Amend_0004_SF30_Text.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

4. REQUISITION/PURCHASE REQ. NO. 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

SPE60015R0711

X

2015 APR 09

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

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

BLOCK 14 (cont’d)

Please see the attachement.

PAGE 2 OF 3 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE60015R0711-0004

SECTION J - LIST OF ATTACHMENTS

List of Attachments

Description File Name ATTACH.Amendment 0004 Attachment_SUB-

K PLAN

DLA Energy 19.3 Dec 2013 Latest Edition .pdf

ATTACH.Amendment 0004 Text

RMW_15R0711_Amendment 0004.pdf

PAGE 3 OF 3 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE60015R0711-0004

RMW SPE600-15-R-0711

Amendment 0004

1. The small business set-aside requirement for line item 0076, for the delivery of JP8 at Edwards AFB, CA is hereby reduced to by 630,000 USG to 270,000 USG from 900,000 USG. This decrease is due to the overall quantity decrease per Amendment 0003.

2. 52.216-9069 ECONOMIC PRICE ADJUSTMENT -- PUBLISHED MARKET PRICE -

DOMESTIC BULK (NOV 2011) is hereby revised to read the following:

52.216-9069 ECONOMIC PRICE ADJUSTMENT -- PUBLISHED MARKET PRICE - DOMESTIC BULK (NOV 2011)

(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 (Note 1) 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 February 24, 2015 (excludes all taxes) (see note(s) below)

OFFSHORE/ PLATTS SPOT PRICE ASSESSMENT LOS ANGELES $ 1.864850

WEST OILGRAM WEST COAST PIPELINE SAN FRANCISCO

COAST PRICE REPORT JET FUEL SEATTLE

JP5/JP8/

JAA/JA1

The reference price shall be determined as follows: LOS ANGELES + SAN FRANCISCO + SEATTLE

OFFSHORE/ PLATTS US WEST COAST LOS ANGELES $ 1.831400

WEST OILGRAM PIPELINE (JET KERO)

COAST PRICE REPORT

JP5/JP8/

NOTE: Offers based on the Platts ULSD USWC PIPELINE market price indicator will be subject to an adjustment factor of $0.007115 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.

The reference price shall be determined as follows: LOS ANGELES + SAN FRANCISCO

WEST ARGUS GLOBAL SPOT LOS ANGELES $ 1.846225

COAST JET MARKET PRICES SAN FRANCISCO

JP5/JP8 FUEL FOB

The reference prices shall be determined as follows: LOS ANGELES + SAN FRANCISCO

NOTE: Offers based on the Argus market price indicator will be subject to an adjustment factor of -$0.000364 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.

WEST ULSD (HO) CME - NYMEX NEW YORK $ 2.028900

COAST FUTURES HARBOR

JP5 SETTLEMENT

PRICE

NOTE: Offers based on the CME- NYMEX market price indicator will be subject to an adjustment factor of -$0.169669 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.

The reference price shall be determined as follows: 100% CME –NYMEX ULSD (HO) Futures Settlement Price.

OFFSHORE PLATTS SPOT PRICE ASSESSMENT LOS ANGELES $ 2.050825

WEST OILGRAM WEST COAST PIPELINE SAN FRANCISCO

COAST PRICE ULTRA LOW SULFUR

F76 (*EPA) DIESEL

SPOT PRICE ASSESSMENT SEATTLE

NORTHWEST

ULTRA LOW SULFUR

(*EPA) *Environmental Protection Agency

The reference price shall be determined as follows: LOS ANGELES + SAN FRANCICSO + SEATTLE

WEST ULSD (HO) CME - NYMEX NEW YORK $ 2.028900

COAST FUTURES HARBOR

F76 SETTLEMENT

PRICE

NOTE: Offers based on the CME- NYMEX market price indicator will be subject to an adjustment factor of -$0.018685 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.

The reference price shall be determined as follows: 100% CME –NYMEX ULSD (HO) Futures Settlement Price.

WEST PLATTS ULSD USGC $1.841725

COAST OILGRAM PIPELINE

F76 PRICE REPORT

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

NOTE: Offers based on the Platts ULSD USGC PIPELINE market price indicator will be subject to an adjustment factor of $0.128717 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.

For Platts Oilgram: Note The Rocky Mountain West Coast adjusting market price will be firm for weekly periods and is defined as the average of the applicable daily 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 adjusted market price effective for the following Tuesday through Monday.

For Argus US Products: NOTE: The Rocky Mountain West Coast adjusting market price will be firm for weekly periods and is defined as the average of the applicable daily Argus 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 adjusted market price effective for the following Tuesday through Monday.

ROCKY PLATTS JET KERO 54 U.S. GULF COAST $1.754850

MOUNTAIN OILGRAM PIPELINE

JP8/JAA PRICE REPORT

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

ALASKA OIL PRICE PAD 5 – UNLEADED ANCHORAGE $2.016688

JP4 OR INFORMATION

JET B SERVICES

The reference price shall be determined as follows: 70% OPIS UNLEADED AVERAGE ANCHORAGE + 30% OPIS ANCHORAGE

DELIVERED SPOT.

NOTE: The offeror must specifically tie each offered price to the publication, product, posting, price and effective date to be used for evaluation.

3. Attachment 3 of the original solicitation, DLA Energy Form 19.3 Small Business Subcontracting Plan (Mar 2011 is hereby deleted and replaced with DLA Energy Form 19.3 Small Business Subcontracting Plan (DEC 2013). Please see the attached.

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