Amd 0012

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE 1 OF 5

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

18 Aug 2011

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE

DLA ENERGY SUPPORT CENTER

SP0600 7. ADMINISTERED BY (If other than Item 6)

CODE

8725 JOHN J. KINGMAN ROAD, SUITE 4950

FORT BELVOIR, VA 22060-6222

BUYERS/SYMBOL–LAURA HERMS

PHONE - (703) 767-9549 P.P. 3.22

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

X

9a. AMENDMENT OF SOLICITATION NO.

SP0600-10-R-0228-0001

9b. DATED (SEE ITEM 11)

07 JULY 2011

10a. MODIFICATION OF CONTRACT/ORDER NO.

10b. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[X] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is [ X ] extended, is not [ ] extended.

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: (a) By completing Items 8 and 15, and returning _1_copy of the amendment;(b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor [ ] is not, [X] is required to sign this document and return _1_ copy to the issuing office.

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

The closing date and time for receipt of offer(s) for line items A01-US1 and A02-US1 is extended until August 24, 2011 at 5:00 PM Local Ft. Belvoir, VA time.

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)

16A. NAME OF CONTRACTING OFFICER

15B. NAME OF CONTRACTOR/OFFEROR

BY

(Signature of person authorized to sign)

15C. DATE

SIGNED

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

AMENDMENT 0012

SCHEDULE

INT- B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA ENERGY FEB 09) is revised to add the terminal address, tank information and method of delivery as follows:

THE RESULTANT CONTRACT WILL CONSTITUTE THE ORDER FOR LINE ITEMS A01-US1 AND A02-US1.

AN ORDER WILL BE GENERATED IN PORTS FOR RECEIPT AND INVOICING PURPOSES. THE DELIVERY PERIOD IS DATE OF AWARD THROUGH SEPTEMBER 30, 20011. ALL PRODUCTS MUST BE DELIVERED BY

30 SEPTEMBER 2011.

Method of Delivery Item/Location Quantity Offered Unit Price Offered

A01-US1 ULSD, (DS2) 16,800,000 GL Barge

443 EASTERN POINT RD, GROTON, CT

NEW LONDON COUNTY

INT-C16.69 FUEL SPECIFICATIONS (PC&S)(DLA ENERGY SEP 2009)

NSN: 9140-01-524-0139

TANK NUMBERS 4401, 4402, 4403, 4405, 4406, 4410

NOTE: DIESEL FUEL, ULTRA-LOW SULFUR,

SEASONALLY-ADJUSTED CLIMATE OPERABILITY LOW

TEMPERATURE OPERABILITY. For fuel supplied during the months of October through March, the low temperature performance of diesel fuel shall be defined by the following property:

CLOUD POINT. Unless a more restrictive cloud point limit is specified in the contract schedule, the cloud point shall be equal to or lower than the tenth percentile minimum ambient temperature specified in Appendix X5 of ASTM D 975.

Method of Delivery Item/Location Quantity Offered Unit Price Offered A02-US1 ULSD, (DS2) 10,500,000 GL Barge

140 LEE BURBANK HWY, REVERE, MA

SUFFOLK COUNTY

INT-C16.69 FUEL SPECIFICATIONS (PC&S)(DLA ENERGY SEP 2009)

NSN: 9140-01-524-0139

TANK NUMBERS 18 and 25

NOTE: DIESEL FUEL, ULTRA-LOW SULFUR,

SEASONALLY-ADJUSTED CLIMATE OPERABILITY LOW

TEMPERATURE OPERABILITY. For fuel supplied during the months of October through March, the low temperature performance of diesel fuel shall be defined by the following property:

CLOUD POINT. Unless a more restrictive cloud point limit is specified in the contract schedule, the cloud point shall be equal to or lower than the tenth percentile minimum ambient temperature specified in Appendix X5 of ASTM D 975.

The following Clause is revised as follows:

FAR 52.216-1 -- Type of Contract (Apr 1984) The Government contemplates award of a REQUIREMENT TYPES FIXED PRICE with Economic Price Adjustment contract resulting from this solicitation.

DLAD 52.216-9072 ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT PRICE, POST CAMP &

STATION (PC&S) (JUL 2010)

ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT PRICE, POST CAMP & STATION (PC&S)

(a) WARRANTIES: The Contractor warrants that—

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and

(2) The prices to be invoiced hereunder shall be computed daily in accordance with the provisions of this clause.

(b) DEFINITIONS: As used throughout this clause, the term--

(1) Base price means—

(i) The unit price offered for an item and included in the contract award schedule; or

(ii) During any subsequent program year, either the effective contract price as of the start of the subsequent program year, or the price agreed upon as of the start of the subsequent program year.

(2) Base reference price means the reference price for an item as published on August 2, 2011. In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the reference price for an item as published on the date nearest in time prior to the date shown.

(3) Reference price means that published reference price or combination of published reference prices for price adjustment of individual items by product, market area, and publication as specified in (f) below.

(4) Date of delivery means—

(i) FOR TANKER OR BARGE DELIVERIES.

(A) F.O.B. ORIGIN: The date and time vessel commences loading.

(B) F.O.B. DESTINATION: The date and time vessel commences discharging.

(ii) FOR ALL OTHER TYPES OF DELIVERIES: The date product is received on a truck-by-truck basis.

(5) Published means issued in either printed or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the price set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail unless otherwise specified in (c) below.

(c) ADJUSTMENTS: Contract price adjustments shall be provided via notification through contract modifications and/or posting to the DLA Energy (formerly DESC) web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments to reflect any price change pursuant to this clause.

(1) CALCULATIONS: The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fraction thereof, that the daily reference price increases or decreases, per like unit of measure. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places.

(i) OIL PRICE INFORMATION SERVICE (OPIS): For all items employing OPIS, the reference price in effect on the date of delivery shall be the end of day OPIS rack average effective (6:00 p.m. timestamp) that day. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

(ii) OTHER PUBLICATIONS: Except for items employing OPIS, the reference price in effect on the date of delivery shall be that item's preselected reference price that is in effect the date of delivery. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

(2) REVISION OF PUBLISHED REFERENCE PRICE: In the event—

(i) Any applicable reference price is discontinued or its method of derivation is altered substantially;

or

(ii) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions-- the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the reference price was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

(3) FAILURE TO DELIVER: Notwithstanding any other provisions of this clause, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(4) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 375 percent (%) of the of the base price in any applicable program year, except as provided below.

(i) If at any time the Contractor has reason to believe that within the near future a price adjustment under the provisions of this clause will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with an appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.

(d) EXAMINATION OF RECORDS: The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this clause.

http://www.desc.dla.mil/�

(e) FINAL INVOICE: The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

(f) PUBLICATIONS: The following publication(s) is (are) used: Platts (Oilgram Price Report), reference heading is ULSD Spot Boston Cargo.

NOTE:

The publication is Platts (Oilgram Price Report), reference heading is ULSD Spot Boston Cargo.

Base reference date is August 2, 2011 Base reference price is the prior weekly average: $3.194140 Prices will escalate based on the Platts prior weekly average, effective Tuesday.