SOLICITATION_17-R-0710.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0066710409

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE600-17-R-0710

5. SOLICITATION NUMBER

2017 FEB 02

6. SOLICITATION ISSUE

DATE

John Stanislaus FPH1430

a. NAME

Phone: 703-767-9512

b. TELEPHONE NUMBER (No Collect calls)

2017 FEB 16

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE600

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

10. THIS ACQUISITION IS 70UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

324110NAICS:

52.212-1SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

DO-C9

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

22PAGE 1 OF

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUED ON NEXT PAGE

SOLICITATION NOTES:

This supplemental solicitation incorporates the terms and conditions of the Rocky Mountain West Coast Solicitation SPE600-17-R-0709 and all amendments except the following:

QAP C16.01-TURBINE FUEL, AVIATION (JP5) (BULK) (DLA ENERGY APR 2015) QAP C16.23-FUEL, NAVAL DISTILLATE (F76)

(DLA ENERGY AUG 2015)

QAP C16.64-3-TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE) (ROCKY MOUNTAIN /WEST) (WESTPAC)/(AN8)

(DEEP FREEZE) (PC&S) (DLA ENERGY AUG 2014)

F1.08-3-DELIVERY AND CONTRACT PERIODS FOR TANKER AND BARGE DELIVERIES (DOMESTIC BULK) (DLA ENERGY JAN 2012) F15-BARGE AND/OR T1 CLASS TANKER DEMURRAGE AND LOADING CONDITIONS (DLA ENERGY JAN 2012)

F16.01-BARGE DEMURRAGE AND UNLOADING CONDITIONS (BULK) (DLA ENERGY JAN 2012)

F52-TANKER/OCEAN-GOING BARGE DEMURRAGE AND LOADING CONDITIONS (DLA ENERGY JAN 2012) F52.01-TANKER STANDARDS

AND REQUIREMENTS (DLA ENERGY SEP 1995)

F54-TANKER UNLOADING (AUG 2007)

F105.01-DEADFREIGHT (DLA ENERGY JAN 2012)

F109—IN-LINE BLENDING IF NON-AVIATION PETROLEUM PRODUCTS (DLA ENERGY JAN 2012)

M24.02-EVALUATION OF OFFERS INVOLVING F.O.B. TANKER LOADING FOR THE ROCKY MOUNTAIN/WEST COAST/OFFSHORE

PURCHASE PROGRAM (DLA ENERGY SEP 2010)

SOLICITATION NOTES:

1. The following quantities are estimated maximum quantities. The actual purchases will be made pursuant to orders placed in accordance with FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) and FAR 52.216-18 ORDERING (OCT 1995).

2. LOCATION: ROCKY MOUNTAIN/WEST COAST SUPPLEMENTAL:

Turbine Fuel, Aviation (JAA) 9130-00-359-2026, PP 2.2b/ 7,528,500 USG

3. This procurement is 70.90% set-aside for small business. The applicable NAICS code is: 324110.

4. Offers must be submitted by the following method:

a) The Bulk Offer Entry Tool (OET). Use of the Bulk OET is mandatory for this solicitation. The current version of the Bulk OET does not replace the Bulk Fuels Offer Submission Package (OSP) in its entirety. Use of the Bulk OET will allow your offer to be imported directly into the Bulk Bid Evaluation Model (BEM).

Additionally, you will still need to complete the OSP as part of your offer and attach it to your OET submission. NOTE: Please note that all attachments will be subject to a total restricted size of 10 MB. Please make sure that your attachment does not exceed 10 MB.

b) The SF1449 will be electronically signed when submission through the OET is complete. You must attach a file in order to submit your offer successfully in OET.

c) In order to utilize the Bulk OET, you must first establish a Bulk OET account using the DLA Accounts Management and Provisioning System (AMPS). You can access AMPS at https://amps.dla.mil/oim where you can create either a new AMPS account or log in using your existing account (you will be asked to provide your CAGE code when creating a new AMPS account). Once you have established an account in AMPS, you will need to request the following role: “OET Prod – Vendor Offer Submission Role OET-105.” To select this role, you will first choose ‘Energy Applications’ then ‘Energy OET’ under the Browse Roles by Application tab. When applying for this role, please include your company name and the purchase programs you typically offer under in the notes or comments section of the application. Also, when applying for Bulk OET – you MUST include every CAGE code you intend to use to submit offers in the ‘notes’ section of the initial role request. Once your role has been approved, you will be provided with a user name and password that can be used to log into the Bulk Fuels OET website: <https://offerwizard.dla.mil/bulkoet/bulkoet.html>. If you experience difficulty in establishing an account, you can contact the DLA Energy Bulk Technical Team at DESC.BTechTeam@dla.mil for assistance.

5. NOTICE TO SMALL BUSINESS CONCERNS: DLA Energy plans to evaluate and award small business set-asides in the same way as it has historically. We anticipate issuing an amendment to add 52.219-7 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (DEVIATION) before the date for receipt of initial offers. However, in the interim, 52.219-7 without the deviation has been incorporated into the solicitation via 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (Mar 2016). The contact for questions regarding Small Business Affairs is Mr. Gregory Thevenin, (703) 767-9465 or (800) 523-2601.

6. NOTICE TO POTENTIAL SMALL BUSINESS OFFERORS: Due to the changes in the small business size standard under 52.212-1 Instructions to Offerors -- Commercial Items (BULK) (TAILORED) (DLA ENERGY) (JUN 2013), please make sure that you update your business standard in SAM as appropriate before you submit an offer. Once you offer, the business size is locked for the remainder of the procurement.

7. Dealers (non-manufacturers) must obtain a firm supply commitment letter in accordance with L2.07

EVIDENCE

OF RESPONSIBILITY (DLA ENERGY JAN 1998).

8. NOTICE: Any award to a contractor, who, at the time of award, was suspended, debarred, or ineligible for receipt of contracts with Government agencies or in receipt of a notice of proposed debarment from any Government agency, is voidable at the option of the Government.

9. Vendors are required to register in SYSTEM FOR AWARD MANAGEMENT (SAM) at www.sam.gov or by dialing (866) 606-8220. [SEE FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) FOR ADDITIONAL INFORMATION].

10. The following Rocky Mountain, West Coast and Offshore Supplemental Jet A requirements will escalate with their respective region's economic price adjustment (EPA) formula provided in 52.216-9069 ECONOMIC PRICE ADJUSTMENT - PUBLISHED MARKET PRICE DOMESTIC BULK (NOV 2011). Offerors should specify the respective commodity EPA escalator(s) to which their offer price is tied. Additionally, FOB Origin offers will be evaluated solely to the EPA escalator(s) specified, despite the possibility of being evaluated to different regions.

11. The ordering period is Date of Award through September 30, 2017 – See F1.08, DELIVERY AND CONTRACT PERIODS FOR PIPELINE AND TANK TRUCK DELIVERIES (DOMESTIC BULK) (DLA ENERGY NOV 2011), F1.08-1, DELIVERY AND CONTRACT PERIODS FOR TANK TRUCK DELIVERIES (DOMESTIC BULK) (DLA ENERGY JAN 2012).

12. The delivery period for all items is April 1, 2017 through September 30, 2017 with a thirty-day carryover

– See I86.12, DELIVERY - ORDER LIMITATIONS - SCOPE OF CONTRACT (BULK) (DLA ENERGY NOV 2011).

13. ADDITIVES: For each line item, the schedule identifies additive requirements for the receipt mode for product offered on an FOB origin basis. Any product offered via common carrier pipeline shall not contain FSII or SDA, unless specified otherwise in the schedule. Product offered on an FOB destination basis to an end user by any receipt mode is required to have all additives required by the product specification. The product specification also identifies the additive levels required in all product(s).

14. For line items of which a portion is set-aside for Small Businesses or 8(a) firms, the volume is denoted after the "SA Quantity" or "8A Quantity" subheading on the Quantity line. This quantity is a portion of the total requirement stated for that line item and not in addition thereto.

15. Unless otherwise stated for the given modes of transportation under each line item, the receipt percentage (%) will be 100%.

16. All volumes are stated in U.S. Gallons (USG).

17. For M41.04 EVALUATION OF OFFERS INVOLVING OTHER THAN F.O.B. TANKER (BULK) (DLA ENERGY JUL 2010), tank truck rates used in the BEM are those in effect at the time of receipt of initial offers including the fuel surcharge in effect at that time. The applicable surcharge, is now based on mileage instead of percent of line haul cost. Offerors can review information on weekly rate changes resulting from fuel surcharges at the Surface Deployment and Distribution Command website:

SECTION B

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

(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 Location where Base market price as of Nov. 15, market indicator is market price is 2016 (excludes all taxes) published and applicable (see applicable note(s) below)

ROCKY PLATT’S OILGRAM JET KERO 54

MOUNTAIN PRICE REPORT PIPELINE U.S. GULF COAST

$1.315520

JP8/JAA

The reference price shall be determined as follows: 100% U.S. Gulf Coast Pipeline (Average of Low and High) Note: Adjusting contract prices using this escalator 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 contract price effective for the following Tuesday through Monday.

SECTION F

F1.08-1 DELIVERY AND CONTRACT PERIODS FOR TANK TRUCK DELIVERIES (DOMESTIC BULK) (DLA ENERGY JAN 2012)

(a) The period of this contract during which the Ordering Officer may order pursuant to the DELIVERY-ORDER LIMITATIONS - SCOPE OF CONTRACT contract provision is from date of award through ____September 30, 2017____________.

(b) Notwithstanding (a) above, except at its option, the Contractor shall not be required to make delivery hereunder prior to ____April 1, 2017______________.

(c) Insofar as practicable, the Government will attempt to lift in approximately equal monthly quantities.

Except at its option, a supplier which offered product over the period ____April 1, 2017_____________ through ____September 30, 2017____________ shall not be required to—

(1) Make deliveries of any grade of product at a daily rate in excess of the contract quantity of such grade of product for delivery at or shipment from each designated refiner or bulk plant location divided by __182_____ days; or

(2) Accumulate any such product at any such location and to subsequently make deliveries in excess of __16.5%___ in any one month of the contract quantity of the applicable grade of product; provided, however, that where the maximum m quantity available for individual deliveries as specified in the contract is greater than __16.5%___ percent per month, the supplier will accumulate any such product at any such location and subsequently make deliveries equal to the specified maximum m quantity available for individual deliveries and, provided further, that the supplier will be required to make delivery in excess of __16.5%____ per month if the delivery is to be made f.o.b. tanker at origin and no other quantities have been ordered for delivery during the applicable month and the 30,000 barrels minimum, under (d) below, is greater than such ___16.5%_________ quantity.

(d) Except at its option, the Contractor shall not be required to deliver f.o.b. tanker at origin in any one delivery a quantity of product(s) less than 30,000 barrels, except when the minimum quantity available for individual deliveries as specified in the contract is less than 30,000 barrels, or when on the last delivery, the quantity available pursuant to the DELIVERY-ORDER LIMITATIONS - SCOPE OF CONTRACT contract provision is less than 50,000 barrels.

SECTION M

52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award one or more contracts resulting from this solicitation to the responsible offeror(s) whose offer(s) conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

FACTOR 1: TECHNICAL ACCEPTABILITY

The following subfactors will be used in determining technical acceptability:

SUBFACTOR

Supplies or services and prices/cost, Section B Description/specifications/statement of work, Section C Inspection and acceptance, Section E Deliveries or performance, Section F

Subfactors 1 – 4 will be rated either “Acceptable” or “Unacceptable.” These ratings are defined as follows:

ACCEPTABLE: The offeror’s proposal conforms to the Government’s supply and schedule requirements in Section B, product specifications in Section C, product quality assurance in Section E, and delivery/transportation requirements in Section F.

UNACCEPTABLE: The offeror’s proposal does not conform to any one or more of the following requirements: the Government’s supply and schedule requirements in Section B, product specifications in Section C, product quality assurance in Section E, and delivery/transportation requirements in Section F.

Proposals may be comprised of individual, independent offers, differentiated by product grade, shipping mode and/or FOB point. An individual offer within a proposal may be rated “Unacceptable”, while remaining offers within the same proposal may be rated “Acceptable.” A rating will be made for each individual offer within each proposal.

Each individual offer within a proposal must receive an “Acceptable” rating for every subfactor in order to be rated technically acceptable. If an individual offer within a proposal receives a rating of “Unacceptable” for one subfactor it will be rated technically unacceptable. Therefore, some individual offers within a proposal may be considered technically acceptable while other individual offers within the same proposal may be considered technically unacceptable.

An offeror that proposes an exception to any of the requirements of the solicitation, as related to the aforementioned subfactors, will be reviewed to determine whether the fuel will meet the Government’s specification and delivery requirements, can physically be accepted, and not compromise fuel quality. If so, an offer containing the exception will also be technically acceptable. Programmatic exceptions are addressed to all offerors via amendment. Likewise, a rating may be made “Acceptable” if an offeror corrects, or the Government accepts by reason of exception, any subfactors previously rated “Unacceptable” by the Source Selection Evaluation Board (SSEB).

Offerors must provide additional written details to address all areas rated “Unacceptable” prior to the receipt of Final Proposal Revisions, which the Government will review for acceptance.

FACTOR 2: PRICE

Fixed Price with Economic Price Adjustment (EPA) contracts will result from this solicitation. The Contract Team will evaluate proposals for pricing purposes in accordance with FAR 52.212-2 – EVALUATION – COMMERCIAL ITEMS. Offerors are advised that DLA Energy intends to execute the extension provision of any subsequent contract only if there are remaining quantities left on the contract; no quantities will be added. The extension provision will only extend the ordering and delivery period of the contract. In addition, the extension provisions contained in contract provision I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) will be evaluated in conjunction with the evaluation of initial offers received.

The lowest price is defined as the lowest laid-down price, to include transportation costs as determined by the Bid Evaluation Model (BEM), which will provide the basis to make awards. The BEM is a computer evaluation model which analyzes numerous variables. These variables include the offeror’s proposed prices, fuel types, minimum and maximum award quantities, shipping locations, shipment mode capabilities, minimum and maximum cargo sizes, customer receipt locations, and receipt mode capabilities. Transportation rates will be included for tanker, barge, pipeline, railcar, and tank truck transportation modes in accordance with M41.04 EVALUATION OF OFFERS INVOLVING OTHER THAN F.O.B. TANKER (BULK) (DLA ENERGY JUL 2010) and M24.02

EVALUATION OF

OFFERS INVOLVING F.O.B. TANKER LOADING FOR THE ROCKY MOUNTAIN/WEST COAST/OFFSHORE PURCHASE PROGRAM (DLA ENERGY SEP 2010). Government additive costs will be used to evaluate, where applicable, proposals of product not fully additized at the loading facility, but instead are additized/injected en route to a facility or customer location. The BEM will calculate the overall pattern of delivery of fuel from contractor facilities to specific customer locations that represents the lowest total combination of price for product, transportation and other costs.

Offers will be submitted through the Offer Entry Tool (OET). There are two types of OET instances or “rounds” that are available for use during the solicitation process – the “Standard” round and the “Reverse Auction” (RA) round. A standard round is used for all offer inputs from initial offers on the solicitation through Final Proposal Revisions (FPR). In a standard OET round, the vendor can change most data fields in their offer, including adding and removing shipping locations, adding or removing origin and destination bid lines, quantities, prices, and offer conditions.

After the solicitation has been posted to the Federal Business Opportunities (FedBizOpps) website, it will be posted to the OET as the initial standard round. Please note that there can be multiple standard rounds. All initial offers must be submitted via this OET standard round no later than the date and time specified for the receipt of initial offers. Only those offers who have submitted an initial offer by the date and time specified will be eligible to submit data in later OET rounds.

DLA Energy will request offeror submission of Interim Proposal Revisions (IPRs) before the conclusion of negotiations. IPRs will be submitted through the OET and considered a standard round.

The information in the OET will be evaluated in the BEM. Each offeror will be provided with a “Minimum Cost Bid Evaluation Worksheet” (MCBEW). The MCBEW will provide detailed information on how an offer is evaluated to each demand location. This report includes product price, method of delivery for each leg of the route, transportation and additive costs, any applicable evaluation factors, and the evaluated laid in price for each location. This information will be generated separately for each offeror, and each offeror will receive only the information applicable to their offer.

Offerors will be given time to review the MCBEW, after which DLA Energy will close negotiations and call for Final Proposal Revisions (FPRs). FPRs will be submitted through the OET and considered a standard round. FPRs will be evaluated in the BEM. If an offeror chooses not to revise its offer during the FPR standard round, then unless the offer is withdrawn, the offeror must still re-submit its previously entered OET information to be evaluated as a final offer in the BEM for possible award.

The Government reserves the right either to make awards based on the FPR BEM evaluation, or to conduct one or more additional standard or RA rounds in OET.

At the start of each RA round, offerors will be provided with an updated copy of the MCBEW. At this time, offerors will also be provided with a “Laid-Down Cost Report” (LCR). The LCR will provide information on the price currently in line for award at each demand location. This report is limited to providing the solicitation line item, location, quantity currently in line for award, and the laid in price for the quantity currently in line for award. The laid in price is an aggregate of product, additive and transportation costs, as well as any evaluation factor(s). No information concerning apparently successful offer, shipping point, or product routing is included.

In contrast to a standard round, in an RA round an offeror is only allowed to lower their offered price, and may not make revisions to any other OET fields. All other OET fields, including product type, shipping location, quantity, conditions, etc., will be locked during an RA round. During an RA round, the offeror is responsible for ensuring that the “offered price” field for each submitted offer line contains the offer price they wish to have evaluated. The price in the “offered price” field can be equal to or lower than the previously offered price (shown in the field directly to the left of the offer price field in OET). As with the standard rounds, offerors are responsible for submitting revisions before the stated closing date and time for the RA round. Revisions received after the stated closing date and time will not be considered, and, unless withdrawn, the offer will be evaluated using the final offered price that was submitted prior to the stated closing date and time.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Section B

Quality Technical Provisions

TURBINE FUEL,AVIATION,JAA,2.2B.

9130-003592026

PR #: .0066710409

IAW BASIC QAP 52838 ENERGY-QAP-C16.08-1

REVISION NR A DTD 08/01/2014

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E21.01

REVISION NR B DTD 06/26/2015

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E1.21

REVISION NR A DTD 02/01/2014

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E40.01

REVISION NR A DTD 07/08/2014

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E1

REVISION NR A DTD 09/01/2013

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E22

REVISION NR B DTD 04/04/2016

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E35

REVISION NR A DTD 12/01/2011

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E12

REVISION NR A DTD 07/30/2015

PART PIECE NUMBER:

RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT

RA001: THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS

(IDENTIFIED BY AN 'R' OR AN 'I' NUMBER) SET FORTH IN FULL TEXT IN THE

DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB

AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR

SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE

SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE

ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE

APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON

REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

TURBINE FUEL,AVIATION,JAA,2.2B.

9130-003592026

PR #: .0066710409

JAA Requirement Totals are as follows:.

Total Qty Set Aside 8A Reservation Qty Non Set Aside Qty UoM

7,528,500 5,336,100 0 2,192,400 UG6

Total Estimated ( JAA ) Quantity to be Purchased: 7,528,500

EPA Region Quantity Escalator Id Base Ref Price Base Ref Date .

WC 7,528,500 PLWCJET 0.000000 00/00/0000

WC .

Item: . T0001 Throughput SPLC: . 729180241 ANG CHEYENNE Quantity:. 880,000 UG6 8A Quantity:. 0 SA Quantity:. 792,000 Unrestricted:. 88,000

NSN Delivery Identification State

9130-003592026 (JAA) CHEYNANG - ANG CHEYENNE WY

TURBINE FUEL,AVIATION

Region Throughput SPLC Requirement SPLC

WC 729180241 729180241

Delivery Address: 1118 Aviation Rd. BLDG 10 Cheyenne WY 82209-4799

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE5F4D

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TRUCK 100 O/D Y Y Y

Delivery Hours: 0700-1530, MON-WED, 0700-1430 THU

Item:. 0004 Quantity: . 760,000 UG6 8A Quantity: . 0 SA Quantity: . 684,000 Unrestricted: . 76,000

Period of Performance: .04/01/2017-09/30/2017

NSN Delivery Identification State

9130-003592026 (JAA) CHEYNANG - ANG CHEYENNE WY

TURBINE FUEL,AVIATION

Region Throughput SPLC Requirement SPLC

WC 729180241 729180241

Delivery Address: 153 AG CHEYENNE WY 82009

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE5F4D

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TRUCK 100 O/D Y Y Y

Delivery Hours: 0700-1530, MON-WED, 0700-1430 THU

Item:. 0002

Quantity: . 120,000 UG6 8A Quantity: . 0 SA Quantity: . 108,000 Unrestricted: . 12,000

Period of Performance: .04/01/2017-09/30/2017

NSN Delivery Identification State

9130-003592026 (JAA) FEWARREN - FRANCIS E. WARREN AFB WY

TURBINE FUEL,AVIATION

Region Throughput SPLC Requirement SPLC

WC 729180241 729174240

Delivery Address: 7100 SABRE RD F. E. WARREN AFB WY 82005

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE5F3E

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TRUCK 100 O/D Y Y Y

Delivery Hours: 0700 - 1600, MON-FRI

Item: . T0002 Throughput SPLC: . 744542240 BUCKLEY ANG BASE Quantity:. 2,590,000 UG6 8A Quantity:. 0 SA Quantity:. 1,554,000 Unrestricted:. 1,036,000

NSN Delivery Identification State

9130-003592026 (JAA) BUCKLEYANG - BUCKLEY ANG BASE CO

TURBINE FUEL,AVIATION

Region Throughput SPLC Requirement SPLC

WC 744542240 744542240

Delivery Address: 1054 CAMP HALE WAY, AURORA CO 80011-9587

Service Code Delivery DODAAC Ordering Office DODAAC

DLA SE5F3R

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TRUCK 100 O/D Y Y Y

No. of Tanks Capacity Type Tank Location

2 220000 ABOVE GROUND TANK(S) BLDG 1054 CAMP HALE WAY

Delivery Hours: 0630 - 1500 MONDAY THRU FRIDAY

Item:. 0008 Quantity: . 2,400,000 UG6 8A Quantity: . 0 SA Quantity: . 1,440,000 Unrestricted: . 960,000

Period of Performance: .04/01/2017-09/30/2017

NSN Delivery Identification State

9130-003592026 (JAA) BUCKLEYANG - BUCKLEY ANG BASE CO

TURBINE FUEL,AVIATION

Region Throughput SPLC Requirement SPLC

WC 744542240 744189000

Delivery Address: E BRECKENRIDGE AVE RM 201 AURORA CO 80011-9587

Service Code Delivery DODAAC Ordering Office DODAAC

DLA SE5F3R

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TRUCK 100 O/D Y Y Y

No. of Tanks Capacity Type Tank Location

2 220000 ABOVE GROUND TANK(S) BLDG 1054 CAMP HALE WAY

Delivery Hours: 0630 - 1500 MONDAY THRU FRIDAY

Item:. 0003 Quantity: . 190,000 UG6 8A Quantity: . 0 SA Quantity: . 114,000 Unrestricted: . 76,000

Period of Performance: .04/01/2017-09/30/2017

NSN Delivery Identification State

9130-003592026 (JAA) BUCKLEYAFB - BUCKLEY FLD (AFB) CO

TURBINE FUEL,AVIATION

Region Throughput SPLC Requirement SPLC

WC 744542240 744542240

Delivery Address: Building 341 Eldora St AURORA CO 80011

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE5F3Q

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TRUCK 100 O/D Y Y Y

Delivery Hours: 0630-1500, MON-FRI, EXCLUDING HOLIDAYS.

Item:. 0001 Quantity: . 2,000,000 UG6 8A Quantity: . 0 SA Quantity: . 1,200,000 Unrestricted: . 800,000

Period of Performance: .04/01/2017-09/30/2017

NSN Delivery Identification State

9130-003592026 (JAA) CARSONSUPS - FT CARSON SUPERSTATION CO

TURBINE FUEL,AVIATION

Region Requirement SPLC

WC 746693270

Delivery Address: VEHICLE FUEL FACILITY FORT CARSON CO 80913

Service Code Delivery DODAAC Ordering Office DODAAC

SE5A3L

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TRUCK 100 O/D Y Y Y

Delivery Hours: 0800 - 1700, MON-FRI

Item:. 0006 Quantity: . 1,850,000 UG6 8A Quantity: . 0 SA Quantity: . 1,665,000 Unrestricted: . 185,000

Period of Performance: .04/01/2017-09/30/2017

NSN Delivery Identification State

9130-003592026 (JAA) PETERSON - PETERSON AFB CO

TURBINE FUEL,AVIATION

Region Requirement SPLC

WC 746672240

Delivery Address: Building 1232 Goodfellow Street PETERSON AFB CO 80914-2332

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE5F3P

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TRUCK 100 O/D Y Y Y

Delivery Hours: 0600-1430

Item:. 0009 Quantity: . 170,000 UG6 8A Quantity: . 0 SA Quantity: . 102,000 Unrestricted: . 68,000

Period of Performance: .04/01/2017-09/30/2017

NSN Delivery Identification State

9130-003592026 (JAA) GUERNSEY - NG CAMP GUERNSEY WY

TURBINE FUEL,AVIATION

Region Requirement SPLC

WC 728119250

Delivery Address: XUDW778 WY ARNG TNG SITE CMD FAS GUERNSEY WY 82214

Service Code Delivery DODAAC Ordering Office DODAAC

ARNG SE5A2W

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TRUCK 100 O/D Y Y Y

Delivery Hours: 0700-1400 MON-FRI

Item:. 0007 Quantity: . 22,500 UG6 8A Quantity: . 0 SA Quantity: . 13,500 Unrestricted: . 9,000

Period of Performance: .04/01/2017-09/30/2017

NSN Delivery Identification State

9130-003592026 (JAA) USAFACADMY - USAF ACADEMY CO

TURBINE FUEL,AVIATION

Region Requirement SPLC

WC 746655240

Delivery Address: 8110 Industrial Drive, Suite 100 COLORADO SPRINGS CO 80840-5350

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE5F3S

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TRUCK 100 O/D Y Y Y

Delivery Hours: 0700-1400

Delivery Notes: Delivery location requires that truck be equipped with a working pump.

Item:. 0005 Quantity: . 16,000 UG6 8A Quantity: . 0 SA Quantity: . 9,600 Unrestricted: . 6,400

Period of Performance: .04/01/2017-09/30/2017

NSN Delivery Identification State

9130-003592026 (JAA) FTCARSON - PINION CANYON CO

TURBINE FUEL,AVIATION

Region Requirement SPLC

WC 749149250

Delivery Address: U.S. HIGHWAY 350 BUILDING 300 MODEL CO 81059

Service Code Delivery DODAAC Ordering Office DODAAC

SE5A2J

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TRUCK 100 O/D Y Y Y

Delivery Hours: 0630-1600

SECTION A - SOLICITATION/CONTRACT FORM

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN ‘R’ OR AN ‘I’ NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

SECTION E - INSPECTION AND ACCEPTANCE

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) DFARS

SECTION I - CONTRACT CLAUSES

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) FAR

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) FAR

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) DFARS

(a) Definitions. As used in this provision— “Controlled technical information,” “covered contractor information system,” and “covered defense information” are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012, Covered Defense Information and Cyber Incident Reporting, shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology (IT) service or system operated on behalf of the Government (see 252.204-7012(b)(1)(ii))—

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (see http://dx.doi.org/10.6028/NIST.SP.800-171), not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (OCT 2016) DFARS

(a) Definitions. As used in this clause— “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.

“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 would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered defense information” means unclassified information that—

(1) Is—

(i) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

(ii) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and

(2) Falls in any of the following categories:

(i) Controlled technical information.

(ii) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(iii) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(iv) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

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

(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract that is information obtained from a third-party’s reporting of a cyber incident pursuant to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):

(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical assistance directly to the Government in support of the Government’s activities related to clause 252.204-7012, and shall not be used for any other purpose.

(2) The Contractor shall protect the information against unauthorized release or disclosure.

(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with this clause prior to the employees being provided access to or use of the information.

(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause.

(5) A breach of these obligations or restrictions may subject the Contractor to—

(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and

(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as a third party beneficiary of this clause.

(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar contractual instruments, for services that include support for the Government’s activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial items, without alteration, except to identify the parties.

(End of clause)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016)

DFARS

(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.

“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 attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“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 would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified information that—

(i) Is—

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

“Cyber incident” means actions taken through the use of computer networks that result in a compromise…