FINAL_SF30__Amendment_0002.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

SPE60219R0707

X

2019 MAY 02

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

8/5/2019

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.

a) SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

1) B1 SUPPLIES TO BE FURNISHED (BULK) (DLA ENERGY JAN 2012) is revised as follows:

• Line Item 0006 DFSP Qatar (JA1) has changed from FOB Restriction Origin/Destination via pipeline to FOB Destination Only.

• Line Item 0010 DFSP Hachinohe II max parcel size has decreased from 33,000 BBLS to 28,000

BBLS.

2) B19.34 ECONOMIC PRICE ADJUSTMENT (OVERSEAS BULK) (DLA ENERGY JAN 2012):

The following escalators have been approved and added to the list under clause B19.34(f) of the solicitation:

Name of Publication: PLATTS OILGRAM PRICE REPORT (U.S. EDITION) Product Price Assessments: (Asia & Arab Gulf, FOB)

PRODUCT REFERENCE PRODUCT

(LOCATION)

REFERENCE PRICE/USG

EFFECTIVE MARCH 19, 2019

(Excludes All Taxes)

ADJUSTMENT

FACTOR

F76 Gasoil 10 PPM

(Spore Cargo, FOB)

$1.931667 $0.000000

F76 Gasoil 10 PPM

(Arab Gulf, FOB)

$1.882381 +$0.001501

F76 ULSD 10 PPM

(100% FOB Med Basis Italy)

$1.922867 +$0.010921

F76 Gasoil 0.1% S

(FOB Med Cargo)

$1.857850 +$0.036785

JP5 Jet Kerosene

(Spore Cargo, FOB)

$1.898095 +$0.000000

JP5 Jet Kerosene

(Arab Gulf, FOB)

$1.851667 +$0.001347

JP5 Jet Av. Fuel

(Cargoes FOB Med Basis Italy)

$1.900250 +$0.021872

Western Pacific Program Solicitation SPE602-19-R-0707

Amendment 0002

b) SECTION C – DESCRIPTION/SPECIFICATION

1) The attachment labeled: “Attachment F76 Traceability Form” has been updated. Please also reference, C16.23 FUEL, NAVAL DISTILLATE (F-76)

c) SECTION F – DELIVERIES OR PERFORMANCE

1) OET F92.02 SCHEDULE OF REFINERY SHUTDOWN FOR TURNAROUNDS (DOMESTIC AND

OVERSEAS BULK) (DLA ENERGY OCT 2012) and RFP F92.03 REFINERY SHUTDOWN SCHEDULE FOR CONTRACT PERIOD (DLA ENERGY BULK MAY 2019) are superseded by F92.02

SCHEDULE OF REFINERY SHUTDOWNS FOR TURNAROUNDS (DOMESTIC AND OVERSEAS

BULK) (DLA ENERGY JULY 19). See below. Please complete and return this updated contract text.

JP5 Jet Kerosene

CIF NWE (Cargo, FOB)

$1.954449 +$0.017595

JA1 Jet Kerosene

(Spore Cargo, FOB)

$1.898095 +$0.000000

JA1 Jet Kerosene

(Arab Gulf, FOB)

$1.851667 +$0.001347

JA1 Jet Av. Fuel

(Cargoes FOB Med Basis Italy)

$1.900250 +$0.021872

JA1 Jet Kerosene

CIF NWE (Cargo, FOB)

$1.954449 +$0.017595

RME 180 FO 180 CST 3.5%S

(Spore Cargo, FOB)

$1.579189 +$0.000000

RME 180 FO 180 CST

(Arab Gulf, FOB)

$1.534861 +$0.000025

RME180 Marine Fuel 0.5%

(Spore Cargo, FOB)

$1.739027 $0.020534

F76 Gasoil 0.5% S

(Spore Cargo, FOB)

$1.914762 -$0.006457

F76 Gasoil 0.1% S

(Cargo FOB NWE)

$1.864193 0.005756

Western Pacific Program Solicitation SPE602-19-R-0707

F92.02 SCHEDULE OF REFINERY SHUTDOWNS FOR TURNAROUNDS (DOMESTIC AND

OVERSEAS BULK) (DLA ENERGY JULY 19)

(a) The offeror shall furnish to the Contracting Officer a refinery shutdown schedule for the contract period. DLA Energy will review the offered quantity, parcel sizes, and lift intervals in conjunction with the turnaround period to ensure that the entire offered quantity can be delivered during the performance period and will meet operational requirements.

(b) The offeror shall provide the following information for each product offered:

(1) No shutdowns planned [ ]

(2) Shutdowns Planned [ ]

(i) Refinery location:________________________________________________________________;

(ii) Shutdown period:________________________________________________________________;

(iii) Impact of shutdown period on supply availability:______________________________________

(c) Unless the offeror states otherwise, the offer will be evaluated on the basis that there will be no refinery shutdowns for turnarounds that will have an impact on supply availability.

2) F15 BARGE AND/OR SHALLOW DRAFT TANKER DEMURRAGE AND LOADING

CONDITIONS (DLA ENERGY JAN 2018) is revised to include the following full text:

F15 BARGE AND/OR SHALLOW DRAFT TANKER DEMURRAGE AND LOADING

CONDITIONS (DLA ENERGY JAN 2018)

On items calling for delivery f.o.b. barge and/or shallow draft tanker at origin--

(a) DELIVERY DATES.

(1) Unless otherwise specified in the Schedule, orders placed under items of the Schedule calling for delivery f.o.b. barge and/or shallow draft tanker at Contractor's refinery, terminal, or bulk plant will be furnished to the Contractor at least 15 days in advance of the date on which delivery is to be made, which date is hereafter referred to as the "scheduled delivery date." Each order will specify the quantity to be delivered, the scheduled delivery date, and the cargo number, and, if then available, the name of the barge and/or shallow draft tanker (herein referred to as "vessel") to be loaded.

(2) The scheduled delivery date may be revised by the Ordering Officer at any time and, unless the Contractor registers objections with the Ordering Officer within 72 hours of receipt of such revised scheduled delivery date, such revised date shall become the new agreed scheduled delivery date.

At the time the Contractor registers any such objections, the Contractor must provide a date, subsequent to the date proposed by the Ordering Officer, which represents the earliest date the Contractor can provide a berth. The Ordering Officer must confirm or reject the alternate date provided by the Contractor within 72 hours of receipt of the Contractor's objection. If the Ordering Officer chooses to accept the alternate date provided in the Contractor's objection, such revised date shall become the new agreed scheduled delivery date. If the Ordering Officer chooses to reject the alternate date provided by the Contractor, the scheduled delivery date will return to the previously scheduled delivery date.

(3) All communications regarding the establishment and revision of the scheduled delivery date and objections thereto shall be set down in writing at such time or promptly confirmed in writing.

(b) EXPECTED TIME OF ARRIVAL.

(1) The vessel designated to lift the cargo will notify the Contractor at the telex number provided by the Contractor or cause it to be notified when the Contractor does not provide a telex number of the name and the expected hour of arrival of the vessel at least 24 hours before the expected time of arrival.

(c) LAYTIME. The Contractor shall provide as soon as possible, but within 3 hours after receipt of notice of readiness to load from the vessel designated to load the cargo, a reachable berth free of cost to the Government, where the vessel can be safely moored and remain afloat at all times, for loading of the ordered supplies. Laytime shall commence, berth or no berth, either at the expiration of 3 hours after notice

Western Pacific Program Solicitation SPE602-19-R-0707 of readiness, or immediately when the vessel moors alongside, with or without notice of readiness, whichever first occurs; PROVIDED, however, that--

(1) If the vessel is tendered for loading on a date earlier than the last scheduled delivery date as determined pursuant to paragraph (a) above, the Government scheduled vessel shall be loaded as soon as possible in its proper turn with other vessels, and laytime shall not commence until the vessel moors alongside or at 3:00 a.m. local time on the last agreed schedule delivery date, whichever first occurs.

(2) If the vessel is tendered for loading later than noon on the day following the last agreed scheduled delivery date, as determined pursuant to paragraph (a) above, the vessel shall be loaded as soon as possible in its proper turn with other vessels. Laytime shall commence when the vessel moors alongside, provided a good faith effort is made by the Contractor to have the vessel loaded as soon as is reasonably possible under the circumstances prevailing at the time.

(3) Laytime shall continue 24 hours a day, 7 days a week, without interruption from its commencement until loading of the vessel is completed and the vessel has been released for sailing by the Government Quality Representative.

(d) ALLOWED LAYTIME.

(1) BASIC ALLOWED LAYTIME. For cargo movements under DLA Energy bulk petroleum contracts, the Contractor shall be allowed 1 hour for each 2,000 barrels loaded.

(2) INCREASES TO BASIC LAYTIME.

(i) If, after laytime commences, the condition of the vessel to be loaded does not permit loading, such basic allowed laytime shall be increased by the duration of such delay.

(ii) If the vessel is delayed in reaching its berth and the delay is caused by the fault of the vessel, such basic allowed laytime will be increased by the duration of such delay that occurred after laytime commenced.

(iii) If regulations of the owner, operator of the vessel, Customs Officials, or Port Authority prohibit loading at any time after laytime commenced, time so lost shall be added to the basic allowed laytime.

(iv) If for any reason the Contractor is delayed in loading the barge or there is a delay in releasing the vessel for sailing because of action of the U.S. Government that arises out of causes beyond the control and without the fault or negligence of the Contractor, such basic allowed laytime shall be increased by the duration of such delay.

(v) If the vessel requests cargo tanks be cushioned or topped off during the loading process and the quantity of product cushioned or topped including the time spent cushioning/topping tanks is noted on the DD Form 250-1, Loading/Inspection Report, the basic allowed laytime shall be increased by the difference between the actual time taken to cushion/top tanks and the amount of time required to pump the same quantity of cushioned/topped product at the Contractor's actual loading rate exclusive of cushioning/topping time and cushioning/topping quantity.

(vi) Contractor will be allowed up to 4 hours of additional laytime following removal of cargo hoses until vessel is released by the inspector in order to accomplish tasks required under the CONTRACTOR INSPECTION RESPONSIBILITIES contract text.

(vii) There will be no increases made to the basic allowed laytime (nor other reductions to any resulting demurrage time) for saved laytime arising out of other loadings.

(viii) Delays, after commencement of laytime, attributed to causes beyond the control and without the fault or negligence of the Contractor or the U.S. Government will result in increasing basic allowed laytime for one half of the delay.

(e) For all hours of laytime that elapse in excess of allowed laytime for loading provided for by paragraph (d) above, demurrage shall be paid by the Contractor as follows:

(1) TIME CHARTER VESSELS. At the demurrage rate for the vessel loaded, computed to the nearest whole hour, as published by the Military Sealift Command, and in effect on the date loading of the vessel is completed.

(2) The demurrage rate set forth in the Carrier's Tender of Freight Services and Demurrage Invoice to the Government.

(3) CONTRACT VESSELS. At the hourly rate specified in the contract.

(f) Hoses for loading a vessel shall be furnished, connected, and disconnected by the Contractor;

loading arm shall be connected and disconnected by the Contractor.

(g) Title to the supplies delivered and risk of loss thereof shall pass from the Contractor to the

Government when the supplies pass the vessel's permanent hose connection.

Western Pacific Program Solicitation SPE602-19-R-0707

d) SECTION G – CONTRACT ADMINSITRATION DATA

1) DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) is revised to include data in the fillable sections:

252.232-7006 Wide Area WorkFlow Payment Instructions.

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense

Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic

Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for

Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

Western Pacific Program Solicitation SPE602-19-R-0707

Amendment 0002 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

“Invoice and Receiving Report” (Combo) or “Invoice” (stand-alone) and “Receiving Report” (stand-alone)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SPE602 Admin DoDAAC** SPE602 Inspect By DoDAAC TBD Ship To Code TBD Ship From Code TBD Mark For Code TBD Service Approver (DoDAAC) TBD

Western Pacific Program Solicitation SPE602-19-R-0707

Service Acceptor (DoDAAC) TBD Accept at Other DoDAAC TBD LPO DoDAAC TBD DCAA Auditor DoDAAC TBD Other DoDAAC(s) TBD

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

DESC-BTechTeam@dla.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

e) SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1) FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(BULK)(TAILORED)(DLA ENERGY)(MAY 2019), paragraph (d) is revised as follows:

(d) Offer Entry Tool (OET). 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 “Price Reduction” 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. IPRs will be the last opportunity for offerors to revise shipping points, FOB terms, reference prices, sources of supply and modes of delivery.

Western Pacific Program Solicitation SPE602-19-R-0707

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; however, the data fields for shipping points, FOB terms, reference prices, sources of supply, and modes of delivery may not be revised. FPRs will be evaluated in the Bid Evaluation Model (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 “price reduction” rounds in

OET.

At the start of each “price reduction” 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 “price reduction” 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 “price reduction” round.

During an “price reduction” 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 “price reduction” 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.

f) SECTION I – Contract Clauses

1) The following clauses have been removed from the solicitation:

• DFARS 252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY

CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW (DEVIATION 2012-

O0007) (MAR 2012)

• DFARS 252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL

LAW (DEVIATION 2012-O0004) (JAN 2012)

g) SECTION M – EVALUATION FACTORS FOR AWARD

1) For evaluation purposes per M24.05.100 EVALUATION OF OFFERS INVOLVING F.O.B.

ORIGIN TANKER LOADING (WESTPAC) (DLA ENERGY MAY 2019), Tanker rate is $52,480.75.

2) For evaluation purposes per M2.08.100 EVALUATION OF OFFERS INVOLVING F.O.B.

BARGE/SHALLOW DRAFT TANKER LOADING (ALL PRODUCTS SOLICITED FOR

WESTPAC)(DLA ENERGY MAY 2019), Shallow Draft Tanker rate is $37,820.31.

Western Pacific Program Solicitation SPE602-19-R-0707