2011-04-18 Amd 0007.pdf

NSN 7540-01-152-8070 30-105 STANDARD FORM 30

(REV. 10-83)PREVIOUS EDITION UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

See Block 16C

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE

DLA Energy EBA

SP0600 7. ADMINISTERED BY (If other than Item 6)

CODE

8725 JOHN J. KINGMAN ROAD, SUITE 3830

FT. BELVOIR, VA 22060-6222 FAX (703) 767-8506

John Hildreth/DLA Energy/EBA/john.hildreth@dla.mil

PHONE (703) 767-9399 P.P. 8.2

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

X

9a. AMENDMENT OF SOLICITATION NO.

SP0600-09-R-0806

9b. DATED (SEE ITEM 11) 12 Feb 2009

10a. MODIFICATION OF CONTRACT/ORDER NO.

10b. DATED (SEE ITEM 13)

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 Offers [] is extended, [X] 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 __1__ 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. I2.05 CHANGES-FIXED PRICE (AUG 87)

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: FAR 43.01 OTHER (Specify type of modification and authority) E. IMPORTANT: Contractor [ ] is not, [ x ] is required to sign this document and return __1__ copies to the issuing office.

13. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter w

See following pages

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

16A. NAME OF CONTRACTING OFFICER

Laura J. Carlson

15B. NAME OF CONTRACTOR/OFFEROR

BY

(Signature of person authorized to sign)

15C.DATE

SIGNED

16B. UNITED STATES OF AMERICA

BY

(Signature of Contracting Officer)

16C.DATE SIGNED

February 10, 2011

SP0600-09-R-0806 Page 2 of 5 Minot AFB, ND Amendment 0007

The purpose of Amendment 0007 to RFP SP0600-09-R-0806 is to update the following:

a) Delete Section C.8, Repair Response Procedure, in its entirety and replace with the most current version.

b) Delete H.10, Interest Allowability of Capital Investment, in its entirety and replace to replace language deleted in Amendment 5 and correct web site.

c) Incorporate Federal Acquisition Regulation (FAR) Clauses 52.209-5 Certification Regarding Responsibility Matters, 52.209-7 Information Regarding Responsibility Matters, and 52.209-9 Updates of Publically Available Information Regarding Responsibility Matters.

d) Delete Section L.2.1.2, Point of Contact, in its entirety and replace it with the most current version.

e) Delete Section L.6.2.1, Waiver of Applicability of Cost Accounting Standards and Deviations from Specific Parts of Federal Acquisition Regulation (FAR) Part 31, in its entirety and replace with the most current version.

Accordingly Solicitation SP0600-09-R-0806 is amended as follows:

1. Delete Section C.8, Repair Response Procedures, in its entirety and replace with the following:

C.8 Repair Response Procedures

The Contractor shall identify to the Government and implement clearly defined procedures by which Installation personnel can submit service requests to the Contractor. The Contractor also shall clearly identify any difference in service request procedures that apply to routine, urgent, and emergency matters. The Government will be responsible for disseminating such procedures within the Installation. The Contractor shall provide a local or toll-free telephone number by which it can be contacted 24 hours a day, 7 days a week, for service requests. This number will connect the Government to a local dispatcher or equivalent supervisor capable of estimating Contractor repair crew arrival time. The Contractor will assign “emergency”, “urgent”, or “routine” designations when contacted by the Government with a service call in accordance with the defined procedures.

The Contractor shall maintain records of all service request calls, documenting the time of the call, time of service response, cause of request, and action taken (including time and date completed). Such records shall be retained for 2 years, and may be reviewed by the Contracting Officer upon reasonable notice.

If the request affects building operations, the Contractor shall coordinate all work with the person responsible for the building or facility. The Government will provide the Contractor with a list of Government representatives and the buildings or facilities for which they are responsible.

2. Delete H.10 Interest Allowability of Capital Investment in its entirety and replace with the following:

SP0600-09-R-0806 Page 3 of 5

Amendment 0007

H.10, Interest Allowability of Capital Investment

Pursuant to the DoD Class Deviation signed March 31, 2011 and as determined by the Contracting Officer, the Contractor will be permitted to recover its interest costs associated only with capital expenditures to acquire, renovate, replace, upgrade, and/or expand utility systems.

Interest rates used to calculate allowable interest costs must be limited to 600 basis points above the Contract Disputes Act (CDA) interest rate (41 U.S.C. 611) in effect at the time the contractor makes the capital expenditure. The contractor shall not receive facilities capital cost of money under FAR 31.205-10. CDA interest rate(s) are determined by the Bureau of the Public Debt and are published at the following website: http://www.fms.treas.gov/prompt/index.html.

3. Incorporate the following FAR Clauses into Section I, FAR Clauses:

FAR Paragraph Clause Title IAW Date

52.209-5

Certification Regarding Responsibility Matters

FAR 9.104-7(a)

Apr 2010

52.209-7

Information Regarding Responsibility Matters

FAR 9.104-7(b)

Jan 2011

52.209-9 Updates of Publically Available Information Regarding Responsibility Matters

FAR 9.104-7(c) Jan 2011

4. Delete Section L2.1.2, Point of Contact, in its entirety and replace with the following:

L.2.1.2 Point of Contact The Procuring Contracting Officer (PCO) is the sole point of contact for this acquisition.

Address any and all questions or concerns in writing to the PCO no later than 30 days prior to the Proposal Due Date.

Name: Laura J. Carlson

Address: 8725 John J. Kingman Road, Suite 3830; ATTN: DESC-EB

City, State, Zip Code: Fort Belvoir, VA 22060-6222

Fax no: 703-767-2382

E-mail: Laurie.Carlson@dla.mil mailto:Laurie.Carlson@dla.mil�

SP0600-09-R-0806 Page 4 of 5

Amendment 0007

5. Delete Section L.6.2.1, Waiver of Applicability of Cost Accounting Standards and Deviations from Specific Parts of Federal Acquisition Regulation (FAR) Part 31, in its entirety and replace with the following:

L.6.2.1 Waiver of Applicability of Cost Accounting Standards and Deviations from Specific Parts of Federal Acquisition Regulation (FAR) Part 31

L.6.2.1.1 Cost Accounting Standards (CAS) Waiver Offerors otherwise subject to CAS (See FAR Part 30 and FAR 52.230-1), who seek to have the utilities privatization CAS waiver allowed by the Cost Accounting Standards Board1 applied to any resultant contract must submit the following information in writing as part of the proposal:

1. Certification that the business segment offering will not, at the time of award, be performing on any other contract that is subject to Cost Accounting Standards;

2. Disclosure of the Offeror’s established accounting practices for allocating costs to contracts for which CAS has been waived; and

3. Certification that offeror will consistently use the disclosed practices to prepare current and future pricing.

Additionally, all the following provisions must be met for the CAS Waiver to be applied:

1. The contract type must be Firm-Fixed Price (FFP), Fixed-Price with Economic Price Adjustment (FPEPA), or Fixed-Price with Prospective Price Redetermination (FPPPR).

2. Cost or Pricing Data as defined in the FAR was not obtained during the award process.

3. Accounting practices used must be disclosed and comply with those laid out in Clause G.4.2.

4. Contractor agrees that adjustments to contract pricing can be made by the Government if accounting practices disclosed are not used (see Clause G.4., Price Adjustment For Noncompliance with Accounting Procedure).

5. Any resulting contract includes FAR Clause 52.215-2.

6. For FPPPR contracts, statutorily unallowable costs and costs typically not allowed by cognizant

State regulatory bodies (as applicable) are not used for price redetermination (see Clause I.2).

L.6.2.1.2 FAR Part 31 Deviation Offerors seeking a waiver from any otherwise applicable FAR Part 31 provisions, as permitted by the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics (OUSD-AT&L) deviation dated March 31, 20112

, must provide the following information and the following criteria must be met:

1. FAR 31.205-20 Interest and Other Financial Costs.

a. A description as to why allowing costs otherwise disallowed by the cost principle will significantly reduce the costs to the Government under any resulting contract or price adjustment.

b. Interest costs must be directly related financial costs incurred to obtain loans or borrow capital from third-party financial institutions and are reasonable.

1 A copy of the UP CAS Waiver can be found at https://www.desc.dla.mil/DCM/DCMPage.asp?pageid=246 - click the “Utility Privatization Resources and Helpful Links” link.

https://www.desc.dla.mil/DCM/DCMPage.asp?pageid=246�

SP0600-09-R-0806 Page 5 of 5

Amendment 0007

2. FAR 31.205-41 Taxes

a. For Federal Income Tax directly related to a Contribution in Aid of Construction (CIAC) Tax, an offer should be constructed in a manner to ensure no such tax liability is incurred. However, if, prior to award, a CIAC liability is identified, the offer shall notify the Contracting Officer and provide a written description as to why the liability exists, the amount of the liability, and why an offer cannot be structured to eliminate the tax.

b. The allowable portion of any CIAC obligation would be limited to the portion of the actual CIAC tax attributable to the difference between:

i. The fair market value determinations of the Government using a generally accepted valuation methodology, and

ii. The fair market value determination of the Internal Revenue Service in assessing the tax.

c. Please refer to Section H, Contribution in Aid of Construction (CIAC) Tax Liability, for CIAC obligations arising after contract award.

3. General Deviation from FAR Part 31

a. The following criteria must be met in order for a waiver to be granted:

i. Offeror must request a waiver from FAR Part 31, or a specific part of FAR Part 31, and provide a rationale as to why it is in the best interest of the Government to do so.

ii. The contract contemplated must be FFP, FPEPA, or FPPPR and include FAR Clause 52.215-2.

iii. The offer must be either exempt from CAS or have CAS requirements waived for the contract.

iv. The initial fixed-price, fixed-price with economic price adjustment or fixed-price with price redeterminations must:

1. Meet the limitations for any deviation granted from FAR 31.205-20, Interest and other financial costs;

2. Meet the limitations specified for any deviation granted from FAR 31.205-41 Taxes;

3. Exclude costs listed in 10 U.S.C. § 2324(e); and

4. If a regulated entity, exclude costs typically consider to be unallowable by the cognizant State regulatory body.

2 A copy of the Class Deviation can be found at https://www.desc.dla.mil/DCM/DCMPage.asp?pageid=246

– click the “Utility Privatization Resources and Helpful Links” link.

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

https://www.desc.dla.mil/DCM/DCMPage.asp?pageid=246�

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