FA8101-08-R-0024-0010.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 10

The following changes are hereby made to solicitation FA8101-08-R-0024:

FIRST:

Solicitation Bid Note number 14 is hereby deleted in it’s entirety.

SECOND:

RFI #6 Response is hereby amended to as follows:

RFI #6 Response: As each option year is exercised the Contracting Officer shall incorporate the current Davis-Bacon Wage Determination. All delivery orders issued during that particular contract period shall be in accordance with the newly incorporated Davis-Bacon Wage Determination.

THIRD:

The following RFI and response shall be incorporated into the solicitation as follows:

RFI #149 Question: Reference Amend 0007, NINTH, FAR 52.217-8, and RFI #6, and FAR 22.404-12. The government is requested to clarify and reconsider, if appropriate, its position on the pricing structure of this solicitation. In Amend 0007, NINTH section, Amend 0007 incorporates FAR 52.217-8, which states in part that rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. In its response to RFI #6, the government states there will be no adjustment to the contract prices after award of the contract. FAR 22.404-12 (copy attached) required the government to include in fixed price construction contracts with options a clause that specifies one of the methods contained in FAR 22.404-12(c) to provide an allowance for any increases to decreases in labor costs that result from the inclusion of the current wage determination at the exercise of an option to extend the term of the contract. This solicitation, as currently structured given the current clauses, provisions, and the government’s response to RFI #6 places an unreasonable risk on both the offerors and the government with regard to line item pricing.

RFI #149 RESPONSE: In accordance with FAR 22.404-12(c)(1), the Contracting Officer will incorporate the most current Davis Bacon Wage Determination when exercising any option period.

FOURTH:

The following clause is hereby added to solicitation SECTION I - CONTRACT CLAUSES:

The following have been added by full text:

52.222-30 DAVIS-BACON ACT--PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (DEC 2001)

(a) The wage determination issued under the Davis-Bacon Act by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, that is effective for an option to extend the term of the contract, will apply to that option period.

(b) The Contracting Officer will make no adjustment in contract price, other than provided for elsewhere in this contract, to cover any increases or decreases in wages and benefits as a result of:

(1) Incorporation of the Department of Labor's wage determination applicable at the exercise of the option to extend the term of the contract;

(2) Incorporation of a wage determination otherwise applied to the contract by operation of law; or

(3) An increase in wages and benefits resulting from any other requirement applicable to workers subject to the Davis-Bacon Act.

(End of clause)

FIFTH:

As a result of above, the solicitation closing date is hereby extended as follows:

FROM: Indefinite TO: 23 December 2008 3:00 CST

SIXTH:

All other terms and conditions remain unchanged and in full force and effect.

(End of Summary of Changes)