Amendment5.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

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

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 11)

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 your 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 APPROPIRATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE 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.

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

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

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

Amendment #5 Solicitation NIHOD2008052

Three changes have been made to the solicitation and are below.

1. ARTICLE C.1 Sections B.4 and B.5 have been deleted and replaced with the below. Changes to the Sections are in bold.

B.4. Compensation and Fee Collections

The Contractor shall be paid a fixed monthly payment per B.2 of the contract.

Invoices submitted monthly by the Contractor for payment of parking services shall contain pricing information by each of the designated parking areas.

In addition, the Contractor will be entitled to reimbursement for any parking equipment authorized for purchase under Time and Materials line item 12. These reimbursements are for the purchase and /or upgrading of existing equipment as well as labor. No equipment of this nature will be purchased except those discussed and approved by the Project Officer, and that at least three price quotes will be obtained before making any purchase. When equipment is purchased, this will be a separate line item on each monthly invoice submitted. The Contractor will indicate if the purchase is either for Employee or Visitor Lot. The amount of the reimbursement payments will not exceed $100,000.00 per year for Employee Lots.

Visitor Lot expenses, this includes monthly maintenance and operations, will be deducted from total monthly Revenues Collected.

The Contractor shall collect all parking fees from users of the visitor parking facilities subject to specific approval of NIH both as to the amounts charged and to which users of the Parking Facilities shall be charged a parking fee.

The Contractor shall establish and maintain at a chartered bank (Federally Insured) a deposit account (the Deposit Account), referred to herein respectively as the Deposit Account. Funds in the Deposit Account shall bear interest to the extent feasible. Each Deposit Account shall be a segregated account and no sums except Revenues (as defined below) and interest thereon shall be deposited in the Deposit Account. Funds in the Deposit Account may be withdrawn only as provided in the contract.

Revenues shall be placed in the Deposit Account as provided herein. Revenues shall mean all parking fees and all other amounts collected by Contractor from or in connection with the Parking Facilities, whether in cash, by check, by credit card, or otherwise, and all proceeds of any checks, credit card charges, or other receipts.

All Visitor Lots revenues shall be deposited into the Deposit Account not later than the 2nd business day following collection of such Revenues. The Contractor will withdraw from the Deposit Account on a monthly basis. The contractor shall retain revenues associated with the cost of operating and maintaining the visitor lots to include purchase of new parking equipment/supplies needed to operate.

Any revenue collection associated with Visitor Lot in excess of monthly costs will be paid to US Treasury via the National Institutes of Health to be included with the monthly invoice. The contractor shall not retain any excess revenues nor use excess revenues to offset operating cost of Employee Lots.

Employee Lots, both equipment purchases and monthly costs, shall not be offset by any revenues collected from Visitor Lots. Visitor Lots, both equipment and monthly costs, shall be offset by collected revenues. Visitor Lot expenses not fully offset by collected revenues shall be invoiced to the NIH. For example, MLP 11 invoiced at $10K per month and $9Kwas collected for the month of September. The contractor would deduct $9Kfrom the invoice and charge $1,000 to NIH. Another example is MLP 11 invoiced at $10K per month and $11K was collected in revenues. NIH would not be charged for that month and the extra $1K would be sent to NIH to be sent to the Treasury or used to offset another Visitor Lot for that month. That extra $1K will not be kept by the contractor nor used to offset an Employee Lot.

Within ten (10) days of the end of each contract year, unless NIH shall otherwise instruct the Contractor in writing, the Contractor shall pay NIH the cumulative balance of the Deposit Account less income taxes payable by Contractor on interest earned in the Deposit Account during the period for which payment is being made on the amounts deposited in Deposit Account; provided that at the request of the Contractor, if this contract has not expired or terminated, NIH shall agree in writing to permit an agreed amount to remain in the Deposit Account to fund reasonably anticipated deficits in the amount of Monthly Fees or other amounts payable out of the Deposit Accounts.

The Government may, without advance notice to the contractor, require that an independent audit be conducted, or in the alternative, the Government may perform an audit, on the revenue collection process, monies received and deposited, and withdrawals into and out of the Deposit Accounts.

B.5. Maintenance of Current Parking Equipment and Installation of New Equipment

The Contractor shall maintain the current equipment owned by the NIH and install or upgrade any equipment as required at the direction of the project officer. All such equipment, installations and improvements are referred to herein as the "Parking Equipment." All such equipment and other materials incorporated into the Parking Equipment shall be new and all work shall be performed in a good and workmanlike manner. All such equipment and installations shall be installed and maintained by the Contractor, at its initial expense, in good working order. The Parking equipment shall be covered by standard industry warranties as applicable.

The Contractor shall furnish parking equipment, subject to reimbursement under CLIN 12. The parking equipment shall be owned by the contractor; until paid in full by the government under CLIN 12. Upon full payment, ownership of the parking equipment shall vest in NIH, free and clear of all liens and security interests. At NIH's request, the contractor shall execute and deliver such bills of sale and deeds as are necessary or appropriate to confirm the vesting of such ownership in Parking Equipment at NIH. At the end of the normal useful life of any Parking equipment (and provided the Contractor has properly maintained such equipment during its normal useful life), the Contractor may propose and the parties shall agree to an amendment to this Agreement whereby such Parking Equipment shall be replaced at NIH's expense pursuant to mutually satisfactory terms and conditions. No purchases will occur or monies be applied without the discussion/approval and concurrence by the Project Officer.

2. ARTICLE C.8 has been deleted and replaced with the below. Changes to the

Article are in bold.

ARTICLE C.8 Invoice Submission

a. Invoice Instruction for NIH Fixed-Price Type Contracts, NIH(RC)-2, are attached and made part of this contract (See Attachment # 5). The Contractor shall follow the attached instructions and submission procedures specified below to meet the requirements of a "proper invoice” pursuant to FAR Subpart 32.9, Prompt Payment and shall invoice on a monthly basis.

(1) Payment requests shall be submitted as follows:

(a) One original to the following designated billing office:

National Institutes of Health Office of Financial Management Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500

(b) One copy to the following approving official and project officer:

Contracting Specialist National Institutes of Health Office of the Director Office of Acquisitions (OLAO) Branch 3 6011 Executive Boulevard, MSC 7663 Bethesda, MD 20892-7663 E-mail: banzonr@od.nih.gov (please cc: worshamz@od.nih.gov)

Project Officer

TBD

The Contractor shall submit an electronic copy of the payment mailto:Muellerl@mail.nih.gov request to the approving official/project officer in lieu of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the address listed above in a format compatible with the computer systems at NIH [e.g., MS Word, MS Excel, or Adobe Portable Document Format (PDF)]. (Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a “proper invoice.”)]

(2) In addition to the requirements specified in FAR Subpart 32.9 for a proper invoice, the Contractor shall include the following information on all payment requests:

(a) Name of the Office of Acquisitions. The Office of Acquisitions for this contract is OLAO Branch 3.

(b) Central Point of Distribution. For the purpose of this contract, the Central Point of Distribution is oaolaob3@mail.nih.gov.

(c) Vendor Identification Number. This is the 7 digit number that appears after the Contractor’s name in Block 7 of Standard Form

26. (Note: This only applies to new contracts awarded on/after June 4, 2007, and any existing contract modified to include the number.)

(d) DUNS number or DUNS+4 that identifies the Contractor’s name and address exactly as stated on the face page of the contract.

(e) Identification of whether payment is to be made using a two-way or three-way match. This contract requires a three-way match.

(f) All invoices will be categorized into Employee Lots and Visitor

Lots with the appropriate lots and fees associated with each Visitor Lot.

(g) Visitor Lot revenue collected will be shown as a separate line item under Visitor Lots.

(h) Inquires regarding payment shall be directed to the designated billing office, (301) 496-6088.

No other changes occur as a result of this amendment.

Office of Acquisitions (OLAO) 6011 Executive, Room 541D Bethesda, MD 20892-7663

Contract Specialist 301-402-0716 banzonr@od.nih.gov