CI/LI on quality documentation or BoL for each delivery.

vi. Agree that when test results fall outside the acceptable RT differences, the product shall be immediately quarantined and remain under quarantine until subsequent investigation has deemed the quality of the fuel as acceptable.

vii. Agree that if more than 3 new batches are received into a tank on top of certified heel, the contents of the tank

(27) Under 10 U.S.C. § 2922h(a), absent a waiver, “the Secretary of Defense may not make a bulk purchase of a drop-in fuel for operational purposes unless the fully burdened cost of that drop-in fuel is cost-competitive with the fully burdened cost of a traditional fuel available for the same purpose.” If a contract for drop-in alternative fuel is awarded under this solicitation, it would qualify as a “bulk purchase of a drop-in fuel for operational purposes.” Therefore, in accordance with 10 U.S.C. § 2922h, a drop-in alternative fuel offer will be ineligible for contract award unless the fully burdened cost of the drop-in fuel is found to be cost competitive. The cost competitive analysis required by 10 U.S.C. § 2922h is fully separate from price evaluation in the Bid Evaluation Model (BEM), so that an offer that is evaluated in the BEM to be in line for award may not qualify as cost- competitive under 10 U.S.C. § 2922h.

(28) PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION

i. The Contractor shall use reasonable care to avoid damaging or contaminating existing buildings, equipment, asphalt pavement, soil, or vegetation (such as trees, shrubs, and grass) on the Government installation. If the Contractor fails to use reasonable care or fail to comply with the requirements of this contract and damages or contaminates any such buildings, equipment, asphalt pavement, soil or vegetation, or other Government facilities, he shall replace the damaged items or repair the damage at no expense to the Government and to the satisfaction of the Government. Should the Contractor fail or refuse to make such repairs or replacements, the Government may have the said repairs or replacement accomplished, and the Contractor shall be liable for the cost thereof which may be deducted from the amounts which become due under this contract. Informal agreement with the Contractor upon replacement, repairs, or costs to be deducted shall first be attempted by the Installation Commander or Ordering Officer. If disagreement persists, the matter shall be referred to the Contracting Officer. Unless approved by the Contracting Officer, no costs shall be deducted from amounts due or owing without the Contractor's consent.

ii. The Contractor shall take all measures as required by law to prevent oil spills (including, but not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping into or onto any land or water). In the event the Contractor spills any oil (including, but not limited to, gasoline, diesel fuel, fuel oil, or jet fuel), the Contractor shall be responsible for the containment, cleanup, and disposal of the oil spilled. Should the Contractor fail or refuse to take the appropriate containment, cleanup, and disposal actions, the Government may do so itself. The Contractor shall reimburse the Government for all expenses incurred including fines levied by Federal, State, or local governments.

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(29) SAFETY DATA SHEETS – COMMERICAL ITEMS

In accordance with I86.12 DELIVERY-ORDER LIMITATIONS (BULK) (DLA ENERGY OCT 2021), for each item to be delivered under this contract, the apparently successful offeror shall submit, prior to award, a Safety Data Sheet (SDS), NOT a Material Safety Data Sheet (MSDS), that meets the requirements of 29 CFR 1910.1200(g), the latest version of Federal Standard No. 313, and this clause. All data on the SDS shall be current, accurate, complete, and in compliance with Federal Standard No. 313.

(c) Period of Acceptance. Period of Acceptance shall be changed to 365 days.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(6) Offerors may only be withdrawn in writing to the Contracting Officer and must be formally withdrawn in the OET.destination

(g) Contract award. The following is hereby added: The Government may evaluate offers and award a contract after conducting discussions with offerors whose offers have been determined to be within the competitive range. If the Contracting Officer determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of offers in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint.

(i) Availability of requirements documents cited in the solicitation. See Solicitation Attachment 8 Bulk Contract Information System (CIS) Desk Guide for instructions on accessing the Bulk CIS to download solicitation requirements in a tabular or spreadsheet format.

(l) Debriefing. The following is hereby added:

(7) All previous years BEM reports and award information can be obtained from Contract Opportunities on the webpage www.SAM.gov.

(End of Addenda)

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