SPE60017R07180003.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

SPE60017R0718

X

2017 JUL 21

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)

A. DLAD 52.216-9069 ECONOMIC PRICE ADJUSTMENT - PUBLISHED MARKET PRIC - DLA ENERGY DOMESTIC BULK (NOV 2011) is deleted in its entirety and replaced with B19.33 Economic Price Adjustment - Published Market Price - DLA Energy Domestic Bulk (DLA Energy JUNE 2017) See Attachment.

B. FAR 52.212-2 has been revised as follows:

52.212-2 -- Evaluation -- Commercial Items (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer 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 are equal in importance and will be used in determining technical acceptability:

SUBFACTOR

1. Supplies or Services and Prices/Costs, Section B

2. Description/Specifications/Statement of Work, Section C

3. Inspection and Acceptance, Section E

4. 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:

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 offer that includes an exception to any solicitation requirement in Section B, C, E, or F will be rated technically unacceptable under the appropriate technical evaluation subfactor unless either the exception is accepted by the Government, or the offer is subsequently revised to remove the exception. Offerors shall provide written details during negotiations to address any and all technical issues and/or exceptions that the Government has identified as “Unacceptable” prior to the submission of Final Proposal Revisions. FPRs are the final opportunity to revise proposals to address any technical acceptability issues. If a FPR includes an unresolved technical issue or an exception that is not acceptable to the Government, the offer will be found technically unacceptable and ineligible for award.

FACTOR 2: PRICE

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SPE60017R0718-0003

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 M24.01 EVALUATION OF OFFERS INVOLVING F.O.B. TANKER LOADING FOR THE INLAND/EAST/GULF/OFFSHORE PURCHASE PROGRAM(DLA ENERGY SEP 2010).

Government additive costs will be used to evaluate, where applicable, proposals of product that is not fully additized at the loading facility, but that instead is 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. However, as detailed below, when submitting a FPR during a standard OET round, offerors will not be able to make changes to the base market price(s), shipping points, products, and modes of delivery data fields.

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 receipts 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. The solicitation will have a Two-Part Close of Negotiations. Part 1-Close of Negotiations will occur at submission of IPRs. At that time, negotiations will close for base market price(s), shipping points, products, and modes of delivery, and this will be an offeror’s last chance to revise or finalize these items (i.e., base market prices, shipping points, products, and modes of delivery cannot later be changed when submitting a FPR). IPRs will be submitted through the OET and considered a standard round. If an offeror chooses not to revise its offer during the IPR round, the previously entered OET information will carry forward to the next round, and the offer will be evaluated on that basis.

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. If an

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offeror chooses not to revise its offer during the FPR standard round, then the previously entered OET information will carry forward to the next OET round, and the offer will be evaluated for award on that basis.

FPRs will be evaluated in the BEM. 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).

(c) 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.

C. Section B has been updated to add the following provisions:

L2.07.100 EVIDENCE OF RESPONSIBILITY (DLA ENERGY SEP 2017)

(a) Any offeror not performing a significant portion of the contract with its own facilities and personnel may be determined by the Contracting Officer to be nonresponsible.

(b) If the offeror's source of supply is a firm or refinery independent of the offeror, the offeror may be required to submit evidence of a supply commitment from such source(s) when submitting its offer under this solicitation. Evidence of supply commitments must extend to the subcontracting level at which the product is produced.

(c) Such evidence may be in the form of a signed copy of the contract between the offeror and its supplier or in the form of a contingency letter from the supplier or other satisfactory documentation. In any event, such evidence of agreement shall clearly identify--

(1) The volumes to be supplied;

(2) The specification(s) of product(s) to be supplied;

(3) The points of delivery and period of contract performance;

(4) The escalation provision(s) applicable to products to be supplied; and

(5) The supplier's delivery and inspection terms and conditions.

(d) If the offeror changes its source of supply, such change must be made no later than the time specified for the submission of Interim Proposal Revisions. If required, a notice of a change in the offeror's source

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of supply must include the documentation set forth in (c) above.

(e) Failure to comply with the above provisions may result in a determination of nonresponsibility by the Contracting Officer.

L2.09.100 EVIDENCE OF RESPONSIBILITY (OPERATING CRITERIA) (DLA ENERGY SEP 2017)

(a) To be determined responsible, an offeror may be required to designate, as a source of supply for performance under any resulting contract, a refinery that is operating at the time the offeror submits its Interim Proposal Revision. An operating refinery is a refinery that is producing petroleum products. For purposes of this contract provision, a petroleum product is a fuel used to operate motor vehicles, ships or aircraft.

(b) The evidence of responsibility required by this provision is in addition to the responsibility criteria set forth in FAR 9.104.

D. M24.01 has been updated as follows:

M24.01 EVALUATION OF OFFERS INVOLVING F.O.B. TANKER LOADING FOR THE INLAND/EAST COAST/GULF/OFFSHORE PURCHASE

PROGRAM (DLA ENERGY SEP 2010)

All offers will be evaluated as follows unless the solicitation specifically indicates otherwise in the schedule:

(a)Transportation will be considered in the evaluation of all origin offers. The evaluation rate will be expressed as a daily time charter rate and will be based on a nominal size U.S. Flag Vessel of approximately 30,000 Deadweight Tons (DWTs) and will consist of estimated market rates, published prices, actual charter hire rates paid by the Government, or any combination thereof.

(b)For this solicitation, the rate to be used in evaluation is $65,908.00 per day.

1. For the evaluation of offers, the Transportation Officer shall give to the Contracting Officer; and the Contracting Officer shall use, the lowest available freight rates and related accessorial and incidental charges that (A) are in effect on, or become effective before, the expected date of the initial shipment and

(B) are on file or published on the date of the bid opening.

2. If rates or related charges become available after the bid opening or the due date of offers, they shall not be used in the evaluation unless they cover transportation for which no applicable rates, accessorial, or incidental costs were in existence at the time of the bid opening or due date of offers.

(c) DLA Energy will not consider offers that require the furnishing of more than one product to fill a vessel. (d) Transportation freight rates will be applied to all offers in the evaluation process as follows:

1. 235,000 (JAA/JP5) and 225,000 (F76) barrels of product will be considered sufficient to fully utilize vessels up to 30,000 DWT. DLA Energy will use the evaluation rate along with round trip mileage over the tanker routes being evaluated to compute a transportation rate expressed in U.S. cents per gallon. This rate will then be added to the offered price per gallon to determine the evaluated price.

2. The following destinations will be evaluated on fully loaded vessels of approximately 30,000 DWT:

FOR JAA FOR JP5 FOR F76

DFSP Charleston, SC DFSP Jacksonville, FL DFSP Craney Island, VA DFSP Houston, TX DFSP Craney Island, VA DFSP Houston, TX

The following destination due to draft limitations or delivery restrictions cannot receive fully loaded vessels over 30,000 DWT and will be evaluated on a two-port discharge or restricted parcel size:

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FOR JAA FOR JP5 FOR F76

DFSP Port Tampa, FL DFSP Key West Pipeline, FL DFSP Jacksonville, FL DFSP Port Everglades, FL DFSP Guantanamo Bay, Cuba DFSP Guantanamo Bay Cuba

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Section B

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