FA853308R10163_0004.pdf

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

2. AMENDMENT/MODIFICATION NO.

FA8533-08-R-10163-0004

3. EFFECTIVE DATE

4 JUNE 2008

4. REQUISITION/PURCHASE REQ. NO.

FD2060-08-10163

5. PROJECT NO (If applicable)

6. ISSUED BY CODE

642 CBG GBKBB, CML PHN 478 222 1902

460 RICHARD RAY BLVD, SUITE 200

ROBINS AFB GA 31098-1813

BUYER: Amy M. Holder/GBKBB Amy.Holder@robins.af.mil Phone: (478) 222- 1910 Fax: (478) 222-1854 No Collect Calls

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

FA8533

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE

X

9A. AMENDMENT OF SOLICITATION NO.

FA853308R10163

9B. DATED (SEE ITEM 11)

8-APR-2008

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, 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 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. -___- :00 __

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS 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 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 1 copies to the issuing office.

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

ROUTINE

15A. NAME AND TITLE OF SIGNER (Type or print)

15B. CONTRACTOR/OFFEROR

BY ________________________________________________________

(Signature of person authorized to sign)

15C. DATE SIGNED

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

16B. UNITED STATES OF AMERICA

BY ____________________________________________________

(Signature of Contracting Officer)

16C. DATE SIGNED

FACILITY CODE

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE 30-105 STANDARD FORM 30 (REV. 10-83)

PRESCRIBED BY GSA

FAR (48 CFR) 53.243

X

X X

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.

Amendment/Modification FA8533-08-R-10163-0004

Continuation of block 14. DESCRIPTION OF AMENDMENT/MODIFICATION

Request for Proposal FA8533-08-R-10163-0004

PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

The purpose of this amendment is to make the following changes:

A. Option Period line items 1001, 2001, 3001 and 4001 are hereby restated as follows:

OPTION PERIOD I: The effective date for Option Period I begins on the day immediately following the date of acceptance of the Pre-Production unit by the Government through a duration of 365 days. The unit price for orders placed during Option Period I are reflected below.

UNIVERSAL MAINTENANCE STAND

Item No.

Firm Fixed Price Best

Estimated Qty

U/I Unit Price Amount

10 EA

NSN: 1730-01-557-4560 RN

In accordance with attached Purchase Description PD08WRGBGBEA01

Please note that the BEQ for this item is 10 each; however, orders may be issued for quantities in excess of or less than the BEQ. Therefore, the Schedule below provides for a proposed unit price, applicable to any quantity ordered for this CLIN. Offerors are not permitted to propose a breakdown of quantity ranges and unit prices. The Price Subject to Adjustment is for direct material costs of Steel structural products only. Offeror shall propose the quantity (in feet) required for the manufacture of the stand(s), expressed at the unit level, and the material price(s)/unit subject to adjustment. The unit’s "Price Subject to Adjustment" plus the unit’s "Price Not Subject to Adjustment" equals the "Total Unit Price". The total price for CLIN 1001 shall be determined by multiplying the BEQ by the unit price as proposed below.

* Refer to the Economic Price Adjustment (EPA) Determination section for additional information on EPA adjustments for all delivery orders.

U/I Price Subject to Adjustment

(PSA)

(Note 1)

Price Not Subject to Adjustment (Note 2)

Total Unit Price

Structural Product Material (Identified Below)

QTY (feet) Price Total

Steel Feet Unit Price EA

NOTE 1: Per FAR 16.203-4(c)(4)(ii), when adjustments are made, they shall not include indirect cost or profit.

NOTE 2: Include all remaining unit costs and profit not proposed under the PSA.

Purchase Request(s) PR Line Item(s)

TBD TBD

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: WIDE AREA WORK FLOW

Quality Assurance: Standard Inspection Applicability:

None New Material, Surplus Not Acceptable Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

+ TBD DESTINATION

Type / Ship To Quantity (U/I) *ARO Each

Individual Order _ Req No / Pri

Required Delivery

+ TBD 10 EA

*150 Calendar Days

Proposed

OPTION PERIOD II: The effective date for Option Period II begins on the day immediately following the last day of Option Period I through a duration of 365 days. The unit price for orders placed during Option Period II are reflected below.

Estimated Qty

Please note that the BEQ for this item is 10 each; however, orders may be issued for quantities in excess of or less than the BEQ. Therefore, the Schedule below provides for a proposed unit price, applicable to any quantity ordered for this CLIN. Offerors are not permitted to propose a breakdown of quantity ranges and unit prices. The Price Subject to Adjustment is for direct material costs of Steel structural products only. Offeror shall propose the quantity (in feet) required for the manufacture of the stand(s), expressed at the unit level, and the material price(s)/unit subject to adjustment. The unit’s "Price Subject to Adjustment" plus the unit’s "Price Not Subject to Adjustment" equals the "Total Unit Price". The total price for CLIN 2001 shall be determined by multiplying the BEQ by the unit price as proposed below.

(Note 1)

Price Not Subject to Adjustment (Note 2)

Total Unit Price

Structural Product Material (Identified Below)

QTY (feet) Price Total

NOTE 1: Per FAR 16.203-4(c)(4)(ii), when adjustments are made, they shall not include indirect cost or profit.

Inspection/Acceptance Report: WIDE AREA WORK FLOW

Quality Assurance: Standard Inspection Applicability:

None

Delivery

Type / Ship To Quantity (U/I) *ARO Each Individual Order

_ Req No / Pri

OPTION PERIOD III: The effective date for Option Period III begins on the day immediately following the last day of Option Period II through a duration of 365 days. The unit price for orders placed during Option Period III are reflected below.

Estimated Qty

Please note that the BEQ for this item is 10 each; however, orders may be issued for quantities in excess of or less than the BEQ. Therefore, the Schedule below provides for a proposed unit price, applicable to any quantity ordered for this CLIN. Offerors are not permitted to propose a breakdown of quantity ranges and unit prices. The Price Subject to Adjustment is for direct material costs of Steel structural products only. Offeror shall propose the quantity (in feet) required for the manufacture of the stand(s), expressed at the unit level, and the material price(s)/unit subject to adjustment. The unit’s "Price Subject to Adjustment" plus the unit’s "Price Not Subject to Adjustment" equals the "Total Unit Price". The total price for CLIN 3001 shall be determined by multiplying the BEQ by the unit price as proposed below.

(Note 1)

Price Not Subject to Adjustment (Note 2)

Total Unit Price

Structural Product Material (Identified Below)

QTY (feet) Price Total

NOTE 1: Per FAR 16.203-4(c)(4)(ii), when adjustments are made, they shall not include indirect cost or profit.

Inspection/Acceptance Report: WIDE AREA WORK FLOW

Quality Assurance: Standard Inspection Applicability:

None

Delivery

Type / Ship To Quantity (U/I) *ARO Each Individual Order

OPTION PERIOD IV: The effective date for Option Period IV begins on the day immediately following the last day of Option Period III through a duration of 365 days. The unit price for orders placed during Option Period IV are reflected below.

Estimated Qty

Please note that the BEQ for this item is 10 each; however, orders may be issued for quantities in excess of or less than the BEQ. Therefore, the Schedule below provides for a proposed unit price, applicable to any quantity ordered for this CLIN. Offerors are not permitted to propose a breakdown of quantity ranges and unit prices. The Price Subject to Adjustment is for direct material costs of Steel structural products only. Offeror shall propose the quantity (in feet) required for the manufacture of the stand(s), expressed at the unit level, and the material price(s)/unit subject to adjustment. The unit’s "Price Subject to Adjustment" plus the unit’s "Price Not Subject to Adjustment" equals the "Total Unit Price". The total price for CLIN 4001 shall be determined by multiplying the BEQ by the unit price as proposed below.

(Note 1)

Price Not Subject to Adjustment (Note 2)

Total Unit Price

Structural Product Material (Identified Below)

QTY (feet) Price Total

NOTE 1: Per FAR 16.203-4(c)(4)(ii), when adjustments are made, they shall not include indirect cost or profit.

Inspection/Acceptance Report: WIDE AREA WORK FLOW

Quality Assurance: Standard Inspection Applicability:

None

Type / Ship To Quantity (U/I) *ARO Each Individual Order

B. The ‘Economic Price Adjustment (EPA) Determination’ section is hereby restated as follows:

Economic Price Adjustment (EPA) Determination (Effective after contract award)

Note: The EPA determination will not be considered in the Total Evaluated Price calculations as described under “Evaluation Basis for Award.”

1. Price Subject to Adjustment (PSA) is for direct material cost (Basic Steel) only. The offeror shall provide vendor quotes, purchase orders, etc. to support the PSA for each option period as this will be used as the baseline cost from which adjustments shall be made. Please see FAR 16.203-4(c)(4)(ii) and the CLIN Schedule for additional guidance.

In order to establish the Steel structural product baseline costs involved, the offeror shall provide the basis for the PSA as proposed in the contract Schedule. The offeror must provide vendor quotes, purchase orders, etc. for the various types/dimensions/strengths of Steel as well as the applicable weightings and related calculations upon which the proposed PSA is based. It is incumbent upon the offeror to adequately support its PSA. (Note – This information can be provided as a separate attachment to your proposal.) The intent of this adjustment is to protect either the contractor or the Government against significant economic fluctuations in the stated material costs which are beyond the contractor’s control.

2. Pursuant to the terms of this clause, the PSA for Steel structural product costs for Firm Fixed Price CLINs (production quantities only) in the Schedule, for Option Years I – IV (CLINs 1001, 2001, 3001 and 4001) shall be subject to an upward or downward adjustment to account for economic fluctuations that differ from those initially proposed by the contractor.

3. All computations of the EPA shall be rounded to two decimal places for unit prices. For example, if the adjusted material costs results are $75.513, then material costs of $75.51 will be used in the computations and incorporated into the contract.

4. Within 60 days of issuance of each Delivery Order under Option Years I – IV, the CONTRACTOR shall calculate the amount of any EPA and submit a Proposal Adjustment (PA) representing the requested adjustment and delivery order date. The contractor must disclose all computations to the Procuring Contracting Officer (PCO), as well as the actual invoices, that support the PA. The Government reserves the right to use other available data to validate the PA. In the event the Contractor purchases Steel structural products in excess of the baseline unit quantity required for manufacture as stated in the Schedule, only the unit Quantity/Quantities stated in the Basic Contract’s Schedule will be used in the computations. The PA shall clearly represent the increase or decrease to the Schedule PSA (applicable to orders under Option Years I-IV) and include the actual vendor invoices to include applicable quantity of Steel structural products procured, along with the unit price. Any EPA resulting from these calculations shall be incorporated into the delivery order by supplemental agreement by adjusting the “Price Subject to Adjustment”, which in turn shall result in a new total unit price for that delivery order. The PSA identified in Option Years I – IV is the baseline proposal for all delivery orders in that period and shall not be updated to reflect a new unit price.

5. If the change in the PSA is equal to or greater than .0300 (3.00%), the new PA shall go into effect and the Delivery Order shall be modified to reflect the new unit price for that delivery order. If the increase or decrease is equal to or less than .0299 (2.99%), the price identified in the Schedule for that option period and CLIN will remain in effect and no change shall occur to the Schedule. The contractor shall clearly demonstrate the increase or decrease using the following methodology:

∆ in percentage of “Price Subject to Adjustment” = (A - U) / U

Where:

U = PSA Identified in Schedule for Specific Period of Performance

A = PA as verified by data submitted by Contractor

∆ = Change

6. The contracting officer shall determine the increase or decrease based on the actual vendor invoices submitted and other supporting information. FAR 52.216-4 limits the PCO authority to a 10% increase for an upward economic price adjustment; however, the Government is not limited to 10% when there is a decrease to material costs exceeding .0300 (3.00%). In the event the parties fail to agree on the amount of adjustment, the PCO shall make a final determination that may be appealed in accordance with the “Disputes” clause. If no adjustment is required, the contractor shall state this fact in writing to the PCO at the time the computations are submitted. The contractor shall submit computations even though the results do not indicate an increase or decrease in cost.

EXAMPLE (for illustration purposes only)

Example of EPA Increase Step 1: Contracting officer identifies the baseline costs in the basic contract and new costs in the contractor’s PA proposal.

Contract Schedule :

U/I Price Subject to Adjustment

(PSA)

(Note 1)

Price Not Subject to

Adjustment (Note 2)

Total Unit Price

Structural Product Material (Identified Below)

QTY

(Feet)

Price Total

Steel Feet 100 $1.00 $100

Unit Price EA $100 $20,000 $20,100

Economic Price PA submitted by Contractor:

U/I Contractor's Proposed

Adjustment (PA) (Note 1)

Price Not Subject to

Adjustment (Note 2)

Adjusted Unit Price

Structural Product Material (Identified Below)

QTY

(Feet)

Steel Feet 100 $1.08 $108

Unit Price EA $108 $20,000 $20,108

NOTE 1: Per FAR 16.203-4(c)(4)(ii), when adjustments are made, they shall not include indirect cost or profit.

Step 2: Contracting officer reviews the contractor’s PA.

Adjustment calculation:

A = $108 U = $100 ∆ = ($108 - $100)/$100 8.00%

8.00% is >3.00% therefore EPA is applicable.

Step 3: Contractor’s proposal meets the condition for a price increase. A modification to the delivery order is issued for the adjusted unit price identified in Step 1.

Example of EPA Increase Capped at 10% Step 1: Contracting Officer identifies the baseline costs in the basic contract and new costs in the contractor’s PA proposal.

Contract Schedule:

Price Subject to Adjustment

(PSA)

(Note 1)

Price Not Subject to

Adjustment (Note 2)

Total Unit Price

Structural Product Material (Identified Below)

QTY

(Feet)

Steel 100 $1.00 $100

Contractor's Proposed

Adjustment (PA) (Note 1)

Price Not Subject to

Adjustment (Note 2)

Submitted Unit Price

Structural Product Material (Identified Below)

QTY

(Feet)

Steel 100 $1.25 $125

Unit Price EA $125 $20,000 $20,125

Note 1: Per FAR 16.203-4(c)(4)(ii), when adjustments are made, they shall not include indirect

Note 2: Include all remaining unit costs and profit not proposed under the PSA.

Step 2: Contracting officer reviews the contractor’s PSA.

A = $125 U = $100 ($125 - $100)/$100 ∆ = 25.00%

25.00% is >3.00% therefore EPA is applicable.

Maximum OVERALL % is 10% therefore EPA will be 10%

Actual Adjustment made by PCO:

U/I Adjustment made by PCO Price Not Subject to

Adjustment

Adjusted Unit Price

QTY Price Total

$110 $20,000 $20,110

25.00% is > 3.00%; therefore, EPA is applicable However, the maximum OVERALL % allowable is 10%; therefore, EPA will be 10% U = $100 Maximum allowable 10% $100 x 10% = $10 $100 + $10 = $110

Step 3: Contractor’s proposal meets the conditions for a price increase. A modification to the delivery order is issued for the adjusted unit price calculated at 10%.

Example of EPA Decrease Step 1: Contracting officer identifies the baseline costs in the basic contract and new costs in the contractor’s PA proposal.

Contract Schedule :

U/I Price Subject to Adjustment

(PSA)

(Note 1)

Price Not Subject to

Adjustment (Note 2)

Total Unit Price

Structural Product Material (Identified Below)

QTY

(Feet)

Price Total

Steel Feet 100 $1.00 $100

Contractor's Proposed

Adjustment (PA) (Note 1)

Price Not Subject to

Adjustment (Note 2)

Adjusted Unit Price

Structural Product Material (Identified Below)

QTY

(Feet)

Steel Feet 100 $.95 $95

Unit Price EA $95 $20,000 $20,095

NOTE 1: Per FAR 16.203-4(c)(4)(ii), when adjustments are made, they shall not include indirect

Step 2: Contracting officer reviews the contractor’s PSA.

A = $95 U = $100 ∆ = ($95 - $100)/$100 (-5.00%) – absolute value = 4.95%

5.00% is >3.00% therefore EPA is applicable.

Step 3: Contractor’s proposal meets the condition for a price decrease. A modification to the delivery order is issued for the adjusted unit price identified in Step 1.

C. Paragraph (d) of the ‘Evaluation Basis For Award Information’ section is hereby restated as follows:

SECTION M – EVALUATION BASIS FOR AWARD INFORMATION

d) Cost/Price Proposal. The offeror's Cost/Price proposal will be evaluated for reasonableness and balance. See paragraphs (i) and (ii) below. Total Evaluated Price will be calculated in accordance with paragraph (iii) below.

(i) Reasonableness: The existence of adequate price competition is expected to support a determination of reasonableness. A separate determination of reasonableness will be made on the proposed baseline unit price and quantity for steel structural products to be procured for each CLIN (Reference contractor’s response to Economic Price Adjustment (EPA) Determination Clause). Price analysis techniques may be used to further validate price reasonableness. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government obtained information, additional information in accordance with FAR 15.4 may be required to support the proposed price.

(ii) Balanced Pricing: Offerors are cautioned against submitting an offer that contains unbalanced pricing.

The proposed baseline unit price and quantity for steel structural products will be evaluated for balance, as well.

(Reference contractor’s response to Economic Price Adjustment (EPA) Determination Clause). Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of proposal analysis techniques. The Government shall analyze offers to determine whether there are unbalanced separately priced line items or sub-line items. Prices submitted will be compared and evaluated to assure that a logical progression exists as related to price and quantity changes within each offeror’s response to the pricing structure in the Schedule. Offers that are determined to be unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.

(iii) Total Evaluated Price (TEP): The Government will utilize the following methodology to determine the TEP of each proposal. The TEP will be calculated for evaluation purposes only and will be calculated as follows:

(a) The evaluated price for each CLIN and Sub-CLIN including the Basic and Option periods (excluding CLINs 1001, 2001, 3001, and 4001) will be calculated by multiplying the proposed unit price by the corresponding BEQ.

(b) The evaluated price for CLINs 1001, 2001, 3001, and 4001 will be calculated by adding the proposed Price Subject to Adjustment (PSA) and the proposed Price Not Subject to Adjustment to arrive at the proposed Total Unit Price. The proposed Total Unit Price will then be multiplied by the corresponding BEQ.

(c) The sum of all the CLINs BEQ evaluated prices (Basic Year and all Options) will represent the Total Evaluated Price. Offerors are reminded that the evaluation of options shall not obligate the Government to exercise the options. The TEP will be calculated as follows:

ILLUSTRATION ONLY

CLIN NOUN QTY/BEQ Price Subject to Adjustment

Price Not Subj to Adj

Total Unit Price

Total Price

Material Qty (ft) Price Total

000X FA – NRE 1 LO $1,000 $1,000

000X FA –

Recurring Cost

1 LO $1,000 $1,000

000X Test Plan 1 LO $ 500 $ 500 000X Test

Procedures

1 LO $ 500 $ 500

100X Production 10 EA

Steel

100 ft

$10.00

$1,000

$2,000 $3,000 $30,000

100X Data 1 LO

$1,000 $1,000

Total Evaluated Price $34,000

D. All other terms and conditions remain the same.