AMENDMENT_0011.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

PAGE OF PAGES

1 / 5

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

03/10/2014

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE 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

JASPER PILI / DLA ENERGY-FEPC

PHONE: 703-767-9540 FAX - 703-767-8506

E-MAIL: JASPER.PILI@DLA.MIL P.P. 1.6L

1.6

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

X

SP0600-13-R-0224

9B. DATED (SEE ITEM 11)

04/24/2013

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 [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.)

SEE CONTINUATION PAGES

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)

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 mailto:JASPER.pili@DLA.MIL

RFP SP0600-13-R-0202

AMENDMENT 0011

1. This amendment is issued to reopen solicitation RFP SP0600-13-R-0224 for solicitation of offers for a new fuel requreiment in Mihail Kogalniceanu AB, Romania.

2. The closing date and time for receipt of offers for the below line item is Friday, March 14, 2013, 3:00

PM, Fort Belvoir, VA local time.

3. The following line item is eligible for full and open competition:

103 MK CONSTANTA MIHAIL

OS, ARMY, BSAST PSC 481 APO AE 09749 ARMY AEROPORTUL MIHAIL

KOGALNICEANU STR TUDOR VLADIMIRESCU NR,4

ROMANIA COUNTRY

DELIVERY DODAAC: W56SGN

BILLING DODAAC : W5843S

ORDERING OFFICE: 0040-0241-83-2275

103-EG GASOLINE, PREM (ULG) 15,000 GL

TRUCK WITH FITTINGS: 4" MALE CAMLOCK INTO

1/5,000 GALLON ABOVE GROUND TANK(S)

SPECIFICATION SHALL CONFORM TO: EN 228 LATEST EDITION

STANDARD CONTRACT TERMS STATE ORDERS MUST BE MADE

48 HOURS BEFORE THE REQUIRED DELIVERY DATE.

DELIVERY HOURS: 0800-1700 MONDAY THRU FRIDAY

4. The full text of contract provision B-0001-B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA

ENERGY JAN 2012) is as follows:

B-0001 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012)

(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 contract provision; and

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

(b) DEFINITIONS. As used throughout this contract provision, the term--

(1) Award price means the unit price offered by the Contractor and set forth opposite the item in the Schedule.

(2) Reference price means the market price, this is either published in an independent publication or supplied by the Contractor, with which the award price is to fluctuate. The reference price should be a market price for the same or similar product(s) as the item being purchased.

(3) 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 PIPELINE DELIVERIES. The date and time product commences to move past the specified f.o.b. point; and

(iii) FOR ALL OTHER TYPES OF DELIVERIES. The date product is received.

(c) ADJUSTMENTS. The prices payable under this contract shall be the award price increased or decreased by the amount, determined according to the following formula, that the reference price shall have increased or decreased, to and including the date of delivery.

(1) The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.

(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is--

[ ] (i) The low price published in

(name of publication)

[X] (ii) The average of the prices published in Platts Oilgram, European Monthly.

[ ] (iii) The established price posted by

______________________________________________________ and

(name of company) published in _________________________________________________________

(3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Oilgram, etc., the reference price in effect on the date of delivery shall be that item’s reference price that is in effect for the dates in the Table below. If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used. NOTE: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices, as notice of the correction is received. DLA Energy will work with the pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed.

(4) NONCOMMERCIAL (NOTIFICATION). For price adjustments utilizing a reference price indicator other than commercial publications such as Platts Oilgram, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof.

(i) INCREASES. Any increase in unit price as a result of an increase in reference price shall apply only to deliveries made on or after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase. However, the prices payable under this contract shall in no event exceed the Contractor’s posted or established selling price in effect on the date of delivery for the product supplied in the form of delivery made at the point of delivery. Also, no notification incorporating an increase in a contract unit price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer.

(ii) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the reference price, within the allotted 15 day period, such decrease shall apply to all deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease in the established price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date of reimbursement by the Contractor for the overpayment in accordance with the

Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS clause of this contract.

(5) Where the reference price is the Contractor’s established price (see (c)(2)(iii) above), the Contractor warrants that the product selected is one for which, except for modification required by the specifications of this contract, the

Contractor has an established price. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price. The Contractor further warrants that, as of the current date, any differences http://www.platts.com/ between the unit prices of the line items identified in the Schedule and the Contractor's established price for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications and to compliance with any requirements that this contract may contain for preservation, packaging, and packing beyond standard commercial practice.

(d) MODIFICATIONS. Any resultant price changes shall be provided via notification through contract modifications and/or postings to the DLA Energy web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments.

(e) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract provision, 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 the Excusable Delays and Termination for Cause paragraphs of the

CONTRACT TERMS AND CONDITONS – COMMERCIAL ITEMS clause of the this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(f) 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 575 percent of the award price, except as provided hereafter:

(1) If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions of this contract provision 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 appropriate explanation and documentation as required by the Contracting Officer.

(2) 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.

(g) REVISION OF REFERENCE PRICE INDICATOR. In the event—

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

(2) The reference price is an average of published or posted prices, and any one price ceases to be published or posted;

(3) The reference price is published in a trade price service or commercial journal and such publication ceases to publish said reference price or changes its method of quoting prices; or

(4) 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 adjustment described hereunder. 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 the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS clause of this contract.

(h) CONVERSION FACTORS. If this contract provision requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS contract provision, apply unless otherwise specified in the Schedule.

(i) 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 contract provision.

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

(k) TABLE.

http://www.desc.dla.mil/

I II III IV V VI VII

Name of If company - Reference Maximum price company/ name of product; Method of price payable under publication If publication - delivery as of this contract

(identify heading under applicable 1 March 2014 (includesany

Item No. by number which reference Location where to the (date) tax included

(listed from (c)(2) price is published reference price reference (exclude in the award items) above) and name of product is applicable price all taxes p rice

103-EG Platts Oilgram OPR PREMIUM ROMANIA TRUCK $2.731124 575% of theaward

European UNLEADED 10 PPM price

Monthly FOB MED

5. Submission Requirements:

NOTE 1: TO BE VALID, ALL OFFERS MUST COMPLY WITH THE INSTRUCTIONS IN CLAUSE 52-212-1(b) TO

INCLUDE AT A MINIMUM:

(1) The solicitation number, (2) The time specified in the solicitation for receipt of offers, (3) The name, address, and telephone number of the offeror, (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 than mailing address, (8) A completed copy of the representations and certifications at FAR 52-212-3 (see FAR 52-212-3(b)) for those representations and certifications that the offeror shall complete electronically), (9) Acknowledgement of Solicitation Amendments, and (10) If the offer is not submitted on the SF1449, include a statement specifying the extent of agreement with all terms, conditions and provisions included in the solicitation on Company Letterhead and signed and dated by an Officer of the Company. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

NOTE 2: TO BE VALID, ALL OFFERORS MUST BE REGISTERED ON WWW.SAM.GOV. ALL CERTIFICATIONS AND

REPRESENATIONS MUST BE COMPLETED ON WWW.SAM.GOV TO BE ACCEPTABLE BY THE TIME OFFERS ARE

SUBMITTED.

6. Send Porposals/offers via E-mail or Faxed to: Jasper Pili

Jasper.pili@dla.mil

Fax: 703-767-8506

Phone: 703-767-9540

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

mailto:Jasper.pili@dla.mil