RMW SPE60220R0704 SF30 AMD 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

SPE60220R0704

X

2020 JAN 10

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).X

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 0002

SPE602-20-R-0704 Page 2

The changes set forth herein are incorporated into Solicitation SPE602-20-R-0704. A conformed copy of the solicitation has been attached for your convenience.

Solicitation Notes

The following note is hereby removed and RESERVED:

9. Quality Control Plan (QCP): All offerors who are offering F-76 need to provide a separate and distinct QCP Outline.

The following note is hereby added:

15. DLA Energy requests that when submitting an offer in the OET, an offeror select only one mode of transportation per sequence bid line. This includes an offeror submitting multiple transportation modes from the same shipping point or an offeror submitting multiple transportation modes with the same maximum or minimum quantity (USG), each transportation mode should be indicated on its own separate and distinct sequence bid line.

Section B

On Page 7 of the solicitation, F76 Requirement, escalator ID has changed from PLWCJET to PLWCULSD for Kodiak CG Spt Ctr quantity

2,200,000 USG for item 0004.

For item T0013 DFSP Puget Sound, product JAA. Barge mode transportation additives are hereby added for SDA and CI. The additives requirement has been changed as follows: FSII – No, SDA – Yes, CI – Yes.

For item T0022 DFSP Pearl Harbor, product JAA. The delivery address B1757 Neosho Ave JBPHH HI 96860 is hereby removed and replaced with delivery address DFSP Pearl Harbor Pearl Harbor HI 96860.

For item 0077 DFSP Pearl Harbor, product JAA. The delivery address 205 Engine Test Road Pearl Harbor HI 96860-4549 is hereby removed and replaced with delivery address DFSP Pearl Harbor Pearl Harbor HI 96860.

For item T0028 DFSP Pearl Harbor, product JP5. The delivery address B1757 Neosho Ave JBPHH HI 96860 is hereby removed and replaced with delivery address DFSP Pearl Harbor Pearl Harbor HI 96860.

For item 0104 DFSP Pearl Harbor, product JP5. The delivery address 205 Engine Test Road Pearl Harbor HI 96860-4549 is hereby removed and replaced with delivery address DFSP Pearl Harbor Pearl Harbor HI 96860.

For item 0002 DFSP Pearl Harbor, product F76. The delivery address B1757 Neosho Ave JBPHH HI 96860 is hereby removed and replaced with delivery address DFSP Pearl Harbor Pearl Harbor HI 96860.

B19.33 ECONOMIC PRICE ADJUSTMENT – PUBLISHED MARKET PRICE – DLA ENERGY DOMESTIC BULK (DLA ENERGY DEC 2019)

(g) Table:

2: Note 2: The word positive is hereby removed and replaced with the word negative. The sentence has been changed as follows: Offers based on this escalator will be subject to a negative adjustment factor of -0.035005.

3: Note 2: The word positive is hereby removed and replaced with the word negative. The sentence has been changed as follows: Offers based on this escalator will be subject to a negative adjustment factor of -0.016584.

SPE602-20-R-0704 Page 3

5: Note 2: The word positive is hereby removed and replaced with the word negative. The sentence has been changed as follows: Offers based on this escalator will be subject to a negative adjustment factor of -0.039659.

RMW 20R0704 WEST COAST AREA: Alaska, Arizona, California, Hawaii, Nevada, Oregon, and Washington. The year 2018 is hereby removed and replaced with the year 2019. Heading has been changed as follows: Base Market Price at December, 10, 2019.

8: Note 2: The word positive is hereby removed and replaced with the word negative. The sentence has been changed as follows: Offers based on this escalator will be subject to a negative adjustment factor of -0.028880. Note 3: This note is hereby removed.

10: Note: The word positive is hereby removed and replaced with the word negative. The sentence has been changed as follows: Offers based on this escalator will be subject to a negative adjustment factor of -0.016559.

11: Note: The word positive is hereby removed and replaced with the word negative. The sentence has been changed as follows: Offers based on this escalator will be subject to a negative adjustment factor of -0.002286. Note 3: This note is hereby removed.

13: The adjustment factor of +0.016853 is now bolded to reflect +0.016853.

14: Note: The word positive is hereby removed and replaced with the word negative. The sentence has been changed as follows: Offers based on the ULSD USGC PIPELINE market price indicator will be subject to a negative adjustment factor of -0.108523.

15: Note: The word positive is hereby removed and replaced with the word negative. The sentence has been changed as follows: Offers based on the Platts Jet Kero 54 PL Daily will be subject to a negative adjustment factor of -0.011905.

19: Note: The word positive is hereby removed and replaced with the word negative. The sentence has been changed as follows: Offers based on this escalator will be subject to a negative adjustment factor of -0.120260.

Section C – Description/Specifications/Statement of Work

QAP C16.08-1 TURBINE FUEL, AVIATION (JET A) (DLA ENERGY MAY 2018) is hereby removed and replaced with C16.08-1 TURBINE

FUEL, AVIATION (JET A) (DLA ENERGY MARCH 2020)

Section G – Contract Administration Data

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) is hereby removed and replaced with the following:

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 Work Flow (WAWF).

SPE602-20-R-0704 Page 4

“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 is the method to electronically process vendor payment requests and receiving reports, as authorized by 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/

SPE602-20-R-0704 Page 5

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

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):

Receiving Report or Invoice and Receiving Report (Combo)

(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 TBD Issue By DoDAAC TBD Admin DoDAAC TBD Inspect By DoDAAC TBD Ship To Code TBD Ship From Code TBD Mark For Code TBD Service Approver (DoDAAC) TBD 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.

SPE602-20-R-0704 Page 6

(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) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

Section I Contract Clauses

DFARS 252.225-7974 Representation Regarding Business Operations with the Maduro Regime.

(Deviation 2020-O0005) (FEB 2020) is hereby added as the following:

REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (DEVIATION

2020-O0005) (FEB 2020)

(a) Definitions. As used in this provision—

“Agency or instrumentality of the government of Venezuela” means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to “a foreign state” deemed to be a reference to “Venezuela.”

“Business operations” means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

“Government of Venezuela” means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela.

“Person” means—

(1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;

(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C.

262r(c)(3)); and

(3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or (2) of this definition.

(b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the mailto:DESC-BTechTeam@dla.mil

SPE602-20-R-0704 Page 7 procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(c) Representation. By submission of its offer, the Offeror represents that the Offeror—

(1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or

(2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(End of provision)

The contract text I86.12 Delivery Order Limitations - Scope of Contract (Bulk)(DLA Energy Nov 2011) is hereby removed and replaced with the following:

I86.12.100 DELIVERY-ORDER LIMITATIONS - SCOPE OF CONTRACT (BULK) (DLA ENERGY

FEB 2020)

(a) The Government agrees to purchase, during the period of this contract and in accordance with the terms of this contract, at least a quantity (or quantities) of product that, under the contract terms, will be not less than 75 percent of the total estimated contract volume. Total estimated contract volume shall take into account all modifications to the contract. The Government may satisfy this obligation by purchasing against any or all of the contract line items.

(b) Except as authorized by paragraphs (c) through (e) below, the maximum quantity the Government is allowed to purchase and the Contractor is authorized to furnish will not exceed the total quantity of each grade of fuel specified in Schedule B of the contract.

(c) If, under a single solicitation, contract line items are not all awarded at the same time, then, for purposes of this contract text, the above mentioned total estimated contract volume shall be that of the contract after award has been made of all items and modifications to the contract have been issued.

(d) Notwithstanding the wording of the INDEFINITE QUANTITY contract text--

(1) On the final order placed for each product from each refinery source calling for delivery into or by means of tanker or barge, the Government shall be entitled to order, and if ordered, the Contractor shall be required to furnish the ordered quantity, which may be over what the Government would otherwise be entitled to order and is considered sufficient to fill out the vessel. On the final order placed by means of pipeline, the Government shall be entitled to order, and if ordered, the Contractor shall be required to furnish quantity sufficient to fulfill the maximum parcel size set by the applicable carrier or International agreement. However, in no event shall this additional quantity for

SPE602-20-R-0704 Page 8 tanker, barge or pipeline exceed their respective monthly quantities as defined in the contract unless agreed upon by the Contractor.

(2) The Contractor may, at its option, make deliveries subsequent to 30 days after the expiration of the ordering period, if requested by the Government.

(e) The scope of this contract does not include--

(1) Alteration to the specification that would require significant reconfigurement of refinery design, or significant modification of current and planned refinery operations;

(2) Alteration in method of shipment that would result in significant disruption of current and planned refinery operations; and

(3) Alteration of the place of delivery, under f.o.b. origin contracts, that would require delivery from a refinery other than the one(s) specified in the Contractor's offer.

The contract text I190.04 Safety Data Sheets – Commercial Items (Bulk) (DLA Energy July 2016), is hereby removed.

Section J - List of Attachments

Attachment 1 - C & E QAPS is hereby removed and replaced with Attachment 1 - Version 2_C & E QAPS.

Section M – Evaluation Factors for Award

FAR 52.212-2 Evaluation—Commercial Items (Oct 2014) under Section A, Factor 2: Price, paragraph number 5 is hereby revised and replaced as follows:

DLA Energy will request offeror submission of Interim Proposal Revisions (IPRs) before the conclusion of negotiations. The solicitation will have a Two-Part Close of Negotiations. Part 1-Close of Negotiations will occur at IPR and will be an offeror’s last chance to finalize shipping points, products, FOB, base market price exception requests, and modes of delivery (i.e., shipping points, products, and modes of delivery cannot later be changed when submitting a FPR). IPRs will be submitted through the OET and considered a standard round.

FAR 52.212-2 Evaluation—Commercial Items (Oct 2014) under Section A, Factor 1: Technical Capability, Subfactor 3(iii), the text "For F76 offers, offer includes a separate and distinct QCP." is removed from the solicitation.