SPE600-14-R-0514_Amendment_0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

4. REQUISITION/PURCHASE REQ. NO.

GERMANY WEST

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE600 7. ADMINISTERED BY (If other than Item 6) CODE

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

CODE FACILITY CODE

SPE60014R0514

X

2014 SEP 08

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 OffersX is extended, is not extended.

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.

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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:

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

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

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.

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

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

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

(a) By completing Items 8 and 15, and returning

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

3. EFFECTIVE DATE

Opening/Closing Date Changed to:

2014 SEP 08 / 2014 NOV 19

TIME 9:00 AM

See Attached Continuation Sheet(s).

(X)

CHECK ONE

PAGE OF PAGES

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

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

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

CONTINUED ON NEXT PAGE

This amendment is hereby issued to extend the closing date of the solicitation, add locations Clay Kaserne TMP and McCulley Barracks TMP once the optimization has been completed for each location, provide responses to offeror’s questions submitted under this Germany West Solicitation (SPE600-14-R-0514), incorporate FAR 52.242-15 STOP WORK ORDER (AUG 1989), incorporat DFARS 252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012), incorporate DLA Energy Contract Provision I616 GERMANY LABOR LAW (613A) (DLA ENERGY JAN 2010), and to as follows:

1. The closing date of the solicitation is hereby extended from November 12, 2014 to November 19, 2014 at 9:00am Fort Belvoir, VA time.

2. Clay Kaserne TMP and McCulley Barracks TMP are officially added to this solicitation, and the performance for Clay Kaserne TMP and McCulley Barracks TMP will begin at the completion of the their respecitive optimization projects and once inspection has been completed. The payment for the operation of these locations will not be made until a modification has been made to the contract to authorize payment. Clay Kaserne TMP and McCulley Barracks TMP are 24/7 unmanned will be associated with the Wisebaden processing site.

Please see the attached changes to Appendix E Base Level Information below.

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SPE60014R0514-0003

LOCATION SERVICES PROVIDED DODAAC

Clay Kaserne TMP Retail Service Station SE6A0S

Product Type

Facility / Tank

Capacity in Liters

Product Type

Facility # Capacity in Lit

Product Type

Facility / Tank

Capacity

ULG UST25 1/20,000 ULG 1243

SFD UST27 1/40,000 SFD 1243

JP8 UST26 1/10,000 JP8 1243

Hours of Operation:

24/7 Limitations: Please list any limitations of this facility:

List all Government Furnished Equipment (Buildings/computers/radios/computers/equipment/furniture) to be signed over to the contractor Item Nomenclature / QTY Item Nomenclature / QTY Item Nomenclature / QTY Item Nomenclature / QTY

POL OPS BLDG - 1

3. Questions and Answers

1. Please clarify the acceptable age limitations of the tanker equipment and other vehicles during the period of performance. The PWS states the age should be within 5 years at time of award, but shouldn’t it read at the date of commencement of period of performance (PoP)? If not, this requirement unfairly biases the government towards the incumbent considering this is a LPTA procurement and the contract is scheduled to be awarded 6 months prior to PoP commencement. (PWS Section C-5.9)

A1. The refuel truck should not be older than 5 years at the date of commencement of period of performance (PoP).

2. Please confirm the Defense Base Act (DBA) insurance requirements do not apply since this is a non-SOFA contract.

A2. In accordance with FAR 28.305(b), the Defense Base Act does not apply to this solicitation.

3. Will non-US personnel be excluded from working on this contract due to security requirements as listed in

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SPE60014R0514-0003

LOCATION SERVICES PROVIDED DODAAC

McCulley Barracks TMP Retail Service Station SE6A0?

Product Type

Facility / Tank

Capacity in Liters

Product Type

Facility # Capacity

Facility / Tank

Capacity

SFD UST2 1/100,000 ULG 6294

Hours of Operation:

24/7 Limitations: Please list any limitations of this facility:

List all Government Furnished Equipment (Buildings/computers/radios/computers/equipment/furniture) to be signed over to the contractor Item Nomenclature / QTY Item Nomenclature / QTY Item Nomenclature / QTY Item Nomenclature / QTY

POL OPS BLDG - 1

FAR 52.204-9000?

A3. Non-US personnel are not excluded based on FAR Clause 52.204-9000.

4. Please provide a list of all observed German holidays.

A4. The observed German holidays are New Year’s Day, Epiphany, Good Friday, Easter Monday, Labor Day, Ascension, Whit Monday, Corpus Christi, Assumption Day, Day of German Unity, Day of Reformation, All Saint’s Day, and Repentance Day.

5. What collateral duties are allowed to be performed by the TM and BLSA (PWS Section C-5.2)?

A5. Please refer to DoD 4140.1-R, DoD Supply Chain Material Management Regulation and DoD 4161.02-M, DoD Manual for the Performance of Contract Property Administration for detailed information regarding TM and BLSA roles and responsibilities.

6. With the 10MB size limit on the bidcustodian@dla.mil mailbox, can we break up our proposal into more than one email if the total size of the proposal is greater than 10MB to meet the electronic submission requirements? If not allowed, what other remedies are offered to the offerors for an electronic submission.

A6. The proposal can be sent in more than one email if that is required to meet the size requirement of the bidcustodian@dla.mil mailbox.

7. Considering this procurement is evaluated as a Lowest Priced Technically Acceptable procurement, will the Government perform a price reasonableness evaluation to ensure each offeror’s price proposal adequately considers all costs including payroll taxes, social taxes, corporate taxes, vehicle registration costs, Host Nation registration fee, and other indirect costs of doing business in Germany.

A7. The solicitation will be evaluated based on Lowest Priced Technically Acceptable for a commercial item.

Price reasonableness will not be used as an evaluation method unless it is determined necessary by the Contracting Officer.

8. Will the Government reimburse the service provider for the cost of fuel for refueling vehicles?

A8. The Government will not reimburse the contractor for the cost of fuel used to operate the refueling vehicles.

9. Will the Government provide the laboratory equipment necessary for performing the required sampling and testing of fueling equipment and facilities?

A9. The Government will not provide laboratory equipment necessary for performing the required sampling and testing of fueling equipment and facilities? It is the responsibility of the Offeror to provide and perform necessary testing on petroleum products as required IAW the latest addition of MIL-STD 3004.

10. OSP Schedule B and RFP Schedule B do not match – under Line Item 0001 the OSP does not show the specific locations and correct number of locations as listed in the RFP Schedule B.

A10. DLA Energy Contract Provision B34.01 in the Offeror Submission Package has been corrected, and it is included with Amendment 0003.

11. What are the security requirements – are clearances, special forms, and background checks required? Will the Government provide the forms? What are the minimum residency requirements for non-German employees filling the Terminal Manager and BLSA positions before a Common Access Card is issued?

A11. In accordance with C-5.6.1 Base Access Requirements, all contractor personnel must meet prescribed

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SPE60014R0514-0003

policy and procedure requirements in accordance with Army in Europe Regulation (AER) 190-16.

12. With German labor laws pertaining to keeping and protecting the incumbent workforce in effect, please provide the number of German and non-German employees.

A12. DLA Energy is not permitted to release information regarding the workforce of the current contractor.

13. Under Appendix F, Personnel Qualifications and Key Personnel it is stated that resumes must be submitted for Key positions and that no substitutions will allowed in the performance of the contract. We request that these requirements be removed or that the resumes for the current employees be provided. It is our understanding that under German Labor Law Clause I616, the incumbent labor force in its entirety must be retained and that no substitutions can be made as a result of a change in contractor. Therefore new personnel cannot be introduced. If this clause does not apply please let us know.

A13. In accordance with Appendix F, resumes for Key Personnel are not required until 30 Days after contract Award.

14. In the previous 2009 solicitation for this contract it was stated that under German Labor Law Clause I616 all incumbent employees must retain the same salaries and benefits without alteration. If this Clause is still in effect, in order to accurately price our offer we would ask to be provided the current number of employees and salary cost. In the former solicitation this was provided as an amendment.

A14. DLA Energy is not permitted to release information regarding the workforce of the current contractor.

4. FAR 52.242-15 STOP WORK ORDER (AUG 1989) is hereby incorporated into the solicitation.

FAR 52.242-15 STOP WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

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(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of Clause)

5. DFARS 252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012) is hereby incorporated into the solicitation.

DFARS 252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)

(a) Definitions. As used in this clause—

“Commercial and Government entity (CAGE) code” means—

(i) A code assigned by the Defense Logistics Agency Logistics Information Service to identify a commercial or Government entity; or

(ii) A code assigned by a member of the North Atlantic Treaty Organization that the Defense Logistics Agency Logistics Information Service records and maintains in the CAGE master file. The type of code is known as an “NCAGE code.”

“Contractor-acquired property” has the meaning given in FAR clause 52.245-1. Upon acceptance by the Government, contractor-acquired property becomes Government-furnished property.

“Government-furnished property” has the meaning given in FAR clause 52.245-1.

“Item unique identification (IUID)” means a system of assigning, reporting, and marking DoD property with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items.

“IUID Registry” means the DoD data repository that receives input from both industry and Government sources and provides storage of, and access to, data that identifies and describes tangible Government personal property. The IUID Registry is—

(i) The authoritative source of Government unit acquisition cost for items with unique item identification (see DFARS 252.211-7003) that were acquired after January 1, 2004;

(ii) The master data source for Government-furnished property; and

(iii) An authoritative source for establishing the acquisition cost of end-item equipment.

“National stock number (NSN)” means a 13-digit stock number used to identify items of supply. It consists of a four-digit Federal Supply Code and a nine-digit National Item Identification Number.

“Nomenclature” means—

(i) The combination of a Government-assigned type designation and an approved item name;

(ii) Names assigned to kinds and groups of products; or

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(iii) Formal designations assigned to products by customer or supplier (such as model number or model type, design differentiation, or specific design series or configuration).

“Part or identifying number (PIN)” means the identifier assigned by the original design activity, or by the controlling nationally recognized standard, that uniquely identifies (relative to that design activity) a specific item.

“Reparable” means an item, typically in unserviceable condition, furnished to the Contractor for maintenance, repair, modification, or overhaul.

“Serially managed item” means an item designated by DoD to be uniquely tracked, controlled, or managed in maintenance, repair, and/or supply systems by means of its serial number.

“Supply condition code” means a classification of materiel in terms of readiness for issue and use or to identify action underway to change the status of materiel (see http://www2.dla.mil/j-6/dlmso/elibrary/manuals/dlm/dlm_pubs.asp).

“Unique item identifier (UII)” means a set of data elements permanently marked on an item that is globally unique and unambiguous and never changes, in order to provide traceability of the item throughout its total life cycle. The term includes a concatenated UII or a DoD recognized unique identification equivalent.

“Unit acquisition cost” has the meaning given in FAR clause 52.245-1.

(b) Reporting Government-furnished property to the IUID Registry. Except as provided in paragraph (c) of this clause, the Contractor shall report, in accordance with paragraph (f), Government-furnished property to the IUID Registry as follows:

(1) Up to and including December 31, 2013, report serially managed Government-furnished property with a unit-acquisition cost of $5,000 or greater.

(2) Beginning January 1, 2014, report—

(i) All serially managed Government-furnished property, regardless of unit-acquisition cost; and

(ii) Contractor receipt of non-serially managed items. Unless tracked as an individual item, the Contractor shall report non-serially managed items to the Registry in the same unit of packaging, e.g., original manufacturer’s package, box, or container, as it was received.

(c) Exceptions. Paragraph (b) of this clause does not apply to–

(1) Contractor-acquired property;

(2) Property under any statutory leasing authority;

(3) Property to which the Government has acquired a lien or title solely because of partial, advance, progress, or performance-based payments;

(4) Intellectual property or software;

(5) Real property; or

(6) Property released for work in process.

(d) Data for reporting to the IUID Registry. To permit reporting of Government-furnished property to the IUID

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Registry, the Contractor’s property management system shall enable the following data elements in addition to those required by paragraph (f)(1)(iii) (A)(1) through (3), (5), (7), (8), and (10) of the Government Property clause of this contract (FAR 52.245-1):

(1) Received/Sent (shipped) date.

(2) Status code.

(3) Accountable Government contract number.

(4) Commercial and Government Entity (CAGE) code on the accountable Government contract.

(5) Mark record.

(i) Bagged or tagged code (for items too small to individually tag or mark).

(ii) Contents (the type of information recorded on the item, e.g., item internal control number).

(iii) Effective date (date the mark is applied).

(iv) Added or removed code/flag.

(v) Marker code (designates which code is used in the marker identifier, e.g., D=CAGE, UN=DUNS, LD=DODAAC).

(vi) Marker identifier, e.g., Contractor’s CAGE code or DUNS number.

(vii) Medium code; how the data is recorded, e.g., barcode, contact memory button.

(viii) Value, e.g., actual text or data string that is recorded in its human-readable form.

(ix) Set (used to group marks when multiple sets exist).

(6) Appropriate supply condition code, required only for reporting of reparables, per Appendix 2 of DoD 4000.25-2-M, Military Standard Transaction Reporting and Accounting Procedures manual (http://www2.dla.mil/j-6/dlmso/elibrary/manuals/dlm/dlm_pubs.asp).

(e) When Government-furnished property is in the possession of subcontractors, Contractors shall ensure that reporting is accomplished using the data elements required in paragraph (d) of this clause.

(f) Procedures for reporting of Government-furnished property. Except as provided in paragraph (c) of this clause, the Contractor shall establish and report to the IUID Registry the information required by FAR clause 52.245-1, paragraphs (e) and (f)(1)(iii), in accordance with the data submission procedures at http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html.

(g) Procedures for updating the IUID Registry.

(1) Except as provided in paragraph (g)(2), the Contractor shall update the IUID Registry at https://iuid.logisticsinformationservice.dla.mil/ for changes in status, mark, custody, condition code (for reparables only), or disposition of items that are—

(i) Received by the Contractor;

(ii) Delivered or shipped from the Contractor’s plant, under Government instructions, except when shipment is to a subcontractor or other location of the Contractor;

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(iii) Consumed or expended, reasonably and properly, or otherwise accounted for, in the performance of the contract as determined by the Government property administrator, including reasonable inventory adjustments;

(iv) Disposed of; or

(v) Transferred to a follow-on or other contract.

(2) The Contractor need not report to the IUID Registry those transactions reported or to be reported to the following DCMA etools:

(i) Plant Clearance Automated Reutilization and Screening System (PCARSS); or

(ii) Lost, Theft, Damaged or Destroyed (LTDD) system.

(3) The contractor shall update the IUID Registry as transactions occur or as otherwise stated in the Contractor’s property management procedure.

(End of clause)

6. DLA Energy Contract Provision I616 GERMANY LABOR LAW (613A) (JAN 2010) is hereby incorporated into the solicitation.

I616 GERMANY LABOR LAW (613A) (JAN 2010)

(a) German Labor Law, specifically Section 613A of the Bürglichen Gesetzbuch (BGB)(German Civil Code), is applicable to this acquisition. All Local National (LN) employees engaged in the work described hereunder have the right to transfer to the contractor. As a result of Section 613a applying to this contract, the new operator shall assume the rights and obligations arising under the employment contracts with the LN workforce existing at the time of the transfer. This result applies by operation of German law and cannot be excluded by virtue of contractual agreement. The employment conditions of the employees transferred cannot be changed for the period of one year following the transfer.

(1) A termination of employment cannot be justified with the contractual transfer to a new contractor operator; such a termination would be in violation to Section 613a, paragraph 4, BGB.

(2) The contractor must inform the employees affected by the transfer in detail in writing about the date or the planned date, the reason, the legal, economic and social consequences of the transfer for the employees and the envisioned measures with respect to these employees.

(3) The LN employees affected by the transfer have the right to object to the transfer of their employment contracts to the contractor (similar to the US right of first refusal) within the period of one month following receipt of the written information. A copy of the English translation of Section 613a BGB is publically available on the Internet at: http://bundesrecht.juris.de/englisch_bgb/german_civil_code.pdf, but DLA Energy makes no representation as to the accuracy of the translation.

(b) REIMBURSEMENT OF SEVERANCE PAYMENTS:

(1) The Government will reimburse the contractor for severance or separation payments made for termination of employment of personnel transferred to the contractor under the provisions of Section 613a of the German Labor Law, subject to the terms and conditions stated hereunder. The cost allowability limitations prescribed by FAR 31.205-6(g)(3) for severance payments made to local nationals do not apply with the grant of waiver as stated in FAR 52.237-9, Waiver of Limitation of Severance Payments to Foreign Nationals (Oct 95), which is incorporated in this document in full text. Except as stated below when Section 613a of the German Labor Law, does not apply the limitations prescribed by FAR 31.205-6(g)(3) will stand and will not be waived by FAR 52.237-9.

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(2) The provisions of FAR 52.237-9 will also extend to severance payments made for termination of employment under the following conditions.

(a) Termination for operational reasons (not for health or for disciplinary reasons). The total number of terminations which will be reimbursed the contractor shall not exceed the maximum number of terminations that the contractor specified and justified in his management/technical proposal in the implementation of his takeover plan of the personnel, in conjunction with his staffing plan.

(b) Mass terminations if contract is terminated and there is no follow-on contract to absorb the workforce.

(c) No termination shall be made without prior written notice to the Government, at least fifteen (15) days prior to such action, including the reason thereof. The Government reserves the right not to pay for such terminations if required prior written notice to the Government has not been made.

(d) No handling charges, overhead, profit, administrative expenses or other fees shall be paid in addition to the actual severance payments for which the Government is liable.

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