SPE605-19-R-0212_Amendment_0007_SF_30_final.pdf

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:

(a) By completing items 8 and 15, and returning 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 your 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.

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION

NO.

9B. DATED (SEE ITEM 11)

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 Offers is extended, is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE 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:

D. OTHER (Specify type of modification and authority)

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.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

2. AMENDMENT/MODIFICATION NO.

See Continuation Pages for Amendment 0007 details.

Defense Logistics Agency Energy 8725 John J. Kingman Road, Suite 4950 Ft. Belvoir, VA 22060 Shanon Sheffield DLA Energy-FEPDA 703 767-9084/Shanon.Sheffield@dla.mil

SPE605-19-R-0212

1.6G

1 5

10/11/2019

04/01/2019

SPE605-19-R-0212

Amendment 0007

The purpose of this Amendment is to delete the requirement that Gasoline, Mid Unl (MUM) must be sourced from within IRAQ.

This Amendment is issued to:

1) Page 6, B-0001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S)(ALASKA/HAWAII)(DLA ENERGY JAN 2012) SPECIAL NOTES, 2, DELETE “and Gasoline, Mid Unl (MUM)”

SPECIAL NOTES:

1. The Government reserves the right to make single or multiple awards for line items 4-12 and 15-17 as a result of this solicitation. As stated in

FAR 52-212-2 Instructions to Offerors -- Commercial Items (Oct 2018), paragraph (h), the Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. If the Government makes multiple awards for a line item, the Government will apportion the requirement among the awardees. No awardee will receive less than 50% of the requirement for any line item awarded.

2. All Aviation Turbine Fuel and Gasoline, Mid Unl (MUM) procured under this solicitation must be sourced from a refinery within Iraq only, unless offeror can provide approval from the Ministry of Oil and can provide documentation of that approval. Diesel Fuel, 10 PPM SULF (SFD) can be procured from outside Iraq. The source of supply will be used to evaluate SECTION M-Factor 1-TECHNICAL CAPABILTY, SUB FACTOR 1 SUPPLY. For Aviation Turbine Fuel (JA1) source and batch COQ’s/COA’s (JP8) must be submitted for each source location. Offerors must submit a batch certificate for Gasoline, Mid Unl (MUM) and Diesel Fuel, 10 PPM SULF (SFD) from every refinery fuel is sourced.

3. Iraq is a volatile country and there are several routes that are not secure. Security of the ground lock to delivery locations is not guaranteed and is the responsibility of the vendor. If awarded a contract, contractor(s) must submit movement requests through the Prime Minister National Operations Center (PMNOC) and Iraqi Oil Police for approval to travel. See attachment 3 for PMNOC procedures.

4. Close coordination with site personnel and DLA Energy Middle East Office is required prior to each delivery. Contractor shall have all necessary equipment to facilitate downloading fuel into storage apparatus for each line item.

5. Contractor shall provide the tank batch certificate of quality (COQs) represented for all fuel deliveries under the resultant contract/order to the DLA Energy Middle East Office at DESC-ME.QA@dla.mil for approval prior to any deliveries. In addition, provide certificate of quality (COQs) to the customer at the time of delivery. A DD250 is to be used as the bill of lading to which the following be included for all products: temperature, density, corrected density and corrected quantities (if required) on all shipment documents.

6. Line item numbers 0001-0038 are placeholders and may change upon award.

7. Offerors submitting electronic responses to this solicitation must limit email size to 10MB for a single email. Emails over 10MB may not be delivered because of server restriction on mail size for delivery.

8. Any violation of the Iran Sanctions Act is strictly forbidden. Contractor shall not source nor blend any portion of the fuel destined for DLA Energy with refined fuel products sourced from Iran. In accordance with FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (MAR 2016), by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act.

9. Exceptions: Any exceptions the offeror takes to the terms and conditions of the solicitation must be submitted with the offer. Offerors shall submit all exceptions taken in list format. Only exceptions detailed in the offer will be treated as exceptions to the terms and conditions of the solicitation. Any exceptions taken by the offeror will be considered by the Government and either accepted or rejected. Exceptions that are accepted by the Government will be incorporated into any resultant contract; exceptions that are rejected by the Government must be withdrawn by the offeror or the offer will be rejected.

10. Offerors must submit pricing in unit price/per USG format: Example: ($0.000000/USG)

ADDITIONAL SPECIAL NOTES REGARDING ALL PRODUCTS IN THIS SOLICITATION:

1. Source, in this contract, as determined for government acceptance, is defined as the location of the storage tank(s) from which the product(s) will be loaded into trucks and directly delivered to the customer’s destination as stated in the schedule of this contract.

a. Acceptance storage tanks should be within the borders of the country for which the major requirements are located.

However, delivery from an identified, outside of the country, storage location to end user locations can be used and acceptable as long as this delivery route is listed on the vendor’s supply chain map/plan and the proper certificates of quality or analysis are presented to the region Quality Manager or QAR for acceptance in accordance with below guidance.

b. Offeror will need to inform the contracting officer of the location in which the products will be stored and sampled, for acceptance purposes, along with the distance the storage location is from the delivery locations.

c. Offeror will also inform the contracting officer of their commercial laboratory which will be used to perform acceptance testing prior to acceptance by the government.

i. All commercial laboratories to be used for acceptance testing must be approved by the U.S. Government.

ii. The Government will be provided, for evaluation and acceptance, the name of the laboratory to be used, the expected capabilities of that lab (full specification, etc.) for each product, a good point of contact name, phone number, laboratory location address, and email address.

iii. Samples of their certificates of analysis (redacted) will be provided to the government for evaluation. Certificate of analysis (See sample attachment 6) should reflect the same information as that listed in section 4 below.

iv. Offeror can expect a quality visit to their proposed laboratory if the laboratory has not already been vetted and accepted by the Government in the past.

v. If the offeror possesses their own laboratory, it can perform full specification testing in accordance with the specification requirements and want to use that lab for this contract and acceptance purposes, the lab will have to be vetted and approved by use, by the U.S. Government, prior to the beginning of the performance period.

vi. The use of a third party inspection contractor may be used to assist DLA Energy Quality in witnessing andverification of laboratory testing and equipment calibrations/standardizations for contractor owned laboratories.

1. Contract awardee(s) that plan on using their own laboratories will allow entry to any DLA Energy, third party inspection contractors, just like they would any DLA Energy QAR or representative stated in contract provision(s) FAR 52.246.2 and E21.01.

2. Failure to do so will result in the awardee(s) to have to use an outside, commercial lab for all of their “acceptance” testing.

2. The Offeror will provide the Fuel Source Data Sheet will be used to show all of the refineries or terminal sources where the offeror is sourcing the fuel to be provided to the U.S. Government.

a. This requires not only the refineries or terminal sources but the contractor’s “acceptance” storage tanks as well.

b. Under “Country of Origin” on the Fuel Source Data Sheet, type or write “acceptance” beside the country name. Then under

“Destination Country” please include any outside locations included in the schedule in which that source may deliver to.

3. Offeror will need to provide letters of commitments from transportation sub-contractors, laboratories, and any other sub-contractors

(storage, operations, drivers, etc.) from which they will require assistance in order to fulfill this contract and its requirements (See Attachment 1).

a. Letters of commitment will be on sub-contractor, lessor, and/or supplier’s letterhead and in the format listed in attachment # 1.

The commitment letter must also state how soon before the start of the performance period the sub-contractor will be fully available for access and use by the offeror.

4. In order for the offeror to demonstrate that they possess the technical capability to provide the fuel (all products in the schedule) which meets the required specification(s), the offeror, must present either a current, full specification Refinery Certificate of Quality (COQ) or a recertification certificate of analysis (COA). All COQ/COAs should be presented in a format which resembles that of the one listed in ASTM D1655, figure X3.2 or the commercial laboratory sample provided. These certificates will be on refinery or commercial laboratory letterhead and signed and dated like the certificates of analysis listed below. Offeror must provide supply letter of commitments 30 days from time of award.

a. Certificates of Analysis will contain the source information (location, tank number, lot or batch number, etc.), specification tested to, along with the test methods used for testing.

b. To be acceptable for evaluation, the certificate of analysis (COA)/batch certificate will also be signed and stamped by the laboratory manager and be within 90 days of submission from a batch out of the terminal storage tank(s) or refinery batch tank(s) to be used for actual supply. Laboratory Manager signature cannot be more than 90 days old at date of submission for review.

c. If the supplier is purchasing products from a terminal that receives and blends several different refined products from multiple refineries/sources, a list of those refineries/sources as part of that batch blending will be submitted for traceability purposes and should be included on the Fuel Source Data Sheet, if room or on a separate attachment stating that these are refineries used in the blending of that product.

d. Partial quality certificates (with less than the required or listed characteristics tested, as listed in the specification) and manufacturer/product specification sheets will not be accepted.

e. All test certificates submitted shall be translated into English and will be in the same format as required by the original. The original, non-English version will need to accompany the translated version and the offer must ensure that they are one in the same.

f. Translated version must be signed and stamped by the person that translated and the method of translation included.

5. If the offeror is unable to provide full specification certificates of quality/analysis from the refinery or terminal or own storage, or if the offeror determines that certain test characteristics were not tested under specific specifications or find some characteristics do not meet specification limits, offeror will have samples, from all of their source(s), taken and tested to the full specification(s) listed in this solicitation and submitted with the offer.

a. This independent test will be to the full specification and meet the certificate of analysis requirements of section 4 above.

b. Offerors will need to submit exception or deviation requests for changes to the fuel specifications which they cannot meet or specific characteristic limits and/or test methods which their laboratory or country specification(s) cannot meet or test.

c. Offerors will have to provide a detailed reason behind the need for the exception or deviation request, along with their way forward with meeting the requirements of this contract, and the duration of the exception or deviation request.

6. All products, once received at the offeror’s “acceptance” storage tank(s) as stated above and prior to loading and trucks and delivering to the end user, will have to meet the product specification(s) listed in this contract and be submitted to the regional Quality Manager or QAR prior to being released for shipment.

a. DLA Energy Quality Assurance will be covered under Alternate Release Procedures (ARP) and requires all product(s) be inspected and approved (accepted) by a QAR prior to being released for shipment.

b. Contract awardee(s) will be provided with an ARP letter stating the requirements for product quality acceptance and other instructions to be followed during the performance period of this contract.

c. Once individual storage tank inventory, during the entirety of the performance period, is depleted and fresh product is received into that storage tank(s), a new batch sample and acceptance testing will need to be completed prior acceptance and release for delivery to the government.

7. The offeror must provide a map or chart showing the entire supply chain of the product(s), from source to final delivery. The offeror must also show this plan as part of their ability to supply on specification product(s) in their quality control plan (QCP) and/or standard operating procedures/statement of work (SOP/SOW) required below.

8. Offeror will provide transportation plans which shall include details as to how the offeror will move fuel through the entire supply chain.

The emphasis will be on the details provided for transportation of the product from the in-country intermediate storage sites to the customer’s delivery location(s). Descriptions of leased or owned transportation modes for movement of product(s) from source to the intermediate storage locations should, at minimum, included the type of transportation, the numbers made available, the sub-contractor to be used and what areas of the supply chain they will cover.

9. Offeror will need to provide a list of the tank trucks which will be utilized for this contract.

a. Tank Truck list will include the make and model of the truck, capacities, the plate and registration/vehicle identification number (VIN) numbers, the model year, whether the tank is epoxy coated or not and if the trucks are dedicated to a specific grade of fuel and that grade of fuel it will carry.

b. Offerors will need to provide lists of drivers and the vehicles they will be assigned to after award. List will need to have drivers’ full names, identification numbers, and trucks they will be assigned to. Offeror may also have to provide further information to the Government and/or customer locations to allow entrance and do background checks.

c. For offeror owned assets, the list of assets with the information required under section 9 a. above, is the only thing required, no letter of commitment.

d. Except for the letters of commitment and the asset lists, the transportation plan can be submitted separately or be submitted as part of the QCP and/or the SOP/SOW. If part of the QCP and/or SOP/SOW, the offeror will state that in their offer.

10. Offeror will need to provide detailed descriptions/plans of all primary and alternate storage and distribution systems, both leased and owned, to be used for the entirety of the performance period.

a. To demonstrate the offeror’s ability for sufficient storage, the offeror will need to provide details of the storage facilities to be used, whether primary or alternate

i. Storage tank lists will include the tank numbers, max capacities each can hold, if they are rigid (steel, aluminum, etc.) or bladders, whether they are segregated or on common lines, and the grade of fuel each will hold. Offeror will also have to express the max quantity(s) of each grade made available to the government for the entirety of the period of performance.

b. The offeror will also show the storage facilities ability as to how many trucks it can up-load and/or down-load in a 24 hour period, if it can support filling customer tank trucks, and all laboratory capabilities, either owned or contracted out, and their testing capabilities for ensuring product quality is met prior to final delivery to the customer.

c. The offeror will provide their proposed storage capacity and proximity to each solicited location, and the offeror’s ability to provide operational storage and supply arrangements that are proposed to insure the intermediate reserve products are available throughout the term of the contract.

i. Proximities to be provided will include the distance and time to destination of all the customers listed in the solicitation schedule.

d. Except for the letters of commitment and the facilities asset lists, the supply/distribution plan can be submitted separately or be submitted as part of the QCP and/or the SOP/SOW. If part of the QCP and/or SOP/SOW, the offeror will state that in their offer.

11. A quality control plan (QCP) and/or standard operating procedure/statement of work (SOP/SOW) will be provided in the offer in order to show the offeror’s ability and capability to assure the quality of the product remains within contract specifications from origin to destination.

a. The quality control plan must meet the requirements of the solicitation/contract provision E1, section (b)(3). A QCP is required, for all products, if the attached schedule includes any aviation fuel (JA1, Avgas, etc.). If no aviation fuel, the offeror will only have to submit their standard operating procedures/statement of work.

i. These SOP/SOWs, at minimum, will describe how the offeror or its sub-contractors will ensure quality of the product throughout the supply chain.

ii. The QCP will be evaluated for its ability to show the steps to be taken for quality assurance and surveillance throughout the supply chain and how well it incorporates the elements required by the E1 provision.

iii. The contractor must also show that any sub-contractors will be utilizing and adopting those procedures and that the primary contractor understands that the QCP will be updated and revised to meet the unique requirements of this solicitation and approved and signed by the region’s quality manager prior to first order off this contract.

iv. The offeror must also provide standard operating procedures for the proposed operation of their transportation and storage distribution segments of this contract if those procedures are not incorporated into their QCP.

12. Offeror will submit a detailed description of their alternate supply chain, to include distribution and storage, from vendor source to final destination.

a. The offeror’s will need to show, through similar lists and plans to be submitted for their primary support listed in the above paragraphs, their ability to provide alternative sources of supply in the event of geo-political shifts, political uprisings, poor weather and road conditions, refinery constraints or any other contingency that would prevent delivery from the primary source of supply.

b. The alternate supply chain must be shown to be distinct and separate from their primary chain(s) and all items require in paragraphs 1 thru 9 above.

c. The offeror’s ability to provide alternative sources and the ability to continue contract requirements shall be shown on the same map or chart required above and must also be included in their QCP and/or SOP/SOW.

13. Offeror is responsible read and understand all of the requirements set in this solicitation and these special notes. Offeror is also responsible for submitting all attachments and offers that show that they understand these requirements and any specifications or instructions are going to be met. If the offeror discovers deficiencies or non-compliance to these solicitation requirements and/or specifications, the offeror must present an exception or deviation request similar to that stated in section 5 above and in accordance with solicitation provision E35. If offeror has some sort of “shortcoming” with meeting a portion or portions of the requirements and plan on having it resolved and meet the requirements as stated, the offeror should provide a “letter of intent” to the contracting officer with the offer.

a. Letter of intent will provide the portion of the requirement(s) unable to meet at the time, how and what the offeror plans on putting in place to meet the requirement(s), and the date (before the start of the performance period) they plan on having in place and meeting the requirement, if awarded.

b. Letter of intent must be provided only to the contracting officer assigned to this contract. If pre-award survey is scheduled, offeror must provide the information with regard to their letter of intent but must not hand over any letters to the QAR conducting the survey.

3) Page 165, Evaluation Factors for Award DELETE FAR 52.212-2 -- EVALUATION -- COMMERCIAL ITEMS (Oct 2014) in its ENTIRETY and REPLACE with: