Amednment_0006-SF30_(Issued).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

SPE60219R0701

X

2018 NOV 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 Offers is extended, X 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.

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.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 2 OF 3 PAGES

SPE60219R0701 - 0006

CONTINUED ON NEXT PAGE

The purpose of Amendment 0006 is to re-open negotiations for discussion purposes only and incorporate clauses and provisions. Please see attachment one.

1) Negotiations are re-open effective today April 15, 2019 and will conclude on April 17, 2019 at 10:00 a.m. Fort Belvoir, Virginia time. No revisions to offer will be accepted.

2) All other terms and conditions remain unchanged.

Attachment One

Section G – Contract Administration Data

G150.05 SUBMISSION OF INVOICES FOR PAYMENT – COMMERCIAL ITEMS (BULK) (DLA

ENERGY JAN 2011)

(a) CERTIFICATION OF RECEIPT.

(1) F.O.B. DESTINATION DELIVERIES.

(i) The Quality Representative (QR) or authorized receiving activity personnel will certify the receipt and forward three copies to the appropriate paying office. If the receiving activity is not a U.S. organization, the authorized U.S. representative, as indicated in the Source Identification Ordering Authorization (SIOATH), will certify and distribute the receiving documents. One of the copies of the receiving report submitted for payment must contain the original signature of the QR and will have the following information stamped, printed, or typed on it: “ORIGINAL RECEIVING REPORT FOR PAYMENT OF INVOICE”. The receiving report must be signed by the QR to certify acceptance of the product prior to submission of the receiving report to the paying office.

(ii) The receipt for f.o.b. destination fuel may be one of the following documents:

(A) DD Form 250, Material Inspection and Receiving Report;

(B) DD Form 250-1, Tanker/Barge Material and Inspection Report; or

(C) DD Form 1155, Order for Supplies or Services, or the SF 1449, Solicitation/Contract/Order for Commercial Items.

(2) F.O.B. ORIGIN DELIVERIES.

(i) The QR will certify the receiving report and provide the Contractor with three copies, except for electronic submission, which requires only one copy. One copy must contain the original signature of the QR and will have the following information stamped, printed, or typed on it: “ORIGINAL RECEIVING REPORT FOR PAYMENT OF INVOICE”. The receiving report must be signed by the QR to certify acceptance of the product prior to submission of the receiving report to the paying office.

(ii) In order to receive payment, the Contractor must mail three copies (one of which will contain an original signature) of the applicable receiving report to the appropriate paying office, identifying the invoice numbers that are supported by the receiving documents. For electronic submission, the Contractor must maintain the hard copy receiving report for a period of seven years after final payment under this contract and will make it available for inspection by the Government, if requested.

(iii) When faxing an invoice, the Contractor shall also submit the applicable original receiving report no later than three days after each delivery. If the hard copy receiving report is not received from the Contractor by the paying office within 90 days of a facsimile receiving report, the wording of this contract text become inoperative and future facsimile messages will not be acceptable until remedial action is taken by the Contractor.

(iv) The receipt for f.o.b. origin fuel may be one of the following documents:

(A) DD Form 250, Material Inspection and Receiving Report; or

(B) DD Form 250-1, Tanker/Barge Material and Inspection Report.

(b) SUBMISSION OF INVOICES BY MAIL. Unless otherwise indicated on the face of the DD Form 1155 or SF 1449, hard copy invoices for product paid for by Defense Logistics Agency/DLA Energy funds should be mailed to the address below:

DEFENSE FINANCE AND ACCOUNTING SERVICE – COLUMBUS CENTER

STOCK FUND DIRECTORATE

FUELS ACCOUNTING AND PAYMENT DIVISION

ATTN: BULK VENDOR PAY

PO BOX 182317

COLUMBUS OH 43218-6250

(c) SUBMISSION OF INVOICES BY FACSIMILE.

(1) Contractors that select the facsimile method of invoicing prior to contract award must do so for all invoices. Failure to comply with the requirements of this contract text will result in revocation of the Contractor’s right to submit invoices by the facsimile method.

(2) Contractors shall include their own facsimile number on each document transmitted.

(3) The facsimile number for invoices sent to DFAS via Electronic Document Management is (866) 313- 2340 or (614) 693-2630.

(4) If the facsimile is received before 5 p.m. Eastern Standard Time/Eastern Daylight Savings Time (EST/EDST), the receipt date of record is the date the item was received. If the facsimile is received after 5 p.m. EST/EDST, the receipt date is the next business day.

(5) Contractors that elect to transmit invoices by facsimile are responsible for validating receipt of the faxed invoice. Verification can be made by calling DFAS Customer Service at (800) 756-4571 or (614) 693-8507 (Options 2 and 2) between 8 a.m. and 5 p.m. EST/EDT, Monday through Friday, excluding Federal holidays. Foreign vendors may use the DFAS e-mail account CCO-FUELS- FOREIGN@DFAS.MIL to verify receipt of invoices. The e-mail to DFAS should include, at a minimum, the following information: company name, contract number, invoice number, date of submission of invoice, and dollar value. DFAS will not be held accountable for transmissions not received.

(6) After transmitting the original invoice, the Contractor shall mark that invoice “ORIGINAL INVOICE

- FAXED” and retain it. The hard copy is not required for payment and shall not be mailed to the payment office unless DFAS specifically requests it.

(d) SUBMISSION OF INVOICES ELECTRONICALLY.

(1) APPLICABILITY. Electronic submission of invoices applies only to DoD items paid for with DLA/DLA Energy funds by DFAS Columbus, OH.

(2) REQUIREMENTS. Prior to submission of electronic invoices via electronic data interchange (EDI) under this contract text, the Contractor and DLA Energy must have a signed Trading Partner Agreement (TPA) and Addendum 810, Invoices, and Addendum 824, Invoice Return Notification. Invoices submitted electronically shall be in accordance with the wording of the signed TPA and Addendum 810. Electronic invoices submitted shall be American National Standards Institute (ANSI) Accredited Standard Committee (ASC) X12 810 Transaction Sets. These 810 Transaction Sets shall follow the AVNET Convention as specified by the Petroleum Industry Data Exchange. The electronic invoice shall contain all fields required by the AVNET Convention, including the contract number, order number, name of tanker and cargo number or shipment number (if applicable), item number, and contract description of supplies, services, sizes, quantities, unit price, and extended total, and, if shipment is made of a Government Bill of Lading, the Bill of Lading number.

(3) INVOICING ADDRESS. Electronic invoices for items paid for with DLA/DLA Energy funds, as cited on the DD Form 1155 or SF 1449, shall be electronically submitted to DTDN/S39008 or

GOVDP/S39008.

(e) SUBMISSION OF INVOICES BY COURIER.

Couriers, acting on the behalf of the Contractor, may deliver Contractor invoices being submitted for payment to the following mailroom street address:

DEFENSE FINANCE AND ACCOUNTING SERVICE – COLUMBUS CENTER

FUELS ACCOUNTING AND PAYMENTS

ATTN: BULK VENDOR PAY

3990 EAST BROAD STREET, BLDG 21

COLUMBUS OH 43213-1152

(f) NOTES.

(1) Invoices will reflect quantities in whole numbers.

(2) Unless otherwise expressly specified in the Schedule, payment of invoices will be made in U.S.

currency.

(3) INVOICING FOR DETENTION/DEMURRAGE COSTS. Invoices for detention/demurrage costs will be submitted by the Contractor directly to the Contracting Officer.

Section I – Contract Clauses

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DLA ENERGY JAN 2012)

(a) This contract text incorporates contract clauses and solicitation provisions by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

(b) The full text of any FAR, DFARS, or DLAD solicitation clause or provision may be accessed electronically at these addresses:

FAR: https://www.acquisition.gov/?q=browsefar

DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

(c) All DLA ENERGY contract texts are contained in full text in this document.

(d) Solicitation Provisions Only. The offeror is cautioned that the solicitation provisions listed in (e)(1) below may include blocks that must be completed by the offeror and submitted with its quotation or offer. As long as the offeror identifies the solicitation provision by number, the offeror may simply complete those paragraphs requiring fill-in information to submit with its quotation or offer. In addition to the solicitation provisions listed in (e)(1) below, the contract clauses listed in (e)(2) below shall apply to any resultant contract but do not require the submission of additional offer information.

(e) The following FAR/DFARS/DLAD contract clauses and solicitation provisions are hereby incorporated by reference in addition to those listed in the CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS and the CONTRACT TERMS

AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO

DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS clauses:

The following provisions are incorporated by reference:

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (OCT

2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY

OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

52.222-56 CERTFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR

2015)

252.215-7008 ONLY ONE OFFER (OCT 2013)

252.219-7000 ADVANCING SMALL BUSINESS GROWTH (SEP 2016)

The following clauses are incorporated by reference:

52.204-18 COMMERICAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

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

2016)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY

OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

52.232-17 INTEREST (MAY 2014)

52.246-2 INSPECTION OF SUPPLIES-FIXED-PRICE (AUG 1996)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP 2011)

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)

252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB 2019)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC

1991)

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)

252.225-7043 ANTITERRORISM/FORCE PROTECTION FOR DEFENSE CONTRACTORS OUTSIDE

THE UNITED STATES (JUN 2015)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (APR 2019)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMET (DEC 2012)

The following contract notes and texts are provided in their entirety:

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (SEP

2016)

(1) By submitting a quotation or offer, the contractor agrees that, when the contractor is not the manufacturer of the item, it is confirming that it currently has or will obtain before delivery and shall retain documented evidence (supply chain traceability documentation) that the item is from the approved manufacturer and conforms to the technical requirements. The retention period is five years after final payment under this contract.

(2) At a minimum, the supply chain traceability documentation for the item shall include: basic item description, part number and/or national stock number, manufacturing source, manufacturing source’s Commercial and Government Entity (CAGE) code, and clear identification of the name and location of all supply chain intermediaries between the manufacturer to the contractor to item(s) acceptance by the Government. The documentation should also include, where available, the manufacturer's batch identification for the item(s), such as date codes, lot codes, or serial numbers.

(3) Examples of acceptable supply chain traceability documentation can be found at:

http://www.dla.mil/LandandMaritime/Business/Selling/Counterfeit-Detection-Avoidance-Program/

(4) The contractor shall immediately make available documentation upon reque st of the contracting officer. The contracting officer determines the acceptability and sufficiency of documentation. If the contractor fails to retain or provide the documentation or the contracting officer finds the documentation to be unacceptable, corrective action may be taken including, but not limited to, cancellation of undelivered orders or rejection of delivered supplies.

E05 PRODUCT VERIFIATION TESTING (JUN 2018)

(1) Product verification testing (PVT) may be invoked at contract award or after contract award. If PVT is invoked at contract award, the contract will explicitly state this testing requirement and a QALI will be generated. If PVT is invoked after contract award, a QALI will be created and the DCMA quality assurance representative (QAR) will notify the contractor that testing will be performed. The PVT testing will be performed at a Government-designated testing laboratory.

(a) The contractor shall not ship or deliver any material unless directed to do so in writing by the contracting officer or until notified of acceptable PVT results.

(b) PVT results will be provided in 20 working days after receipt at the Government testing facility, unless otherwise specified in writing by the Government.

(2) The QAR will select a random sample from the contractor’s production lot. Selected PVT samples are to be shipped by the contractor with a copy of the Department of Defense DD Form 250 and the completed DD Form 1222. The packaging will be marked “Product Verification Test Samples, Contract number __________, lot/item number ________."

(3) Test results will indicate one of the following:

(a) Samples that pass testing and are not destroyed during evaluation will be returned to the contractor at the Government's expense and will be included as part of the total contract quantity. The contractor and

Government may agree to dispose of samples not destroyed when the cost of the item does not justify the shipping expense. Samples that pass testing and are not returned to the contractor will be considered part of the contract quantity for payment and delivery. The contractor will deliver the remaining lot quantity minus sample units.

(b) If samples fail testing, such failure will result in rejection of the entire contract lot from which the samples were taken. At the Government’s discretion, parts failing any test criteria may be retained and not be returned to the contractor.

I190.04 SAFETY DATA SHEETS -- COMMERCIAL ITEMS (BULK) (DLA ENERGY JUL 2016)

(a) For each item to be delivered under this contract, the apparently successful offeror shall submit, prior to award, a Safety Data Sheet (SDS), NOT a Material Safety Data Sheet (MSDS), that meets the requirements of both 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313. All data on the SDS shall be current, accurate, complete, and in compliance with Federal Standard No. 313. The apparently successful offeror is responsible for satisfying this requirement whether or not it is the actual manufacturer of the item. Failure to submit an SDS for each item to be delivered prior to award may result in the apparently successful offeror being considered non-responsible and ineligible for award.

(b) All SDSs shall be submitted to the Contracting Officer. Each SDS must cite the solicitation or contract number, the applicable Commercial and Government Entity (CAGE) code of the Contractor and the name of the manufacturer, and the National Stock Number (NSN).

(c) For current contracts, the apparently successful offeror need not submit an SDS for an item for which they have submitted an acceptable SDS to DLA Energy within the past four years. At minimum, a new SDS must be prepared, dated, and submitted every four years.

(d) If, at any time prior to or after award, there is either a change in the composition of the item(s) or a revision to Federal Standard No. 313 that renders incomplete or inaccurate the data submitted under paragraph (a) of this contract text, the apparently successful offeror or Contractor shall promptly notify the Contracting Officer and submit a new SDS that is complete and accurate within 30 days of said change or revision.