Amendment A001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

N/A

PAGE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE NO. 5. PROJECT NO. (If applicable)

A001 07/12/2023 N/A See Box 14

6. ISSUED BY CODE N/A 7. ADMINISTERED BY (If other than Item 6) CODE N/A

Department of Transportation Federal Highway Administration 610 East Fifth Street Vancouver WA 98661-3801

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

X

69056723B000007

9B. DATED (SEE ITEM 11)

06/23/2023

10A. MODIFICATION OF CONTRACT/ORDER NO.

N/A

10B. DATED (SEE ITEM 13)

CODE: N/A FACILITY CODE: N/A N/A

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 (__ ) is extended, ( x ) 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)

N/A

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.

N/A

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).

N/A

C THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

N/A

D OTHER (Specify type of modification and authority) N/A

E. IMPORTANT: Contractor n/a is not, n/a is required to sign this document and return n/a copies to the issuing office.

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

MT DAR MALM 2023(1), Defense Access Roads FY2023

Amendment A001 is issued to revise the following:

SPECIAL CONTRACT REQUIREMENTS. Pages E-25 through E-27. Subsection 109.06A, Adjustments for Price Fluctuations. Revises Table 109-1 and Table 109-2.

ENCLOSURES: Pages E-25 through E-27

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) 15a. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

N/A

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY_________________________________________ BY N/A___________________________ N/A (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

E-25 DIVISION 100

Special Contract Requirements Project: MT DAR MALM 2023(1), Defense Access Roads FY 2023 supporting documentation containing all ownership records that are available, including any purchase records, depreciation records, maintenance records, or other records that relate to the ownership and operating costs for each piece of equipment.

When actual costs cannot be determined, use the rates shown in the U.S. Army Corps of Engineers Construction Equipment Ownership and Operating Expense Schedule (CEOOES) for the region where costs are incurred. Adjust the rates for used equipment and for other variable parameters used in the schedules. Provide the CO with a completed WFLHD Form 103, proposed CEOOES rates for each piece of equipment with supporting calculations, and any other necessary documentation about the equipment to calculate allowable ownership and operating costs using CEOOES. An electronic version of the WFLHD Form 103 form is available at:

https://highways.dot.gov/federal-lands/construction/forms-wfl.

For equipment that is not planned to be used at the time of the preconstruction conference, but is later used on the project, provide required information and data prior to mobilizing the equipment to the project.

109.06A Adjustments for Price Fluctuations. (Added Subsection).

Price adjustments for pay items listed in Table 109-1 will be made when the price fluctuation for products used in the performance of the work exceed specified limits. Adjustments are not intended to compensate for normal day-to-day fluctuations, seasonal changes, or to serve as a guarantee of full compensation for price fluctuations. It does provide for sharing in a portion of the risk, which could result from unusual price fluctuations. No price adjustments will be made for work performed beyond the fixed completion date.

Table 109-1 Pricing Adjustment Pay Items

Line Item Number

Pay Item Number

Pay Item Description Product

A1022 B1022 C1022

20403-0000 Unclassified borrow Fuel

A1024 B1028 C1028

30202-2000 Roadway aggregate, method 2 (K Roads) Fuel

A1030 B1038 B1034

C1040 31103-3000

Stabilized aggregate surface course, calcium chloride, imported aggregate (K Roads)

Fuel B1034 B1038

C1034 Stabilized aggregate surface course, calcium chloride, imported aggregate (L Roads)

Revised by Amendment A001

E-26 DIVISION 100

Project: MT DAR MALM 2023(1), Defense Access Roads FY 2023

Monthly adjustments will be accrued with the payment or rebate to be made in the final voucher.

A partial price adjustment payment may be made once every 12 months or when the unpaid accrued increase exceeds $10,000 when requested in writing. The Government will withhold a rebate when the deductive accrual exceeds $10,000.

The maximum allowable monthly and final adjustment for payment to the Contractor or rebate to the Government is limited to 50 percent of the Base Price Index.

(a) Fuel Price Adjustment. The Government will determine price indexes for fuel using price data obtained from the Oil Price Information Service (OPIS) which publishes a daily report (Monday through Friday) on gasoline and distillate reseller prices. Gross No. 2 Distillate rack average price data for Ultra Low Sulfur No. 2 Diesel fuel reported for Bozeman will be averaged and used to establish a Base Price Index (BPI) and a Monthly Performance Price Index (MPPI). These indexes are defined as follows:

(1) Base Price Index. The Base Price Index (BPI) is a price index determined by the arithmetic average as specified above, reported in the OPIS publications for the four weeks immediately preceding the bid opening.

BPI (LOW SULFUR, NO. 2 DIESEL FUEL) = $ [PRICE TO BE INSERTED AT AWARD] per U.S. gallon

(2) Monthly Performance Price Index. The Monthly Performance Price Index (MPPI) is the arithmetic average of the weekly price data from OPIS publications issued before the last Wednesday of the month in which the work was performed.

The BPI and MPPI will be posted at:

https://highways.dot.gov/federal-lands/business/escalation-factors-wfl/.

Price adjustments to fuel will be calculated by the Government using a ratio of the MPPI/BPI to determine price adjustments as follows:

No price adjustment – When the ratio MPPI/BPI falls within the range of 0.90 to 1.10, no price adjustment will be made for fuel used in construction work performed during the relevant month.

Government rebate – When the ratio MPPI/BPI is calculated to be less than 0.90, the Government is due a rebate as follows:

Government Rebate = (0.90 – MPPI/BPI) (BPI) (Q) (FUF)

Contractor payment - When the ratio MPPI/BPI is calculated to be greater than 1.10, the Contractor is due additional payment as follows:

Contractor Payment = (MPPI/BPI – 1.10) (BPI) (Q) (FUF) where:

Q = Quantity of work on the project during the progress payment period for pay items shown in Table 109-1; and

E-27 DIVISION 100

Project: MT DAR MALM 2023(1), Defense Access Roads FY 2023

FUF = Fuel Usage Factor shown in Table 109-2.

When calculating the payment or rebate, the Government will round each portion of the calculation to two decimal places.

Table 109-2 Fuel Usage Factors

Pay Items Fuel Usage Factor(2)

Section 204 – Excavation and Embankment 20403 Unclassified borrow

0.70 gallons/ton

0.30 gallons/yard3

(0.77 gallons/metric ton)

0.39 gallons/meter3

Section 302 – Minor Aggregate 30202 Roadway aggregate(1)

0.70 gallons/ton (0.77 gallons/metric ton)

Section 311 – Stabilized Aggregate Surface Course 31103 Stabilized aggregate surface course, imported aggregate

0.70 gallons/ton (0.77 gallons/metric ton)

(1) The Government will convert pay item quantities to match Fuel Usage Factor units.

(2) Fuel Usage Factor based on U.S. gallons.

109.08 Progress Payments. Amend as follows:

Delete paragraph (b) and substitute the following:

(b) Closing date and invoice submittal date. The closing date for progress payments will be the last day of the month. Include work performed after the closing date in the following month's invoice. For work performed between September and July of any year, submit invoices to the designated billing office by the 7th day after the closing date. Invoices received by the designated billing office after the 16th day following the closing date, for work included in the September through July invoices, will not be accepted for payment processing that month. For work included in the August invoice, submit the invoice to the designated billing office by the 5th day after the closing date. Invoices received by the designated billing office after the 5th day following the closing date, for work included in the August invoice, will not be accepted for payment processing that month. Include late, unprocessed invoice submittals in the following month’s invoice.

Delete paragraph (e) and substitute the following:

(e) Processing progress payment requests. No payment will be made for work unless field note documentation for the work was provided by the closing date.

(1) Work performed between September and July.

(a) Invoices received by the 7th day following the closing date.

(1) Proper invoices. If the invoice meets the requirements of Subsection 109.08(c), and the quantities and unit prices shown on the Contractors' invoice agree with the corresponding quantities and unit prices shown on the Governments' receiving report, the invoice will be paid.