FA4497-11-R-0007 RFP Ammendment 2.pdf

JOHN M. LYNCH

BUILDING 639 ATLANTIC ST

DOVER AFB DE 19902-4639

F1Q3FQ1033A001 111099

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this ammendment is to:

1-Delete letter items a through x for the computation of liquid asphalt adjustments in accordance w ith the economic price adjustment at the bottom of Section B 2-Add CLINs 0001CH, 0001CJ, 0001CK, 1001CH, 1001CJ, 1001CK, 2001CH, 2001CJ, 2001CK, 3001CH, 3001CJ, and 3001CK as item numbers a through l for the computation of liquid asphalt adjustments in accordance w ith the economic price adjustment at the bottom of Section B 3-Delete CLINs 0001CP, 0001CQ, 0001CR, 0001CV, 0001CW, 0001DN, 1001CP, 1001CQ, 1001CR, 1001CV, 1001CW, 1001DN, 2001CP, 2001CQ, 2001CR, 2001CV, 2001CW, 2001DN, 3001CP, 3001CQ, 3001CR, 3001CV, 3001CW, and 3001DN from section H-09 (Economic Price Adjustment-Liquid Asphalt Material) 4-Add CLINs 0001CH, 0001CJ, 0001CK, 1001CH, 1001CJ, 1001CK, 2001CH, 2001CJ, 2001CK, 3001CH, 3001CJ, and 3001CK to section H-09 (Economic Price Adjustment-Liquid Asphalt Material)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 08-Jun-2011

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X FA4497-11-R-0007

X 9B. DATED (SEE ITEM 11)

31-May-2011

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

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 Offer is extended, X is not extended.

Offer 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 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)

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.

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).

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

08-Jun-2011

CODE

436 CONTRACTING SQUADRON

BLDG 639 ATLANTIC ST

DOVER AFB DE 19902-5639

FA4497 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE FA4497

FACILITY CODECODE

EMAIL:TEL:

FA4497-11-R-0007

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been modified:

TOTAL AMOUNT OF EACH YEAR

TOTAL AMOUNTS OF EACH YEAR

TOTAL ESTIMATED EXTENDED AMOUNT OF BASE YR $_______________

TOTAL ESTIMATED EXTENDED AMOUNT OF OPTION YR 1 $_______________

TOTAL ESTIMATED EXTENDED AMOUNT OF OPTION YR 2 $_______________

TOTAL ESTIMATED EXTENDED AMOUNT OF OPTION YR 3 $_______________

TOTAL ESTIMATED EXTENDED AMOUNT ALL YEARS $_______________

NOTE 1: All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid.

NOTE 2: If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total EXTENDED cost, the application of the lump sum adjustment to each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro-rata basis to every unit price in the bid schedule.

NOTE 3: If the actual quantities should be less than 85% or more than 115% of the estimated quantities, the unit prices of those items falling outside the parameters of 85%, 115% will be subject to negotiation; however, if the actual quantities installed/removed fall within the 85% and 115% range of the estimated quantities, the unit price bid will be used for payment purposes. In either event, the contractor shall only be paid for actual quantities installed/removed (as applicable to bid schedule.)

In no case shall the contractor exceed the amount of the contract without consent of the Contracting Officer.

CLAUSES AND PROVISIONS

(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incourporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

(b) Clauses and provisions in this document will be nubered in sequence, but will not necessarily appear in consecutive order.

(c) Sections K, L and M will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.

THE FOLLOWING PERCENTAGES WILL BE USED FOR COMPUTATION OF ADFUSTMENTS OF UNIT

PRICES IN ACCORDANCE WITH THE ECONOMIC PRICE ADJUSTMENT—LIQUID ASPHALT

MATERIAL.

a. Liquid asphalt represents _____ percent of unit price for contract ilne item number 0001CH.

b. Liquid asphalt represents _____ percent of unit price for contract ilne item number 0001CJ.

c. Liquid asphalt represents _____ percent of unit price for contract ilne item number 0001CK.

d. Liquid asphalt represents _____ percent of unit price for contract ilne item number 1001CH.

e. Liquid asphalt represents _____ percent of unit price for contract ilne item number 1001CJ.

f. Liquid asphalt represents _____ percent of unit price for contract ilne item number 1001CK.

g. Liquid asphalt represents _____ percent of unit price for contract ilne item number 2001CJ.

h. Liquid asphalt represents _____ percent of unit price for contract ilne item number 2001CJ.

i. Liquid asphalt represents _____ percent of unit price for contract ilne item number 2001CK.

j. Liquid asphalt represents _____ percent of unit price for contract ilne item number 3001CH.

k. Liquid asphalt represents _____ percent of unit price for contract ilne item number 3001CJ.

l. Liquid asphalt represents _____ percent of unit price for contract ilne item number 3001CK.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

H-001 REQUIRED INSURANCE (IAW FAR 28.306(b))

Reference FAR 52.228-5 entitled “Insurance--Work on a Government Installation” the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

1. Workers' compensation and employer's liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

2. General liability. The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

3. Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H-002 FEDERAL HOLIDAYS

The following Federal Legal holidays are observed by this base:

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

H-003 PERFORMANCE AND BID REQUIREMENTS (IAW FAR 28.101-2 and FAR 28.102-3)

1. Bid Guarantee:

a. A bid guarantee IS (emphasis added) required, with the proposal, in the form of a firm commitment, e.g., bid bond (Standard Form 24) supported by good and sufficient surety or sureties acceptable to the government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or under Treasury regulations, certain bonds or notes of the United States. The contracting officer will return any bid guarantee, other than bid bond, to the successful offeror upon execution of contractual documents and bond (including any necessary coinsurance agreements) as required by the bid as accepted.

b. The amount of the bid guarantee shall be 20% of the bid price or $3 million whichever is less.

c. If the successful bidder (offeror) upon acceptance of its bid by the government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder (offeror) the contracting officer may terminate the contract for default.

d. In the event the contract is terminated for default, the offeror is liable for any cost of acquiring the work that exceeds the amount of its offer and the bid guarantee is available to offset the difference.

2. Performance and Payment Bonds. In accordance with the Miller Act (40 U.S.C. 2701-270f), the bidder to whom award is made shall, within fifteen (15) calendar days after the date of award, furnish a performance bond (Standard Form 25) and a Payment Bond (Standard Form 25a), each with good and sufficient surety of sureties acceptable to the Government.

a. Performance Bond: The penal sum of the performance bonds at the time of contract award shall be one hundred percent (100%) of the contract price.

b. Payment Bond: The penal amount of payment bonds at the time of contract award shall be one hundred percent (100%) of the original contract price.

3. The contractor will not be issued a Notice to Proceed or be allowed to start work prior to furnishing the requested bond, including any necessary insurance agreements.

NOTE: Required bonds shall be furnished by the contractor to the Government prior to commencement of contract performance. Performance and payment bonds, in the amount stated above will also be required for any options exercised. Performance and payment bonds or ‘Consent of Surety’ shall be submitted to the Contracting Officer prior to the exercise of any option period.

H-004 PREPARATION OF PROGRESS SCHEDULE AND REPORTS

The reports contemplated by the clause titled, “Schedules for Construction Contract” shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report.

H-005 PREPARATION OF MATERIAL APPROVAL SUBMITTALS

The submittals contemplated by the FAR 52.236-5 entitled “Material and Workmanship” shall be accomplished on and in accordance with instructions pertaining to AF Form 3000, “Material Approval Submittal”.

H-006 PAYMENT FOR MATERIALS STORED ON SITE

1. This clause implements FAR 52.232-5, Payments Under Fixed Price Construction Contracts, with regard to material payments.

2.Consideration for payment under this contract for materials stored on site is subject to the following conditions:

a. The contractor shall furnish the Contracting Officer a list of major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested. Those items approved by the contracting officer will be entered on the AF Form 3064, Contract Progress Schedule, as a percentage factor, or factors if items are listed individually.

b. Payment is limited to major high-cost items. A major high-cost item is defined as a single item of material with a unit price of $500.00. Such costs as sales tax, freight, handling, pallets, etc., are excluded.

c. Payment requests shall be consistent with approved material submittals and shall be supported by the following documents

(i) Certified paid vendor invoices.

(ii) Accepted delivery tickets, if applicable.

d. All material for which payment is requested shall be delivered to an approved location on site, and certified that none will be removed without written permission of the contracting officer. Materials may also be stored in a bonded warehouse.

e. Payments will be made monthly, or at more frequent intervals as determined by the Contracting Officer.

H-007 SECURITY REQUIREMENTS

1. The contractor and, as applicable, subcontractors shall not employ persons for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well being or operational mission of the installation and its population, nor shall the contractor or subcontractors employ persons under this contract who have an outstanding criminal warrant as identified by the National Crime Information Center (NCIC). NCIC checks will verify if a person is wanted by local, state, and federal agencies. All contractor and subcontractor personnel must consent to NCIC background checks. Contractor and subcontractor personnel who do not consent to an NCIC check will be denied access to the installation. Information required to conduct an NCIC check includes:

full name, driver's license number/state issued/expiration date, social security number, and date of birth of the person entering the installation and shall be submitted in conjunction with the contractor's request for vehicle passes.

Completion of a successful NCIC check does not invalidate the requirement for an escort when contractor or subcontractor personnel are working within controlled or restricted areas.

2. Contractors shall ensure their employees and those of their subcontractors have the proper credentials allowing them to work in the United States. Persons later found to be undocumented or illegal aliens will be remanded to the proper authorities.

3. The contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provisions of this clause. Furthermore, nothing in this clause shall excuse the contractor from proceeding with the contract as required.

H-008 LIMIT ON TOTAL ORDERS

In addition to the limitations identified in FAR 52.216-19, Delivery-Order Limitations, the Government is not required to purchase from the Contractor during any contract period, nor is the contractor required to furnish, combined requirements exceeding 125 percent of the estimated total amount of the contract for that contract period, unless mutually agreed to by the parties.

NOTE 1: REQUIREMENTS EXCLUDED FROM THIS CONTRACT: Reference FAR clause 52.216-21, entitled “REQUIREMENTS.” As noted in paragraph (a) of the clause, the following item of requirement is specifically excluded from this contract:

All requirements of the same or similar nature that are included as components or parts of current on-going projects.

NOTE 2: WAGE RATES-EXERCISE OPTIONS: The contracting officer shall, concurrent with the exercise of any option, incorporate the current applicable Davis Bacon Wage Determination which shall remain effective for the entire option period.

The contractor shall compensate all covered employees at not less than the rate specified on the Wage Decision, applicable to the current option period. No contract price adjustment will be made relative to the incorporation of the current Wage Decision.

NOTE 3: ISSUANCE OF DELIVERY ORDERS: A delivery order (DO) setting forth a not-to-exceed dollar amount to cover services to be scheduled during the period of the DO, will be issued in writing by the contracting officer pursuant to FAR clause, 52.216-18 entitled “ORDERING.” Subsequent to issuance of DO, services will be scheduled by the contracting officer or by his/her authorized representative. No services shall be performed which exceed the total dollar amount of a modified or additional DO. No performance shall be made which exceeds the total dollar amount of the DO plus the total dollar amount of an amended or additional amount of an amended or additional DO.

H-009 ECONOMIC PRICE ADJUSTMENT – LIQUID ASPHALT MATERIAL

1. Economic price adjustment reflects the current market price at time of award of the Delivery Order. By the 5th day of each month of this requirements contract period (but within five days after contract award, if contract award is after the 5th day of the month), the Contractor shall notify and provide proof of the increase/decrease of the price of liquid asphalt which impacts (a) CLINS 0001CH, 0001CJ, 0001CK, 1001CH, 1001CJ, 1001CK, 2001CH, 2001CJ, 2001CK, 3001CH, 3001CJ, 3001CK. The notification shall include the Contractor’s proposal for an adjustment in the contract unit prices on a prospective basis for that month. It 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.

2. Prior to the award of any delivery order, the Contracting Officer shall modify the contract to apply the most recent adjustment, either increase or decrease, to the Contract Line Item Numbers (CLINS) affected by the adjustment.

3. Any price adjustment under this clause is subject to the following limitations. Any adjustment shall be limited to the affect on unit prices of asphalt materials on CLINS as listed in (a) above. There shall be no adjustment for (i) material for which the production cost is not affected by such changes, (ii) changes in unit prices other than those CLINS as listed in (a) above, or (iii) changes in the quantities of material used form those shown in Part I – The Schedule, Section B, for CLINS listed in paragraph (a).

4. The Contracting Officer may examine the Contractor’s books, records and other supporting data relevant to the cost of material for all reasonable items 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 later.

5. The Delaware Posted Asphalt Cement Price will be used as the standard of measurement of this clause. The Base Price will be the Delaware Posted Asphalt Cement Price in effect at the time of receipt of bids. The Delaware Posted Asphalt Cement Price is located at www.deldot.net. From the home page select doing business with Deldot.

At the next page under competitive bids select Delaware Posted Asphalt Price.

Base Price is the price posted by the Sun Company, Philadelphia PA which has been adopted by the State of Delaware as the prevailing rate per ton for asphalt cement.

The calculation of the adjustment will be as shown in the following EXAMPLE:

Delaware Posted Asphalt Cement Price (per ton) in effect at the time contractor acceptance for delivery order $400.00 less: Delaware Posted Asphalt Cement Price in effect at The time of receipt of bids $388.33

EQUALS: Amount of increase/decrease $11.67

DIVIDED BY: Delaware Posted Asphalt Cement Price in Effect at the time of receipt of bids $388.33

EQUALS: EPA Adjustment Percent 3%

(f) The adjustment of the individual items will be as shown in the following example:

Bid Price of one of the items as listed in (a) above $300.00

MULTIPLIED TIMES: Percent Asphalt Material 4% (This percentage is located on page 246, of respective Schedule B annotation)

EQUALS: Percent of Bid Price Allocated to Asphalt Material $12.00

MULTIPLIED TIMES: EPA Adjustment Percent 3%

EQUALS: Adjustment amount per ton for example delivery Order. $.36

(End of Summary of Changes) http://www.deldot.net/�