Amendment 1 - SPE60222R0705.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

SPE60222R0705

X

2022 JAN 28

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 X 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

Opening/Closing Date Changed to:

2022 JAN 28 / 2022 FEB 07

TIME 1:00 PM

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 F76/JAA Supplemental Procurement

SPE602-22-R-0705

Amendment 0001

The changes set forth herein are incorporated into Solicitation SPE602-22-R-0705. All updates are highlighted in yellow of the conformed copy of the solicitation that is attached for your convenience. Solicitation SPE602-22-R-0705 is amended as follows:

SF1449

1. The offer due date on the Standard Form 1449 block 8 is hereby extended:

From: 02/04/2022 3:00 PM local Fort Belvoir, VA, Time

To: 02/07/2022 1:00 PM local Fort Belvoir, VA, Time

Solicitation Notes

2. Under #4, Supply Commitment Letters, hereby updates provision from L207 EVIDENCE OF RESPONSIBILITY (DLA ENERGY- BULK) (JULY 2019) to as follows:

SUPPLY COMMITMENT LETTERS: Dealers (non-manufacturers) must upload in OET a firm supply commitment letter in accordance with the specific requirements listed in L2.07 EVIDENCE OF RESPONSIBILITY (DLA ENERGY JULY 2019). If an adequate supply commitment letter is not received by Final Proposals, the contracting officer may not be able to obtain sufficient information to make an affirmative responsibility determination.

3. Under #9c, provision L704 is removed and hereby updated as follows:

c. All supply commitment letter(s) (if applicable) must be uploaded in OET IAW L2.07.

Section B – Schedule

4. Contract Line-Item Number (CLIN) 0001, Kinder Morgan Miramar Station, period of performance is hereby changed as follows:

From: June 1, 2022 – July 31, 2022

To: March 16, 2022 – May 31, 2022

RMW SPE602-22-R-0705

Amendment 0001

Section F

5. Provision F1.08 DELIVERY AND CONTRACT PERIODS FOR PIPELINE AND

TANK CAR DELIVERIES (DOMESTIC BULK)(DLA ENERGY JAN 2018)

section (b) is hereby deleted and replaced in its entirety as follows:

(b) Notwithstanding (a) above, except at its option, the Contractor shall not be required to make delivery hereunder prior to February 15, 2022 for JAA Pipeline (PL) purchase at Pearl Harbor and March 16, 2022 for the F76 PL purchase at KM Miramar Station.

Section L

6. Addenda to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS (NOV 2021) is hereby deleted and replaced in its entirety as follows:

(a) North American Industry Classification System (NAICS) code and small business size standard. In addition to the above, for NAICS code 324110 – To qualify as small for purposes of Government procurement, the petroleum refiner, including its affiliates, must be a concern that has either no more than 1,500 employees or no more than 200,000 barrels per calendar day total Operable Atmospheric Crude Oil Distillation capacity. Capacity includes all domestic and foreign affiliates, all owned or leased facilities, and all facilities under a processing agreement or an arrangement such as an exchange agreement or a throughput. To qualify under the capacity size standard, the firm, together with its affiliates, must be primarily engaged in refining crude petroleum into refined petroleum products. A firm’s “primary industry” is determined in accordance with 13 CFR § 121.107.

(b) Submission of offers. The following is hereby added:

(12) All price, quantity, delivery, and transportation terms as specified in the Offer Entry Tool and Offeror Submission Package.

(c) Period of Acceptance. Period of Acceptance shall be changed to 90 days.

(g) Contract award. The following is hereby added: The Government may evaluate offers and award a contract after conducting discussions with offerors whose offers have been determined to be within the competitive range. If the Contracting Officer determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of offers in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint.

7. Provision L704 and L2.09 is hereby deleted in its entirety.

8. Provision L2.07 EVIDENCE OF RESPONSIBILITY (DLA ENERGY JULY 2019) is hereby added in full text as follows:

(a) Any offeror not performing a significant portion of the contract with its own facilities and personnel may be determined by the Contracting Officer to be nonresponsible.

(b) If the offeror's source of supply is a firm or refinery independent of the offeror, the offeror may be required to submit evidence of a supply commitment from such source(s) when submitting its offer under this solicitation. Evidence of supply commitments should extend to the subcontracting level at which the product is produced.

(c) Such evidence may be in the form of a signed copy of the contract between the offeror and its supplier or in the form of a contingency letter from the supplier or other satisfactory documentation. In any event, such evidence of agreement should clearly identify--

(1) The volumes to be supplied;

(2) The specification(s) of product(s) to be supplied;

(3) The points of delivery and period of contract performance;

(4) The escalation provision(s) applicable to products to be supplied; and

(5) The supplier's delivery and inspection terms and conditions.

(d) If the offeror changes its source of supply, such change must be made no later than the time specified for the submission of Final Revised Proposals. A notice of a change in the offeror's source of supply should include the documentation set forth in (c) above.

(e) Failure to comply with the above wording may result in a determination of nonresponsibility by the Contracting Officer.

Section M

9. FAR 52.212-2 EVALUATION -- COMMERCIAL ITEMS (NOV 2021), under section Factor 2: Price, is hereby deleted and replaced in its entirety as follows:

Fixed Price with Economic Price Adjustment (EPA) contracts will result from this solicitation. The Contracting/Cost and Price 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 must be submitted through the Offer Entry Tool (OET). The “Standard” round will be used during the solicitation process. 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.

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.

If FPRs are requested by the Contracting Officer, they 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 will be evaluated as a final offer in the BEM for possible award. The Government reserves the right either to make awards based on Initial or FPR BEM evaluation.

(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.

10. All other terms and conditions remain unchanged.