SPE60015R0715_AMD_0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 13

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

2015 JUN 29

4. REQUISITION/PURCHASE REQ. NO.

See Block 14

5. PROJECT NO. (If applicable)

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

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

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

SPE60015R0715

X

9B. DATED (SEE ITEM 11)

2015 MAY 27

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

Theabove numbered solicitation isamended asset forth in Item 14.The hour and datespecified for receipt of Offers 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 APPLIES ONLY TO MODIFICATIONS 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)

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.)

Closing Date Changed to:

2015 JUL 01

TIME 1:00 PM

See Attached Continuation Sheet(s).

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) 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

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

X X

SPE600-15-R-0715

AMENDMENT 0003

1. The close date and time for CLIN T0007 is hereby extended to 1 July 2015 13:00 local time, Fort Belvoir Virginia. Offers or offer revisions involving other line items will not be accepted.

2. Provision C16.23 is hereby revised to the December 2014 provision. Refer to Section C.

3. DLAD 252.204-7012 is hereby included in the solicitation. Refer to Section I.

SECTION C - SPECIFICATION/SOW/SOO/ORD

C-0005/C16.23 FUEL, NAVAL DISTILLATE (F-76) (DLA ENERGY DEC 2014)

a) ENVIRONMENTAL: In delivering supplies and services under this contract, the

Contractor shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery.

The Contractor shall also comply with all applicable International Agreements, Treaties, Conventions, and the like to which the United States is a signatory or with whose terms the receiving activity has otherwise agreed to comply, including but not limited to, the requirements of MARPOL 73/78, Annex VI Regulations 14 & 18. The Contractor shall be responsible for determining the existence of all such requirements prior to the time deliveries are made.

1) In the event that an International, Federal, State, and / or local environmental requirement, as identified above, is more stringent than a requirement contained in this contract, the Contractor shall deliver product(s) that complies with the more stringent requirement. Product(s) that fails to meet the more stringent requirement will be considered nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s). In the event that compliance with the more stringent requirement causes the contractor to incur additional costs, the contractor may request an equitable adjustment.

2) Unless otherwise indicated by the Contractor in writing, prior to award, the product offered shall be required to fully meet all applicable specifications. The supplier shall provide to the receiving vessel a “Statutory Sample” of at least 400-mL in volume, taken from the receiving vessel’s inlet bunker manifold, together with a Bunker Delivery Note (BDN). This sample will be sealed and carry a sample tag that provides the documentation required per MARPOL 73/78, Annex VI Regulation 18.

b) SPECIFICATION: Military specification MIL-DTL-16884N applies.

c) SPECIFICATION MODIFICATIONS: Flash Point: All batches of F-76 that are presented for Government acceptance at origin and for shipment through a multiproduct pipeline shall meet a minimum flash point requirement of 62.5 degrees Celsius.

d) MATERIALS: The F-76 supplied under this contract shall not contain un-hydrotreated light cycle oils or contain any stabilizer additives, or any other additive or material not explicitly allowed per section 3.2 of MIL-DTL-16884N.

e) TRACEABILITY:

1) F-76 fuel supplied under this contract shall maintain traceability with respect to additives and materials, which is defined as the ability to trace the individual batch of fuel back to the original point of manufacture through documentation.

2) For all F-76 supplied, the documentation shall contain a statement attesting to the materials composition, which includes materials derived from non-petroleum sources, additives and their concentration levels.

3) If F-76 is produced by means of blending, the traceability requirement and documentation for additives and materials shall apply to each blending component used from the point of manufacture through the blend operation. Materials composition, additives and their concentration levels shall be included. The requirement and intent of traceability for blend components is not to obtain full certificates of analysis of each individual blend component, but for certification that no unapproved additives or materials are present in blend components used.

4) All traceability documentation shall be sufficient to guarantee that at no point have any unauthorized materials or additives been blended into the final product or any of its associated blend components per section 3.2 Material of MIL-DTL-16884N.

5) The form titled: “F-76 Traceability Signature Page” shall be used to document the above requirements in lines e.1 to e.4. The offeror/supplier shall comply with this requirement utilizing one of the three options below and notification shall be provided to both the contracting office and PQIS@dla.mil during the pre-award phase which option was chosen for compliance. Documents provided in conjunction with individual shipments shall be uploaded into Wide Area Work Flow as attachments under the quality tab.

i) The signed traceability signature page shall be provided by the supplier for each shipment. In addition, as part of the offer submission package, the offeror shall provide the signed traceability signature page and if the offeror is not the refiner of the product, the offeror shall provide the signed traceability signature page from each entity in the supply chain providing and/or handling F-76 product and/or blending components all the way back to the point of manufacture.

ii) The signed traceability signature page shall be provided by the supplier for each shipment. In addition, as part of the offer submission package, the offeror shall provide the signed traceability signature page. If the offeror is not the refiner of the product, upon award and prior to the first shipment, the offeror shall provide to the contracting office and PQIS@dla.mil the signed traceability signature page from each entity in the supply chain providing and/or handling F-76 product and/or blending components all the way back to the point of manufacture.

iii) As part of the offer submission package, the offeror shall provide the signed traceability signature page. Subsequently, for each shipment, signed traceability signature page shall be provided by the supplier and if the offeror is not the refiner of the product, the offeror shall provide the signed traceability signature page from each entity in the supply chain providing and/or handling F-76 product and/or blending components all the way back to the point of manufacture.

6) If at any point during the contract period the traceability information provided under option i or ii becomes invalid (i.e. the supply chain is altered or the source of F76 product or a blending component changes), the supplier shall notify both the contracting office and PQIS@dla.mil and updated documentation shall be provided.

f) ADDITIVES:

1) The following lubricity additives are permitted with the corresponding concentrations when the total sulfur of the product is less than 500 ppm. Lubricity additives not listed below may only be used with prior approval of additive and dosage by the procuring activity and user. Non mono-acid lubricity improvers are preferred.

Innospec Octamar LI5 200 ppm max Nalco EC 5711A 200 ppm max Lubrizol 539D 200 ppm max Baker Petrolite Tolad 9112 200 ppm max Total PC-32 200 ppm max Infineum R650 200 ppm max Infineum R655 150 ppm max

2) Dyes And Markers - Red dye required in off-highway diesel fuel in accordance with 40 CFR Part 80 as modified by the Environmental Protection Agency's interim final rule published in the Federal Register dated July 14, 1994 shall not be added to F-76. The finished product shall show no visual evidence of red dye. This F-76 product is for military, off-highway use only and must be segregated at all times from any diesel fuel used on-highway. NOTE: Red dye does not apply to Atlantic/Europe/Mediterranean or Western Pacific Overseas Bulk purchase programs unless offering refinery is located in the United States or one of its possessions.

F-76 Traceability Signature Page Contract or Solicitation Number:

CLIN:

Order Number:

Shipment Number:

F-76 fuel supplied under the above contract, CLIN, order number and shipment number maintains traceability with respect the materials composition, additives and their concentration levels. This signed statement certifies that at no point have any unauthorized un-hydrotreated light cycle oils, other unauthorized materials, or additives been blended into the final product or any of its associated blend components per the most recent revision of MIL-DTL-16884 at date of contract award. All materials and additives are listed below. The percentage of each material as defined in section 3.2 and 3.2.1 (i.e. refined hydrocarbon distillate fuel, Fischer- Tropsch, Hydroprocessed Renewable Diesel, etc.) and the concentration level for each additive are also shown. For the purposes of the offeror submission this signed statement attests that no unapproved additives or materials will be added to batches or components of batches of F-76 for delivery under government contracts.

Signature:

Printed Name:

Title:

Company Name:

Date:

Material Percent

Additive Concentration Responsible Party for Injection

SECTION I – CONTRACT CLAUSES

252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL

INFORMATION (NOV 2013)

(a) Definitions. As used in this clause—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Attribution information” means information that identifies the Contractor, whether directly or indirectly, by the grouping of information that can be traced back to the Contractor (e.g., program description or facility locations).

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information is to be marked with one of the distribution statements B-through-F, in accordance with DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Cyber incident” means actions taken through the use of computer networks that result in an actual or potentially adverse effect on an information system and/or the information residing therein.

“Exfiltration” means any unauthorized release of data from within an information system. This includes copying the data through covert network channels or the copying of data to unauthorized media.

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Safeguarding requirements and procedures for unclassified controlled technical information. The Contractor shall provide adequate security to safeguard unclassified controlled technical information from compromise. To provide adequate security, the Contractor shall—

(1) Implement information systems security in its project, enterprise, or company-wide unclassified information technology system(s) that may have unclassified controlled technical information resident on or transiting through them. The information systems security program shall implement, at a minimum—

(i) The specified National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53 security controls identified in the following table; or

(ii) If a NIST control is not implemented, the Contractor shall submit to the Contracting Officer a written explanation of how—

(A) The required security control identified in the following table is not applicable; or

(B) An alternative control or protective measure is used to achieve equivalent protection.

(2) Apply other information systems security requirements when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.

Table 1 -- Minimum Security Controls for Safeguarding

Minimum required security controls for unclassified controlled technical information requiring safeguarding in accordance with paragraph (d) of this clause. (A description of the security controls is in the NIST SP 800-53, “Security and Privacy Controls for Federal Information Systems and Organizations” (http://csrc.nist.gov/publications/PubsSPs.html).)

Access Control

Audit & Accountability

Identification and Authentication

Media Protection

System & Comm Protection

AC-2 AU-2 IA-2 MP-4 SC-2

AC-3(4) AU-3 IA-4 MP-6 SC-4

AC-4

AU-6(1)

IA-5(1)

SC-7

AC-6

AU-7

Physical and Environmental

Protection

SC-8(1)

AC-7 AU-8 Incident Response PE-2 SC-13

AC-11(1)

AU-9

IR-2

PE-3

AC-17(2)

IR-4

PE-5

SC-15

AC-18(1)

Configuration Management

IR-5

SC-28

AC-19

CM-2

IR-6

Program Management

AC-20(1)

CM-6

PM-10

System & Information

Integrity

AC-20(2)

CM-7

Maintenance

SI-2

AC-22 CM-8 MA-4(6) Risk Assessment SI-3

MA-5

RA-5

SI-4

Awareness & Training

Contingency Planning

MA-6

AT-2

CP-9

Legend:

AC: Access Control MA: Maintenance

AT: Awareness and Training MP: Media Protection

AU: Auditing and Accountability PE: Physical & Environmental Protection

CM: Configuration Management PM: Program Management

CP: Contingency Planning RA: Risk Assessment

IA: Identification and Authentication SC: System & Communications Protection

IR: Incident Response SI: System & Information Integrity

(c) Other requirements. This clause does not relieve the Contractor of the requirements specified by applicable statutes or other Federal and DoD safeguarding requirements for Controlled Unclassified Information (CUI) as established by Executive Order 13556, as well as regulations and guidance established pursuant thereto.

(d) Cyber incident and compromise reporting.

(1) Reporting requirement. The Contractor shall report as much of the following information as can be obtained to the Department of Defense via (http://dibnet.dod.mil/) within 72 hours of discovery of any cyber incident, as described in paragraph (d)(2) of this clause, that affects unclassified controlled technical information resident on or transiting through the Contractor’s unclassified information systems:

(i) Data Universal Numbering System (DUNS).

(ii) Contract numbers affected unless all contracts by the company are affected.

(iii) Facility CAGE code if the location of the event is different than the prime Contractor location.

(iv) Point of contact if different than the POC recorded in the System for Award Management (address, position, telephone, email).

(v) Contracting Officer point of contact (address, position, telephone, email).

(vi) Contract clearance level.

(vii) Name of subcontractor and CAGE code if this was an incident on a Sub-contractor network.

(viii) DoD programs, platforms or systems involved.

(ix) Location(s) of compromise.

(x) Date incident discovered.

(xi) Type of compromise (e.g., unauthorized access, inadvertent release, other).

(xii) Description of technical information compromised.

(xiii) Any additional information relevant to the information compromise.

(2) Reportable cyber incidents. Reportable cyber incidents include the following:

(i) A cyber incident involving possible exfiltration, manipulation, or other loss or compromise of any unclassified controlled technical information resident on or transiting through Contractor’s, or its subcontractors’, unclassified information systems.

(ii) Any other activities not included in paragraph (d)(2)(i) of this clause that allow unauthorized access to the Contractor’s unclassified information system on which unclassified controlled technical information is resident on or transiting.

(3) Other reporting requirements. This reporting in no way abrogates the Contractor’s responsibility for additional safeguarding and cyber incident reporting requirements pertaining to its unclassified information systems under other clauses that may apply to its contract, or as a result of other

U.S. Government legislative and regulatory requirements that may apply (e.g., as cited in paragraph (c) of this clause).

(4) Contractor actions to support DoD damage assessment. In response to the reported cyber incident, the Contractor shall—

(i) Conduct further review of its unclassified network for evidence of compromise resulting from a cyber incident to include, but is not limited to, identifying compromised computers, servers, specific data and users accounts. This includes analyzing information systems that were part of the compromise, as well as other information systems on the network that were accessed as a result of the compromise;

(ii) Review the data accessed during the cyber incident to identify specific unclassified controlled technical information associated with DoD programs, systems or contracts, including military programs, systems and technology; and

(iii) Preserve and protect images of known affected information systems and all relevant monitoring/packet capture data for at least 90 days from the cyber incident to allow DoD to request information or decline interest.

(5) DoD damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor point of contact identified in the incident report at (d)(1) of this clause provide all of the damage assessment information gathered in accordance with paragraph (d)(4) of this clause. The Contractor shall comply with damage assessment information requests. The requirement to share files and images exists unless there are legal restrictions that limit a company's ability to share digital media. The Contractor shall inform the Contracting Officer of the source, nature, and prescription of such limitations and the authority responsible.

(e) Protection of reported information. Except to the extent that such information is lawfully publicly available without restrictions, the Government will protect information reported or otherwise provided to DoD under this clause in accordance with applicable statutes, regulations, and policies. The Contractor shall identify and mark attribution information reported or otherwise provided to the DoD. The Government may use information, including attribution information and disclose it only to authorized persons for purposes and activities consistent with this clause.

(f) Nothing in this clause limits the Government’s ability to conduct law enforcement or counterintelligence activities, or other lawful activities in the interest of homeland security and national security. The results of the activities described in this clause may be used to support an investigation and prosecution of any person or entity, including those attempting to infiltrate or compromise information on a contractor information system in violation of any statute.

(g) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (g), in all subcontracts, including subcontracts for commercial items.