SF30_SPE60223R0700_LIA_AMD 0004.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

SPE60223R0700

X

2022 OCT 12

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, 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 F76 Lubricity Improver Additive (CONUS)

SPE602-23-R-0700

Amendment 0004

The changes set forth herein are incorporated into Solicitation SPE602-23-R-0700 and is amended as follows:

OFFER SUBMISSION PACKAGE (OSP)

1. The following attachment has been incorporated into the solicitation

SPE60223R0700_LIA OSP_AMD 004

NOTES

2. Solicitation Note #13: Vendors that would like to include the Economic Price Adjustment escalator to their offer will need to fill in table C-PRICE ESCALATORS under the Offer Schedule section of the OSP by selecting Formula ID: TMP23456. Vendors have the choice to select the escalator in B19.03.100, to not select an escalator (please indicate in Section C), or to propose an alternate escalator in Section M of the OSP.

SECTION B

3. The following Economic Price Adjustment contract text is hereby incorporated into the solicitation:

B19.03.100 ECONOMIC PRICE ADJUSTMENT – ADJUSTING CONTRACT PRICE (F76 LUBRICITY

IMPROVER ADDITIVE (LIA) (CONUS) (DLA ENERGY NOV 2022)

(a) WARRANTIES. The Contractor warrants that the prices to be invoiced hereunder shall be computed in accordance with the conditions of this contract text.

(b) DEFINITIONS. As used throughout this contract text, the term--

(b) DEFINITIONS. As used throughout this contract text, the term—

(1) Award Price means the offered unit price per gallon that is

(i) determined fair and reasonable in accordance with FAR 15.404-1(b)(2),

(ii) most advantageous to the Government, and

(iii) awarded on a resultant contract.

(2) Adjusting Contract Price means the price per gallon to be paid for each order for the duration of this contract. For purposes of this contract, the Adjusting Contract Price is derived from the weekly Independent Chemical Intelligence Service (ICIS) Fatty Acids (US) Report published price for the C18 Tall Oil Fatty Acid (TOFA) 2-6% and the Producer Price Index (PPI) industry data for “All other basic organic chemical manufacturing – primary products, not seasonally adjusted,” (Chemical Manufacturing Primary Products) which is published by the Bureau of Labor Statistics (BLS).

The Adjusting Contract Price will be calculated using the following formula:

(ICIS C18 TOFA 2-6% Rosin Contract Price Range average * 0.92) + (88% of the Award Price) * (PPI Chemical Manufacturing Primary Products for the most recently published finalized month/PPI for August 2022).

Where on average, LIA is comprised of roughly 12% TOFA. 12% of a gallon of LIA equates to 0.92 lbs.

of TOFA. Since ICIS publishes C18 TOFA 2-6% in US CTS/lb., 12% of the LIA invoice price will fluctuate based on 92% of the simple average of the high and low of the ICIS C18 TOFA 2-6% Rosin Contract Price Range published in the ICIS Fatty Acids (US) Report every Wednesday.

The Adjusting Contract Price shall be updated on a weekly basis on Wednesday and be effective for deliveries made the Wednesday on which the ICIS Fatty Acids (US) Report is published through the

ADDITIVES RECOMPETE SPE602-23-R-0700

following Tuesday. In the event of a holiday or other event in which there is not a price published by ICIS on a given Wednesday, the 12% TOFA price component will remain unchanged until the next date for which there is a TOFA price published by ICIS.

The remaining 88% of the Adjusting Contract Price will fluctuate based on the PPI industry data for Chemical Manufacturing Primary Products, which is published by the BLS. 88% of the contractor’s Award Price will be adjusted to reflect the percent change between the finalized PPI value for August 2022 and the PPI for most recently published month of finalized PPI data from BLS. When initially published, BLS’s PPI values are preliminary and are subject to monthly revisions up to 4 months after the original publication. Therefore, the PPI value used to calculate the Adjusting Contract Price will be the 5th most recent month available from BLS. Example: On October 18, 2022, the most recent available finalized PPI value is from May 2022.

(3) Date of delivery is defined as the date product is received by the Government.

(c) ADJUSTMENTS.

(1) Subject to the conditions of this contract text, the price payable shall be the Adjusting Contract Price in effect on the Date of Delivery.

(2) CALCULATIONS.

(i) All calculations shall be rounded to four decimal places.

(ii) CONTRACT PAYMENT: Payments will be made based on the formula and methodology in paragraph (b)(2) above.

(3) MODIFICATIONS. Any resultant price changes to the Adjusting Contract Price shall be executed by the Contracting Officer through a monthly price adjustment modification, effective the first day of each month.

(4) 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.

(5) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any the Adjusting Contract Price pursuant to these economic price adjustment texts shall not exceed __935____ percent of the Award 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 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 Adjusting Contract Price exceeds 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.

(6) REVISION OF ADJUSTING CONTRACT PRICE. In the event --

(i) Any component of the formula used to calculate the Adjusting Contract Price is discontinued or its method of derivation is altered substantially; or

(ii) The Contracting Officer determines that the formula used to calculate the Adjusting Contract Price 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.

ADDITIVES RECOMPETE SPE602-23-R-0700

(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.

4. All other terms and conditions remain unchanged.