SF30_SPE60520R02280001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE605 7. ADMINISTERED BY (If other than Item 6) CODE

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

CODE FACILITY CODE

SPE60520R0228

X

2020 APR 30

10A. MODIFICATION OF CONTRACT/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 OffersX is extended, X is not extended.

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.

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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:

E. IMPORTANT: Contractor is not, X is required to sign this document and return 1 copies to issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

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)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

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

(a) By completing Items 8 and 15, and returning

DLA ENERGY

POST, CAMPS, AND STATIONS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

3. EFFECTIVE DATE

See Attached Continuation Sheet(s).

(X)

CHECK ONE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

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SPE60520R0228 - 0001

Amendment 0001 is issued to update the following information regarding the solicitation:

a. Line items 0178 and 0514 are now set aside for 8(a) competition.

b. The following line items are deleted in entirety:

Line Item LocationProduct CodeMode of Delivery 0120 Gulfport, MSMURTank Truck 0320Gulfport, MSMGOTank Wagon 0350Triangle Park, NCDS2Tank Truck 0386Stennis Space CTR, MSDSSTank Truck c.Line item 0302 delivery note information is revised to delete the generator support requirement.

There is no requirement for generator support on this line item.

d. The Escalator and Base Reference Price information is updated for line items 0036 and 0089:

Line Item: 0036 – Delivery Location: 154204E65 - FCI TALLAHASSEE FL From: ADALGA2UR - AXXIS DAILY ALBANY GA NO2 UL RED DYE Base-Ref Date: 02/11/2020 - Base Price: $1.629000

To: ADALGAUCBO - AXXIS DAILY ALBANY GA UNL CBOB Base-Ref: 02/11/2020 Base-Price: $1.493100

Line Item: 0089 – Delivery Location: FTJACKSON - FT. JACKSON COCO - COLUMBIA SC From: ODCHSC2UR - OP DLY CHARLESTON 2 ULSD RED DYE Base-Ref Date: 02/11/2020 - Base Price: $1.629000

To: ODSPBGUG9 - OPIS DAILY SPARTANBURG UNL HG 9.0 Base-Ref Date: 02/11/2020 - Base Price: $1.489400

e. Delivery address information is updated for line items:

Line Item: Delivery Address:

0015 1340 Dale Bumpers Road, Dept. of Justice Bureau of Prisons, Forest City, AR 72336 0426 1340 Dale Bumpers Road, Dept. of Justice Bureau of Prisons, Forest City, AR 72336 0591 1340 Dale Bumpers Road, Dept. of Justice Bureau of Prisons, Forest City, AR 72336 0546 30 N Selfridge St Maxwell AFB, AL 36112-6518 0036 501 Capital Circle NE Tallahassee, US Dept. of Justice Bureau of Prison, FL 32301 0464 501 Capital Circle NE Tallahassee, US Dept. of Justice Bureau of Prison, FL 32301 0334 3152 James H. Biddy Rd, Camp McCain, Grenada, MS 38901 05223152 James H. Biddy Rd, Camp McCain, Grenada, MS 38901 0136 Highway 401, Cape Canaveral AFS, Cape Canaveral, FL 32920 0187 Highway 401, Cape Canaveral AFS, Cape Canaveral, FL 32920 0409 Highway 401, Cape Canaveral AFS, Cape Canaveral, FL 32920

f. Delivery information is updated for the following line items:

Line Item: Delivery Address:

0428 2250 NW 72ND Ave Miami FL Tank Type: Below Ground

0512 800 Raider Street. DOL POL Bldg. Ft. Rucker AL Tank Type: Above Ground

0565 7201 USS Wasp Street Milton, FL 32570 Mode is changed from Tank Truck, to Tank Truck w/Pump Tank Type: Above Ground

g. Replace FAR 52.219-6 Notice of Total Small Business Set-Aside (Jan 2019) (Deviation 2019-O0003) with the following:

FAR 52.219-6 Notice of Total Small Business Set-Aside (Mar 2020) (Deviation 2020-O0008)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b) (2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract or an order at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract or an order exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order

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shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

(3) Paragraphs (d)(1) through (2) of this clause do not apply to construction or service contracts.

h. Replace FAR 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Jan 2019) (Deviation 2019- O0003) with the following:

FAR 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (Deviation 2020-O0008)

(a) Definitions. As used in this clause— “Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside for service-disabled veteran-owned small business concerns;

(2) Part or parts of a multiple-award contract that have been set aside for service-disabled veteran-owned small business concerns;

(3) Orders set aside for service-disabled veteran-owned small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to service-disabled veteran-owned small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) General.

(1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, a service-disabled veteran-owned small business concern agrees that in the performance of a contract assigned a NAICS code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs are excluded to the extent they are not the principal purpose of the contract and cannot be obtained from small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) A service-disabled veteran-owned small business concern shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (b)(1) and (2) of this clause— [Contracting Officer check as appropriate.] __ By the end of the base term of the contract and then by the end of each subsequent option period; or __ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

(g) Joint venture. A joint venture may be considered a service-disabled veteran owned small business concern if—

(1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;

and

(3) The joint venture meets the requirements of 13 CFR 121.103(h).

(4) The joint venture meets the requirements of 13 CFR 125.15(b).

(h) Nonmanufacturer.

(1) Unless SBA has waived the requirements of paragraphs (h)(1)(i) through (iii) of this clause in accordance with 13 CFR 121.1204, a service-disabled veteran-owned small business concern that provides an end item it did not

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manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

(3) Paragraphs (h)(1) through (2) of this clause do not apply to construction or service contracts.

i. Add the following clause, which applies only to line items set-aside for the 8(a) program:

FAR 52.219-33 Nonmanufacturer Rule (Mar 2020) (Deviation 2020-O0008)

(a) Definitions. As used in this clause— “Manufacturer” means the concern that transforms raw materials, miscellaneous parts, or components into the end item.

Concerns that only minimally alter the item being procured do not qualify as manufacturers of the end item. Concerns that add substances, parts, or components to an existing end item to modify its performance will not be considered the end item manufacturer, where those identical modifications can be performed by and are available from the manufacturer of the existing end item.

“Nonmanufacturer” means a concern, including a supplier, that provides an end item it did not manufacture, process, or produce.

(b) Applicability.

(1) This clause does not apply to contracts awarded pursuant to the unrestricted portion of a partial set-aside or to a contractor that is the manufacturer of the product or end item.

(2) This clause applies to—

(i) Contracts that have been awarded pursuant to a competitive 8(a) procurement;

(ii) Contracts that have been awarded on a sole-source basis in accordance with subpart 19.8; and

(iii) Orders competed among 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2) (i)(F); and

(iv) Orders issued directly to an 8(a) participant under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) Requirements.

(1) The Contractor shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

j. Provide the following responses to offeror questions:

Question #1. Will you be providing an Attachment A Schedule in Excel format?

Response: No, the attachment is only available as a .pdf document.

Question #2. Is E10 accepted for the lines listed as MUR/MUM/MUP?

Response: Please refer to pages 18 through 19 of the solicitation and the applicable clauses in Attachment G, which identify the applicable product specifications.

Question #3. "Please Clarify Delivery Address ""SEE DD1155 SEE DD1155 AL 99999"" Response: The requirement is to support the delivery locations indicated in the Delivery Notes of the solicitation line items; please submit a proposal based on the description within the line item delivery notes.

Question #4. Solicitation Line Item 0036: Is the escalator information and base reference price correct for the product?

Response: The escalator for line item 0036 has been changed to ADALGAUCBO - AXXIS DAILY ALBANY GA UNL CBOB and the Base-Ref: 02/11/2020 Base-Price: $1.493100.

Question #5. For any awarded line items, can the vendor/contractor place meters on the tanks to monitor inventory? The Government would not be responsible for the monitors and for monitoring the tanks.

Response: This is not a requirement of the Government. Because these are government owned tanks, the respective military service and/or installation would have to be involved with any permissions to install contractor owned equipment.

Question #6. For the line item locations along the east coast of NC, NC, SC, GA, FL and along the coast Gulf if Mexico, FL, AL, MS and LA, to support activities during hurricane season; our prices are based on the nearest terminal and reasonable amount of gallons requested. If hurricane hits a spot and we have won a line item in that area, our margins and time for delivery may need to be higher based on where we would need to go to get fuel. If an area is hit by a hurricane or other natural disaster, how do we notify DLA that we need to increase our margins because we need to go to a terminal further away than under normal conditions and that it may take a while to deliver?

Response: DLA Energy will award fixed price contracts with economic price adjustment. Under fixed price contracts, the contractor bears the risk of increased costs unless a clause in the contract provides otherwise, such as the economic price adjustment clause. If a contractor believes that a clause in the contract entitles it to a price increase or delay in the delivery date, it should notify the contracting officer of the amount of and basis for any increase for resolution. Contractors are required to perform pending resolution of any disputes.

Question #7. In the past you have accepted terminal bill of ladings in place of metered tickets from truck equipment.

Will this substitution still be allowed for the new contract?

Response: Please refer to clause F1.09-2, DETERMINATION OF INVOICE QUANTITY (PC&S) (DLA ENERGY JAN 2012), for

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specific information about how the quantity at the time of delivery is to be determined.

Question #8. Will the gasoline, Reg Unl (MUR) requirement that is being solicited, be switched to a gasohol, Reg Unl

(GUR)?

Response: No, the requirement in this solicitation is for MUR.

Question #9. The below line items are listed as having tanks that seem inaccurate with the Mode of delivery: 0332, 0385, 0388, 0449, 0451, 0553, 0389, 0552, 0304, 0065, 0221, 0456, 0492, 0226, 0227, 0285. Please confirm the Mode and tanks are correct.

Response: The mode and tank information in the solicitation have been confirmed as correct .

Question #10. The following line items are not listed with pump information: 0512, 0428, 0565, and 0120. Please provide the complete pump information for the below.

Response: Line item 0120 is deleted in its entirety. Line item 0428 tank information is updated to Below Ground tank (pump not required); line item 0512’s mode is Tank Truck (pump not required) and the Tank Type is Above Ground, and line item 0565’s mode is updated to Tank Truck w/pump, Tank Type is Above Ground. An amendment to the solicitation is forthcoming.

Question #11. Is the assigned escalators correct for line item 0102? It lists Greensboro as the tie-to city however the location is close to Augusta or Atlanta.

Response: Yes, the escalator is correct for product type FS2 (high sulfur no. 2).

Question #12. The below locations are listed with incomplete or missing addresses; 0036, 0546, 0015, 0426, 0591, 0334, 0409, 0464, 0522, 0136, and 0187. Please provide the complete addressed for the below.

Response: Line item information has been updated above.

Question #13. The below line items list a city on the escalator that seems incorrect. For example, Clin 0102 lists Greensboro as the tie-to city however the location is close to Augusta or Atlanta: 0130, 0305, 0546, 0121, 0451, 0520, 0528, 0536, 0553, 0085, 0087, 0102, 0141, 0145, 0234, 0283, 0288, 0312, 0360, 0392, 0530, 0532, 0112, 0369, 0443, 0486, 0514, 0081, 0116, 0120, 0124, 0213, 0386, 0567, 0065, 0092, 0214, 0333, 0350, 0431, 0456, 0492, 0516, 0030, 0089, 0226, 0432, 0161, 0185, 0191, 0192; for example, Clin 0023 requests pricing for CBOB and the Product Code is Conventional (MUR). Please provide confirmation the Escalator product is correct or a revised Escalator product for the below.

Response: DLA confirms the listed escalators are accurate.

Question #14. Line item 0141 – listed as above ground tanks but notes say no pump required?

Response: The location is equipped with a pump equipment.

Question #15. Line item 0302 - listed as delivering to tanks but notes say “multiple generators”?

Response: The delivery notes have been updated. There is no requirement to support generators at this site. An amendment is forthcoming.

Question #16. Line items 0176, 0190, 0304, and 0306 appear to be duplicates?

Response: No, these line items are not duplicate. The E85 product for Fort Polk, LA is for two different customer service activities, and the DSS product for St. Louis, MO has the same customer service activity, but has two different delivery modes, see comparison below:

Line Item Product Activity Location Mode 0176 E85 US ArmyFort Polk, LA Tank Truck 0190 E85 DLA Fort Polk, LA Tank Truck 0304 DSS DOD St. Louis, MO Tank Wagon 0306 DSS DOD St. Louis, MO Tank Truck

Question #17. If I bid on short truck locations around Fort Bragg N.C., for example Line Item 0064, that has a few delivery locations that have very small tanks, could I work other locations around the base? Or, do I have to make the trip just for that one 300 gallon?

Response: Each line item is a standalone requirement.

Question #18. Are the line item location quantities annual or total volumes for the Period of Performance?

Response: The listed quantities are estimated quantities for the entire period of performance.

Question #19. Are WAWF submissions required after every drop, or are they submitted monthly for each CLIN?

Response: Invoices should be submitted in WAWF after each delivery if completed. Please refer to the solicitation for more information about invoicing in WAWF.

Question #20. "Will the contractor need to be compliant to all 110 controls in NIST SP 800-171?"

Response: Please refer to DFARS provision 252.204-7008 in the solicitation and DFARS clause 252.204-7012, which is incorporated by reference.

Question #21. B1.01 (e) p. 14: Can you confirm that the requirement to deliver full quantities of products listed in this provision refers to the full requirement detailed in *each * CLIN, not the product totals shown in this section.

Response: The quantities listed on page 14 are estimated total quantities, per product, required under this solicitation. Quantities required per delivery will be listed on the individual Delivery Orders.

Question #22. Special Instructions to Offerors, item i) 7 (page 5) asks offerors to include remaining proposal documentation to be submitted via the OET (with email as a backup); while on page 93 L2.11-4 provides instructions for Email Proposals. Could you clarify how you prefer to receive proposal documentation – OET upload or email?

Response: Proposals should be submitted in OET. Please refer to the solicitation submission instructions in item i) Proposal Submission.

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Question #23. Lines 350 and 386 are not listed in Attachment F. How are these two lines categorized?

Response: Line items 350 and 386 have been deleted in entirety.

Question #24. Can I get bid tabulations from the last time this term contract went out that includes the base reference price used? If you will not release them is there a way to look them up in the DLA CIS portal or in DIBBS?

Response: No source selection documentation will be provided as a part of this solicitation.

Question #25. "Are the gallons listed for each line item estimated annual gallons or estimated gallons for the entire 5 year term?"

Response: The listed quantities are estimated quantities for the entire period of performance.

Question #26. For gasoline you have only MUR, MUM and MUP (non ethanol) listed and there is no longer GUR, GUM and GUP (E10). Can you please confirm that ALL gasoline is now listed as MUR, MUM and MUP with different requirements? I would like confirmation that where the requirement is MUR UNL CBOB that you are referring to 87 conventional non ethanol gasoline and MUR UNL CBOB OXY is 87 E10 gasoline?

Response: Please refer to the clauses in Attachment G for the applicable product specifications. MUR, MUM and MUP can contain between 0% - 15% ethanol per ASTM D4814.

Question #27. For locations that have an automatic fill up requirement, is there any tank monitoring equipment/ software in place to assist with maintaining the levels to 30% or will we have to maintain levels based solely on the record of deliveries that you will issue to the contractor? Will there be a POC available at the site to contact that can give tank readings?

Response: There are no locations in this requirement that require an automatic fill up.

Question #28. There are locations where the requirement is MGO however this product is not available at any nearby terminals or refineries, only via barge. Is Dyed ultra low sulfur diesel acceptable to meet the MGO requirement?

Response: No, the requirement is to supply MGO.

Question #29. There are several line items that have 1,000 and 10,000 gallon usage however in some cases this seems arbitrary. A site that has a 10,000 gallon tank and a 1000 gallon usage over 5 years does not seem accurate. Is it plausible that a site that has 1000 gallon usage listed could actually use significantly more gallons?

Response: Quantities listed in the solicitation are best estimates.

Question #30. Can we contact the sites to ask them directly about their usage?

Response: Questions should be directed to the Contracting Officer.

Question #31. With this RFP only having 30 days to complete and with Covid 19, site visits are unlikely. Can we receive the POC info for each site to contact to ask questions about deliveries and possible obstacles at any given site?

Response: Questions should be directed to the Contracting Officer.

Question #32. If we submit a bid for a site and after the initial delivery we find that unloading there are variables that make the cost of delivery much more than anticipated, can we than cancel our contract with this particular site or request a price adjustment and if so is there a penalty for that?

Response: Please review the solicitation in its entirety before submitting an offer. DLA Energy will award fixed price contracts with economic price adjustment. Under fixed price contracts, the contractor bears the risk of increased costs unless a clause in the contract provides otherwise, such as the economic price adjustment clause. If a contractor believes that a clause in the contract entitles it to a price increase, it should notify the contracting officer of the amount of and basis for any increase for resolution. Contractors are required to perform pending resolution of any disputes.

Question #33. Is there a way to look up a suppliers classification by their cage code?

Response: Suppliers/vendors status is identified in the System for Award Management.

Question #34. Will you provide more reasonable time for initial offers? Why or why not? If you want to maximize participation, will you provide a more reasonable time for questions and a more reasonable time for receipt of initial offers?

Response: The Contracting Officer believes that the solicitation provides a reasonable time for offerors to submit proposals and also ensure that the Government will be able to make contract awards on time.

Question #35. What type of indefinite delivery vehicle contracts are these acquisitions? Why? Are they BOA/BPAs, Requirements type contracts, assisted acquisitions or other type? Why or why not?

Response: DLA Energy will award fixed-price requirements contracts with economic price adjustment. See FAR 52.216-21 and FAR 52.216-1.

Question #36. Are these bundled or substantially consolidated requirements? Why or why not? If not, has these been properly justified and authorized. If they are bundled/consolidated, has these requirements been properly justified?

Response: These requirements are neither bundled nor consolidated. In accordance with Section M of the solicitation, each line item will be evaluated and awarded independently.

Question #37. Do these acquisitions comply with the requirement for accelerated payments to small business? If not, why not?

Response: Payment terms are Net 30. However, in accordance with DFARS 232.903, DLA Energy will attempt to make payment to small businesses as quickly as possible, with a goal of 15 days.

Question #38. Are all these requirements for the VA set aside for CVE verified SDVOSB in accordance with law and VAAR?

If so, are there four non-VA requirements set aside for SDVOSB to get to the 50 set aside for SDVOSB?

Response: As stated in the solicitation, to be eligible for award for the line items set-aside for SDVOSBs, the

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SDVOSB submitting an offer must be listed as verified in the Department of Veterans Affairs Vendor Information Pages (VIP) database, https://www.vip.vetbiz.va.gov/.

Question #39. For those requirements set aside with order above the simplified acquisition threshold, did the contracting officer first consider setting aside the order for the small business socioeconomic contracting programs (i.e., 8(a), HUBZone, service-disabled veteran-owned small business, and women-owned small business) before considering a small business set-aside? What was is the contracting officer determination? Did the this have the required small business justification and review? Why or why not?

Response: The contracting officer’s set aside determination is reflected in Attachment F to the solicitation. The contracting office considered the various socioeconomic programs and the ability of offerors to comply with the nonmanufacturer rule in making the set aside determination. The set-aside determination was reviewed by the SBA Procurement Center Representative.

Question #40. Is this solicitation setting aside opportunities for small business concerns under multiple award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). If not, why not?

Response: DLA Energy is not awarding multiple award contracts.

Question #41. Why does the solicitation use an outdated Nonmanufacturer Rule (NMR). FAR 52.219-6, NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JAN 2019) (DEVIATION 2019-O0003) applies to the line items identified in ATTACHMENT F - SDVOSB AND SMALL BUSINESS SET ASIDES? Is the DFARS Class Deviation 2020-O0008 Class Deviation – Limits of Subcontracting for Small Business, effective March 30, 2020 applicable to this solicitation? If not, why not?

Response: These clauses have been updated above.

Question #42. For requirements that are set aside, are the limits on subcontracting required at the contract or order level?

Response: The applicable limitations on subcontracting apply at the line-item level in accordance with the Government Accountability Office’s decision in AeroSage, LLC, B 416381m Aug. 23, 2018, 2018 CPD ¶ 288.

Question #43. If 52.219-33 Nonmanufacturing Rule (Deviation 2020-O0008) is applicable, is the exemption to the NMR (19.505(c)(5)) limited to processed under simplified acquisition procedures (i)(A), the cost is not anticipated to exceed $25,000 (ii) and he offeror supplies an end product that is manufactured or produced in the United States (iii) applicable to this solicitation and all line items? Why or why not? If the exemption to the NMR (19.505(c)(5)) is not applicable for lines above $25,000, will the contracting officer seek a waiver to the NMR? Why or why not?

Response: FAR 52.219-33, NONMANUFACTURER RULE (MAR 2020) (DEVIATION 2020-O0008), which applies to line items set aside for the 8(a) program, does not contain an exemption.

Question #44. Will the contracting officer seek an individual waiver (or class waiver) to the NMR as you have done in the current solicitations? Why or why not?

Response: The SBA has granted an individual waiver of the Nonmanufacturer Rule for the line items set-aside for SDVOSBs.

Question #45. Will the contracting officer contracting officer state in the solicitation and resulting contract whether order set-asides will be discretionary or mandatory when the conditions in 19.502-2 are met at the time of order set-aside, and the specific program eligibility requirements, as applicable, are also then met? Why or why not?

Response: Set-asides have been identified in Attachment F to the solicitation. Because DLA Energy will award single-award requirements contracts, individual orders are not competed.

Question #46. Will DLA Energy provide updated and accurate bid/delivery parameters, points, of contact, tank/access information before we can provide initial offers? Will DLA Energy confirm and provide current update access and delivery parameter information prior to each order? Why or why not?

Response: If an offeror believes that specific information in the solicitation is inaccurate, the offeror should identify to DLA Energy the specific information and the basis for why the offeror believes that the information is inaccurate. Amendment 0001 provides updated line item information, please see above paragraphs a. through f.

Question #47. Will DLA Energy guarantee that users will purchase all the requirements for the awardee or will users continue to acquire the fuel from other sources than the awardee?

Response: In accordance with FAR 52.216-21(c), the Government is obligated to order its requirements from the contract holder for the applicable line item.

Question #48. Why does the solicitation require BQ-9000/COA/EPA certificates and supply agreements with the initial offer six months before and order and nearly six years when a final order can be made?

Response: As stated in the solicitation, for marine gas oil (MGO), biodiesel (B20), and E85, an offeror must submit a certificate of analysis, certificate of quality, or specification sheet to demonstrate that the offeror can provide fuel meeting the applicable specification. BQ-9000s and EPA certificates are required for biodiesel to demonstrate that the offeror can comply with the requirements in clause C16.27, FUEL, BIODIESEL (B20) (DLA ENERGY OCT 2014).

Question #49. State and local fuel taxes often vary with each order depending on which county the order is delivered in, the quantity, the time of the year, and when the state/local legislatures implements tax changes and exceptions.

How can vendors provide accurate tax costs over the next six years prior with initial offers?

Response: It is the offeror’s responsibility to identify and include applicable taxes in it offer prices. In some circumstances, the price may be increased to account for an after-imposed tax. Please see FAR 52.229-3 and clause I28.01.

Question #50. Section 848 of the 2018 NDAA states that an item previously acquired using the commercial acquisition procedures under FAR Part 12 serves as a prior commercial item determination. It further limits the use of FAR Part 15 procurement procedures for commercial items: “…funds appropriated or otherwise made available to the Department of Defense may not be used for the procurement under part 15 of the Federal Acquisition Regulation of an item that was previously acquired under a contract using commercial item acquisition procedures under part 12 of the Federal Acquisition Regulation.” (H.R. 2810: National Defense Authorization Act for Fiscal Year 2018, Sec 848.Commercial Item

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Determinations, (Final version, December 12, 2017). Are these commercial fuel solicitations RFQs under Part 13 BPAs/ BOAs or Part 8 FSS BPA/BOAs? Are they Part 15 RFPs? If so, why does the acquisition violate law?

Response: This solicitation was issued as a request for proposals under FAR Part 12.FAR 12.102 provides that Part 12 policies are used in conjunction with the policies and procedures for solicitation, evaluation, and award prescribed in Parts 13, 14, or 15 as appropriate for a particular acquisition.

k. All other terms and conditions remain unchanged.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 9 PAGES

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SECTION J - LIST OF ATTACHMENTS

List of Attachments

File Name Description ATTACH_Attachment_A__ _Schedule_Line_Item_Narr atives_Amendment_0001

9 - Sol