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

Notice Date

September 28, 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

October 10, 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

DESCRIPTION: This is Amendment 0001 to Solicitation SP0600-01-R-0102: 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 October 10, 2001 at 3:00 pm, Ft. Belvoir, VA local time. C. Clause B19.19 ECONOMIC PRICE ADJUSTMENT (PC&S) (DESC JUL 1999) is hereby deleted from Solicitation SP0600-01-R-0102. D. Clause B19.19.100 is hereby added to Solicitation SP0600-01-R-0102: B19.19.100 ECONOMIC PRICE ADJUSTMENT (PC&S) (DESC SEPT 2001) (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 September 10, 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. (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 Oil Price Information Service (OPIS) daily rack price ?End of Day Rack Average? for the market and product stated in the publication. Prices will be adjusted cent-for-cent with changes in the OPIS ?End of Day Rack Average? rack price. 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. E. All other terms and conditions remain unchanged.

Web Link

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Record

Loren Data Corp. 20011002/91SOL001.HTM (D-271 SN50Z1J5)