Amendment 3.pdf

1. CONTRACT ID CODE

PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT K 1

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

NOV 16 2010

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

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

CODE

Defense Logistics Agency Energy

8725 John J. Kingman Rd., Suite 4950

Ft. Belvoir, VA 22060-6222

Francis Murphy/DLA-Energy-PHB PP: 3.7

Phone: (703) 767-8479 Fax: (703) 767-8506

Email Address: francis.c.murphy@dla.mil

8. NAME AND ADDRESS OF CONTRACTOR (NO., street,city,county,State,and ZIP Code) () 9A. AMENDMENT OF SOLICITATION NO.

X

SP0600-10-R-0238

9B. DATED (SEE ITEM 11)

AUGUST 17, 2010

10A. MODIFICATION OF CONTRACT/ORDER NO.

BIDDER CODE: CAGE CODE: 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 extended [X] 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 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) by separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE

SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office appropriation date, etc.) SET FORTH

IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)

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

D. OTHER Specify type of modification and authority)

A. IMPORTANT: Contractor [ ] is not , or [ X ] is required to sign this document and return 1 copies to the issuing office.

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

1. Offerors must acknowledge receipt of this amendment by filling out block 8 above and signing and dating blocks 15A., 15B., and 15C. below, and returning this document to DESC.

CONTINUED ON PAGE 2

Except as provided herein, all terms and conditions of the document referenced in Items 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

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

LEE C. DVONCH

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C.DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C.DATE SIGNED

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

PREVIOUS EDITION UNUSABLE Prescribed by GSA

Amendment 003

3. The following provisions are hereby deleted from the solicitation:

INT-C16.23-2 COMMERCIAL MARINE GAS OIL MINIMUM SPECIFICATION REQUIREMENTS (DLA ENERGY DEC 2009)

INT-E5.01 INSPECTION AND ACCEPTANCE OF SUPPLIES (SHIPS' BUNKERS) (DLA ENERGY MAY 2001)

4. The following provisions are hereby added to the solicitation:

INT-C16.23-2 COMMERCIAL MARINE GAS OIL MINIMUM SPECIFICATION REQUIREMENTS (DLA ENERGY OCT 2010)

INT-E5.01 INSPECTION AND ACCEPTANCE OF SUPPLIES (SHIPS' BUNKERS) (DLA ENERGY NOV 2010)

The above provisions in full are attached to this amendment.

5. All other terms and conditions of the solicitation remain unchanged.

Amendment 002

The following provisions are hereby added to the solicitation:

INT-C16.23-2 COMMERCIAL MARINE GAS OIL MINIMUM SPECIFICATION REQUIREMENTS (DLA ENERGY OCT 2010)

(a) In delivering supplies and services under this contract, the Contractor shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The Contractor shall also comply with all applicable International Agreements, Treaties, Conventions, and the like to which the United States is a signatory or with whose terms the receiving activity has otherwise agreed to comply, including but not limited to, the requirements of MARPOL 73/78 Annex VI Regulations 14 & 18. The

Contractor shall be responsible for determining the existence of all such requirements prior to the time deliveries are made.

(1) In the event that an International, Federal, State, and /or local environmental requirement, as identified above, is more stringent than a requirement contained in this contract, the Contractor shall deliver product(s) that complies with the more stringent requirement.

Product(s) that fails to meet the more stringent requirement will be considered nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s). In the event that compliance with the more stringent requirement causes the contractor to incur additional costs, the contractor may request an equitable adjustment.

(2) Unless otherwise indicated by the Contractor in writing, prior to award, and in accordance with the EVALUATION (SHIP’S

BUNKERS) provision, the product offered shall be required to fully meet the applicable specification. The supplier shall provide to the receiving vessel a “Statutory Sample” of at least 400 mL in volume, taken from the receiving vessel’s inlet bunker manifold, together with a Bunker Delivery

Note (BDN). This sample will be sealed and carry a sample tag that provides the documentation required per MARPOL 73/78 Annex VI Regulation

18.

(b) Product supplied under this contract shall conform to the requirements of ISO 8217, Fourth Edition dated 2010-06-15 for DMA

ONLY, with the following additional requirements:

FUEL PROPERTY TEST METHOD LIMITS

1. Sulfur1 ASTM D4294 or D129 1.0 mass % max.

ASTM D5453 or ASTM D1266 or

ASTM D1552 or D2622

ASTM D3120 or D6920 or D7039

ISO8754 or ISO14596 or ISO16591

2. FAME (FATTY ACID METHYL ESTHERS) EN14078 0.1 vol % max.

3. ASTM International Test Methods equivalent to the ISO test methods referenced in ISO 8217, Fourth Edition dated 2010-06-15 for DMA ONLY testing, are approved for use.

(c) NOTES TO THE REQUIREMENTS ABOVE.

(1) 1For a Total sulfur content of less than 0.05 mass % (500 ppm), ASTM D5453 is the recommended ASTM method.

(d) REDUCED SULFUR REQUIREMENTS.

(1) In support of European Commission Directive 1999/32/EC, “Sulphur Provisions for Marine Gas Oils”, MGO delivered in

European Union ports under this contract shall contain no more than 0.10 mass % (1000 ppm) sulfur.

(2) Specific ports where DESC requires low sulfur MGO include Algeciras, Spain; Alicante, Spain; Antwerp, Belgium; Augusta

Bay, Italy; Barcelona, Spain; Bremerhaven/Nordenham, Germany; Cagliari, Italy; Cartagena, Spain; Catania, Italy; Copenhagen, Denmark; Gaeta, Italy; Genoa, Italy; Gibraltar, United Kingdom; Kiel, Germany; La Maddalena, Italy; La Spieza, Italy; Killingholme, United Kingdom; Lisbon, Portugal; Livorno, Italy; Malaga, Spain; Marseilles, France; Naples, Italy; Oslo, Norway; Palma de Mallorca, Spain; Portland, United Kingdom, Rotterdam, Netherlands; Southampton, United Kingdom; Toulon, France; and Trieste, Italy.

(3) Per 40 CFR Section 80.510, the Marine Gas Oil sulfur requirement for all deliveries at ports within the continental United

States (CONUS) shall not exceed 0.05 mass % (500 ppm ) sulfur.

(e) LIMITED COMPOSITION REQUIREMENTS.

(1) The Marine Gas Oil shall contain no black dye.

(END of PROVISION)

INT-E5.01 INSPECTION AND ACCEPTANCE OF SUPPLIES (SHIPS' BUNKERS) (DLA ENERGY NOV 2010)

(a) INSPECTION.

(1) The Contractor shall provide and maintain a written inspection system acceptable to the Government covering all supplies under this contract and shall tender to the Government, for acceptance, only supplies that have been found by the Contractor to conform to contract requirements. A system meeting the requirements of International Organization for Standardization (ISO) 9001, Quality Management Systems, is acceptable. A copy of the inspection system, in English, shall be presented to the Government for acceptance prior to initial delivery under the contract. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay contract performance. The right of review, whether exercised or not, does not relieve the

Contractor of its obligations under the contract.

(2) The Government has the right to inspect and/or test all supplies called for by the contract, to the extent practicable, at any time or place prior to acceptance. Unless otherwise noted, inspection will be performed by the receiving activity based on documents required to be supplied by the Contractor at the time of delivery. The Government assumes no contractual obligation to perform any inspection or test for the benefit of the Contractor, unless specifically set forth in this contract.

(3) The Government may require the Contractor to provide the following samples of fuel being supplied under this contract, free of cost to the Government, to a testing location to be identified at the time of the request. The samples may be requested by the Contracting Officer or the Quality Manager, as identified in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS clause. The conditions under which the sample shall be taken (i.e. location, type) shall be included in the request and any testing performed shall be at the expense of the Government.

(i) A one (1) gallon sample under each line item. Requests for this type of sample shall be limited to no more than six (6) per year (per line item) during the life of the contract. However, if the Government deems that there is an issue with product quality under a specific line item, the Government reserves the right to increase the total number of samples to a maximum of twelve (12) per year for that line item.

(ii) A five (5) gallon sample under each line item. These samples are collected for the purpose of gathering data on world-wide bunker quality. Requests of this type shall be limited to no more than two (2) (per line item) per contract period. These samples shall be shipped to the following address:

ATTN: AIR 4.4.5 FUEL SAMPLE

NAVAL AIR STATION PATUXENT RIVER

HAZMART BUILDING 2385

22680 HAMMOND ROAD

PATUXENT RIVER, MD 20670-1534

(4) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(5) The Government may perform quality validation on samples taken at the point of acceptance, i.e., ship’s manifold. In cases where on-site testing is available, acceptance shall not be conclusive until the results of the on-site tests confirm that the product conforms to the contract requirements. One representative sample, typically three (3) gallons, will be taken and split into three (3) sealed one (1) gallon samples. One sample shall be offered to the Contractor’s representative. One sample shall be submitted by the Contractor’s representative, at no cost to the

Government, to a Government approved laboratory for analysis. The remaining sample shall be held by the Contractor’s representative as a retain, for a minimum of ninety (90) days. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s facilities. In the event the test results on the sample taken at the acceptance point do not conform to contract specifications, the Government may exercise its rights and direct the Contractor to immediately remove the product at the

Contractor’s expense. Detainment of the Government vessel for the removal of nonconforming product will be at the Contractor’s expense.

(6) When supplies are not ready for inspection or test at the time specified by the Contractor, the Contracting Officer may charge the Contractor for any additional cost incurred by the Government related to that inspection or test. The Contracting Officer may also charge the

Contractor for any additional cost incurred by the Government when prior rejection makes reinspection or retest necessary.

(7) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time when Contractor inspections or tests will be performed in accordance with the terms and conditions of the contract and when the supplies will be ready for Government inspection. The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished.

(8) A copy of the latest full specification analysis for the shipping tank shall be provided to the customer at the time of each delivery. If the latest shipping tank analysis is not available, the full specification certificate of quality for the most recent product delivered into that shipping tank shall be provided. Additionally, when product is supplied by barge, the following analysis results shall be provided on a barge composite sample: Appearance, Color, Density, and Flash Point.

(b) ACCEPTANCE. Acceptance of the supplies furnished hereunder will take place at destination notwithstanding that inspection by the Government may take place elsewhere prior to acceptance.

(c) WAIVERS AND DEVIATIONS.

(1) Requests for waivers and deviations to the contract requirements shall be submitted by the Contractor to the Contracting

Officer with a copy to the appropriate Inspection Office listed in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS clause of the contract. Each request shall provide the following information:

(i) Contractor name, and contact information for Contractor’s representative;

(ii) Contract number;

(iii) Contract line item number and product nomenclature;

(iv) Clause number, paragraph, and subparagraph, as appropriate;

(v) Nature of the request;

(vi) Reason for the request;

(vii) Corrective action being proposed by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and

(viii) An equitable price adjustment offered over and above the administrative fee.

(2) In extraordinary situations, which mean the matter cannot await resolution until the next DLA Energy business day, the

Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer. Written requests shall be submitted to the Contracting Officer by the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the

Contracting Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals, as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420.

(3) If a waiver or deviation is granted, the contract will be modified to provide an equitable price reduction or other adequate consideration commensurate with the waiver or deviation being granted. If the situation dictates, a waiver or deviation may be granted without prior agreement on price adjustment or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such agreement shall be documented on the receiving document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes section of the CONTRACT TERMS AND

CONDITIONS -- COMMERCIAL ITEMS clause of this contract.

(4) If the waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $500, to cover administrative costs, plus any additional cost commensurate with the extent of the nonconformance and/or associated with Government reinspection or retest.

(d) SOURCE RESTRICTION.

(1) If the Contractor delivers any product that is determined to be off-specification, the Contracting Officer shall thereafter have the right, upon giving 10 days written notice, to require the Contractor to designate a single, alternate source of supply for each location, as set forth in the contract, where the problem occurred.

(2) The Contractor must provide the name and address of the terminal or loading point to be used as the single source of supply in drawing the requirements for each affected item in the contract and must obtain the express written approval of the

Contracting Officer prior to commencing delivery.

(3) When paragraph (d)(1) has been enforced, the Contractor may change suppliers only after requesting and receiving the express written approval of the Contracting Officer. Prior to approval by the Contracting Officer, the Contractor must submit a supply commitment letter and product specification from any new supplier, and a quality site inspection must be performed by the

Government.

(END of PROVISION)