EPA One-on-One Event.pdf

P095 Industry One-On-One Event Replace Submarine Pier 3

Naval Station Norfolk, Norfolk, Virginia

When: Wednesday, 20 October 2021 (0900-1600)

What: Naval Facilities Engineering Systems Command, Mid-Atlantic (NAVFAC MIDLANT) invites contractors to provide feedback in a One-on-One breakout session. The intent is to discuss with industry the incorporation of FAR 52.216-4 Economic Price Adjustment-Labor and Material. The Government intends to collect feedback from industry regarding the use and impact of EPA in Construction Contracts (Reference A).

Who: Interested parties to solicitation number N4008521R0219 with appropriate experience with Waterfront construction. Priority for one-on-one meetings will be given to prime contractors.

Where: Individual Conference call

Registration is required to participate and access the meeting. Please follow the instructions provided below under Registration Information.

Call in information for individual breakout sessions will be emailed to contractors whose registration information is received and scheduled in accordance with the below instruction not later than 1 day prior to the event.

Project Scope: This project constructs a new Pier 3 and CEP-176 wharf to support berthing of LA, VA, and VPM Class submarines with shore-to-ship utilities, correct deficiencies of existing bulkhead CEP-102 and construct new relieving platform, construct new Utility Service Building (USB), outfit Pier 4 south for berthing of submarines during project construction, demolish Pier 3 and Pier 3T, perform dredging, and construct ATFP security enclave. The contractor shall provide all material, labor, transportation, tools, equipment, management, supervision and quality control necessary for construction of a new reinforced concrete single deck pier 1,330 feet long and 85 feet wide and a new wharf 800 feet long and 100 feet wide which replaces part of the existing CEP-176 bulkhead. The top of the wharf deck elevation will match top of the pier deck elevation and the north edge of wharf will align with north edge of the new pier and have a continuous fender system. Utilities on the pier and wharf will consist of potable water, sanitary sewer, oily water/waste oil, pure water, fire protection water lines, and low- and high-pressure compressed air systems. Electrical utilities will include primary power distribution, 480V shore power, industrial power, high mast lighting, and grounding.

Additional utilities include telephone, cable television, fiber optic communications, and fire alarm systems. An unoccupied utility services building will be constructed which will house redundant fire/potable water booster pumps, low- and high-pressure compressed air plants, pure water plant and backup generator. A new ATFP fence will enclave the area around the utility services building, new pier 3 and CEP-176 wharf and include a guard house, vehicular gates with passive vehicle barriers, pedestrian turnstiles and perimeter lighting. Additional work includes construction of a new reinforced concrete relieving platform along existing CEP-102 bulkhead, outfitting of existing Pier 4 south to temporarily berth submarines during the full extent of this project, demolition of existing Pier 3 and Pier 3T, and dredging of sediment at the existing Pier 3 and Pier 3T demolition sites and along the new wharf.

Project Cost Range: $100M - $250M Anticipated Project Award: Q2 FY22

Agenda:

One-on-one Breakout Sessions 30 minute one-on-one conference call sessions with the NAVFAC team to provide feedback.

Contractor can designate discussions as confidential, if desired.

Anticipated questions/comments:

The Government anticipates to discuss the following:

1. Please describe any previous experience you have on a contract that included the EPA provision (schedule for material/labor, contract administration, significant challenges)

2. Please discuss any benefits from incorporating the EPA

3. Please discuss any potential negative impacts from incorporating the EPA

Registration Information:

Registration for the breakout sessions is required and shall include:

Company name, physical address, email address(es), POC, and telephone number(s), and anticipated list of attendees

Please identify if your firm is a prime contractor

Email completed registration information to Amanda Bricker Amanda.l.bricker.civ@us.navy.mil, Contract Specialist, and copy Holly Snow, Holly.r.snow.civ@us.navy.mil, Contracting Officer no later than Monday, 18 October 2021 by 1200 local time.

Scheduling Contractors will be notified by 19 October 2021 of their designated time slot, if selected, and conference call in information to the email address used for registration. At this time, no alternate/makeup days are scheduled.

Contractors are invited to submit questions and/or comments via email to Amanda Bricker (Amanda.l.bricker.civ@us.navy.mil), and copy Holly Snow at (holly.r.snow.civ@us.navy.mil) no later than 18 October 2021.

mailto:Amanda.l.bricker.civ@us.navy.mil mailto:holly.r.snow.civ@us.navy.mil

Reference A

52.216-4 Economic Price Adjustment-Labor and Material.

As prescribed in 16.203-4(c), when contracting by negotiation, insert a clause that is substantially the same as the following clause in solicitations and contracts when the conditions specified in 16.203-4 (c)(1)(i) through (iv) apply (but see 16.203-4 (c)(2)). The clause may be modified by increasing the 10-percent limit on aggregate increases specified in paragraph (c)(4), upon approval by the chief of the contracting office.

ECONOMIC PRICE ADJUSTMENT-LABOR AND MATERIAL (JAN 2017)

(a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of pay for labor (including fringe benefits) or the unit prices for material shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor’s proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor’s adjustment proposal.

(b) Promptly after the Contracting Officer receives the notice and data under paragraph

(a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the labor rates (including fringe benefits) and unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)(3) of this clause. The Contracting Officer shall modify this contract (1)to include the price adjustment and its effective date and (2)to revise the labor rates (including fringe benefits) or unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c) Any price adjustment under this clause is subject to the following limitations:

(1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule. There shall be no adjustment for-

(i) Supplies or services for which the production cost is not affected by such changes;

(ii) Changes in rates or unit prices other than those shown in the Schedule; or

(iii) Changes in the quantities of labor or material used from those shown in the Schedule for each item.

(2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor’s https://www.acquisition.gov/far/16.203-4#FAR_16_203_4 https://www.acquisition.gov/far/16.203-4#FAR_16_203_4 https://www.acquisition.gov/far/16.203-4#FAR_16_203_4 failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Default clause.

(3) There shall be no adjustment for any change in rates of pay for labor (including fringe benefits) or unit prices for material which would not result in a net change of at least 3 percent of the then-current total contract price. This limitation shall not apply, however, if, after final delivery of all line items, either party requests an adjustment under paragraph (b) of this clause.

(4) The aggregate of the increases in any contract unit price made under this clause shall not exceed 10 percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(d) The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to the cost of labor (including fringe benefits) and material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

https://www.acquisition.gov/far/subpart-4.7#FAR_Subpart_4_7