Att 12 FAR Part 12 Addenda.pdf

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES

ADDENDA TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL ITEMS

PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(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) Offers must be submitted using the Bulk Offer Entry Tool (OET). Use of the OET is mandatory for this solicitation so offers can be imported directly into the Bulk Bid Evaluation Model (BEM) for the evaluation of Factor 2: Price. Any documents not submitted in the OET cannot be rated as part of the vendor’s offer submission package (OSP).

(i) The OET has three Standard rounds: Initial, Interim Proposal Revision (IPR), and Final Proposal Revision. An optional “OET Price Reduction” round may be conducted at the Contracting Officer’s discretion. After the solicitation has been posted to the Sam.Gov website, it will be posted to the OET as the Initial standard round. Offerors must participate in the Initial standard round and be in the competitive range to be eligible to participate in any subsequent rounds.

a. Initial round: offerors can edit all data fields in its OSP by adding shipping locations, origin and destination bid lines, quantities, prices, and offer conditions.

b. IPR round: offerors may change most data fields in its offer, including adding and removing shipping locations, adding or removing origin and destination bid lines, quantities, prices, and offer conditions. The IPR is the last round offerors are allowed to add new shipping points, products, modes of delivery, sources of supply, FOB terms, exception requests, or new bid lines. Interim OET round submittal is also the last opportunity for offerors to request additional bid lines to propose tiered pricing.

c. FPR round: offerors will not be able to add new shipping points, products, modes of delivery, sources of supply, FOB, escalators exception requests, or new bid lines.

Offerors will still be able to edit the other fields of its .

d. Price Reduction round (Optional): If the Contracting Officer determines that a Price Reduction round will be held, offerors will only be allowed to lower their offered price and may not make revisions to any other OET fields. Offerors will be provided with an updated copy of the Minimum Cost Bid Evaluation Worksheet (MCBEW) and a “Laid-Down Cost Report” (LCR). The LCR will provide information on the price currently in line for award at each line item. This report is limited to providing the solicitation line item, demand location, quantity currently in line for award, and the laid down price for the quantity currently in line for award (laid down price as defined under: FACTOR 2: PRICE in this solicitation). Revisions received after the stated closing date and time will not be considered. If there was no new offered price submitted during the OET Price Reduction round, then the previous submitted offered price will be used for evaluation.

(ii) Revisions submitted after the close of a round will not be considered.

(13) The solicitation will have a Two-Part Negotiation. Part 1 begins when the Opening of Negotiations letters are sent to offerors who are in the competitive range. Meaningful discussions will be held before the date and time specified for the closing of the IPR. Part 1 will conclude with the submission of IPRs. Part 2 of Negotiations will occur after the closing of the Interim OET round. Offerors will be notified of the status of all old and new negotiation issues that must be resolved in the FPR. Part 2 will conclude with date and time indicated in the Closing of Negotiation letter. The Contracting Officer reserves the right to re-open negotiations if it is necessary to have further discussions.

Each offeror will be provided with a “Minimum Cost Bid Evaluation Worksheet” (MCBEW) after IPR and before FPR. 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 its 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 submitted through the OET will be evaluated in the BEM. Unless the offer is withdrawn, the offeror’s most recent OET price submission for this acquisition (initial offer, IPR, or FPR, as applicable) will be evaluated as a final offer in the BEM for possible award. The Government reserves the right to either make awards based on the FPR BEM evaluation, or to conduct additional standard rounds or an OET price reduction rounds.

If the Contracting Officer holds a price reduction round, offerors will be provided with an updated copy of the MCBEW and a “Laid-Down Cost Report” (LCR). The LCR will provide information on the price currently in line for award at each line item. This report is limited to providing the solicitation line item, demand location, quantity currently in line for award, and the laid down price for the quantity currently in line for award. Revisions received after the stated closing date and time will not be considered. If there was no new offered price submitted during the OET Price Reduction round, then the previous submitted offered price will be used for evaluation.

(14) Offerors must select only one mode of transportation and shipping point per sequence bid line offered in the OET. For example, a unique sequence bid line is necessary if an offeror wants to propose:

(i) multiple transportation modes from the same shipping point, or

(ii) multiple shipping points with the same transportation mode

(15) Offerors shall not propose FOB Destination and Tanker mode on sequence bid lines. The Military Cargo Preference Act of 1904 requires that 100% of cargoes for the U.S. military forces shall be carried on U.S. flag vessels.

(16) All offer sequences must specify the Reference Price Formula ID upon which the offer is based in the Offeror Entry Tool (OET). Offers for F76, JP5, and JA1 may use any or all of the stated Reference Prices for that product. The corresponding default Reference Price Formula (shown in shading in the table, above) will be assigned to any sequences for which a specific Reference Price Formula ID is not selected.

(17) Offerors shall notify DLA Energy if the shipping points proposed have any transportation restrictions to any of the demand locations solicited. If transportation restrictions are in place from the proposed shipping point, Offerors must provide documentation from the cognizant port authority or management verifying the ability to provide product to the specific location(s) that has a delivery restriction. If sufficient documentation is not submitted, the bid lines will not be evaluated to the location that has restrictions to receive fuel from the proposed shipping point.

(18) All attachments in the Bulk OET must be in PDF format and NOT include any electronic signatures.

(19) Multiple PDF attachments are allowed to be uploaded with an offer in the Bulk OET. There are no size restrictions.

(20) When an OSP is submitted in the OET, a SF1449 that contains the preparer’s electronic signature will be included as part of the offer submission package. If the SF1449 shall be signed by someone other than the individual submitting the offer in the OET, please attach the completed and signed SF1449 as part of the OSP.

(21) All offerors shall return Attachment 1 – Fill-Ins.

i. Offerors that complete representations and certifications electronically in SAM, as instructed in FAR 52.212-2(b)(8), must verify that the dated provisions match what is in the solicitation. If the date of a representation and certification provision is older than what is in the solicitation, then the offeror shall complete the newer version in the solicitation.

ii. G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM: Foreign offerors may elect payment by electronic transfer of funds via the Federal Reserve Wire Transfer System, which does not require the receiving bank to be located in the United States. Offerors must verify their Financial Institution (FI) is capable of receiving Federal Wire transactions via either a SWIFT Code or an IBAN number. Offerors that receive an award under this solicitation must ensure that the appropriate arrangements are made with its FI prior to submission of the first invoice.

(22) All offerors that propose an F76 sequence shall complete and sign Attachment 4 – F76 Traceability Sheet. If it includes an additive that is not approved, offerors shall submit an exception request.

(23) Map coordinates shall be provided as specified in Attachment 8 – Map Coordinate Desk Guide.

(24) Offerors shall submit more than one Authorized Negotiator and provide the full legal name for each Authorized Negotiator. The Government may not discuss a proposal with an individual who is not listed.

(25) If an offeror has a physical address in the U.S. Central Command (CENTCOM); is submitting FOB Destination Offer(s) to CENTCOM; and/or is offering FOB Origin Shipping Point(s) in CENTCOM, then the offeror shall be registered in the Joint Contingency Contracting System (JCCS) to be considered for contract award. If awarded, active registration shall be maintained throughout the contract period of performance. Countries in CENTCOM include Afghanistan, Bahrain, Egypt, Iran, Iraq, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lebanon, Oman, Pakistan, Qatar, Saudi Arabia, Syria, Tajikistan, Turkmenistan, United Arab Emirates, Uzbekistan, and Yemen.

Likewise, if an offeror has a physical address in the U.S. Africa Command (AFRICOM); is submitting FOB Destination Offer(s) to AFRICOM; and/or is offering FOB Origin Shipping Point(s) in AFRICOM, then the offeror shall be registered in JCCS to be considered for contract award.

(26) Any award to a contractor, who, at the time of award, was suspended, debarred, or ineligible for receipt of contracts with Government agencies or in receipt of a notice of proposed debarment from any Government agency, is voidable at the option of the Government.

(27) Offeror shall Certify it has a Quality Control Plan on file with DLA Energy that is no more than 24 months old and is applicable to a DLA Energy Bulk Petroleum contract; OR Provide an outline of a proposed QCP that demonstrates an understanding of the quality assurance requirements in QAP E1 that does not exceed 2 pages.

(28) Any exceptions shall be submitted in the OET and the offerors must reference the contract provision, clause or text for evaluation in accordance with M72.10.

(29) PORT ASSESSMENT: If an award is extended for a FOB Origin Tanker offer, the offeror will be required to provide the government a Facility Security Officer point of contact for the awarded shipping points so a post-award Port Assessment (PA) can be completed. Naval Criminal Investigative Service (NCIS) shall perform a PA prior to the delivery period. The Facility Security Officer provided shall coordinate with NCIS, as needed. Validity terms of the PA are based on Force Protection Condition (FPCON) and may range from one to three years.

(c) Period of Acceptance. Period of Acceptance shall be changed to 270 days.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(6) Offerors may only be withdrawn in writing to the Contracting Officer and must be formally withdrawn in the OET.

(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.

(30) PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION

(a) The Contractor shall use reasonable care to avoid damaging or contaminating existing buildings, equipment, asphalt pavement, soil, or vegetation (such as trees, shrubs, and grass) on the Government installation. If the Contractor fails to use reasonable care or fail to comply with the requirements of this contract and damages or contaminates any such buildings, equipment, asphalt pavement, soil or vegetation, or other Government facilities, he shall replace the damaged items or repair the damage at no expense to the Government and to the satisfaction of the Government. Should the Contractor fail or refuse to make such repairs or replacements, the Government may have the said repairs or replacement accomplished, and the Contractor shall be liable for the cost thereof which may be deducted from the amounts which become due under this contract. Informal agreement with the Contractor upon replacement, repairs, or costs to be deducted shall first be attempted by the Installation Commander or Ordering Officer. If disagreement persists, the matter shall be referred to the Contracting Officer. Unless approved by the Contracting Officer, no costs shall be deducted from amounts due or owing without the Contractor's consent.

(b) The Contractor shall take all measures as required by law to prevent oil spills (including, but not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping into or onto any land or water). In the event the Contractor spills any oil (including, but not limited to, gasoline, diesel fuel, fuel oil, or jet fuel), the Contractor shall be responsible for the containment, cleanup, and disposal of the oil spilled. Should the Contractor fail or refuse to take the appropriate containment, cleanup, and disposal actions, the Government may do so itself. The Contractor shall reimburse the Government for all expenses incurred including fines levied by Federal, State, or local governments.

(31) SAFETY DATA SHEETS – COMMERICAL ITEMS

(a) For each item to be delivered under this contract, the apparently successful offeror shall submit, prior to award, a Safety Data Sheet (SDS), NOT a Material Safety Data Sheet (MSDS), that meets the requirements of both 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313. All data on the SDS shall be current, accurate, complete, and in compliance with Federal Standard No. 313. The apparently successful offeror is responsible for satisfying this requirement whether or not it is the actual manufacturer of the item. Failure to submit an SDS for each item to be delivered prior to award may result in the apparently successful offeror being considered non-responsible and ineligible for award.

(b) All SDSs shall be submitted to the Contracting Officer. Each SDS must cite the solicitation or contract number, the applicable Commercial and Government Entity (CAGE) code of the Contractor and the name of the manufacturer, and the National Stock Number (NSN).

(c) For current contracts, the apparently successful offeror need not submit an SDS for an item for which they have submitted an acceptable SDS to DLA Energy within the past four years. At minimum, a new SDS must be prepared, dated, and submitted every four years.

(d) If, at any time prior to or after award, there is either a change in the composition of the item(s) or a revision to Federal Standard No. 313 that renders incomplete or inaccurate the data submitted under paragraph (a) of this contract text, the apparently successful offeror or Contractor shall promptly notify the Contracting Officer and submit a new SDS that is complete and accurate within 30 days of said change or revision.

(End of Addenda)