SPE60222R0702_Amend_0010.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

SPE60222R0702

X

2022 JAN 07

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.

DLA Energy Bulk Petroleum Products Rocky Mountain/West Coast/Offshore Annual Bulk Petroleum Procurement

SPE602-22-R-0702

Amendment 0010

The changes set forth herein are incorporated into Solicitation SPE602-22-R-0702 and is amended as follows:

Section B

1. The following line items/locations are updated information to Section B - SUPPLIES OR SERVICES

AND PRICES OR COSTS:

a. CLIN T0029 – DFSP PT LOMA: The requirement quantity was reduced by 1,320,000 USG from 19,495,000 USG to 18,175,000 USG.

b. CLIN 0005 - NAS NORTH ISLAND: The requirement quantity was reduced by 1,320,000 USG from 13,609,000 USG to 12,289,000 USG.

Section M

2. The following clause has been updated and incorporated into the solicitation:

52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

FACTOR 1: TECHNICAL ACCEPTABILITY

(The following subfactors will be used in determining technical acceptability):

(1) Supplies or services and prices/cost, Section B:

(i) Offer meets all schedule requirements in Section B

(ii) Offered line items meet the delivery requirements of the schedule for additives required

(iii) Offered line items meet the delivery requirements of the schedule for mode and FOB point

(iv) Offer line item meets the required minimum and maximum quantity of the schedule

(2) Description/specifications/statement of work, Section C:

(i) Offer meets all specification requirements outlined in Section C provisions

RMW SPE602-22-R-0702

(ii) For F76 offers, offer includes a completed and signed Traceability form for F76 fuel offers IAW Provision C16.23 FUEL, NAVAL DISTILLATE (DLA ENERGY April 2020).

(3) Inspection and Acceptance, Section E:

(i) Offer meets all inspection requirements outlined in Section E Provisions.

(ii) 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 QCP, applicable to a DLA Energy bulk petroleum contract, 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, estimated two pages in length, of an example QCP describing the offeror’s current inspection system and quality assurance procedures, with references to the corresponding requirements in provisions E1, and making the corresponding selection in Section J of its OSP.

(4) Deliveries or performance, Section F:

(i) Offer meets all requirements outlined in Section F provisions

(ii) Offer includes completed information under Sources of Supply (monthly product capacity for each source of supply and shipping points supplied by each refinery/source of supply) for all products and shipping points.

(iii) Offer includes completed information under Parcel Shipping Sizes and Daily Capacity for all products, modes and shipping points offered

(iv) Offer includes completed information under Tanker and Barge Loading Facility Data (if offering via Origin Barge/Tanker mode), including but not limited to map coordinates for shipping points in the proper format as specified in the Solicitation Notes, item 2, and the Map Coordinate Desk Guide, attached to the solicitation

(v) Offer includes completed information under Port Restrictions (if offering via

Origin Barge/Tanker mode)

Subfactors 1-4 will be rated either “Acceptable” or “Unacceptable”. These ratings are defined as follows: ·

ACCEPTABLE: The offeror’s proposal conforms to the Government’s supply and schedule requirements in Section B, product specifications in Section C, product quality assurance in Section E, and delivery/transportation requirements in Section F.

UNACCEPTABLE: The offeror’s proposal does not conform to any one or more of the following requirements: the Government’s supply and schedule requirements in Section B, product specifications in Section C, product quality assurance in Section E, and delivery/transportation requirements in Section F.

Proposals may be comprised of individual, independent offers, differentiated by product grade, shipping mode and/or FOB point. An individual offer within a proposal may be rated “Unacceptable”, while remaining offers within the same proposal may be rated “Acceptable”. A rating will be made for each individual offer within each proposal.

Each individual offer within a proposal must receive an “Acceptable” rating for every subfactor in order to be rated technically acceptable. If an individual offer within a proposal receives a rating of “Unacceptable” for one subfactor, it will be rated technically unacceptable. Therefore, some individual offers within a proposal may be considered technically acceptable while other individual offers within the same proposal may be considered technically unacceptable.

An offer that includes an exception to any solicitation requirement in Section B, C, E, or F will be rated technically unacceptable under the appropriate technical evaluation subfactor unless the exception is explicitly accepted by the Government in writing during negotiations, or the offer is subsequently revised to remove the exception. Any exception/deviation to the solicitation that is not in Section M of the OSP or in an attachment compliant with subsection (f) of M72.10 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (BULK) (DLA ENERGY SEP 2020) will not be considered and will be rejected, regardless of whether the exception/deviation is explicitly labeled as an exception or a deviation. Offerors shall provide written details during negotiations to address any and all technical issues and/or exceptions that the Government has identified as “Unacceptable” prior to the submission of Final Proposal Revisions (FPRs). FPRs are the final opportunity to revise proposals to address any technical acceptability issues. If a FPR includes an unresolved technical issue or an exception that is not acceptable to the Government, the offer will be found technically unacceptable and ineligible for award.

The Contract and Cost/Price Team is responsible for addressing “Unacceptable” ratings, questions, clarifications, and/or comments posed by Technical Team members and relative to each offeror's proposal during negotiations. Offerors must provide additional written details to address all areas rated “Unacceptable” prior to the receipt of Final Proposal Revisions, which the Government will review for acceptance.

FACTOR 2: PRICE

Fixed Price with Economic Price Adjustment (EPA) contracts will result from this solicitation. The Contracting Team will evaluate proposals for pricing purposes in accordance with FAR 52.212-2 – EVALUATION – COMMERCIAL ITEMS. Offerors are advised that DLA Energy intends to execute the extension provision of any subsequent contract only if there are remaining quantities left on the contract; no quantities will be added. The extension provision will only extend the ordering and delivery period of the contract. In addition, the extension provisions contained in contract provision I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) will be evaluated in conjunction with the evaluation of initial offers received.

The lowest price is defined as the lowest laid-down price, to include transportation costs as determined by the Bid Evaluation Model (BEM), which will provide the basis to make awards. The BEM is a computer evaluation model which analyzes numerous variables.

These variables include the offeror’s proposed prices, fuel types, minimum and maximum offer quantities, shipping locations, shipment method capabilities, customer receipt locations, and receipt mode capabilities. Transportation rates will be included for tanker, barge, pipeline, and tank truck transportation modes in accordance with M41.04

EVALUATION OF OFFERS INVOLVING OTHER THAN

F.O.B. TANKER (BULK) (DLA ENERGY JUL 2010) and M24 EVALUATION OF

OFFERS INVOLVING F.O.B. TANKER LOADING (ALL PROGRAMS) (DLA ENERGY

OCTOBER 2020). Government additive costs will be used to evaluate, where applicable, proposals of product that is not fully additized at the loading facility, but that instead is additized/injected enroute to a facility or customer location. The BEM will calculate the overall pattern of delivery of fuel from contractor facilities to specific customer locations that represents the lowest total combination of price for product, transportation and other costs.

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 “OET 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. However, for any standard OET round following submission of Interim Proposal Revisions (IPRs), offerors will not be able to add new shipping points, products, methods of delivery, sources of supply, FOB, escalators exception requests or new bid lines.

After the solicitation has been posted to the Sam.Gov 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 receipts 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 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, sources of supply, products, FOB, escalator exception requests, and modes of delivery. IPR submittal is also the last opportunity for offerors to request additional bid lines to propose tiered pricing. 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 offered price, method of delivery for each leg of the route, transportation and additive costs, any applicable evaluation factors, and the evaluated laid down 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.

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. FPRs will be evaluated in the BEM. If an offeror chooses not to revise its offer during the FPR standard round, then unless the offer is withdrawn, the offeror’s most recent OET submission for this acquisition (initial offer or IPR, as applicable) will 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 OET price reduction rounds.

At the start of each OET 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 down price for the quantity currently in line for award. The laid down 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 OET 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 but not limited to product type, shipping location, quantity, conditions, will be locked during an OET Price Reduction round. During an OET 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 OET 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.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

3. All other terms and conditions remain unchanged.