SPE60223R0708 Amendment 0002.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

SPE60223R0708

X

2023 JUN 08

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.

The changes set forth herein are incorporated into Solicitation SPE602-23-R-0708. The solicitation is amended as follows:

A. Section B – The Location name has been changed in Section B – Supplies or Services and Prices or Costs for Item #0024 from Ft. Rucker/Novosel to Fort Novosel and Item #216 is changed from MTC Fort Pickett/Barfoot to Fort Barfoot.

B. Section I – FAR Clause 52.204-27 – Prohibition on a ByteDance Covered Application (JUN 2023) is incorporated into Section I – Contract Clauses of the solicitation as follows:

FAR Clause FAR 52.204-27 – Prohibition on a ByteDance Covered Application (JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

C. Section J – The following attachments have been added to Section J – List of Attachments:

Attachment 11 – FY24 IEGC Preproposal Questions and Answers Attachment 12 – FY24 IEGC Preproposal Slides Attachment 13 – OET_OSP Crosswalk_2023 Attachment 14 – How to submit an offer_2023

D. Section M – Clause M24 EVALUATION OF OFFERS INVOLVING F.O.B. TANKER

LOADING (ALL PROGRAMS)(DLA ENERGY October 2020) is being deleted in its entirety and replaced by the following:

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

PROGRAMS) (DLA ENERGY OCT 2020)

(a) Transportation will be considered in the evaluation of all origin offers unless the solicitation specifically indicates otherwise in the Schedule. The transportation rate will be based on a nominal size U.S. flag tanker of approximately 48,633 Metric Tons Deadweight Tons (DWTs). The transportation rate will be an estimated market rate based on either market information or published prices, or actual rates paid by the Government or any combination thereof. This evaluation rate will be expressed as a daily rate for U.S. flag costs. DLA Energy will use the evaluation rate along with one way mileage over the tanker routes being evaluated to compute a transportation rate expressed in U.S. cents per gallon. This rate will then be added to the per gallon offered price to determine the evaluated price.

(1) For this solicitation, the rate to be used in the evaluation is $69,500.00 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.

(b) F.O.B. Tanker Origin offers of two product loads will be evaluated individually as one product loads.

(c) Transportation freight rates will be applied to all offers in the evaluation process as follows:

(1) The following procedures will be followed in applying transportation freight rates to offers in the evaluation process:

(i) ____235,000 barrels of product will be considered sufficient to fully utilize vessels 48,633 Metric Tons DWTs and over.

(ii) In the event an offeror limits its offer to individual tanker lifting of less than_235,000____ barrels, the offer will be evaluated on the basis of:

a) a single-port load plus shifting charges if it is determined that the same product will be available in the same port area,

b) the least expensive two-port loading rate if it is determined that the same products will not be available in the same port area but will be available in another port area in the same geographical area under this solicitation, or

c) total vessel freight rate prorated over the maximum parcel size offered if there are no other products offered for tanker loading in the same geographical area. The additional costs represented by the shifting charge or the two-port loading will be assessed for evaluation purposes against such offer on a prorated basis per gallon on the quantity indicated by the offeror as the maximum lifting.

(2) Upon completion of the initial evaluation, if any portion of the product(s) utilized to fill the vessel fails to evaluate as the lowest laid down cost, the product(s) will be eliminated and new transportation freight rates applied based on the successful portion of the product(s).

(d) EXCEPTIONS:

(1) Due to draft limitations or delivery restrictions, the following destinations cannot receive fully loaded vessels larger than 48,633 DWTs. Offers for these destinations will be evaluated on a two-port discharge or restricted parcel size:

JAA F76 JP5

DFSP TAMPA

MAX LOAD QTY:

225,000 BBLS

KEY WEST PIPELINE

MAX LOAD QTY:

140,000 BBLS

(2) The following destinations can receive fully loaded vessels larger than __48,633_____ DWTs:

(End of clause)

E. A conformed copy of the RFP will be posted to Sam.gov.

F. All other terms and conditions remained unchanged.

(End of modification)

JAA JP8 F76 JP5

DFSP CHARLESTON

MAX LOAD QTY:

280,000 BBLS

DFSP JACKSONVILLE

MAX LOAD QTY:

255,000 BBLS

DFSP JACKSONVILLE

MAX LOAD QTY:

265,000 BBLS

PORT EVERGLADES

MAX LOAD QTY:

275,000 BBLS

GUANTANAMO BAY

MAX LOAD QTY:

240,000 BBLS

GUANTANAMO BAY

MAX LOAD QTY:

250,000 BBLS

CRANEY ISLAND

MAX LOAD QTY:

295,000 BBLS

DFSP CRANEY

MAX LOAD QTY:

270,000 BBLS

CRANEY ISLAND

MAX LOAD QTY:

280,000 BBLS

DFSP HOUSTON

MAX LOAD QTY:

268,000 BBLS

DFSP HOUSTON

MAX LOAD QTY:

270,000 BBLS

DFSP RODMAN

MAX LOAD QTY:

275,000 BBLS