SP0600-11-R-0705 Amendment 0005 Green Fleet.pdf

1. CONTRACT ID CODE

PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 4

2. AMENDMENT/MODI2ICATION NO.

3. EFFECTIVE DATE

08/10/2011

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

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

Defense Logistics Agency Energy ATTN: L. Nicole James 8725 John J. Kingman Road, Suite 2954 Fort Belvoir, VA 22060-6222

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

X

SP0600-11-R-0705

9B. DATED (SEE ITEM 11)

06/27/2011

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 [X] is 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 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)

E. IMPORTANT: Contractor [ ] is not,[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.)

THIS AMENDMENT IS AVAILABLE AT http://www.fedbizopps.gov.

The closing date has been extended for solicitation SP0600-11-R-0705. Closing will be 16 Aug 2011 at 3:00 pm, Local Fort Belvoir, VA time.

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)

5B. 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

Amendment 0005

Block 14 Cont’d:

A. Navy HRJ5 and HRD76 requirements are revised to read as follows:

1. The ordering period is DATE OF AWARD through May 01, 2012

2. Any resultant contract will be Firm Fixed Price.

3. The Government reserves the right to make multiple awards to reach the total required quantity for both HRJ5 and HRD76 fuels.

4. Materials: Both HRJ5 and HRD76, fuel shall consist predominantly of n-paraffins, iso-paraffins and cylcoparaffins and shall be produced solely from triglycerides and free fatty acids derived from either plant or algal oils.

5. Chemical and Physical requirements: The chemical and physical requirements of the finished HRJ5 and HRD76 shall conform to those listed in the Navy specifications (see Attachment 1 of the Addendum package).

6. Feedstock: Fuel feedstocks derived from plant, algal and non-tallow animal oils will be considered acceptable. Fuel feedstocks that compete with food production will be considered unacceptable.

Determination of feedstock acceptability will be made during technical review. The feedstock sources are restricted to those produced within the USA, its outlying areas, or Canada. The HRJ5 and HRD76 fuel must be produced within the USA, its outlying areas, or Canada.

7. Production: The offeror shall provide a general description of how the offeror will ensure a reliable supply of specification compliant product to meet the Government’s requirements as stated in the solicitation.

a. Describe the entire process used to manufacture the refined fuel; from feedstock production through production of the finished fuel product.

b. Describe the type of all feedstocks used to produce the feedstock oils. Identify the locations and process used to produce the feedstock oil. If the oil is a blend, identify the type and percentage of each oil in the blend and the source of the oils.

c. If the offeror is not the manufacturer for every step in the production cycle, the offeror shall provide supply and /or manufacturing commitments for production processes not performed by the offeror.

d. The offeror shall provide information regarding its production capability per day, and ability to meet the delivery schedule. If the offeror is not the manufacturer for any step in the production cycle, the offeror shall provide documentation regarding the production capability of its subcontractors for those steps (i.e. oil production, oil extraction, oil refinement).

e. The offeror shall provide substantiation of the technical maturity of the producer’s fuel, and its ability to meet specification requirements. This shall include, but is not limited to, laboratory test results showing compliance with the specification requirements of the fuel and identification of the laboratory that performed the evaluation.

f. The offeror shall supply a Material Safety Data Sheet (MSDS) for the finished fuel product offered.

g. The offeror shall supply a quality control plan, See Attachment 2 of Addendum Package.

B. Clause 52.212-2 EVALUATION – COMMERCIAL ITEMS is revised as follows:

52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The Government will award a contract or a group of contracts to the lowest priced technically acceptable offerors for non-food feedstock sources in a manner that will result in the lowest overall cost to the Government for the solicited items as a whole, in accordance with the other evaluation clauses contained in this solicitation. A technically acceptable offer is one that meets the Government’s product requirements in Section B, specifications in Section C, quality assurance requirements in Section E, and delivery requirements in Section F. An offer that proposes an exception to one of the foregoing requirements will be reviewed to determine whether the fuel will meet the Government’s specification and delivery requirements, can physically be accepted, and not compromise fuel quality. If so, an offer containing the exception will also be technically acceptable. The Government reserves the right to make multiple awards to reach the total required quantity for both HRJ5 and HRD76 fuels.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

C. DLA Energy is using the authority at 10 U.S.C. § 2304(c)(3)(A) to restrict competition to offerors who have a production facility in the Continental United States or Canada, in order ”to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in cases of a national emergency or to achieve industrial mobilization.” This provision is implemented in the Federal Acquisition Regulation (FAR) § 6.302-3(a)(1). FAR § 6.302-3(a)(v) further provides that competition can be restricted to “[c]reate or maintain the required domestic capability for production of critical supplies by limiting competition to items manufactured in . . . (A) The United States or its outlying areas or Canada.” This section is further implemented in the Department of Defense FAR Supplement (DFARS) Section 206.302- 3-70 which requires the use of the Domestic Source Restriction Clause, 252.206-7000 in all solicitations that are restricted to domestic sources under the authority of FAR 6.302-3.

Based on the applicable law and regulation, the key requirement is the domestic capability to produce the supplies in the United States, its outlying areas or Canada. Therefore, the domestic source is the actual production facility and that production facility must be located in the United States, its outlying areas or Canada. In addition, DLA Energy has also restricted the source of the feedstocks to those produced in the United States, its outlying areas or Canada.

FAR 2.101 further defines the United States, when used in a geographic sense as the 50 States and the District of Columbia. The outlying areas are also defined in FAR 2.101 to mean

(1) Commonwealths.

(i) Puerto Rico.

(ii) The Northern Mariana Islands;

(2) Territories.

(i) American Samoa.

(ii) Guam.

(iii) U.S. Virgin Islands; and

(3) Minor outlying islands.

(i) Baker Island.

(ii) Howland Island.

(iii) Jarvis Island.

(iv) Johnston Atoll.

(v) Kingman Reef.

(vi) Midway Islands.

(vii) Navassa Island.

(viii) Palmyra Atoll.

(ix) Wake Atoll.

D. All other terms and conditions remain unchanged and in full force and effect.

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