SPE60822R0200 Amd 0001.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 SPE608 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

SPE60822R0200

X

2022 JUL 22

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, is required to sign this document and return 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

BUNKERS

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

08/08/2022

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.

X

CONTINUATION SHEET SPE60822R0200 - 0001 PAGE 2 OF 4 PAGES

1. Amendment 0001 to the solicitation is issued to add the following clause/provision:

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B19.27-2 ECONOMIC PRICE ADJUSTMENT - ESTABLISHED CATALOG PRICE OR MARKET PRICE – OTHER

THAN PUBLICATIONS (SHIPS' BUNKERS) (DLA ENERGY APR 2020)

(a) WARRANTIES. The Contractor warrants that--

(1) The unit prices set forth in this contract do not include allowances for any portion of the contingency covered by this contract text; and

(2) 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--

(1) Award price means the original contract price including incremental pricing grids. It is annotated as

Awarded Unit Price in any DLA Energy price adjustment notification issued by contract modifications.

(2) Base reference price means the price that (1) is an established catalog (also commonly known as posted price) or market price for commercial items sold in substantial quantities to the general public, and (2) is the net price after applying any standard trade discounts or any temporary voluntary allowances offered by the Contractor. This price will be specified in the Table in (f) below and in the attachment entitled POSTING HISTORY WORKSHEET (worksheet instructions are included with the attachment). The base reference date annotated in the Table in (f) below shall remain unchanged throughout the life of the contract.

(3) Adjusting reference price means the current established price as described in (2) above, in effect on the calendar week of the date of delivery, used to determine the change between the two. The term further means the reference price for an item as provided on the date nearest in time on or prior to the effective calendar date as expressed in (5) below. This is annotated as New Ref. Price in any DLA Energy price adjustment notification issued through contract modifications.

(4) Current unit price means the most current unit price in effect for the week that the escalation contract texts discussed herein begin. This price shall be the unit price charged to the Government for supplies delivered under this contract and will be expressed as Latest Unit Price in any DLA Energy price adjustment notification issued through contract modifications.

(5) Date of delivery means the date and time product is received by the requesting activity/vessel. This is shown by signature of receipts by the Government representative for the entire delivery. A single delivery that began on one date and ended on another date shall be considered as received on the date of completion and annotated by the Government on the bunker delivery document. Excusable delays in delivery shall be handled on a case-by-case basis by the Contracting Officer.

(c) ADJUSTMENTS. The prices payable under this contract shall be the award price increased or decreased by the amount that the reference price shall have been increased or decreased through the date of delivery. The amount of increase or decrease in award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.

(1) NOTIFICATION. The Contractor shall notify the Contracting Officer, in writing, of any and all changes in the reference price within 15 days from the effective date of such change. Failure to provide increases and decreases in the reference price shall be a material breach of contract. The price change notification shall include appropriate explanations and documentation as required by the Contracting Officer.

(2) EVIDENCE OF CHANGE IN CONTRACTOR’S ESTABLISHED CATALOG (POSTED) PRICE.

The price change notification shall include written documentation sufficient to justify such change. If the change in the

Contractor’s established catalog price results from a change in a supplier’s price, the Contractor shall include a copy of the supplier's notice or invoice, which clearly shows the supplier's name, the increase or decrease in price or invoice price, the applicable product, and the effective date of the change. In the event the Contracting Officer determines the justification insufficient to warrant such a change, the Contractor will be notified within three working days of DLA Energy’s receipt of the price change notification. The Contractor shall continue performance under this contract until the situation is resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

CONTINUATION SHEET SPE60822R0200 - 0001 PAGE 3 OF 4 PAGES

(3) CALCULATIONS. For U.S. locations, prices must be in U.S. gallons extending to six decimal places, rounded. For overseas locations, the prices must be in metric tons extended to two decimal places, rounded. For domestic contract line items, conversions from metric tons to gallons shall be utilized through the CONVERSION FACTORS contract text for the applicable publication reference product. Barrels shall be converted using the CONVERSION FACTORS contract text for barrels to gallons. The above shall apply unless cited differently in the Table in paragraph (f) below.

(4) PRICE ADJUSTMENT NOTIFICATIONS/MODIFICATIONS. Any resultant price changes shall be provided via notification through contract modifications.

(5) 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.

(6) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price shall not exceed _935_ percent of the award price, 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 an appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the reference price would raise a contract unit price for an item above 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.

(d) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, and other data the Contracting Officer deems necessary to verify Contractor adherence to the conditions of this contract text.

(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.

(f) TABLE.

I II III IV V

Base reference price as of

Location where (base ref. date)

Name of If company, reference price (excludes

Item no. company name of product is applicable all taxes)

CONTINUATION SHEET SPE60822R0200 - 0001 PAGE 4 OF 4 PAGES

SECTION M: EVALUATION FACTORS FOR AWARD

M3.02 EVALUATION OF OFFERS WHERE ALTERNATE ESCALATORS ARE USED (DLA ENERGY March 2021)

(a) FOR EVALUATION PURPOSES ONLY, when any offeror proposes alternate escalators as a basis for economic price adjustment for any line item, an evaluation factor will be applied to the Final Proposal Revision (FPR) prices for all offers on such line items. The evaluation factor will ensure that all offerors are evaluated on an equal basis by determining the offerors’ average prices for the full 12-month period preceding the base reference date.

(b) The offeror's margin (plus or minus) will be established as the difference between the FPR price and the base reference price for the posting or publication being used for each offer. The base reference price is the price in effect on the base reference date in the posting or publication being used for the offer. The margin will then be added to the 12-month average of the posting or publication used for that offer to determine the offeror’s evaluated price. The 12-month average will be calculated over the most recent complete 12-month period prior to the established reference date (i.e., if reference date is August 22, 2020, then the 12-month period would be August 2019 - July 2020).

M3.02 Formula:

FPR Price – Base Reference Price (BRP) = Margin

Margin + 12-Month Avg. = Offeror’s Evaluation Price

Example:

DLA Recommended Escalator Alternate Escalator

BRP $ 1.00 BRP $ 1.10

12 month Average $ 1.50 12 month Average $ 1.58

FPR Price Margin (FPR Price – BRP) Evaluated Price (Margin + 12-Month Avg)

Offer Price A (using DLA

Recommended Escalator) $1.11 $1.11 - $1.00 = $0.11 $0.11 + $1.50 = $1.61

Offer Price B (using

Alternate Escalator) $1.12 $1.12 - $1.10 = $0.02 $0.02 + $1.58 = $1.60

2. The Contracting Officer will consider exceptions to the Economic Price Adjustment reference.

3. There are no other changes.