RFP SPE60523R02080007 AMENDMENT 0007 DLA Energy Federal Emergency Management Agency (FEMA) Purchase Program number 3. 2F

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  to DLAENERGYFEPAB@dla.mil and e-mail Georgia.Dotson@dla.mil, Sandra.Smallwood@dla.mil and Hannah.R.Savine@dla.mil.

RFP SPE60523R0208 Amendment 0005 is being issued to clarify the instructions to offerors in FAR 52.212-1 INSTRUCTIONS TO OFFERORS –COMMERCIAL ITEMS (NOV 2021) and evaluation criteria in FAR 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021), update Factor 2: Technical Capability/Risk, Subfactor 1: Readiness Plan and Subfactor 3: Equipment, Factor 3: Past Performance, Attachment 3, and add FAR 52.204–27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUNE 2023):

52.212-1 INSTRUCTIONS TO OFFERORS –COMMERCIAL ITEMS (NOV 2021)

Section III

B. Proposal Volumes

11. Page Limit: Evaluators will only read up to the maximum number of pages specified.  If the page limit is exceeded, the pages in excess of the limit will be removed from the applicable volume and will not be considered as part of the evaluation.  

Page limitations are as follows:

Has been changed from:

Volume

Title

Page Limit

Closing Date

I Business

As Required to submit –

• SF1449 and Amendments(s)

• Cover Letter – 2 pages
• Offer Submission Package (OSP)
• Financial Capital – 2 pages
• COQ/COA – No page limit
• Exceptions – No page limit
• Organization Chart
• Material Safety Data Sheet(s) – No page limit
• Small Business Subcontracting Plan (if, Necessary) – No page limit

May 19, 2023 at 4:00pm (EST)

II Technical Capability/Risk

Limited to 75 single sided pages, 8 ½” x 11” paper size, not including Cover Page, Table of Contents, Licenses and Permits Data, Glossary of Abbreviations & Acronyms

May 19, 2023 at 4:00pm (EST)

III Past Performance

Past Performance

• Offeror Past Performance Questionnaire – Attachment 3 – 5 page limit
• Reference List)-Attachment 4 – 2 page limit
• Past Performance Questionnaires (PPQ)- Attachment 5 - No page limit

May 19, 2023 at 4:00pm (EST)

IV Price Unlimited

May 19, 2023 at 4:00pm (EST)

TO:

Volume

Title

Page Limit

Closing Date

I Business

As Required to submit –

• SF1449 and Amendments(s)

• Cover Letter – 2 pages
• Offer Submission Package (OSP)
• Financial Capital – 2 pages
• COQ/COA – No page limit
• Exceptions – No page limit
• Organization Chart
• Material Safety Data Sheet(s) – No page limit
• Small Business Subcontracting Plan (if, Necessary) – No page limit

May 19, 2023 at 4:00pm (EST)

II Technical Capability/Risk

Limited to 75 single sided pages, 8 ½” x 11” paper size, not including Cover Page, Table of Contents, Glossary of Abbreviations & Acronyms, or any supporting information submitted in response to the items listed in bullet format under Subfactors 2 & 3

May 19, 2023 at 4:00pm (EST)

III Past Performance

Past Performance

• Offeror Past Performance Questionnaire – Attachment 3 – 25 page limit, 5 pages per question
• Reference List)-Attachment 4 – 2 page limit
• Past Performance Questionnaires (PPQ)- Attachment 5 - No page limit

May 19, 2023 at 4:00pm (EST)

IV Price Unlimited

May 19, 2023 at 4:00pm (EST)

FAR 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

Factor 2: Technical Capability/Risk

Subfactor 1: Readiness Plan Has been changed from:

This subfactor evaluates the effectiveness and efficiency of the offeror’s plan to rapidly respond to the Government’s requirements after activation of contract and Task Orders have been placed either verbally or systematically. It assesses the offeror’s understanding of all aspects of the

effort to be performed and the likelihood of success in meeting the Government’s requirements and successful performance in accordance with the Performance Work Statement (PWS)

paragraphs 2.2 Hours of Operation, 2.3 Ordering, 2.9 Readiness, 2.10 Deliveries and 4.1 Environmental Requirements.

To:

This subfactor evaluates the effectiveness and efficiency of the offeror’s plan to rapidly respond to the Government’s requirements after activation of contract and Task Orders have been placed either verbally or systematically. It assesses the offeror’s understanding of all aspects of the effort to be performed and the likelihood of success in meeting the Government’s requirements and successful performance in accordance with the Performance Work Statement (PWS) paragraphs 2.2 Hours of Operation, 2.3 Ordering, 2.10 Readiness, 2.11 Deliveries and 4.1 Environmental Requirements.

Subfactor 3: Equipment Has been changed from:

This subfactor evaluates whether the offeror has the necessary equipment required to provide emergency fuel support as needed to provide mobile refueling (refer to PWS paragraphs 2.4

Equipment, 2.5 Self-Certified Letter, 2.6 Sectional Fuel Delivery Hose, 2.8 Rail Tankcars and 2.10 Deliveries) in the event of a contract activation.

To:

This subfactor evaluates whether the offeror has the necessary equipment required to provide emergency fuel support as needed to provide mobile refueling (refer to PWS paragraphs 2.4 Equipment, 2.5 Self-Certified Letter, 2.6 Sectional Fuel Delivery Hose, 2.8 Rail Tankcars and 2.11 Deliveries) in the event of a contract activation.

Evaluation Factor 3 Past Performance

Attachment 3 – The instructions on Attachment 3 have been clarified, changing the language from:

Responses shall be limited to five (5) single-spaced with one inch margins on a 8 ½ x 11 page per question.

To:

Responses shall be limited to five (5) single-spaced pages per question for a total maximum page limit of 25 pages.   Page lengths are based on one-inch margins on an 8 ½ x 11 pages.

The following clause is added:

FAR 52.204–27 Prohibition on a Bytedance Covered Application (June 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)

Offerors may update their submitted Technical Capability/Risk (Volume 2) and Past Performance Proposals (Volume 3) to meet the clarified page limits for Evaluation Factor 3: Past Performance, Attachment 3 and Volume 2 ONLY.

No other updates or revisions will be accepted.

TIME SPECIFIED FOR RECEIPT OF OFFERS: Please note that for all offerors choosing to update their proposals, all required documents to be submitted as part of an Offeror’s proposal update shall be received, as stated no later than: July 07, 2023 at 4:00PM Eastern Standard time (Ft. Belvoir, VA Local Time).

All other terms and conditions set forth under RFP SPE605-23-R-0208 remain in-force and unchanged.