Amendment_0006_(3).pdf

BOA SP0600-14-R-0703

REQUIREMENT – DFSP GUAM II

1) This requirement and any resulting contract will incorporate the terms and conditions of SP0600-14-

R-0703 and any resulting agreement.

2) An exchange of petroleum products on an Equal Value Exchange (EVE) is a part of this Basic

Ordering Agreement (BOA), through mutual agreement of the parties. This allows the parties to take advantage of physical assets held globally to meet short fused requirements or opportunities to the mutual benefit of the parties.

3) DLA Energy is seeking to establish a mutual agreement to exchange the following petroleum product:

Type of Product being exchanged: Turbine Fuel, Aviation (JA1), NSN: 9130-00-753-5026

Estimated Quantity of Product Being Exchanged:

12,600,000 US Gallons

Delivery Location:

DFSP Guam II

4) Petroleum product (JA1) to be exchanged from DLA Energy to Exchange Partner from DFSP

Sitra, Bahrain.

5) Offerors are to complete Attachment 1 of the subject solicitation, EVE agreement template. Each agreement will include its own terms and conditions, specific to the exchange.

B-0001 B1 SUPPLIES TO BE FURNISHED (BULK) (DLA ENERGY JAN 2012)

(a) The minimum and maximum quantities are defined in the contract provision DELIVERY-ORDER

LIMITATIONS – SCOPE OF CONTRACT.

(b) The supplies to be furnished during the contract period and all associated data are as follows:

LINE

ITEM

LOCATION ESTIMATED QUANTITY

0001 DFSP GUAM – GUAM, GU 12,600,000 USG

FOB / MODE MIN/MAX PARCEL

DESTINATION / TK MIN: None/ Max 300,000 BBLS

NOTES:

A. An EVE is defined as an exchange of equal value of petroleum products recognizing the different values associated with product in different markets and the impacts of product price volatility.

B. JA1 offers (without additives) are limited to a max parcel size of 300,000 BBLS.

C. The requirements of the Cargo Preference Act are applicable to TK DESTINATION offers.

D. PORT DATA (SITRA, BAHRAIN): MAX: SAILING DRAFT 12.35M: MAX LOA: 250':

MAX DWT: 58,930: DEPTH ALONGSIDE 13.5: MAX ARM HT: 17 METERS: OPS TIME:

24. VESSEL COMPOSITE SAMPLING OF DELIVERIES ON A FOB DESTINATION

BASIS IS TO BE CONDUCTED AT ANCHOR; TRANSPORT OF U.S. GOVERNMENT

QAR TO WITNESS SAMPLING IS TO OFFEROR'S ACCOUNT.

B19.34 ECONOMIC PRICE ADJUSTMENT (OVERSEAS BULK) (DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

(1) The unit prices set forth in this offer and/or contract do not include allowances for any portion of the contingency covered by this contract provision; and

(2) The prices to be invoiced hereunder for listed items shall be computed in accordance with these escalation provisions.

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

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

(2) Reference price means the market price indicator set forth in the Table in (f) below with which the base unit price is to fluctuate. NOTE: The term market price indicator will be referred to hereafter as “reference price” in this contract provision.

(3) Date of delivery is defined as follows:

(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.

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

(c) ADJUSTMENTS.

(1) The Contractor shall give written notice to the Contracting Officer, Defense Logistics Agency Energy (DLA Energy), of any delivery and associated change in the reference price within 15 working days from the date thereof. Contractor failure to timely notify the Contracting Officer of any delivery and associated change in the reference price may result in late or incorrect payment of the relevant invoice.

(2) Subject to the conditions of this contract provision, the prices payable under this contract shall be the base unit price increased or decreased by the same number of cents, or fraction thereof, that the reference price shall have increased or decreased.

(3) 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 and after the effective date of the price change as stated in the publication.

(4) The Contracting Officer will issue a modification to this contract to reflect any change pursuant to this provision. However, no increase in a contract unit price shall be executed pursuant to this provision until the increase in the applicable published reference price has been verified by the Contracting Officer.

(5) 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 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.

(6) 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 award price, 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 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.

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

(7) REVISION OF REFERENCE PRICE INDICATOR. In the event--

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

(ii) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions--the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the 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.

(8) 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 provision, apply unless otherwise specified in the Schedule.

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

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

(f) TABLE.

I II III IV V

REFERENCE PRICE TABULATION

ITEM NO.

(LISTED

ITEMS)

NAME OF

PUBLICATION

HEADING UNDER

WHICH

REFERENCE PRICE

IS

PUBLISHED AND

NAME OF PRODUCT

LOCATION

WHERE

REFERENCE

PRICE

IS

APPLICABLE

REFERENCE PRICE

AS OF

(EXCLUDES ALL

TAXES)

See Below Platts Oilgram

Price Report (U.S. Edition)

Product Price Assessments

(Asia & Arab Gulf, FOB)

See Below Compute the average low/high for ten published effective days’ price preceding the date of lift.

PRODUCT

REFERENCE PRODUCT

(LOCATION)

REFERENCE PRICE/USG

EFFECTIVE, 2016

JA1 Jet Kerosene

(Asia / Singapore Subheading)

TBD

JA1 Kerosene (Arab Gulf, FOB)

TBD

NOTES:

A. For Platts Oilgram: NOTE: The Reference prices are calculated by averaging the respective low prices and averaging the respective high prices for the ten published effective days' prices preceding the date of delivery. Both the low and high averages are then averaged to determine the new Reference

Price. This average price is averaged to two (2) decimal places, regardless of whether the price is stated in dollars per barrel, dollars per metric ton, or cents per USG. This average will be converted to dollars per USG using the conversion factors cited in Paragraphs B, C, D, E, and F if needed, and rounded to six (6) decimal places. For example, assume a date of delivery on Friday and on that day, Platts published the effective price assessment for the previous day (Thursday). That previous day’s effective price assessment would be the tenth day used to calculate the reference price. If a delivery were on

Saturday, Sunday, or Monday, then the prior Friday’s effective price, which is published on Monday, would be the tenth day used to calculate the reference price. Because Platts does not publish on the weekend, Saturday’s, Sunday’s, and Monday’s reference price is calculated the same and then only

Saturday’s reference and unit prices are reflected in the contract price modification. For any consecutive days’ reference prices that calculate to be the same, only the first day’s reference and unit prices are shown on the contract price modification. Accordingly, for any delivery date not shown on a contract price modification, the last date prior to the missing date is used for payment purposes. If Platts fails to publish an assessment designated for a particular product yet publishes other assessments for other products, then just that missing effective price for that particular product is not considered as a published day’s price for reference price calculation purposes." Platts publishes prices Monday through Friday except holidays. A list of holidays is provided on Platts website at http://www.platts.com/Client%20Services/.

Any product offer must specify on which escalator it is based. Offers for JA1, JP8 may use any or all of the stated escalators for that product.

B. The conversion factor 315.30 USG/Metric Ton is used to calculate F76 escalator, GasOil 0.1%, Cargoes FOB Med Basis Italy.

C. The conversion factor 328.42 USG/Metric Ton is used to calculate JP5, JP8, and JA1 escalators, Jet Av. Fuel, Cargoes FOB Med Basis Italy.

D. The conversion factor 42 USG/Barrel is used to calculate prices cited in dollars per barrel, to include Gasoil (Asia), Gasoil (Arab Gulf, FOB), Jet Kerosene (Asia), and Jet Kerosene (Arab Gulf, FOB).

E. The conversion factor 274.09 USG/Metric Ton is used to calculate RME escalators under HSFO180CST Asia and 180CST Arab Gulf.

F. Prices that are cited in cents per gallon are converted to dollars per gallon by dividing by 100 and rounding to six (6) decimal places.

http://www.platts.com/Client%20Services/

F-0009 F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002)

(a) The period of this contract during which the Ordering Officer may order and the Contractor shall deliver, if ordered, will be as follows unless the Schedule specifies otherwise:

(1) Ordering period begins: DATE OF AWARD and ends: 15 JUN 2016.

(2) Delivery period begins: AT TIME OF AWARD and ends: 15 JUN 2016.

(b) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through 15 JUN 2016.

FAR 52.216-18 ORDERING (OCT 1995) is updated as follows:

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from DATE of AWARD through 15 JUN 2016.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.247-34 -- F.O.B. Destination (Nov 1991)

(a) The term “f.o.b. destination,” as used in this clause, means --

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the

Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the

Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall --

(1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of Clause)

FAR 52.247-45 -- F.O.B. Origin and/or F.O.B. Destination Evaluation (APR 1984)

Offers are invited on the basis of both f.o.b. origin and f.o.b. destination, and the Government will award on the basis the Contracting Officer determines to be most advantageous to the Government. An offer on the basis of f.o.b. origin only or f.o.b. destination only is acceptable, but will be evaluated only on the basis submitted.

(End of Provision)

DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE—BASIC (NOV 2014)

(a) Definitions. “Designated country end product,” “nondesignated country end product,”

“qualifying country end product,” and “U.S.-made end product” as used in this provision have the meanings given in the Trade Agreements—Basic clause of this solicitation.

(b) Evaluation. The Government—

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense

Federal Acquisition Regulation Supplement; and

(2) Will consider only offers of end products that are U.S.-made, qualifying country, or designated country end products unless—

(i) There are no offers of such end products;

(ii) The offers of such end products are insufficient to fulfill the Government’s requirements; or

(iii) A national interest waiver has been granted.

(c) Certification and identification of country of origin.

(1) For all line items subject to the Trade Agreements—Basic clause of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in paragraph

(c)(2) of this provision, is a U.S.-made, qualifying country, or designated country end product.

(2) The following supplies are other nondesignated country end products:

Line Item Number Country of Origin

(End of provision)

DFARS 252.247-7022 -REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA

(AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term

“supplies” is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it—

_____ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

_____ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of

Supplies by Sea.

(End of provision)

252.247-7023 Transportation of Supplies by Sea - TRANSPORTATION OF SUPPLIES BY SEA—

BASIC (APR 2014)

(a) Definitions. As used in this clause—

“Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

“Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

“Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel.

“Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

“Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items;

construction materials; and components of the foregoing.

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if—

(i) This contract is a construction contract; or

(ii) The supplies being transported are—

(A) Noncommercial items; or

(B) Commercial items that—

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the

Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that—

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the

Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules.

The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum—

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact

(with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the

Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of

Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief—

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting

Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM

DESCRIPTION

CONTRACT

LINE ITEMS

QUANTITY

TOTAL

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition

Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the

Federal Acquisition Regulation.

(End of clause)

5) Please submit your offer via email to Mr. Christopher Boeding, email:

Christopher.Boeding@dla.mil, Phone: 703-787-9651 and Ms. Shepeta Allen, email:

Shepeta.N.Allen@dla.mil Phone: 703-767-1466. Offerors' proposals shall be submitted in English and US Dollars per gallon signed by an authorized company official. DLA Energy intends to award with discussion. The closing date for receipt of offers is Friday, May 6, 2016, 1:00 p.m.

local time, Fort Belvoir, VA.

mailto:Christopher.Boeding@dla.mil mailto:Shepeta.N.Allen@dla.mil