Amendment 0001.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

SPE60221R0706

X

2021 MAY 13

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

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.

SPE602-21-R-0706

AMENDMENT 0001

1. SECTION A – SOLICITATION/CONTRACT FORM. SOLICITATION NOTES are revised as shown below:

a. Note 4 DELIVERY MODE “BARGE”, subparagraph a. concerning throughput Item T0008 (DFSP

WEST PYONGTAEK) is hereby deleted. Subparagraph b. will be re-bulleted as subparagraph a.

b. Note 8 TANKER RATES is completed as follows:

8. TANKER RATES:

a. For evaluation purposes per M24 EVALUATION OF OFFERS INVOLVING F.O.B. ORIGIN TANKER LOADING (ALL PROGRAMS) (DLA ENERGY OCT 2020), daily Tanker rate is $46,703.59.

b. For evaluation purposes per M2.08 EVALUATION OF OFFERS INVOLVING F.O.B. BARGE OR

SHALLOW DRAFT TANKER LOADING (ALL PRODUCTS SOLICITED FOR WESTPAC) (DLA

ENERGY JUL 2020), daily Shallow Draft Tanker rate is $38,551.83.

c. Note 14. QATAR is hereby deleted and replaced with the following note:

14. QATAR: Offerors submitting JA1 bid lines with shipping points located in nations who are imposing any restrictions on shipping product to Qatar must provide documentation from the cognizant port authority or management verifying the ability to provide product for delivery to Qatar. If sufficient documentation is not submitted, the bid lines will not be evaluated to Qatar.

d. Note 21 OFFER SUBMISSION (OSP) ATTACHMENTS is added as follows:

21. OFFER SUBMISSION (OSP) ATTACHMENTS:

a. Once an offeror has submitted an attachment to its OSP in an OET round, the offeror is NOT required to resubmit the same attachment during subsequent OET rounds, UNLESS the attachment is being revised.

For technical evaluation, if the Government determines that any attachment to document attached to the offeror’s OSP is Acceptable, the offeror is not required to resubmit these same documents again in any subsequent revised offer(s) unless the offeror needs to submit revised information for further evaluation.

If the Government determines that any attachment document in an offeror’s OSP is Unacceptable, the offer will remain Unacceptable until the offeror submits a revised document for evaluation or formally withdraws the document from its offer, as instructed by the Government.

b. An offeror’s submission of an attachment in any subsequent revised offer(s) replaces, and constitutes the formal withdrawal of, the same or similar attachment in any previous offer(s), regardless of whether the earlier attachment was Acceptable or Unacceptable. Therefore, if an offeror’s original attachment is Acceptable, the later submission of an Unacceptable version of the attachment replaces and withdraws the Acceptable version, making the offer Unacceptable.

2. SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS. The following changes are made to the schedule of supplies to be furnished (changes shown in red font).

TURBINE FUEL,AVIATION,JA1,1.1H

a. Throughput point T0008 DFSP WEST PYONGTAEK (JA1) is effectively deleted by subtraction of 1,564,000 USG from 1,564,000 USG to zero. The three end items under DFSP WEST PYONGTAEK’s, DONGDUCHON, SEOUL AIRPORT K16, AND DFSP POHANG SOUTH GATE, will receive JA1 via throughput point T0005 DFSP ULSAN. Throughput Item T00005 DFSP ULSAN is thusly increased by 1,564,000 USG from 20,570,000 USG to 22,134,000 USG.

Item: T0008 Throughput SPLC: 999900258 DFSP WEST PYONGTAEK Quantity: 000,000,000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 000,000,000

NSN Delivery Identification State

9130-007535026 (JA1) WPYONGKOA - DFSP WEST PYONGTAEK

TURBINE FUEL,AVIATION

Region Throughput SPLC Requirement SPLC

WP 999900258 999900258

Delivery Address: 642 MANHO-RI, POSEUNG-EUP PYEONGTAEK-SI KR 451-821

Service Code Delivery DODAAC Ordering Office DODAAC

DLA SE8P0J

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:BARGE 100 40,000 O/D N N N

Item: T0005 Throughput SPLC: 942037347 DLA ENERGY DFSP ULSAN Quantity: 22,134,000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 22,134,000

NSN Delivery Identification State

9130-007535026 (JA1) ULSAN - DLA ENERGY DFSP ULSAN

TURBINE FUEL,AVIATION

Region Throughput SPLC Requirement SPLC

WP 942037347 942037347

Delivery Address: 110 GOSA DONG, NAM GU ULSAN-SI KR

Service Code Delivery DODAAC Ordering Office DODAAC

DLA SE8P08

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TANKER 100 235,000 O Y N Y

BULK:PIPE 100 235,000 D Y N Y

TURBINE FUEL,AVIATION,JA1,1.1H (Continued) Item: 0029 Quantity: 443,000.000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 443,000

Period of Performance: -

NSN Delivery Identification State

9130-007535026 (JA1) DONGDUCHON - DONGDUCHON

TURBINE FUEL,AVIATION

Region Throughput SPLC Requirement SPLC

WP 942037347 942029251

Delivery Address: CAMP CASEY BULK PT BLDG 1564 DONGDUCHE DONG 275 DONGDUCHEON SI GYEONGGI DO 96224

Service Code Delivery DODAAC Ordering Office DODAAC

DLA SE8A09

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TRUCK 100 O Y Y Y

Delivery Notes: MUST BE OFFERED THROUGH ULSAN – DLA ENERGY DFSP ULSAN.

Item: 0034 Quantity: 521,000.000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 521,000

Period of Performance: -

NSN Delivery Identification State

9130-007535026 (JA1) SEOULK16 – SEOUL AIR PORT K 16

TURBINE FUEL,AVIATION

Region Throughput SPLC Requirement SPLC

WP 942037347 942023240

Delivery Address: 18410 SINCHON DONG SEONGNAM SI GYEONGGI DO 13103

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY SE8A08

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK: TRUCK 100 O Y Y Y

Delivery Notes: MUST BE OFFERED THROUGH ULSAN – DLA ENERGY DFSP ULSAN.

Item: 0037 Quantity: 600,000.000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 600,000

Period of Performance: -

NSN Delivery Identification State

9130-007535026 (JA1) POHANG - DFSP POHANG SOUTH GATE

TURBINE FUEL,AVIATION

Region Throughput SPLC Requirement SPLC

WP 942037347 942001280

Delivery Address: 1636 JANGGI RO NAM GU POHANG GYEONGSANGBUK DO 99999

Service Code Delivery DODAAC Ordering Office DODAAC

DLA SE8P0D

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK: TRUCK 100 O Y Y Y

Delivery Notes: MUST BE OFFERED THROUGH ULSAN – DLA ENERGY DFSP ULSAN.

TURBINE FUEL,AVIATION,JP5,1.1C

b. Due to the deletion of Throughput Item T0008 DFSP WEST PYONGTAEK, higher numbered Throughput Items are renumbered as follows:

T0009 DFSP PDS OKINAWA (JP5) becomes T0008 DFSP PDS OKINAWA T0010 DFSP HAKOZAKI – YOKOSUKA (JP5) becomes T0009 DFSP HAKOZAKI – YOKOSUKA T0011 DFSP GUAM (JP5) becomes T0010 DFSP GUAM

c. Item 0022 DFSP SUBIC BAY will hereby receive JP5 via throughput point T0009 DFSP HAKOZAKI –

YOKOSUKA.

Item: 0022 Quantity: 2,000,000.000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 443,000

Period of Performance: -

NSN Delivery Identification State

002732379 (JP5) SUBICBAY - DFSP SUBIC BAY

TURBINE FUEL,AVIATION

Region Throughput SPLC Requirement SPLC

WP 940004270 999900117

Delivery Address: Bldg 1428 POL PIER COMPOUND ARGONAUT HWY OLONGAPO 200 ZAMBALES 99999

Service Code Delivery DODAAC Ordering Office DODAAC

DLA SE8P0H

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TANKER 100 O Y N Y

Delivery Notes: MUST BE OFFERED THROUGH DFSP HAKOZAKI-YOKOSUKA.

d. Throughput Item T0009 DFSP HAKOZAKI – YOKOSUKA (JP5) is increased by 2,000,000 USG (per above change to Item 0022 Subic Bay) and may hereby receive offers via BARGE mode in addition to

TANKER.

Item: T0009 Throughput SPLC: 940004270 DLA ENERGY Yokosuka DFSP HAKOZAKI Quantity: 6,000,000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 6,000,000

NSN Delivery Identification State

9130-002732379 (JP5) HAKOZAKI - YOKOSUKA DFSP HAKOZAKI

TURBINE FUEL,AVIATION

Region Throughput SPLC Requirement SPLC

WP 940004270 940004270

Delivery Address: DFSP HAKOZAKI MUBANCHI NAGAURA-CHO, YOKOSUKA-SH JP 237-0072

Service Code Delivery DODAAC Ordering Office DODAAC

NAVY SE8N07

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:BARGE 100 40,000 O Y N Y

BULK:TANKER 100 235,000 O Y N Y

3. SECTION I – CONTRACT CLAUSES. DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION FOR

DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015) is hereby deleted.

4. SECTION J - LIST OF ATTACHMENTS. Attachment 1. Fill-In Clauses is modified to replace the DEC 2019 version of 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION with the updated MAY 2021 version which appears below in full text. Please complete this new version even if you have previously completed the prior version in the Fill-Ins attachment. NOTE: The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”

5. SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES

The title of FAR 52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL ITEMS (JUN 2020) is corrected as it appears here.

6. SECTION M - EVALUATION FACTORS FOR AWARD.

a. FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (APR 2021) is modified at FACTOR 1:

TECHNICAL ACCEPTABILITY, SUBFACTOR 3. B. 2) to recommend rather than require that a submitted outline of a Quality Control Plan (QCP) not exceed 2 pages in length.

Subfactor 3. b. now appears as follows (change shown in red font):

b. Offeror demonstrates an understanding of the quality assurance requirements in Quality

Assurance Provisions (QAP) E1 and/or E1.21 of the solicitation by:

1) certifying that it has a Quality Control Plan (QCP) on file with DLA Energy that is no more than 24 months old by making this selection in Section J of its Offeror Submission Package (OSP); or

2) providing an outline, recommended not to exceed two pages in length, of a proposed QCP describing the offeror’s current inspection system and quality assurance procedures, with references to the corresponding requirements in provisions E1 and/or E1.21 and making the corresponding selection in Section J of its OSP.

b. The following solicitation text is deleted and replaced with the accompanying new text.

Delete text M3.01 EVALUATION OF OFFERS WHERE UNCOMMON ESCALATORS ARE USED (DLA ENERGY JAN 1998) and replace with the following text:

https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS-252.204-7016

M3.03 EVALUATION OF OFFERS WHERE ALTERNATE ESCALATORS ARE USED (BULK) (DLA

ENERGY JUN 2021)

(a) FOR EVALUATION PURPOSES ONLY, an evaluation factor will be applied to offer prices based on alternate escalators in order to account for the difference in volatility between alternate escalators and DLA Energy’s default escalator. Any escalators approved for use other than the default escalator are known as alternate escalators. Applying the evaluation factor to offer prices based on alternate escalators allows for evaluation of offers based on the relationship between the alternate escalator and the default escalator over a 12-month period. Offers based on the default escalator are not subject to an evaluation factor.

(b) The evaluation factor is calculated by finding the difference between each escalator’s price on the base reference date and that escalator's 12-month average. The difference between the alternate escalator's base reference price and its 12-month average is subtracted from the difference between the default escalator's base reference price and its 12-month average to calculate the evaluation factor for the alternate escalator. That value, which can be positive or negative, is the evaluation factor and is added to offer prices tied to the corresponding alternate escalator for purposes of determining the total laid down offer price for evaluation (see FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS).

(c) For the purposes of section (b) above, each escalator’s 12-month averages are calculated by averaging the respective reference prices (as per the ECONOMIC PRICE ADJUSTMENT contract text) for each day during the full 12 months prior to the Base Reference Price (BRP) date (e.g., if the BRP date is February 16, 2021, the prior 12-month period is February 2020 - January 2021).

Example Evaluation Factor Formula, pricing in US Dollars / US Gallons (USD/USG):

Default Escalator Alternate Escalator Base Reference Price $1.90 $1.85

12-month average $2.00 $1.93

Difference $-0.10 $-0.08

Evaluation factor $-0.02

(End of M3.03 text)

c. Solicitation text M24 EVALUATION OF OFFERS INVOLVING F.O.B. TANKER LOADING (ALL

PROGRAMS) (DLA ENERGY OCTOBER 2020) paragraph (a)(1) is updated with the tanker rate as follows:

(1) For this solicitation, the rate to be used in the evaluation is $46,703.59 per day. This rate reflects the lowest available freight rates and related accessorial and incidental charges that are reasonably anticipated to be in effect on or before the date of initial shipment. The contracting officer may update the rate to be used in the evaluation if, after the initial deadline for submission of offers, new rates or related charges become available that were not accounted for in the original evaluation rate provided above.

7. All other solicitation terms and conditions remain unchanged.

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”

(a) Definitions. “Covered defense telecommunications equipment or services,” “covered mission,” “critical technology,” and “substantial or essential component,” as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.

115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation, that it “does” provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS-252.204-7016 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS-252.204-7018 https://www.sam.gov/ https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS-252.204-7016

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

(End of Amendment 0001)