AMENDMENT 0002 SPE60521R0212.pdf

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PPN 1. 8M Germany Solicitation# SPE605-21-R-0212
Solicitation number
SPE605-21-R-0212
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This is an amendment to a solicitation issued by the Defense Logistics Agency Energy for fuel products in Germany. The amendment extends the closing date for receipt of offers to May 31, 2021 at 3:30 PM EST. It provides responses to questions from vendors regarding delivery sizes, pricing terms, and tax obligations. Pricing will be established using average weekly posting prices from Oil Market Report and adjusted each week using the prior Monday's exchange rate. Offerors are responsible for confirming applicable taxes with local authorities, as the U.S. Government is exempt from mineral taxes and duty-free sales tax where a form is provided to customs.

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

PAGE OF PAGES

1 / 3

2. AMENDMENT/MODIFICATION NO.

00002

3. EFFECTIVE DATE

05/20/2021

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE605 7. ADMINISTERED BY (If other than Item 6) CODE

DEFENSE LOGISTICS AGENCY ENERGY

8725 JOHN J. KINGMAN RD., SUITE 4950

FT. BELVOIR, VA 22060-6222

DLA ENERGY/FEPBA

PHONE: 571-395-0349/363-8808 FAX: 703-767-8506

E-MAIL: ARLENE.WARREN @DLA.MIL

PP 1.8M

8. NAME AND ADDRESS OF CONTRACTOR (NO., street,city,county,State,and ZIP Code) () 9A. AMENDMENT OF SOLICITATION NO.

X

SPE60521R0212

9B. DATED (SEE ITEM 11)

April 26, 2021

10A. MODIFICATION OF CONTRACT/ORDER NO.

BIDDER CODE: CAGE CODE: 10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[X] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [X ] is extended,[] is not extended

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 1 copies of the amendment ;(b) By acknowledging receipt of this amendment on each copy of the offer submitted; 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.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

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

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)

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

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

SPE60521R0212

Offerors must acknowledge receipt of this amendment by filling out block 8 above, and signing and dating blocks 15A, 15B, and 15C below, and returning this document with their offer to DLAEnergyFEPBA@dla.mil and danette.stewart@dla.mil / arlene.warren@dla.mil.

SEE CONTINUATION PAGE

Except as provided herein, all terms and conditions of the document referenced in Items 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C.DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C.DATE SIGNED

NSN: 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Prescribed by GSA mailto:DANETTE.STEWART@DLA.MIL mailto:DLAEnergyFEPBA@dla.mil mailto:danette.stewart@dla.mil

SPE605-21-R-0212

AMENDMENT 0002

This amendment is issued under SPE605-21-R-0212 for the following:

A. The closing date for the receipt of offers for all line items under this solicitation is hereby extended to May 31, 2021;

15:30 PM Local Time, EST.

B. Below are questions asked by vendors and responses by DLA Energy regarding solicitation

SPE60521R0212:

1. Re ‘Attachment A Schedule Narrative.pdf’ and ‘Combined Synopsis Solicitation 26 April 2021.pdf’, pp. 10-11 Can you please confirm the average drop (delivery) size for each CLIN and can you please confirm that the Unit of Measurement for each CLIN is US Gallons?

Response: An average cannot be confirmed as delivery size may vary each time an order is placed.

The unit of measure for each CLIN is provided in US Gallons.

2. No base prices for individual items in the contract?

Response: Offerors shall review Combined/Synopsis. Offeror should see B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012) for further Clarification (Page 12 – 16).

The base reference price for Solicitation SP0605-21-0212 are average high weekly posting from the week of February 1, 2021 – February 5, 2021 as published using the OMR market report Weekly Survey from February 1, 2021 – February 5, 2021 Offer price for all items should be based on the reference OMR postings.

3. Please provide a formula for calculating base prices for the various products listed in the contract.

Response: The base reference price for Solicitation SP0605-21-0212 are average high weekly posting from the week of February 1, 2021 – February 5, 2021 as published using the OMR market report Weekly Survey from February 1, 2021 – February 5, 2021 Offer price for all items should be based on the reference OMR postings.

Offeror should see B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012) for further clarification (Page 12 – 16).

4. Please tell us for which period the price for each item will be valid, will it be set every time or will the price be set once a week on every Monday and will be valid for the whole week for each item?

Offeror should see B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012) for further clarification.

For Example: prices will be established for the week of February 1, 2021 – February 5, 2021 using the previous week’s average (high) weekly postings as published in Oil Market Report- Weekly Survey for the week of February 8, 2021 – February 12, 2021. The exchange rate used for all weekly contract price changes will be the Monday of the weekly price change. For

SPE605-21-R-0212

AMENDMENT 0002

Example, the exchange rate to establish prices for the week of 1 February – 5 February 2021 will be the rate established on Monday, 1 February 2021.

5. We have noticed that the quantities of ordered fuel are very large, can you confirm that the quantities are correct?

Response: The quantities specified are correct

6. My supplier(s) has questions regarding Germany's tax scheme as it applies to the solicitation.

We do not know how to proceed and respond to the following:

__Initial here -OFFERORS ARE RESPONSIBLE FOR CONFIRMING THE APPLICABILITY

OF TAXES AND TAX RATES WITH THE STATE OR LOCAL TAX AUTHORITIES.

OFFERORS ARE ADVISED THAT OFFER PRICES SHOULD INCLUDE ALL

APPLICABLE TAXES AND FEES AND ALL OTHER COSTS ARISING FROM

CONTRACTOR'S PERFORMANCE OF THE CONTRACT, WHERE NO U.S.

GOVERNMENT OR DEPARTMENT OF DEFENSE EXEMPTION APPLIES.

There are two taxes in question, and it's unclear how to apply or not for this solicitation:

1. mineral tax. ( Mineralöl-Steuer) – do we add this to the bid price, or is the U.S.

government exempt? The German government charges this tax to the supplier, and they have to wait on the German government for reimbursement, which could mean tying up 10 of thousands of euros pending a refund. Or do they change the government as part of

Response: The U.S. Government is exempt. Offers should exclude all taxes where the U.S. Government is exempt. The supplier must pay the tax and wait to get reimbursed from the German Government.

2. The second tax is duty-free sales. Would they need a Vat-Form to charge without the Mehrwertsteuer (duty-free tax)?

Response: The U.S. Government is exempt. The suppliers must provide DFAS Europe with an abwicklungsschein and then DFAs will stamp it DFAS Europe once their invoice is paid. With that document the supplier goes to customs for the refund.

3. What has been the past procedure for both? With the long history of a presence in Germany, what is the historical practice?

Response: See and reference above response.

C. Offerors must acknowledge receipt of this amendment by filling out block 8 above, and signing and dating blocks 15A, 15B, and 15C below, and returning this document via email to DLAEnergyFEPBA@dla.mil and arlene.warren@dla.mil / danette.stewart@dla.mil /.

D. All other terms and conditions set forth under solicitation SPE605-21-R-0212 remain in-force and unchanged.

mailto:DLAEnergyFEPBA@dla.mil mailto:arlene.warren@dla.mil mailto:danette.stewart@dla.mil

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