91 -- 91 -- FUEL OIL, BURNER #2 (FS2) AND DIESEL FUEL, LS#2 (DYED) (LSS)

Notice Date

November 27, 2001

Contracting Office

Defense Logistics Agency, Logistics Operations, Defense Energy Support Center, 8725 John J. Kingman Road, Fort Belvoir, VA, 22060-6222

ZIP Code

22060-6222

Solicitation Number

SP0600-01-R-0102

Response Due

December 5, 2001

Point of Contact

Dorothy Gheen, Contract Specialist , Phone 703 767-9542, Fax 703 767-8506, Email dgheen@desc.dla.mil -- Brian Ellison, Commodity Business Specialist, Phone 703 767-9543, Fax 703 767-8506, Email bellison@desc.dla.mil

Description

A. All offerors are reminded to acknowledge receipt of this amendment as stated in Block 11 of this form. B. The hour and date specified for receipt of offers is extended to December 5, 2001, at 3:00 p.m., Ft. Belvoir, VA local time for Line Item 451-46 only. C. Due to administrative errors in the preparation of Solicitation SP0600-01-R-0102, the following issues are hereby corrected: 1. In the synopsis issued September 18, 2001 in the fourth sentence under Description the reference to the Federal Acquisition Circulars in effect is changed to include Federal Acquisition Circular 97-27, effective 25 April 2001. 2. Clause I1.04, pg. 11, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS ? COMMERICAL ITEMS (MAY 2001) under section (b) reference 52.219-3 is hereby unchecked and (b) reference 52.219-4 is hereby checked. 3. Clause K94, OSP-20, CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILTY MATTERS (APR 2001) is hereby deleted in its entirety. D. Clause L117, NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE DELIVERY OF PRODUCT (DOMESTIC PC&S) (DESC JUN 1997) is hereby added to the Offer Submission Package for Solicitation SP0600-01-R-0102. L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE DELIVERY OF PRODUCT (DOMESTIC PC&S) (DESC JUN 1997) [ ] Check here if not subcontracting with a transportation company in the performance of any resultant contract. (a) In the performance of any resultant contract, offeror agrees not to utilize transportation companies that have been debarred or suspended, are ineligible for receipt of contracts with Government agencies, are in receipt of a notice of proposed debarment or ineligibility from any Government agency, or are otherwise ineligible under Federal programs. Offerors shall submit the name, address, and telephone number of the transportation company(ies) that will be utilized in the performance of any resultant contract. In addition, it is requested that offerors provide the State(s) in which the transporter is authorized to conduct business. (b) The information provided will not be used in the evaluation of offer prices. However, the information is subject to review by the Contracting Officer and could result in a nonresponsibility determination. Failure to provide the requested information may also render the offeror nonresponsible. (c) Should any of the specified information change prior to award, offerors are required to provide the Contracting Officer with the updated information (also see the NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY clause in Addendum II). Name, Address, and Phone Number State(s) in which transporter of Transportation Company is authorized to operate=09 (DESC 52.247-9F60) E. Clause B19.19.100 ECONOMIC PRICE ADJUSTMENT (PC&S) (DESC SEPT 2001) in Amendment 0001 is hereby deleted and replaced with the following: B19.19.100 ECONOMIC PRICE ADJUSTMENT (PC&S) (DESC OCT 2001) =20 (a) WARRANTIES. The Contractor warrants that -- (1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and (2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this clause. (b) DEFINITIONS. As used throughout this clause, the term -- (1) Base price means -- (i) The unit price offered for an item and included in the contract award schedule; or(ii) During any subsequent program year, either the effective contract price as of the start of the subsequent program year, or the price agreed upon as of the start of the subsequent program year.(2) Base reference price means the preselected reference price for an item as published on 6 September 2001. In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the preselected reference price for an item as published on the date nearest in time prior to the date shown.(3) Reference price means that published reference price or combination of published reference prices preselected by the Government for price adjustment for individual items by product, market area, and publication as specified in (f) below.(4) Date of delivery means -- (i) FOR TANKER OR BARGE DELIVERIES.(A) F.O.B. ORIGIN. The date and time vessel commences loading.(B) F.O.B. DESTINATION. The date and time vessel commences discharging.(ii) FOR ALL OTHER TYPES OF DELIVERIES. The date product is received on a truck-by-truck basis.(5) Calendar week means a consecutive seven-day period, beginning with whichever day of the week is specified in (c)(1) below.(6) Published means electronically published, transmitted, or made available by Oil Price Information Service (OPIS).(7) Publication means the electronic format used by OPIS. (c) ADJUSTMENTS. Contract price adjustments shall be provided via notification through contract modifications and/or posting to the DESC web page under the heading Doing Business with DESC to reflect any price change pursuant to this clause.(1) OIL PRICE INFORMATION SERVICE. The reference price in effect on the date of delivery shall be the daily posting using OPIS daily rack price ?End of Day Rack Average? for the market and product stated in the publication, effective the day before the date of delivery. Prices will be adjusted cent-for-cent with changes in the OPIS ?End of Day Rack Average? rack price, effective the day before the date of delivery. In the event there is no daily rack price in the publication for any given day, the reference price for that particular day shall be the most recently published OPIS daily ?End of Day Rack Average? rack price. (2) CALCULATIONS. The prices payable hereunder shall be determined by adding to the award price the same number of cents, or fraction thereof, that the reference price increases or decreases, per like unit of measure. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places, truncated.(i) If averages are published within a given publication, then these averages will be used.(ii) If averages are not available within a given publication, manually calculated averages will be used.(3) REVISION OF PUBLISHED REFERENCE PRICE. In the event -- (i) Any applicable reference price is discontinued or its method of derivation is altered substantially; or (ii) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions -- the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the reference price was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS clause of this contract.(4) FAILURE TO DELIVER. Notwithstanding any other provisions of this clause, 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, or is the result of an allocation made in accordance with the terms of the ALLOCATION clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.(5) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 60 percent of the base price in any applicable program year (whether a single year or a multiyear program), 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 provisions of this clause 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, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this clause.(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 clause.(f) PUBLICATIONS: The following publication(s) is (are) used: OPIS -- "End of Day Rack Average", effective the day before the date of delivery. COG 3 PETROLEUM MARKET AREAS BY STATE AND COUNTY ARE AVAILABLE ON DESC'S WEBPAGE ONLY. =09 F. For delivery to Fort Campbell, Kentucky under Item 160-461, the base reference price ($ per gallon), effective 6 September 2001, is changed from $1.0086 (OPIS Louisville) to $0.8533 (OPIS Nashville).=20 G. The Market Area and Escalation Reference for all items under Solicitation SP0600-01-R-0102 is as follows: Item Product Location Market Area Escalation Reference B01-94 Diesel Fuel, LS#2 (DYED) (LSS) Washington, DC ALL OPIS Fairfax 160-461 Fuel Oil, Burner #2 (FS2) Ft. Campbell, KY E OPIS Nashville 451-46 Fuel Oil, Burner #2 (FS2) Radford, VA D OPIS Roanoke H. All other terms and conditions remain unchanged. =09

Web Link

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Record

Loren Data Corp. 20011129/91SOL002.HTM (D-331 SN5137Z9)