Amd 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

K

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

15 March 2010

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE

DEFENSE ENERGY SUPPORT CENTER

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

CODE

8725 JOHN J. KINGMAN ROAD, SUITE 4950

FT. BELVOIR, VA 22060-6222 FAX (703) 767-9490

BUYER/SYMBOL: Caitlin Quinn/DESC-EB

PHONE (703) 767-5182 P.P. 8.2

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

X

9a. AMENDMENT OF SOLICITATION NO.

SP0600-10-R-0801

9b. DATED (SEE ITEM 11)

18 FEBRUARY 2010

10a. MODIFICATION OF ONTRACT/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.

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

See following pages.

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.

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

16A. NAME OF CONTRACTING OFFICER

Lisa Goins-Berntsen

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

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Prescribed by GSA

SP0600-10-R-0801

Little Rock, AFB, AR Amendment 0001 2

The purpose of this amendment is to incorporate the following changes into subject solicitation:

A) SECTION B: Under Section B.6.1.1., delete Clause ECONOMIC PRICE

ADJUSTMENT-PRICE INDEX UTILITY PRIVATIZATION (DESC B.19.40

OCT 2003) in its entirety and replace it with the following: INT-B19.40

ECONOMIC PRICE ADJUSTMENT-PRICE INDEX UTILITY

PRIVATIZATION (DESC OCT 2003).

B.6.1.1 INT B19.40 ECONOMIC PRICE ADJUSTMENT – PRICE INDEX UTILITY PRIVATIZATION

(DESC OCT 2003)

(a) The Contractor warrants that the contract prices do not include any amounts to protect against increases covered by this clause.

(b) DEFINITIONS. As used herein,—

(1) Base price means the price for the Utility Services Charge under CLIN 0001 as identified in the contract Schedule B-2. For the first Economic Price Adjustment, the Base price shall be the original awarded Utility Services Charge. For subsequent annual Economic Price Adjustments, the Base Price for each Adjustment shall be the Utility Services Charge in effect immediately prior to that adjustment.

(2) Index means the Consumer Price Index for all Urban Consumers (CPI-U) reported in the publication, “Consumer Price Index – CPI,” published by the U.S. Department of Labor, Bureau of Labor Statistics for South Urban, CUUR0300SA0, CUUS0300SA0.

(3) Base index is the CPI-U annual Regional Average Index for South Urban as follows:

(i) For the first Economic Price Adjustment, for calendar year ____.[NOTE: This will be filled in at contract award to reflect the last full calendar year for which the index is/will be available at the time that final proposal revisions were due.]

(ii) For subsequent annual Economic Price Adjustments, the Base Index shall be the “Current Price Index” utilized in calculating the immediately preceding Economic Price Adjustment.

(4) Current price index is the CPI-U annual Regional Average Index for South Urban for the last full calendar year immediately preceding the year in which the annual adjustment occurs, with adjustments effective on the anniversary of the Contract Start Date.

(5) Adjustment amount shall be the product of the rate of change from the base index to the current index, multiplied by 100 percent of the base price.

(6) Adjusted price means the sum, rounded to two decimal places, of the base price plus the instant adjustment amount.

(c) It is hereby agreed that—

(1) The prices payable under this contract shall be subject to a prospective annual adjustment, which will be accomplished promptly following publication of the applicable index.

(2) Adjustments to the base price shall be determined by calculating the percentage of change from the base index, as stated in paragraph (b)(3) of this clause, to the current price index, as defined in paragraph (b)(4) of this clause. Adjustments to the base price shall not be compounded.

(3) Adjustment calculations under this clause are exemplified below.

Assume:

Index Northeast urban; CUUS0100SA0, CUUR0100SA0

(CONSUMER PRICE INDEX – ALL URBAN

Amendment 0001 3

CONSUMERS; ALL ITEMS; NOT SEASONALLY

ADJUSTED)

Base Price $10,000 per month Current Index 229.306 (2008 Annual) Base Index 220.512 (2007 Annual)

Calculate rate of change ((current index – base index) base index) from the index:

((229.306 - 220.512) 220.512) = .0398 or 3.98%

Calculate the adjustment amount (index rate of change x base price):

.0398 X $10,000 = $398.00

Calculate the adjusted price (base price plus adjustment amount):

$10,000 + $398 = $10,398.00 per month

(d) The Contracting Officer shall obtain the current Price Index and calculate the adjusted price.

(e) Adjustments pursuant to this clause shall be made by contract modification showing the calculation of the adjusted contract unit price and specifying its effective date.

(f) No adjustments shall be made unless the total change in the contract amount for the Utility Services Charge exceeds $500.00.

(g) Notwithstanding any other provisions of this clause, no increase(s) in a contract unit price applicable to any annual period of contract performance shall cumulatively exceed the base price for such item by more than 10.00% (ten percent) of the base price for such item. There shall be no percentage limit on downward adjustments under this clause.

(h) In the event--

(1) Any applicable index is discontinued or its method of derivation is altered substantially; or

(2) The Contracting Officer determines that an index consistently and substantially fails to reflect market conditions --the parties shall agree upon an appropriate substitute index and the Contracting Officer shall modify the contract to specify use of such substitute index for determining price adjustments hereunder. The contract shall be modified to reflect such substitute index, effective on the date the index specified in the contract begins to consistently and substantially fail to reflect market conditions. Failure to agree on an appropriate substitute or adjustment shall constitute a dispute under the DISPUTES clause of this contract.

(i) The Contractor shall include a statement on the final invoice that amounts invoiced under this contract reflect all applicable decreases required by the clause.

B) SECTION I: Under Section I.6.4, delete Clause FEDERAL, STATE, AND LOCAL TAXES (DESC AUG 2003) (DEVIATION) in its entirety and replace with the following: INT-I28.01 FEDERAL, STATE, AND LOCAL

TAXES (DESC AUG 2003) (DEVIATION).

I.6.4 INT-I28.01 FEDERAL, STATE, AND LOCAL TAXES (DESC AUG 2003)

(DEVIATION)

(a) As used in this clause--

(1) After-imposed tax means any new or increased Federal, State, or local tax that the Contractor is required to pay or bear the burden of as the result of legislative, judicial, or administrative action taking effect after the contract date.

(2) After-relieved tax means any amount of Federal, State, or local tax that would otherwise have been payable on the transactions or property covered by this contract, but which the

Amendment 0001 4

Contractor is not required to pay or bear the burden of, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.

(3) All applicable Federal and State taxes means all excise taxes that the taxing authority is imposing and collecting on the transactions or property covered by this contract pursuant to written ruling or regulation in effect on the contract date.

(4) Contract date means the date set for bid opening or, if this is a negotiated contract or a modification, the date set for final revised prices.

(5) Local taxes means taxes levied by the political subdivisions of the States, District of Columbia, or outlying areas of the United States, e.g., cities and counties.

(6) Outlying areas means—

(i) Commonwealths. Puerto Rico and The Northern Mariana Islands;

(ii) Territories. American Samoa, Guam, and The U.S. Virgin Islands; and

(iii) Minor outlying islands. Baker Island; Howland Island, Jarvis Island;

Johnston Atoll; Kingman Reef; Midway Islands; Navassa Island; Palmyra Atoll; and Wake Atoll.

(7) State taxes means taxes levied by the States, the District of Columbia, or outlying areas of the United States.

(8) Tax means taxes, duties and environmental or inspection fees, except social security or other employment taxes.

(b) The contract price includes all applicable Federal, State, and local taxes, except as otherwise expressly provided.

(c) The contract price shall be increased by the amount of any after-imposed tax if the Contractor states in writing that the contract price does not include any contingency for such tax.

(d) The contract price shall be decreased by the amount of any after-relieved tax.

(e) The contract price shall also be decreased by the amount of any tax that the Contractor is required to pay or bear the burden of, or does not obtain a refund of, through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer.

(f) The Contractor shall promptly notify the Contracting Officer of all matters relating to any tax that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs.

(g) The Government shall, without liability, furnish evidence appropriate to establish exemption from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption.

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