SPE602-20-R-0705_Amend 0001.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

SPE60220R0705

X

2020 FEB 14

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, 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.

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

02/27/2020

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.

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SPE60220R0705 - 0001

The purpose of Amendment 0001 is to answer requests for information received from potential offerors, advise Offeror's of the end date for solicitation questions prior to submission of offers; advise offeror’s of solicitation language change under 52.212-02 EVALUATION – COMMERCIAL ITEMS (OCT2014) FAR, (REVIEW OF INITIAL & FINAL PROPOSALS); and incorporate an additional clause to solicitation SPE602-20-R-0705 (See Attachment 1).

1. The following are requests for information and answers that have been received:

I. Question: Do you intend for the offeror to submit a Technical Capability Volume?

Answer: Yes, the technical proposal and the stated evaluation criteria are the sole basis on which the Government will evaluate the technical merits of what is offered, how the offeror’s claims of performance capacity are supported, and the ability of the offeror to perform in accordance with the requirements of the Performance Work Statement.

II. Question: If we are required to submit a Technical Capability Volume, where should it reside in the three main sections of the proposal ( (A) The Offer, (B) Past Performance Submission, and (C) Socioeconomic Plan Submission)?

Answer: The technical capability can reside in (A) with the offer.

III. Question: Are there nine subfactors, or five subfactors for the Technical Capabilities Volume?

Answer: There are five subfactors for the technical capabilities in accordance to the solicitation SPE602-20-R-0705.

IV. Question: Is there a page count limit if we are required to submit a Technical Capabilities Volume?

Answer: Recommend a 36 page limit due to Microsoft outlook system constraints.

V. Question: What is the correct number of containers or containers with chassis?

Answer: The correct numbers of containers with chassis is 30. Please review the description section of the Performance Work Statement (PWS).

VI. Question: If we are required to have storage for 30, is that per storage point, or 30 combined between the two storage points?

Answer: 30 combined between the two storage points will be required. For example, 15 ISO containers can be stored in Seattle, WA region and 15 in the LA, California region for a combined total of 30 ISO containers in accordance to the Performance Work Statement (PWS).

VII. Question: On the offer (OSP SPE602-20-R-0705…) CLIN 0005 estimated quantity/unit is 2955. Can you expound on this a bit?

Answer: The estimated quantity of 2,955 for CLIN 0005 is an estimate of how many transactions the Government has forecasted for the storage of containers. However, it does not mean the Government will perform 2,955 transactions.

VIII. Question: What would the MISC Fee be?

Answer: Misc Fee can be for any gate interchange costs affiliated for the storage of ISO containers and chassis if necessary.

IX. Question: Is there an expectation to store 2,955 ISOs per year in the Seattle Area?

Answer: No, the expectation is to store up to 30 Department of Defense (DoD)-Leased Bulk Fuel Containers with Chassis in the Seattle and LA regions. Please refer to (1. Description of Required Services) in the Performance Work Statement (PWS) for further detail.

X. Question: Is there a requirement to always use owner assets to deliver ISOs or could we utilize our partner network if needed?

Answer: It is the contractors responsibility to furnish all supplies, materials, equipment, and personnel necessary to perform the services contract under the award of this contract. Please refer to section (2.1 Contractor Responsibilities) in the Performance Work Statement (PWS) for further detail.

XI. Question: Can this be combined with the Small Business Subcontracting Plan 52.219-9 as required on page 25 under 52.212-05 CONTRACTING TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (AUG

2019) FAR?

Answer: Yes, it can be combined with the Small Business Subcontracting Plan. However, the offeror must provide a description as stated under Section L2.01-1, PROPOSAL PREPARATION INSTRUCTIONS AND PAST PERFORMANCE AND SOCIOECONOMIC PLAN SUBMISSIONS (DLA ENERGY 2016) paragraph (c).

2.The end date set for receipt of questions under Solicitation SPE602-20-R-0705 is Friday, February 28, 2020 1:00pm EST Ft. Belvoir, VA time. Offeror's will have an opportunity to enter into discussions and address any further questions during negotiations.

3. Language change under 52.212-02 EVALUATION – COMMERCIAL ITEMS (OCT2014) FAR, (REVIEW OF INITIAL & FINAL PROPOSALS) is revised to read as follows:

REVIEW OF INITIAL & FINAL PROPOSALS

Within this factor, there are five (5) sub-factors. All five (5) sub-factors are equal in importance to each other.

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SPE60220R0705 - 0001

The ratings are established in accordance with Clause FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014) and DLA Energy Contract text M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA Energy APR 1997). Each technical evaluation subfactor will be rated Acceptable or Unacceptable. One Unacceptable rating will result in the overall rating being Unacceptable. Ratings are established in accordance with FAR 52.212-2 Evaluation -- Commercial Items. Questions and/ or comments will be addressed during negotiations. Offeror must provide additional details for all areas marked Unacceptable in their Final Proposal Revision.

4. The following clause is hereby incorporated by reference under Section I - CONTRACT CLAUSES, of the solicitation:

DFAR 252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020-O0005) is hereby incorporated under SECTION I – CONTRACT CLAUSES.

5. All other terms and conditions remain unchanged.

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SPE60220R0705 - 0001

SECTION J - LIST OF ATTACHMENTS

List of Attachments

File Name Description ATTACH_Attachment_1 TAB 9 SOLICITATION &

AMENDMEN

Attachment 1

Class Deviation 2020-O0005 Prohibition on Contracting with Persons that have Business Operations with the Maduro Regime

252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020-O0005)

Use the following provision in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, unless the solicitation is—

(a) Jointly determined by the Secretary of Defense and the Secretary of State to be—

(1) Necessary for purposes of—

(i) Providing humanitarian assistance to the people of Venezuela;

(ii) Disaster relief and other urgent lifesaving measures; or

(iii) Carrying out noncombatant evacuations; or

(2) Vital to the national security interests of the United States; or

(b) Related to the operation and maintenance of the United States Government’s consular offices and diplomatic posts in Venezuela.

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;

Attachment

Class Deviation 2020-O0005 Prohibition on Contracting with Persons that have Business Operations with the Maduro Regime

(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 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)