SPE60218R0718_-_0004.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

SPE60218R0718

X

2018 JUL 30

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

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

10/24/2018

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.

Bulk Lubricants Program Amendment 0004

SPE602-18-R-0718

The changes set forth herein are incorporated into Solicitation SPE602-18-R-0718. A conformed copy of the solicitation has been attached for your convenience.

SECTION B

1. Contract text B19.33-1 Economic Price Adjustment – Published Market Price (Domestic Bulk Lubes)(DLA Energy May 2014) has been deleted from the solicitation

2. Contract text B19.33-1.100 Economic Price Adjustment – Published Market Price (Domestic Bulk Lubes) (DLA Energy OCT 2018) has been added to the solicitation:

B19.33-1.100 ECONOMIC PRICE ADJUSTMENT -- PUBLISHED MARKET PRICE (DOMESTIC

BULK LUBES) (DLA ENERGY OCT 2018)

(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 contract text; and

(2) The prices to be invoiced shall be computed in accordance with the conditions of this contract text.

(b) DEFINITIONS. As used throughout this contract text, 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 contract text. 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. For purposes of this contract, the market price is derived from the weekly Independent Chemical Intelligence Service (ICIS) Pricing-Base Oils (USA) publication.

(i) Base market price means the price as shown in the table below, which is the market price from which economic price adjustments are calculated pursuant to this contract text.

(ii) Adjusting market price means the market price for deliveries during the most recent period, as defined in the table below.

(iii) Table:

(3) Date of delivery is defined as the date the product is received by the Government.

(c) ADJUSTMENTS.

(1) Subject to the conditions of this contract text, 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 four 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 effective each Tuesday.

(4) INVOICES. The prices payable under this contract will be based on the latest adjusted unit price incorporated into the contract. In the event the adjusted unit price is not yet available for the week in which deliveries were made, the most recent adjusted unit price for the particular item shall be invoiced subject to retroactive adjustment(s).

(5) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract text, 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.

(6) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price, pursuant to these economic price adjustment texts shall not exceed 375% 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 conditions of this contract text 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

Publication Base Reference Price (06/12/2018)

Independent Chemical Intelligence Service

(ICIS)

$4.195000

Publication Base Reference Price (06/12/2018)

Independent Chemical Intelligence Service

(ICIS)

$2.750000

Note: The base market price for lubricant products under this solicitation will be adjusted on a weekly basis throughout contract performance. The adjusting market price will be derived from the simple average of the high and low of the weekly (ICIS) Paraffinic Solvent Neutral (SN) 600/650-Group I Spot Market Price FOB USGC-USD/GAL published in the ICIS Pricing Base Oils (USA) Report every Tuesday of the prior week. The adjusting market price shall be effective for deliveries made Tuesday through Monday. In the event of a holiday, or other event in which there is not publication of a price by ICIS, in a given week, there shall be no price change for the following week, and the adjusted unit price will be based on the most recent calculated average of the Paraffinic Solvent Neutral (SN) 600/650-Group I Spot Market Price FOB USGC. Price changes shall resume the week after the next date for which there is a published price by ICIS. For evaluation purposes only, this escalator will be subject to the following adjustment factor: + 0.338603

Escalator

Group 1 Posted Prices - FOB 600/650

Note: The base market price for lubricant products under this solicitation will be adjusted on a weekly basis throughout contract performance. The adjusting market price will be derived from the simple average of all of the Group I Posted Prices - FOB for Paraffinic Solvent Neutral (SN) 600/650 published in the ICIS Pricing Base Oils (USA) Report every Tuesday of the prior week. The adjusting market price shall be effective for deliveries made Tuesday through Monday. In the event of a holiday, or other event in which there is not publication of a price by ICIS, in a given week, there shall be no price change for the following week, and the adjusted unit price will be based on the most recent calculated average of the Group I Posted Prices - FOB for Paraffinic Solvent Neutral (SN) 600/650. Price changes shall resume the week after the next date for which there is a published price by ICIS. For evaluation purposes only, this escalator will be subject to the following adjustment factor: 0

Escalator

Group I Market Price (SN) 600/650 FOB USGC 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.

(7) 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) 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 conditions of this contract text.

(e) FINAL INVOICE. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract text.

3. Contract text B26.16 Scope Of Contract (Lubes and FSII) (DLA Energy JAN 2012) has been deleted form the solicitation.

SECTION C

4. Quality Assurance Provision (QAP) C16.63 Lubricating Oil, Steam Turbine and Gear (MS-2190 TEP) (LTL)(A Qualified Product)(DLA Energy SEPT 2018) has been changed as follows:

i. The language in C16.63(a)(3) no longer applies to solicitation SPE602-18-R-

ii. The language in C16.63(a)(5) has been changed. 1500 hours has been changed to

1000 hours

iii. The language in C16.63(a)(6) no longer applies to solicitation SPE602-18-R-0718

SECTION I

5. Small Business Subcontracting Plan: DLA Form 2019, JUL 2018 has replaced DLA Energy 19.3 – OCT. 2017. If a large business, please fill in the applicable attachment named “0004 Attachment 3 – SubKt Plan”.

6. DFARS clause, 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls, has been added to the solicitation:

As prescribed in 204.7304(a), use the following provision:

COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION

CONTROLS (OCT 2016)

(a) Definitions. As used in this provision—

“Controlled technical information,” “covered contractor information system,” “covered defense information,” “cyber incident,” “information system,” and “technical 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, 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 service or system operated on behalf of the Government (see

252.204-7012(b)(2)—

(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) that are in effect at the time the solicitation is issued or as authorized by the contracting officer 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 are 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.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/204_73.htm#204.7304 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 http://dx.doi.org/10.6028/NIST.SP.800-171

Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

SECTION M

7. Contract clause, 52.212-2 – Evaluation – Commercial Items (OCT 2014) FAR, has been updated as follows:

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

Proposals will be evaluated by the SSEB team against established evaluation criteria and standards. The SSA will make the final decision as to which offerors will receive an award based on the lowest price technically acceptable proposal(s).

(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 SSEB members will evaluate each offeror based upon the offeror’s compliance with the solicitation requirements. The offeror’s proposal is the sole basis on which the Government will evaluate the technical merits of what is proposed.

The following subfactors are equal in importance:

SUBFACTOR

1. Supplies or Services and Prices/Cost, 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 supplies or services and prices/costs in Section B, description/specifications/statement of work in Section C, inspection and acceptance in Section E, and deliveries or performance in Section F.

UNACCEPTABLE: The offeror’s proposal does not conform to any one or more of the following requirements: Supplies or services and prices/costs in Section B, Description/specifications/statement of work in Section C, Inspection and acceptance in Section E, and Deliveries or performance 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.

The Contract Team is responsible for addressing “Unacceptable” ratings, questions, clarifications, and/or comments posed by Technical Team members and relative to each offeror’s proposal, during negotiations. All offerors will have an opportunity to make revisions to submitted proposals during negotiations and to submit a final proposal revision unless the offeror should choose to withdrawal before the time final proposal revisions are requested.

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.

The lowest price is defined as the lowest laid-down price, to include transportation costs which will provide the basis to make awards. The Government will award a contract or a group of contracts to the lowest price, technically acceptable, offerors in a manner resulting in the lowest overall cost to the Government for the solicited items as a whole, in accordance with the other evaluation clauses contained in the solicitation. Transportation rates will be included for intermodal containers and truck modes in accordance with M41

EVALUATION OF OFFERS – TRANSPORTATION RATES AND RELATED

COST (DOMESTIC PC&S AND LUBES)(DLA ENERGY SEP 2000).

(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.

REVIEW OF INITIAL PROPOSALS

All proposals received in response to the solicitation will be reviewed and evaluated in accordance with this plan. Proposal prices will be redacted in the documents provided to the technical team. Each proposal received will be evaluated solely against the requirements set forth in the solicitation. A proposal will not be compared relative to another proposal received or to requirements that are not in the solicitation. The Government’s objective is to ensure that contracts are awarded to responsible offerors who have the ability to perform a contract under this solicitation and which also represents the overall best value to the Government based on technical acceptability and price. After all SSEB evaluators have completed their independent evaluations, they will confer as a group under the direction of the SSEB Chairperson via email, teleconferences, and/or face-to-face meeting. Once discussions are complete, the SSEB Chairperson will prepare a written consensus report that rates each proposal against the evaluation criteria for each factor to determine an overall rating for each proposal. Included in the consensus report will be a narrative summary containing a technical analysis that justifies the rating for each evaluation criteria and the justification for the overall rating given to each proposal.

After each proposal has been evaluated, discussions will be held with each offeror within the competitive range. All offerors will have an opportunity to make revisions to submitted proposal during negotiations and to submit a final proposal revision unless the offeror should choose to withdraw before the time final proposal revisions are requested.

REVIEW OF FINAL PROPOSALS

The above procedures will be repeated when revised proposals are received. The award recommendations will set forth rationale supporting the recommendation of the SSEB based on the final revised proposals. Good business judgment will be applied in making the award recommendations. The SSA is not bound to select for award the offerors recommended by the SSEB.

REVERSE AUCTION

Offerors will then be given an opportunity to provide a further discount using the Reverse Auction (RA) Procurex tool. All offerors will be entered in the RA. No further action is required for offerors that choose not to offer a price discount during the RA. Any offeror that does participate will enter a discount price in the RA. The discount price will be offered by product and specific line item.