Amendment_1-Page_25_Rev.pdf

CONTINUATION SHEET FOR:

STANDARD FORM 1449

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

HSCG84-14-R-BHQ044

(ae) FAR 52.246-17 - Warranty of Supplies of a Noncomplex Nature (June 2003)

(b) Contractor’s obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for 12 months after delivery.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph

(b)(1) of this clause within 30 days.

(af)Economic Price Adjustment (EPA) for # 2 Diesel Fuel

(1) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustments are provided under this clause.

(2) The following Contract Line Items (CLINs) and their respective unit prices are subject to an EPA for that portion of the CLIN unit price as shown that is subject to the EPA for #2 diesel fuel. NOTE: Attachment 3 (EPA

Table for Diesel Fuel # 2) is provided for prospective offerors to complete. Prospective offerors shall specify the

CLINs unit prices (from the Schedule of Supplies/Services on pages 6-15) and the portion of each CLIN unit price that is subject to the EPA for #2 Diesel Fuel in the columns designated on Attachment 3 (EPA Table for Diesel

Fuel # 2).

Base Period: CLINs 00001-00029

Option Period One: CLINs 10001-10029

Option Period Two: CLINs 20001-20029

Option Period Three: CLINs 30001-30029

Option Period Four: CLINs 40001-40029

(3) An adjustment will be based on the U.S. Department of Labor, Bureau of Labor Statistics (BLS), Producer

Price Index for Fuels and related products and power, #2 diesel fuel, Series ID WPU057303. If for some reason the Index is no longer available, the Contracting Officer will designate a comparable indicator to replace the Index.

(4) Beginning at the end of the Base Period and at the end of each subsequent Option Period, the Index will be monitored to see if any adjustment is required. The Government reserves the right to calculate an adjustment if the

Index decreases by 3% or more for the affected performance period. No upward adjustment, for the next affected performance period, shall be made to the unit prices until requested in writing (with a detailed cost breakdown) by the Contractor; the written request (with detailed cost breakdown) from the Contractor shall be received no later than 30 days prior to expiration of current contract performance period. No requests for adjustment shall be accepted if received less than 30 days prior to expiration of current contract performance period. The aggregate of the increases in any CLIN unit price made under this clause shall not exceed sixty (60) percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(5) The CLINS identified in subparagraph (2) will be adjusted to the nearest cent prior to the start of each option period of the contract, based on the percentage change (up or down) of the Index.

(i) The initial adjustment shall be based on the change in the Index between the average index for August, September, and October 2013 and the average index for May, June, and July 2014.

(ii) Subsequent adjustments shall be based on the change in the Index between the average index for May, June and July of the previous calendar year and the average index for May, June and July of the same calendar year.

(6) Percent changes in Producer Price Indexes shall be calculated on data with the base 1982 = 100 unless the Bureau of the Labor Statistics publishes data on a new base from that time forward.

(7) If July data is not available for any year, the three months with the most recently published data before July shall be used as the basis for adjustment. If July data becomes available for the subsequent year, the selling price shall be increased or decreased by the percent change between the Index for whatever month was used in the previous year and the July Index for the current year.