SF30_SPE60218R0702-AMD_0005.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

4. REQUISITION/PURCHASE REQ. NO.

See Block 14

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE602 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

SPE60218R0702

X

2018 JAN 08

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of OffersX is extended, is not extended.

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

E. IMPORTANT: Contractor is not, X is required to sign this document and return 1 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

BULK PETROLEUM PRODUCT

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

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

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.

Rocky Mountain/West Coast/Offshore Amendment 0005 SPE602-18-R-0702 Page 2

The changes set forth herein are incorporated into Solicitation SPE602-18-R-0702. A conformed copy of the solicitation has been attached for your convenience.

Close of Negotiations: Please be advised that negotiations will conclude on April 25, 2018 at 3:00 p.m. EDT.

Solicitation Notes

1. Solicitation notes 31-39 are removed from the conformed copy.

2. Solicitation note 40 is changed to note 31 and is updated to read:

In order to evaluate tanker origin offers, offerors must provide pier side coordinates in the following format: N 38° 43’ 9.1596”, W 77° 9’ 46.8972”.

3. Solicitation note 41 is changed to note 32.

4. Solicitation note 33 has been added as follows:

Offerors must submit a Safety Data Sheet in accordance with DLA Provision I190.04 before the close of negotiations to be determined responsible.

Section B

5. All requirements under Section B have been identified as “Section B – Schedule.”

6. For Item T0012: DFSP PUGET SOUND (JAA), additives for the mode of barge and tanker have been updated as follows: FSII: No, SDA: Yes, and CI: Yes.

7. For Item 0072: TRAVIS AFB (JAA), Receipt mode by Truck has been updated to 25%.

8. For Items T0028, 0015 - DFSP Pearl Harbor (JP5), item 0002 – DFSP Pearl Harbor (F76), and item 0093 – DFSP Pearl Harbor (JAA) the mode for pipeline has been updated to Origin.

9. For Item 0100: JOINT BASE ELMENDORF RICHARDSON (JA1), the following note has been added: Joint Base Elmendorf-Richardson must be resupplied from DFSP Anchorage.

10. For Item 0003: PTLOMA – DFSP PT LOMA (F76), the following delivery note has been added: LIA must be included for tanker receipts For pipeline F76 receipts, LIA is injected

SPE602-18-R-0702 Page 3 inbound.

11. For Item 0014: SANNICOLAS –SAN NICOLAS ISLAND, CA (JAA), Delivery note has been added as follows: San Nicolas Island must be resupplied by barge from DFSP Point Loma. FOB restriction has be revised to origin only.

12. For Item 0075: WHIDBEY – NAS WHIDEY, WA (JAA), delivery mode of truck has been removed.

13. For Item 0047: GOWENANG – GOWEN FIELD ANG, ID (JAA) has been changed from FOB Truck Destination to FOB Truck Origin/Destination.

14. Provision B19.33 ECONOMIC PRICE ADJUSTMENT – PUBLISHED MARKET PRICE – DLA ENERGY DOMESTIC BULK (DLA ENERGY JUNE 2017) has been updated to include the following Base Reference Price escalators:

I II III IV V

Item No. Name of Publication

Heading under which market indicator is published and name of product

Location where market price is applicable

Base Market price as of 11/14/2017 (excludes all taxes)(see note(s) below

WEST COAST

JAA/JA1/JP5

PLATT’S

OILGRAM

PRICE REPORT

JET KERO 54 PIPELINE U.S. GULF

COAST $1.742260

Offers based on the Platts market price indicator will be subject to an adjustment factor of +0.071254 for evaluation purposes only. This evaluation factor represents the spread between the difference of the two reference prices and the 12-month averages of both market price indicators.

NOTE: Adjusting contract prices using this escalator would be using a 5 day wrap (2-1-2). The pricing would be the average of the 2 days prior to the lifting date, the day of, and 2 days after the lifting date. When using this escalator please note that if awarded a contract, invoicing must be completed three (3) business days after the delivery date.

WEST COAST F76

PLATT’S

OILGRAM

PRICE REPORT

ULSD PIPELINE U.S. GULF

COAST $1.842920

Offers based on the ULSD USGC PIPELINE market price indicator will be subject to an adjustment factor of +0.135171 for evaluation purposes only. This evaluation factor represents the spread between the difference of the two reference prices and the 12-month averages of both market price indicators.

NOTE: Adjusting contract prices using this escalator would be using a 5 day wrap (2-1-2). The pricing would be the average of the 2 days prior to the lifting date, the day of, and 2 days after the lifting date. When using this escalator please note that if awarded a contract, invoicing must be completed three (3) business days after the delivery date.

SPE602-18-R-0702 Page 4

West Coast JAA PLATT’S

OILGRAM

PRICE REPORT

JET KERO LA PIPELINE LOS ANGELES $1.890500

NOTE: Offers based on this escalator will be subject to a negative adjustment factor of - $0.003285 for evaluation purposes only. This evaluation factor represents the spread between the difference of the two reference prices and the 12-month averages of both market price indicators.

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.

ROCKY MOUNTAIN

PLATT’S

OILGRAM

PRICE REPORT

JET KERO LA PIPELINE LOS ANGELES $1.890500

NOTE: Offers based on this escalator will be subject to a negative adjustment factor of - $0.030668 for evaluation purposes only. This evaluation factor represents the spread between the difference of the two reference prices and the 12-month averages of both market price indicators.

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.

West Coast JAA PLATT’S

OILGRAM

PRICE REPORT

JET KERO LA PIPELINE LOS ANGELES $1.842600

Offers based on this escalator will be subject to an adjustment factor of +0.050959 for evaluation purposes only. This evaluation factor represents the spread between the difference of the two reference prices and the 12-month averages of both market price indicators.

NOTE: Adjusting contract prices using this escalator would be using a 3 day wrap (1-1-1). The pricing would be the average of the day prior to the lifting date, the day of, and the day after the lifting date. When using this escalator please note that if awarded a contract, invoicing must be completed two (2) business days after the delivery date.

West Coast JAA OPIS WEST COAST SPOT

MARKET REPORT

Los Angeles/San Francisco $1.827000

Offers based on this escalator will be subject to an adjustment factor of +0.064753 for evaluation purposes only. This evaluation factor represents the spread between the difference of the two reference prices and the 12-month averages of both market price indicators.

Note: Adjusting contract prices using this escalator will be based on the published price on the day of loading. The date of loading price is determined by taking the average for the day. If no price is published on the day of loading, the price will be based on the prior publication date.

West Coast JAA ARGUS $1.982500

SPE602-18-R-0702 Page 5

ARGUS GROUP 3 JET

MEAN

Los Angeles/San Francisco

NOTE: Offers based on this escalator will be subject to a negative adjustment factor of - $0.160859 for evaluation purposes only. This evaluation factor represents the spread between the difference of the two reference prices and the 12-month averages of both market price indicators.

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.

Offshore/West Coast OPIS LOS ANGELES JET FUEL SPOT LAX, Los Angeles $1.890750

NOTE: Offers based on this escalator will be subject to a negative adjustment factor of - $0.004984 for evaluation purposes only. This evaluation factor represents the spread between the difference of the two reference prices and the 12-month averages of both market price indicators.

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 I

15. FAR Clause 52.219-7 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE has been removed from clause 52.212-5 and 52.219-7 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (DLA DEVIATION) (OCT 2017) is hereby added to the solicitation as follows:

FAR 52.219-7 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (DLA

DEVIATION) (OCT 2017)

(a) Definitions. “Small business concern,” as used in this clause, means a concern, including its affiliates, which is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) General.

(1) A portion of this requirement, identified elsewhere in this solicitation, has been set aside for award to one or more eligible small business concerns. Small business concerns interested in receiving a set-aside award should submit an offer in the same manner as though there were no set-aside. Quantities offered by qualified small business concerns will be evaluated for the non-set-aside and set-aside portions of the procurement.

Separate offers should not be submitted on the non-set-aside and set-aside portions.

(2) Offers on the non-set-aside portion will be evaluated first and award will be made on that portion in accordance with the provisions of this solicitation. The evaluation will be made as though there were no set-aside. For the purposes of set-aside evaluation, when an offer contains quantities of the same product at different prices, from different shipping points, or by different modes of transportation, each increment will be considered a separate offer. Negotiations will be limited to the offered quantities not awarded under the provision of (b)(4) below.

SPE602-18-R-0702 Page 6

(3) The price for the set-aside portion will be negotiated by the contracting officer based on prices the Government would otherwise pay the successful offeror had there been no set-aside of the location under this solicitation, adjusted for transportation charges and other factors.

(4) The contractor(s) for the set-aside portion will be selected from among the small business concerns that submitted responsive offers on the non-set-aside portion. Except as provided below, negotiations will be conducted with the concern that submitted the lowest responsive offer on the non-set-aside portion. If the negotiations are not successful or if only part of the set-aside portion is awarded to that concern, negotiations will be conducted with the concern that submitted the second-lowest responsive offer on the non-set-aside portion. This process will continue until a contract or contracts are awarded for the entire set-aside portion. In the case of a small business concern whose offer is determined by the evaluation process to provide the lowest overall cost to the Government for the solicited items as a whole, award of a set-aside portion will be made to that small business concern without further negotiation. A small business concern will not be awarded a set-aside portion at a price higher than its offer price under the non-set-aside portion.

(5) The Government reserves the right not to consider token offers or offers designed to secure an unfair advantage over other offerors eligible for the set-aside portion.

(6) If eligible small business concerns do not offer a quantity of product sufficient to meet a set-aside requirement or do not offer to supply at the set-aside prices, the Government may make awards to the otherwise low offeror for all or any portion of the set-aside quantities, without regard to the size of the offeror. The total quantity that will be awarded to a small business offeror on both the non-set-aside and set-aside portions will not exceed the total quantity offered under this solicitation by such small business offerors. However, if insufficient product is offered by small business concerns to meet the quantity set aside for small business, small business concerns with which the Government has already commenced negotiations may be given an opportunity to offer additional product.

(c) Agreement. For the set-aside portion of the acquisition, a small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

16. FAR CLAUSE 52.223-03 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA (JAN 1997) is added to the solicitation as follows:

52.223-03 Hazardous Material Identification and Material Safety Data (Jan 1997)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

SPE602-18-R-0702 Page 7

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material

(If none, insert “None”)

Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph

(d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to --

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

SPE602-18-R-0702 Page 8

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

17. DFARS Clause 252.223-7001 HAZARD WARNING LABELS (DEC 1991) is added to the solicitation as follows:

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

(a) “Hazardous material,” as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labelling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labelled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert “None.”) ACT

SPE602-18-R-0702 Page 9

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

Section L

18. Solicitation provision L704 EVIDENCE OF RESPONSIBILITY (DLA ENERGY – BULK

MAR 2018) replaced provision L2.07.100 EVIDENCE OF RESPONSIBILITY (DLA ENERGY JAN 2018) as indicated in Amendment 0004. Provision L704 is outlined as follows:

L704 EVIDENCE OF RESPONSIBILITY (DLA ENERGY- BULK)

(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 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.