Amendment 0007.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

4. REQUISITION/PURCHASE REQ. NO. 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

SPE60220R0716

X

2020 SEP 01

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, 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

12/02/2020

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.

Bulk Lubricants Program Amendment 0007

SPE602-20-R-0716

1. Amendment 0007 is being issued to provide an updated version of contract provision B19.33-1.100

ECONOMIC PRICE ADJUSTMENT – PUBLISHED MARKET PRICE (DOMESTIC BULK LUBES)

(DLA ENERGY JUL 2020). This contract text is being revised to add an additional escalator for product Lubricating Oil, Catapult Launch Engine (CLB) and also correct the date as (JUL 2020) was listed in error. Therefore B19.33-1.100 ECONOMIC PRICE ADJUSTMENT -- PUBLISHED MARKET PRICE (DOMESTIC BULK LUBES) (DLA ENERGY JUL 2020) is hereby deleted and replaced with B19.33-

1.100 ECONOMIC PRICE ADJUSTMENT -- PUBLISHED MARKET PRICE (DOMESTIC BULK

LUBES) (DLA ENERGY AUG 2020) as follows:

B19.33-1.100 ECONOMIC PRICE ADJUSTMENT -- PUBLISHED

MARKET PRICE (DOMESTIC BULK LUBES) (DLA ENERGY AUG

2020)

(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:

Publication Escalator Base Reference Price (06/30/2020)

Independent Chemical Intelligence Service (ICIS)

Group 1 Posted Prices – FOB 600/650 $3.495000

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 1 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 new price change

(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 the 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).

for the following week, and the adjusted unit price will be based on the most recent calculated average of the Group 1 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

Service (ICIS)

Group I Market Price (SN) 600/650 FOB

USGC

$1.985000

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 new 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: +0.026708.

Service (ICIS)

Group 1 Posted Prices – FOB Brightstock

$4.650000

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 1 Posted Prices

– FOB for Brightstock 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 new price change for the following week, and the adjusted unit price will be based on the most recent calculated average of the Group 1 Posted Prices – FOB for Brightstock. 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. This escalator can only be applied to product Lubricating Oil, Catapult Launch Engine (CLB)

(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 350 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 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.

2. The newly added escalator for Group 1 Posted Prices – FOB Brightstock can only be applied to product Lubricating Oil, Catapult Launch Engine (CLB) for solicitation lines items 0022 DFSP Sewells Point and 0021 NAS North Island.

3. The following terms must be adhered to if an offeror selects to use the Group 1 Posted Prices – FOB Brightstock for CLB products:

1. Offeror accepts to use the Independent Chemical Intelligence Service (ICIS) - Group 1 Posted Prices - Brightstock

2. The weekly price will derive from the average of the four (4) suppliers (ExxonMobil, Holly Frontier, Paulsboro Refining Co, and Calumet).

3. If awarded, vendor must, provide a copy of the delivery order to the Contracting Officer and Contracting Specialist upon receipt. This must occur for every delivery order issued until the expiration of the contract resulted from solicitation SPE602-20-R-0176.

4. All other terms and conditions for solicitation SPE602-20-R-0716 remain unchanged.