Amendment_0002.pdf

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 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 your 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.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

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

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION

NO.

9B. DATED (SEE ITEM 11)

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 Offers is extended, is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

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

CHECK ONE 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)

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

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

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

SP0600

Phyllis M. Orange

This amendment is available at https://www.fbo.gov/

The closing date and time is set for June 10, 2013 @ 3:00pm Local Fort Belvoir Virginia Time.

Please see continuation pages.

DEFENSE LOGISTICS AGENCY ENERGY

8725 JOHN J. KINGMAN RD SUITE 2954

FT BELVOIR VA 22060-6222

BUYER/SYMBOL – Chihwei Liu / Hope Whitfield DLA Energy Ph:(703)767-8398 / 9266 Fax:(703)767-9269

SP0600-13-R-0061

1 88

See Block 16C

02/25/2013

Amendment 0002

Block 14 (cont’d)

1. The solicitation is reopened effective immediately, with closing date and time set for June 10, 2013 @

3:00pm Local Fort Belvoir Virginia Time.

2. Set Aside percentage is increased from 43.72% to 43.83% on page 1, block 10 of the SF 1449.

3. Payment term of “NET 10” is hereby added to page 1, block 12 of the SF 1449. All contracts awarded as result of this solicitation will be paid on NET 10 payment terms. Please make sure to consider this revised payment term when submitting offers.

4. Solicitation section I, contract clause DFARS 252.212-7001 is hereby updated as follows:

DFARS 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF

COMMERCIAL ITEMS (MAY 2013)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

_X_ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b)The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR

Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) _X_ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section 847 of Pub. L. 110-181).

(2) _X_ 252.203-7003, Agency Office of the Inspector General (DEC 2012)(section 6101 of Pub. L. 110-252, 41 U.S.C. 3509).

(3) ____ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.

2416).

(4) _X_ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (AUG 2012) (15 U.S.C. 637).

(5) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (JAN 2011) (15 U.S.C. 637 note).

(6) (i) ____ 252.225-7001, Buy American and Balance of Payments Program (DEC 2012) (41 U.S.C.

chapter 83, E.O. 10582).

(ii) ____Alternate I (OCT 2011) of 252.225-7001.

(7) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (MAR 2013) (10 U.S.C. 2533b).

(8) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (MAR 2013) (10 U.S.C. 2533b).

(9) ____ 252.225-7012, Preference for Certain Domestic Commodities (FEB 2013) (10 U.S.C. 2533a).

(10) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.

2533a).

(11) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of

Pub. L. 107-117 and the same restriction in subsequent DoD appropriations acts).

(12) _____252.225-7017, Photovoltaic Devices (DEC 2012) (Section 846 of Pub. L. 111-383).

(13)(i) _X_ 252.225-7021, Trade Agreements (DEC 2012) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(ii) ____ Alternate I (OCT 2011) of 252.225-7021.

(iii) ____Alternate II (OCT 2011) of 252.225-7021.

(14) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C.

2779).

(15) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22

U.S.C. 2755).

(16)(i) ____ 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program (DEC

2012) (41 U.S.C. chapter 83 and 19 U.S.C. 3301 note).

(ii) ___ Alternate I (JUN 2012) of 252.225-7036.

(iii) ___ Alternate II (NOV 2012) of 252.225-7036.

(iv) ___ Alternate III (JUN 2012) of 252.225-7036.

(v) ___ Alternate IV (NOV 2012) of 252.225-7036.

(vi) ___ Alternate V (NOV 2012) of 252.225-7036.

(17) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

(18) ____ 252.225-7039, Contractors Performing Private Security Functions (JUN 2012) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L.

111-383).

(19) _X_ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts).

(20) ____ 252.227-7013, Rights in Technical Data—Noncommercial Items (MAY 2013), if applicable (see 227.7103-6(a)).

(21) ____ 252.227-7015, Technical Data—Commercial Items (MAY 2013) (10 U.S.C. 2320).

(22) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2012), if applicable (see 227.7102-4(c).

(23) ____ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227).

(24) ____ 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84)

(25) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

(26) _X_ 252.243-7002, Requests for Equitable Adjustment (DEC 2012) (10 U.S.C. 2410) .(27) ____252.246-7004, Safety of Facilities, Infrastructure, and Equipment For Military Operations (OCT 2010) (Section 807 of Pub. L. 111-84).

(28) ____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417).

(29)(i) _X_ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) ____ Alternate I (MAR 2000) of 252.247-7023.

(iii) ____ Alternate II (MAR 2000) of 252.247-7023.

(iv) ____ Alternate III (MAY 2002) of 252.247-7023.

(30) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(31) ____ 252.247-7027, Riding Gang Member Requirements (OCT 2011) (Section 3504 of Pub. L. 110- 417).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.225-7039, Contractors Performing Private Security Functions (JUN 2012) (Section 862 of Pub. L.

110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383).

(2) 252.227-7013, Rights in Technical Data—Noncommercial Items (MAY 2013), if applicable (see 227.7103-6(a)).

(3) 252.227-7015, Technical Data—Commercial Items (MAY 2013), if applicable (see 227.7102-4(a)).

(4) 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2012), if applicable (see 227.7102-4(c)).

(5) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).

(6) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

(7) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417).

(8) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C 2631).

(9) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

5. Solicitation section L, contract clause FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (BULK) (TAILORED) (DLA ENERGY) (FEB 2012) is hereby updated in its entirety as follows:

(a) NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL

BUSINESS SIZE STANDARD. The NAICS code for this acquisition is 324110 . The small business size standard is 1,500 employees: 125,000 BPCD throughput and 90% refined by small business .

However, the small business size standard for a concern that submits an offer in its own name, but that proposes to furnish an item that it did not itself manufacture, is 500 employees, including all affiliates.

(b) SUBMISSION OF OFFERS. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt;

(3) The name, address, and telephone, and facsimile number of the offeror (and electronic address if available);

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different from mailing address;

(8) A completed copy of the representations and certifications in the certification package. See FAR

52.212-3(b) for those representations and certifications that the offeror shall complete electronically;

(9) Acknowledgment of solicitation amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or that reject the terms and conditions of the solicitation may be excluded from consideration.

(12) All price, quantity, delivery, and transportation terms as specified in the Offeror Submission Package.

(c) All technically acceptable and responsible offerors will be evaluated in accordance with FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999). 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 offeror must demonstrate its understanding of the quality assurance requirements in E1 of the solicitation and provide evidence of an acceptable inspection system via the submission and acceptance of the supporting documentation required under Section E of the Offer Submission Package (OSP).

(d) FACSIMILE OFFERS Yes (FAR 52.215-5). Incorporated by reference. No

(e) PERIOD FOR ACCEPTANCE OF OFFERS. The offeror agrees to hold the prices in its offer firm for _180_ calendar days from the date specified for receipt of offers.

(f) PRODUCT SAMPLES. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(g) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWALS OF OFFERS.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for offers, it was the only offer received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(h) CONTRACT AWARD.

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. While the Government intends to evaluate offers and award a contract after oral or written discussions with offerors, it reserves the right not to conduct discussions, as determined by the Contracting Officer.

(i) MULTIPLE AWARDS. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the offer.

(j) AVAILABILITY OF REQUIREMENTS DOCUMENTS CITED IN THE SOLICITATION.

(1) (i) The GSA Index of Federal Specifications, Standards, and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA FEDERAL SUPPLY SERVICE SPECIFICATIONS SECTION

470 EAST L’ENFANT PLAZA SW, SUITE 8100

WASHINGTON DC 20407

TELEPHONE: (202) 619-8925

FAX: (202) 619-8978

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans

Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock

Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk at (215) 697-2179, Monday through Friday, 0730 to 1600 EST; or

(iii) Ordering from--

DEPARTMENT OF DEFENSE SINGLE STOCK POINT (DoDSSP)

BUILDING 4, SECTION D

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5094

TELEPHONE: (215) 697-2667/2179

FAX: (215) 697-1462

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(k) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER. (Applies to offers exceeding

$3,000 and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1- 866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(l) CENTRAL CONTRACTOR REGISTRATION (CCR). Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-866-606-8220 or 334-206-7828.

(m) DEBRIEFING. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

6. Solicitation section M, contract clause FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) is hereby updated in its entirety as follows:

(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:

FACTOR 1: TECHNICAL ACCEPTABILITY

The following subfactors will be used in determining technical acceptability:

SUBFACTOR

1. Supplies or services and prices/costs, Section B

2. Description/specifications/statement of work, Section C

3. Inspection and acceptance, Section E

4. Deliveries or performance, Section F

Subfactors 1 – 4 will be rated either “Acceptable” or “Unacceptable.” These ratings are defined as follows:

ACCEPTABLE: The offeror’s proposal conforms to the Government’s supply and schedule requirements in Section B, product specifications in Section C, product quality assurance in Section E, and delivery/transportation requirements in Section F.

UNACCEPTABLE: The offeror’s proposal does not conform to any one or more of the following requirements: the Government’s supply and schedule requirements in Section B, product specifications in Section C, product quality assurance in Section E, or delivery/transportation requirements in Section F.

Proposals may be comprised of individual, independent offers, differentiated by product grade, shipping mode and/or FOB point. An individual offer within a proposal may be rated “Unacceptable”, while remaining offers within the same proposal may be rated “Acceptable.” A rating will be made for each individual offer within each proposal.

Each individual offer within a proposal must receive an “Acceptable” rating for every subfactor in order to be rated technically acceptable. If an individual offer within a proposal receives a rating of “Unacceptable” for one subfactor it will be rated technically unacceptable. Therefore, some individual offers within a proposal may be considered technically acceptable while other individual offers within the same proposal may be considered technically unacceptable.

An offeror that proposes an exception to any of the requirements of the solicitation, as related to the aforementioned subfactors, 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. Programmatic exceptions are addressed to all offerors via amendment. Likewise, a rating may be made “Acceptable” if an offeror corrects, or the Government accepts by reason of exception, any subfactors previously rated “Unacceptable” by the SSEB.

Offerors must provide additional written details to address all areas rated “Unacceptable” prior to the receipt of Final Proposal Revisions, which the Government will review for acceptance.

FACTOR 2: PRICE

Fixed Price with Economic Price Adjustment (EPA) contracts will result from this solicitation. The Contract Team will evaluate proposals for pricing purposes in accordance with FAR 52.212-2 – EVALUATION – COMMERCIAL ITEMS. Offerors are advised that DLA Energy intends to execute the extension provision of any subsequent contract only if there are remaining quantities left on the contract; no quantities will be added. The extension provision will only extend the ordering and delivery period of the contract. In addition, the extension provisions contained in contract provision I-0010 I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012), will be evaluated in conjunction with the evaluation of initial offers received.

The lowest price is defined as the lowest laid-down price, to include transportation costs as determined by the Bid Evaluation Model (BEM) which will provide the basis to make awards. The BEM is a computer evaluation model which analyzes numerous variables. These variables include the offeror’s proposed prices, fuel types, minimum and maximum award quantities, shipping locations, shipment mode capabilities, minimum and maximum cargo sizes, customer receipt locations, and receipt mode capabilities.

Transportation rates will be included for tanker, barge, pipeline, and tank truck transportation modes in accordance with M-0007 M41.04 EVALUATION OF OFFERS INVOLVING OTHER THAN F.O.B.

TANKER (BULK)(DLA ENERGY JUL 2010) and M-0004 M24.01 EVALUATION OF OFFERS

INVOLVING F.O.B. TANKER LOADING FOR THE INLAND/EAST COAST/GULF/OFFSHORE

PURCHASE PROGRAM (DLA ENERGY SEP 2010). Government additive costs will be used to evaluate, where applicable, proposals of product not fully additized at the loading facility, but instead are additized/injected en route to a facility or customer location. The BEM will calculate the overall pattern of delivery of fuel from contractor facilities to specific customer locations that represents the lowest total combination of price for product and transportation.

DLA Energy will request offeror submission of Interim Proposal Revisions (IPRs) before the conclusion of negotiations. IPRs will be entered into the BEM and evaluated. Each offeror will be provided with two documents generated from the BEM: the Minimum Cost Bid Evaluation Worksheet (MCBEW) and the Laid Down Cost Report (LCR), as follows:

– The MCBEW will provide detailed information on how an offer is evaluated to each demand location. Details including product price, method of delivery for each leg of the route, transportation and additive costs, and any applicable evaluation factors are included, and the ‘final laid in price’ is identified for each location. This information will be generated separately for each offeror, and each offeror will receive only the information applicable to their offer.

– The LCR will provide information on the award price at each demand location. The report is limited to providing the solicitation line item, location, quantity awarded, and ‘laid in price’ for quantity awarded. In this instance, the laid in price is the aggregate price including product, additive, transportation and any evaluation factor costs. No information concerning apparently successful offer, shipping point, or product routing is included.

– Offerors will be given time to review the MCBEW and LCR, after which DLA Energy will close negotiations and call for Final Proposal Revisions (FPRs). FPRs will be entered into the BEM and evaluated. Offerors will be provided with updated copies of the MCBEW and LCR.

Offerors will then be given an opportunity to provide a further discount using the Reverse Auction (RA)

Procurex tool. All offerors will be entered in the RA. No further action is required for offerors that choose not to offer a price discount during the RA. Any offeror that does participate will enter a discount price in the RA. The discount price will be offered by product and region, rather than specific line item. For example, a discount may be offered for all JP8 in the West Coast region. This discount will be offered from a notional price (e.g., $1.00), and not from an actual offer price. The Contracting Officer will establish an RA bid line for each product and region. Each bid line will have a notional price established. This notional price is the price against which vendors will offer their discounts. The minimum decrement for bids will be $0.00001. At the conclusion of the RA, the lowest discount price offered by each vendor will be recorded. This discount will be applied to the price offered at time of FPRs, and the BEM will be run to determine the award pattern with any discounts offered during the RA. A mock RA will be held to allow all offerors to become familiar with the process before the actual RA is conducted.

(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.

7. Addendum’s GENERAL SOLICITATION NOTES are updated as follows:

a) The following Inland/East/Gulf Coast JAA requirements will escalate with their respective region's economic price adjustment (EPA) formula provided in Clause 52.216-9069 ECONOMIC PRICE ADJUSTMENT - PUBLISHED MARKET PRICE DOMESTIC BULK (NOV 2011) - DLAD. Offerors should specify the respective commodity EPA escalator(s) to which their offer price is tied. FOB Origin offers will be evaluated solely to the EPA escalator(s) specified.

b) The ordering period is the date of award through March 31, 2015 for 15 month contracts. See F-0002 F1.08

DELIVERY AND CONTRACT PERIODS FOR PIPELINE AND TANK CAR DELIVERIES (DOMESTIC

BULK) (DLA ENERGY NOV 2011) and F-0004 F1.08-3, DELIVERY AND CONTRACT PERIODS FOR TANKER AND BARGE DELIVERIES (DOMESTIC BULK) (DLA ENERGY JAN 2012). Note that tank truck offers will be evaluated based on a 312-day delivery period – See F-0003 F1.08-1, DELIVERY AND

CONTRACT PERIODS FOR TANK TRUCK DELIVERIES (DOMESTIC BULK) (DLA ENERGY JAN

2012).

c) The delivery period for all items is date of award through March 31, 2015, with a thirty-day carryover for 15 month contracts. See I-0007 I86.12, DELIVERY - ORDER LIMITATIONS - SCOPE OF CONTRACT

(BULK) (DLA ENERGY NOV 2011).

d) ADDITIVES: For each line item, the schedule identifies additive requirements for the receipt mode for product offered on an FOB origin basis. Any product offered via common carrier pipeline shall not contain FSII or SDA, unless specified otherwise in the schedule. Product offered on an FOB destination basis to an end user by any receipt mode is required to have all additives required by the product specification. The product specification also identifies the additive levels required in all product(s).

e) For line items of which a portion is set-aside for Small Businesses or 8(a) firms, the volume is denoted after the "SA Quantity" or "8A Quantity" subheading on the Quantity line. This quantity is a portion of the total requirement stated for that line item and not in addition thereto.

f) Section 1: A. Origin Offer Card on page 2 of the OFFER SUBMISSION PACKAGE (OSP-2) must be used for FOB origin offers. B. Destination Offer Card on page 2 of the OFFER SUBMISSION PACKAGE (OSP-

2) must be used for FOB destination offers.

g) Unless otherwise stated for the given modes of transportation under each line item, the receipt percentage (%) will be 100%.

h) Asterisks denote the following:

No asterisk - Terminal

* Intermediate Terminal ** End user that can be supplied through a terminal (asterisks placed in front of note below quantity line) *** End user normally supplied by direct delivery that can also be supplied through a terminal (asterisks placed after quantity)

i) FOB destination tanker/ocean-going barge offers are not acceptable, except for locations specifically identified in the solicitation schedule. The definition of tanker/ocean-going barge is defined as a vessel transiting via ocean channels. The Government satisfies such movements using vessels provided by Military Sealift Command (MSC), supplemented as needed by charters.

j) SPECIFIC TO EXPLORER PIPELINE: Due to monthly shipping restrictions, award evaluations will be restricted to no more than 110,000 barrels per month into the Explorer Pipeline.

k) Product on the TEPPCO pipeline can only be evaluated for interstate movements i.e. TEPPCO Bossier City can only be evaluated from Shreveport LA. and TEPPCO DFSP Lebanon can only be evaluated from LIMA OH. via Buckeye pipeline into the Texas Eastern Pipeline system (TEPPCO PL). Product can also be evaluated into the TEPPCO PL via DFSP Houston. Pipeline deliveries are limited to FOB origin and destination offers from shipping locations with connection on the TEPPCO PL within the same state. Product can be evaluated from TEPPCO Ginco PL from Texas City to Houston.

l) All volumes are stated in U.S. Gallons (USG).

m) DFSP Olathe, KS will be used to evaluate distribution to locations in , Iowa, Nebraska, Missouri, and Kansas.

Point of entry into DFPS Olathe, Kansas is via the Magellan Pipeline (formerly Williams Pipeline; all references to Williams Pipeline is equivalent to Magellan Pipeline).

n) SPECIFIC TO DFSP BALTIMORE: The minimum throughput quantity for DFSP Baltimore is 50,000 barrels per month. The maximum throughput quantity is 160,000 barrels per month.

o) Current barge assets available to DLA Energy for use in shipment of quantities on an FOB origin basis by barge are limited to 50,000 barrels per individual shipment. For purposes of calculating transportation rates and overall quantity to be evaluated by barge (see M-0006 M33 QUANTITIES TO BE EVALUATED FOR TANKER AND BARGE OFFERS (DLA ENERGY AUG 2003), the maximum barge parcel size for single deliveries will be limited to 50,000 barrels except at those locations specifically noted in the solicitation schedule as having a smaller maximum parcel size. This limitation on maximum parcel size for FOB origin barge deliveries is for evaluation purposes ONLY. The offeror’s actual stated minimum and maximum quantities available for individual delivery by barge (page OSP 4 of the OFFER SUBMISSION PACKAGE) shall be incorporated into any contract resulting from this solicitation.

p) In order to be evaluated into DFSP Indianapolis, DFSP Novi, DFSP Lebanon, and/or DFSP Pittsburgh via the Buckeye Pipeline, the supplier must provide JP8 with a minimum flash of 108 degree F.

q) For M-0007 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 will be provided via amendment after receipt of initial offers. Offerors wanting to review information on weekly rate changes resulting from fuel surcharges may do so at the Surface Deployment and Distribution Command website at:

http://www.sddc.army.mil/GCD/default.aspx and click on the Fuel Table Letter under Fuel Surcharge.

r) Rates used in the BEM are those in effect at receipt of initial offers including the fuel surcharge in effect at that time.

s) All previous years for BEM reports and award information can be obtained from the FedBidOpps webpage https://www.fbo.gov/

t) Destination transportation rates are firm-fixed for the life of the resultant contract.

u) Each individual requiring access to the PORTS system must complete and submit a signature sheet for

PORTS.

v) FOR JP5 and F76: FOB destination tanker offers will not be accepted.

w) For all JAA pipeline offers, internal instruction E-0001 E1 CONTRACTOR INSPECTION

RESPONSIBILITIES (DLA ENERGY FEB 2012) does not apply. Testing and acceptance will require full specification testing to ASTM D 1655 or equivalent pipeline specification. The retention time for shipping tank retains is modified to seven (7) days. For all JAA pipeline CLINs, failure of the product in the tank and verified failure of the incoming retain samples will require the contractor to remove the product, clean the tank, and provide a replacement batch as soon as possible. Retain samples will be taken on the incoming line prior to receipt into the receiving activities tanks.

For all JAA offers for all modes of transportation (tank truck, rail car, tanker, and barge) except pipeline, testing and acceptance will be in accordance with internal instruction E-0001 E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY FEB 2012). The retention time for tank truck retains is modified to seven (7) days.

x) For all JP5 shipments/batches that transit through and/or to the Magellan Terminal (DFSP Houston) and/or the Colonial Pipeline System, must meet a minimum flash point of 144F (62C).

y) FOB Origin pipeline offers will be evaluated for the purpose of award up to the volume capacity of common carrier/private pipelines used to route offered volumes to DLA Energy customers/ DFSPs. In order to accomplish this, DLA Energy will carefully consider pipeline pumping cycles in conjunction with the maximum batch size acceptable to the pipeline carrier, the maximum parcel size cited by the offeror, and any pipeline proration enforced by the pipeline carrier, whether seasonal or year-round.

z) For all F76 shipments/batches that transit through and/or to the Colonial Pipeline System, they cannot contain a Lubricity Additive.

aa) F76 delivered to and/or through DFSP Houston are not acceptable.

8. Addendum Section B, B-0001 B1 SUPPLIES TO BE FURNISHED (BULK) (DLA ENERGY JAN 2012)

SCHEDULE B is hereby amended as shown in Attachment 1 of this amendment.

9. Addendum section B, contract clause 52.216-9069 ECONOMIC PRICE ADJUSTMENT -- PUBLISHED

MARKET PRICE - DOMESTIC BULK (NOV 2011) – DLAD, is updated in its entirety as follows:

(a) Warranties. The Contractor warrants that—

(1) The base 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 shall be computed in accordance with the provisions of this clause.

(b) Definitions. As used throughout this clause, the term—

(1) Base unit price means the unit price set forth opposite the item in the Schedule.

(2) Market price means the price to be used in determining an economic price adjustment of the base unit price of an individual product for the market area and time period specified in this clause. The market price is derived from quotes, assessments, or sales prices in the market place for one or several items or commodity groups as reported in a consistent manner in a publication, electronic data base, or other form, as determined by an independent trade association, governmental body, or other third party independent of the Contractor.

(i) Base market price means the price as shown in Column V of the table below, which is the market price from which economic price adjustments are calculated pursuant to this clause.

(ii) Adjusting market price means the market price for deliveries during the most recent period, as defined in the table below.

(3) Date of delivery is defined as follows:

(i) For tanker or barge deliveries.

(A) Free on board (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 pipeline deliveries. The date and time product commences to move past the specified f.o.b.

point.

(iii) For all other types of deliveries. The date product is received.

(c) Adjustments.

(1) Subject to the provisions of this clause, the price payable shall be the base unit price in effect on the date of delivery increased or decreased by the same number of cents, or fraction thereof, that the adjusting market price applicable at date of delivery increases or decreases, per like unit of measure, from the base market price.

(2) Calculations. All calculations shall be rounded to six decimal places.

(3) Modifications. Any resultant price changes to the base market price and base unit price shall be executed by the Contracting Officer through a weekly price adjustment modification effective each Tuesday.

(4) 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.

(5) 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 330 percent of the original base unit price in any applicable program year (whether a single year or multiyear program), except as provided hereafter.

(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 which the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the established market 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.

(6) Revision of market price indicator. In the event—

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

(ii) The Contracting Officer determines that the market price indicator consistently and substantially fails to reflect market conditions,-the parties shall mutually agree upon an appropriate and comparable substitute and the contract shall be modified to reflect such substitute effective on the date the indicator 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.

(d) Conversion factors. If this clause requires quantity conversions for economic price adjustment purposes, the conversion factors for applicable products, as specified in the DLA Energy conversion factor instruction, apply unless otherwise specified in the Schedule.

(e) Examination of records. The Contractor agrees that the Contracting Officer or designated representative 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.

(f) 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.

(g) TABLE.

I II III IV V

Item No. Name of Publication

Heading under which market indicator is published and name of product

Location where market price is applicable

Base market price as of September 4, 2012 (excludes all taxes) (see note(s) below)

EAST/GULF/INLAND/

OFFSHORE JP5/JP8

PLATT’S OILGRAM

PRICE REPORT

JET KERO 54 COAST PIPELINE U.S. GULF $3.249920

The reference price shall be determined as follows: 100% U.S. Gulf Coast (Average of the Low and High)

EAST/GULF/INLAND/

OFFSHORE JAA

PLATT’S OILGRAM

PRICE REPORT

JET KERO 54 COAST PIPELINE U.S. GULF $3.249920

The reference price shall be determined as follows: 100% U.S. Gulf Coast (Average of the Low and High)

EAST/GULF /

OFFSHORE F76

PLATT’S OILGRAM

PRICE REPORT

LS DIESEL 500ppm

WATERBORNE

U.S. GULF COAST $3.224620

The reference price shall be determined as follows: 100% U.S. Gulf Coast (Average of the Low and High)

An alternate market price indicator has been added for F76 offers to the East Coast region. Offerors of F76 into the East Coast region must specify on which escalator the offer is based.

Offers based on the Platt’s ULSD market price indicator will be subject to a negative factor of $0.001771 for evaluation purposes only. This evaluation factor represents the spread between the difference of the two reference prices and the 12-month averages of both market price indicators.

This alternate market price indicator reads as follows:

EAST/GULF /

OFFSHORE F76

PLATT’S OILGRAM

PRICE REPORT

ULSD

PIPELINE

U.S. GULF COAST $3.244620

The reference price shall be determined as follows: 100% U.S. Gulf Coast (Average of the Low and High)

An alternate market price indicator has been added for JP5 and JP8 offers to the East Coast region. Offerors of JP5 and JP8 into the East Coast region must specify on which escalator the offer is based.

Offers based on the Argus market price indicator will be subject to a positive factor of $0.000383 for evaluation purposes only. This evaluation factor represents the spread between the difference of the two reference prices and the 12-month averages of both market price indicators. This alternate market price indicator reads as follows:

EAST/GULF/INLAND/

OFFSHORE JP5/JP8

ARGUS US

PRODUCTS

JET KERO 54 COLONIAL

PIPELINE

$3.248030

The reference price shall be determined as follows: 100% Houston - Colonial Pipeline (Average of the Low and High)

An alternate market price indicator has been added for F76 offers to the East Coast region. Offerors of F76 into the East Coast region must specify on which escalator the offer is based.

Offers based on the Argus market price indicator will be subject to a positive factor of $0.001395 for evaluation purposes only. This evaluation factor represents the spread between the difference of the two reference prices and the 12-month averages of both market price indicators. This alternate market price indicator reads as follows:

EAST/GULF/INLAND/

OFFSHORE F76

ARGUS US

PRODUCTS

DIESEL 61 10ppm (ULS) COLONIAL

PIPELINE

$3.240480

The reference price shall be determined as follows: 100% Houston - Colonial Pipeline (Average of the Low and High)

For Platt’s Oilgram: NOTE: The East/Gulf Coast adjusting market price will be firm for weekly periods and is defined as the average of the applicable daily Platt’s spot assessment quotations effective for the prior week. The simple average of the daily average highs and lows of the prices effective Monday through Friday (excluding any days prices are not published) shall be the adjusting market price effective for the following Tuesday through Monday.

For Argus US Products: NOTE: The East/Gulf Coast adjusting market price will be…