Amendment_0014.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

March 15, 2013

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO.

(If applicable)

6. ISSUED BY CODE

DEFENSE LOGISTICS AGENCY ENERGY

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

8725 JOHN J. KINGMAN ROAD, SUITE 3830

FORT BELVOIR, VA 22060-6222

BUYER/SYMBOL: Sherry Saurage/DLA ENERGY-FEECB PHONE: (703) 767-7657 E-MAIL: Sherry.Saurage@dla.mil

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

X

9a. AMENDMENT OF SOLICITATION NO.

SP0600-10-R-0808

9b. DATED (SEE ITEM 11) 30 March 2010

10a. MODIFICATION OF CONTRACT 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: FAR 52.243-1(a)(1), Changes – Fixed Price (Alternate I)

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: FAR 43.103(a)

D. 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 Additional Pages for Further Details.

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

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

FARHEENA KHAN

15B. NAME OF CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C.DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C.DATE SIGNED

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

Previous Edition Unusable Prescribed by GSA FAR (48 CFR) 53.243 mailto:Sherry.Saurage@dla.mil

SP0600-10-R-0808

Amendment 0014

A. The purpose of this amendment is to revise Blocks 7 and 8 of the SF33; provide clarification to the revisions included in Amendment 0009 dated May 4, 2012; and revise the RFP as follows:

1. Section C.4.2.2.2 is deleted in its entirety and is replaced (For ease of change identification, changes have been highlighted in yellow).

2. Section C.5.1.2.1, Radiation Causing Devices, is hereby established in Section C.5, Utility System Ownership, Personnel, and Security.

3. Section C.10.6, Environmental Response, is deleted in its entirety and is replaced (For ease of change identification, changes have been highlighted in yellow).

4. Section F.4, 50-Year Performance Period, is hereby established in Section F, Deliveries or Performance.

5. Section G.3, Utility Services Charge Adjustment, is deleted in its entirety and is replaced.

6. Section G.5, Accounting and Appropriation Data, is hereby established in Section G, Contract Administration Data.

7. Section H.4.1, Environmental Liability, is hereby established in Section H.4, Liability.

8. Section I, Contract Clauses, is deleted in its entirety and is replaced (For ease of change identification, changes to clauses have been highlighted in yellow).

9. Section B.6.1.1, ECONOMIC PRICE ADJUSTMENT – PRICE INDEX UTILITY PRIVATIZATION (INT B.19.40 OCT 2003), is deleted in its entirety and is replaced in Section I.6, Other Clauses.

10. Section K, Representations, Certifications, and other Statements of Offerors, is deleted in its entirety and is replaced.

11. Section L.1, FAR 52.252-1: Solicitation Provisions Incorporated by Reference (In Accordance With FAR 52.107[a]) is deleted in its entirety and is replaced.

12. Section L.3.11, Proposal Revisions, is deleted in its entirety and is replaced.

B. Blocks 7 and 8 of the Standard Form 33 are hereby revised as follows (changes in bold):

FROM:

Block 7. Issued by:

DEFENSE ENERGY SUPPORT CENTER

8725 JOHN J. KINGMAN RD, SUITE 3938

FORT BELVOIR, VA 22060-6222

Block 8. Address Offer to:

ATTN: BRENDA J. WHITE, DESC-EA

8725 JOHN J. KINGMAN RD, SUITE 3934

TO:

Block 7. Issued by:

DLA Energy

8725 JOHN J. KINGMAN RD, SUITE 3938

Block 8. Address Offer to:

ATTN: Farheena Khan, DLA Energy FEEA

8725 JOHN J. KINGMAN RD, SUITE 3937

C. Section C.4.2.2.2 is deleted in its entirety and is replaced with the following:

C.4.2.2.2 Certain system components may have third party equipment attached pursuant to a lease or other contractual arrangement between the third party and the installation. The Contractor will take ownership of these components subject to such lease(s), with any revenue continuing to accrue to the installation until the lease(s) expire or are otherwise terminated at the discretion of the installation. Any new lease(s), lease extensions, or other arrangements between the Contractor and any third party to permit attachment of third party equipment to system components must be approved by the installation and may be subject to revenue sharing, all of which must be negotiated with the installation under separate agreement. The Installation considers cellular telephone antennae to be mission-essential equipment and requests for permission by a third party to attach such equipment to the Contractor-owned components shall not be unreasonably withheld, or subjected to unreasonable fees.

D. Section C.5.1.2.1, Radiation Causing Devices, is hereby established as follows:

C.5.1.2.1 Radiation Causing Devices The Contractor shall provide the Government with notice that it has obtained all licenses required by Federal laws and regulations for all licensed or licensable radiation source or byproduct materials and provide the Government copies of the licenses. The Government may deny the use or storage of any radiation source or byproduct material on the Installation.

The Contractor shall comply with the terms of the licenses and all applicable Federal laws and regulations when maintaining, storing, utilizing, and disposing of radiation source or byproduct materials.

E. Section C.10.6, Environmental Response, is deleted in its entirety and is replaced with the following:

C.10.6 Environmental Response The Contractor shall be responsible for accomplishing at no cost to the Government any environmental response required as a result of the Contractor’s activities. The Contractor may be required to perform, but shall not be responsible for the cost of, remediation for preexisting environmental conditions. Unexploded ordnance shall be considered a preexisting environmental condition and shall not be disturbed by the Contractor but, upon discovery, shall be immediately reported to Installation Security and the Contracting Officer’s Representative. The Contractor shall not undertake to move any soil media off-site without the written permission of the Government. This requirement is in effect even if the Contractor does not believe the media is contaminated.

The Contractor shall provide the Government with a copy of all correspondence with environmental regulatory authorities related to enforcement actions or notices of violations within 5 days of receipt or issuance.

The Contractor shall not perform any response, removal, remedial or restoration actions on or affecting the Installation relating to Environmental Requirements without the prior written consent of the Government, except that such prior written consent shall not be required to the extent that prompt action is required to abate an imminent and substantial threat to health, safety and welfare and the Government has been notified of Contractor’s intent to take such actions. Such Government consent will not be unreasonably withheld.

F. Section F.4, 50-Year Performance Period, is hereby established as follows:

F.4 50-Year Performance Period The following table will be completed upon the commencement of utility services.

The dates contained herein are provided as an example.

Year Period of Performance Year Period of Performance 1 01/01/12 – 12/31/12 26 01/01/37 – 12/31/37 2 01/01/13 – 12/31/13 27 01/01/38 – 12/31/38 3 01/01/14 – 12/31/14 28 01/01/39 – 12/31/39 4 01/01/15 – 12/31/15 29 01/01/40 – 12/31/40 5 01/01/16 – 12/31/16 30 01/01/41 – 12/31/41 X 01/01/17 – 12/31/17 X 01/01/42 – 12/31/42 X 01/01/22 – 12/31/22 X 01/01/47 – 12/31/47 25 01/01/36 – 12/31/36 50 01/01/61 – 12/31/61

G. Section G.3, Utility Services Charge Adjustment, is deleted in its entirety and is replaced with the following:

G.3 Utility Services Charge Adjustment The monthly Utility Services Charge will be adjusted in accordance with Section I, INT-B19.40 Economic Price Adjustment – Price Index Utility Privatization (DLA Energy, Jan 2012). This paragraph applies to the monthly Utility Services Charge portion of CLIN 0001 only, and does not apply to any other CLIN unless the contract explicitly states otherwise. However, neither party shall request a change to the monthly Utility Services Charge portion of CLIN 0001 to become effective sooner than one year from the contract start date. This paragraph does not apply to regulated utilities submitting a proposal using Schedule B-1.

Other price adjustments resulting from changed service requirements, at the request of either party to this contract and with reasonable cause, may be negotiated, at any time, in accordance with FAR 52.243-1, Changes -Fixed-Price- Alt 1 or FAR 52.241-7 Changes in Rates or Terms and Conditions of Service for Regulated Services (collectively the “Changes” clauses), whichever is applicable. Price adjustments for noncompliance with accounting procedures shall be in accordance with Section G.4.1.

Any changes to charges, terms, or conditions as a result of negotiations shall be made part of this contract by the issuance of a bilateral contract modification. The failure of the parties to agree upon any change after a reasonable period of time shall be a dispute under the Disputes clause as defined in Section I.

H. Section G.5, Accounting and Appropriation Data, is hereby established as follows:

G.5 Accounting and Appropriation Data Summary for the Payment Office

To be determined at Contract Award

I. Section H.4.1, Environmental Liability, is hereby established as follows:

H.4.1 Environmental Liability The Contractor shall indemnify, defend, save, and hold the Government harmless against any and all judgments, expenses, liabilities, claims, and charges of whatever kind or nature, resulting from the Contractor’s failure to comply with Section C.10, Environmental Compliance. Such indemnification shall include, but is not limited to, any costs or claims arising from, or related to, any damage to property, or injury to, or death of, a person to the extent that the Contractor’s failure to comply with Environmental Requirements and/or management of contaminated materials caused, or contributed to, such damage, injury, or death. The Contractor shall not be required to indemnify the Government for Losses that are both caused by pre-existing environmental conditions and not caused by the negligence, misconduct, or recklessness of the Contractor.

J. Section I, Contract Clauses, is deleted in its entirety and is replaced with the following:

Section I

Contract Clauses

In the event of any inconsistencies between non-mandatory FAR and DFARS clauses incorporated by reference herein or elsewhere and any clauses set forth in full text in this Contract, the full text clauses shall control.

I.1 FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

http://farsite.hill.af.mil http://www.acquisition.gov/

(End of Clause) http://www.acquisition.gov/

I.2 FAR Clauses

The following FAR clauses are incorporated by reference:

FAR Paragraph

Clause Title

IAW

Date

52.202-1

Definitions

FAR 2.201

Jan 2012

52.203-3

Gratuities

FAR 3.202

Apr 1984

52.203-5

Covenant Against Contingent Fees

FAR 3.404

52.203-6

Restrictions on Subcontractor Sales to the Government

FAR 3.503-2

Sep 2006

52.203-7

Anti-Kickback Procedures

FAR 3.502-3

Oct 2010

52.203-8

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

FAR 3.104-9(a)

Jan 1997

52.203-10

Price or Fee Adjustment for Illegal or Improper Activity

FAR 3.104-9(b)

52.203-11

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

FAR 3.808(a)

Sep 2007

52.203-12

Limitation on Payments to Influence Certain Federal Transactions

FAR 3.808(b)

52.203-13

Contractor Code of Business Ethics and Conduct

FAR 3.1004(a)

Apr 2010

52.203-14

Display of Hotline Poster(s)

FAR 3.1004(b)

Dec 2007

52.204-4

Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

FAR 4.303

May 2011

52.204-7

Central Contractor Registration

FAR 4.1105

Dec 2012

52.204-9

Personal Identity Verification of Contractor Personnel

FAR 4.1303

Jan 2011

52.204-10

Reporting Executive Compensation and First-Tier Subcontract Awards

FAR 4.1403(a)

Aug 2012

52.204-13

Central Contractor Registration Maintenance

FAR 4.1105(b)

52.207-3

Right of First Refusal of Employment

FAR 7.305(c)

May 2006

52.209-6

Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

FAR 9.409

Dec 2010

52.209-7

Information Regarding Responsibility Matters

FAR 9.104-7(b)

Feb 2012

52.209-9

Updates of Publicly Available Information Regarding Responsibility Matters

FAR 9.104-7(c)

Feb 2012

52.215-2

Audit and Records - Negotiation

FAR 15.209(b)

52.215-8

Order of Precedence – Uniform Contract Format See Section C.1 of contract

FAR 15.209(h)

Oct 1997

52.215-11

Price Reduction for Defective Cost or Pricing Data— Modifications

FAR 15.408(c)

Aug 2011

52.215-13

Subcontractor Cost or Pricing Data—Modifications

FAR 15.408(e)

52.215-21

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications

FAR 15.408(m)

52.219-4

Notice of Price Evaluation Preference for HUBZone Small Business Concerns

FAR 19.1309(b)

52.219-8

Utilization of Small Business Concerns

FAR 19.708(a)

52.219-9

Small Business Subcontracting Plan w/ Alt II below

FAR 19.708(b)

52.219-9

Alternate II

FAR 19.708(b)(1)(iii)

Oct 2001

52.219-16

Liquidated Damages—Subcontracting Plan

FAR 19.708(b)(2)

Jan 1999

52.219-25

Small Disadvantaged Business participation Program- Disadvantaged Status and Reporting

FAR 19.1204(b)

52.219-28

Post-Award Small Business Representation

FAR 19.308(d)

Apr 2012

52.222-1

Notice to the Government of Labor Disputes

FAR 22.103-5(a)

Feb 1997

52.222-3

Convict Labor

FAR 22.202

Jun 2003

52.222-4

Contract Work Hours and Safety Standards Act - - Overtime Compensation

FAR 22.305

Jul 2005

52.222-21

Prohibition of Segregated Facilities

FAR 22.810(a)(1)

Feb 1999

52.222-26

Equal Opportunity

FAR 22.810(e)

Mar 2007

52.222-35

Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

FAR 22.1310(a)(1)

Sep 2010

52.222-36

Affirmative Action for Workers with Disabilities

FAR 22.1408(a)

52.222-37

Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

FAR 22.1310(b)

Sep 2010

52.222-50

Combating Trafficking in Persons

FAR 22.1705(a)

Feb 2009

52.222-54

Employment Eligibility Verification

FAR 22.1803

Jul 2012

52.223-3

Hazardous Material Identification and Material Safety Data

FAR 23.303

52.223-5

Pollution Prevention and Right-to-Know Information

FAR 23.1005

May 2011

52.223-6

Drug-Free Workplace

FAR 23.505

May 2001

52.223-12

Refrigeration Equipment And Air Conditioners

FAR 23.804(b)

May 1995

52.223-18

Encouraging Contractor Policies to Ban Text Messaging While Driving

FAR 23.1105

Aug 2011

52.225-13

Restrictions on Certain Foreign Purchases

FAR 25.1103(a)

Jun 2008

52.225-25

Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications

FAR 25.1103(e)

52.228-5

Insurance-Work on a Government Installation

FAR 28.310

52.232-1

Payments

FAR 32.111(a)(1)

52.232-8

Discounts for Prompt Payment

FAR 32.111(b)(1)

Feb 2002

52.232-11

Extras

FAR 32.111(c)(2)

52.232-17

Interest

FAR 32.611(a) and (b)

52.232-18

Availability of Funds

FAR 32.705-1(a)

52.232-23

Assignment of Claims

ALT 1

FAR 32.806(a)(1)

Jan 1986

52.232-25

Prompt Payment

FAR 32.908(c)

Oct 2008

52.232-33

Payment by Electronic Funds Transfer --Central Contractor Registration

FAR 32.1110(a)(1)

Oct 2003

52.233-1

Disputes

ALT 1

FAR 33.215

Jul 2002 Dec 1991

52.233-3

Protest after Award

FAR 33.106(b)

Aug 1996

52.233-4

Applicable Law for Breach of Contract Claim

FAR 32.215(b)

Oct 2004

52.237-2

Protection of Government Buildings, Equipment, and Vegetation

FAR 37.110(b)

52.237-3

Continuity of Services

FAR 37.110(c)

Jan 1991

52.242-1

Notice of Intent to Disallow Costs

FAR 42.802

52.242-13

Bankruptcy

FAR 42.903

Jul 1995

52.243-1

Changes – Fixed-Price – ALT I

FAR 43.205(a)(1)

Aug 1987

52.243-7

Notification of Changes

FAR 43.107

52.244-6

Subcontracts for Commercial Items

FAR 44.403

52.249-2

Termination for Convenience of the Government (Fixed Price)

FAR 49.502(b)(1)(i)

52.249-8

Default (Fixed Price Supply and Service)

FAR 49.504(a)(1)

52.252-6

Authorized Deviations in Clauses

FAR 52.107(f)

I.2.1 Disputes NOTE: This clause only applies to Schedule B-1, regulated offers The requirements of the Disputes clause at FAR 52.233-1 are supplemented to provide that in regard to the interpretation of retail rates, rate schedules and items directly related to rates and rate schedules provided under this contract, the parties agree to accept as authoritative the interpretation of any statewide public utility regulatory authority with jurisdiction over the contractor. The Government shall not be bound to accept as authoritative interpretations that conflict with Federal law or regulation or that are found by any administrative or judicial forum to: 1) result in discrimination against the Installation; 2) have resulted from abuse of discretion; or 3) have directly or indirectly resulted from any failure on the part of the regulatory authority or its members to comply with applicable laws and regulations.

I.3 DFARS Clauses Incorporated by Reference

The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

The following DFARS clauses are incorporated by reference:

DFARS Paragraph

252.203-7000

Requirements Relating to Compensation of Former DoD Officials

DFARS 203-171-4 Sep 2011

252.203-7001

Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies

DFARS 203.570-3

Dec 2008

252.203-7002

Requirements to Inform Employees of Whistleblower Rights

DFARS 203.970

Jan 2009

252.203-7004

Display of Fraud Hotline Poster(s)

DFARS

203.1004(b)(2)(ii)

252.204-7000

Disclosure of Information

DFARS 204.404-70(a)

252.204-7003

Control of Government Personnel Work Product

DFARS 204.404-70(b)

Apr 1992

252.205-7000

Provision of Information to Cooperative Agreement Holders

DFARS 205.470

252.209-7004

Subcontracting with Firms that Are Owned or Controlled by the Government of a Terrorist Country

DFARS 209.409

Dec 2006

252.215-7000

Pricing Adjustments

DFARS 215.408(1)

DFARS Paragraph

252.219-7003

Small Business Subcontracting Plan (DoD Contracts)

DFARS 219.708(b)(1)(A)

Aug 2012

252.223-7004

Drug-Free Work Force

DFARS 223.570-2

252.223-7006

Prohibition on Storage and Disposal of Toxic and Hazardous Materials

DFARS 223.7103(a)

252.225-7031

Secondary Arab Boycott of Israel

DFARS 225.7605

Jun 2005

252.226-7001

Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

DFARS 226.104

Sep 2004

252.231-7000

Supplemental Cost Principles

DFARS 231.100-70

252.232-7003

Electronic Submission of Payment Requests And Receiving Reports

DFARS 232.7004

Jun 2012

252.232-7010

Levies on Contract Payments

DFARS 232.7102

Dec 2006

252.235-7003

Frequency Authorization

DFARS 235.072(b)

252.236-7005

Airfield Safety Precautions

DFARS 236.570(b)(3)

252.243-7001

Pricing of Contract Modifications

DFARS 243.205-70

252.243-7002

Requests for Equitable Adjustment

DFARS 243.205-71

252.247-7023

Transportation of Supplies by Sea

DFARS 247.574(b)(1)

May 2002

I.4 Utility Services Clauses Incorporated by Reference

The following Utility Services FAR and DFARS clauses are incorporated herein by reference.

Paragraph

52.241-2

Order of Precedence – Utilities

FAR 41.501(c)(1)

Feb 1995

52.241-4

Change in Class of Service (Applicable to Tariff Priced Contracts Only)

FAR 41.501(c)(3)

52.241-5

Contractor’s Facilities

FAR 41.501(c)(4)

52.241-11

Multiple Service Locations

FAR 41.501(d)(5)

252.241-7001

Government Access

DFARS 241.501-

70(b)

I.5 Clauses Incorporated by Reference: Non-Regulated Utility

The following FAR clauses are incorporated by reference if award is made to an entity that is non- regulated, non-Governmental.

52.222-41

Service Contract Act of 1965, as amended

FAR 22.1006(a)

Nov 2007

52.222-44

Fair Labor Standards Act and Service Contract Act – Price Adjustment

FAR 22.1006(c)(2)

Sep 2009

52.230-2

Cost Accounting Standards

FAR 30.201-4(a)

May 2012

52.230-3

Disclosure and Consistency of Cost Accounting Practices

FAR 30.201-4(b)(1)

May 2012

52.230-6

Administration of Cost Accounting Standards

FAR 30.201-4(d)(1)

Jun 2010

52.244-5

Competition in Subcontracting

FAR 44.204(c)

Dec 1996

SP0600-10-R-0800

I.6 Other Clauses The following clauses are incorporated in award.

FAR 52.222-42: Statement of Equivalent Rates for Federal Hires (May 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service for employees expected to be employed under the contract. This clause also states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This statement is for information only; it is not a wage determination.

EMPLOYEE CLASS MONETARY WAGE – FRINGE BENEFITS

SEE ATTACHMENT JA38, FEDERAL EQUIVALENTS

FAR 52.241-3: Scope and Duration of Contract (Feb 1995)

(a) For the period _______________________, [insert period of service] the Contractor agrees to furnish and the Government agrees to purchase _____________________ [insert type of service] utility service in accordance with the applicable tariff(s), rules, and regulations as approved by the applicable governing regulatory body and as set forth in the contract.

(b) It is expressly understood that neither the Contractor nor the Government is under any obligation to continue any service under the terms and conditions of this contract beyond the expiration date.

(c) The Contractor shall provide the Government with one complete set of rates, terms, and conditions of service which are in effect as of the date of this contract and any subsequently approved rates.

(d) The Contractor shall be paid at the applicable rate(s) under the tariff and the Government shall be liable for the minimum monthly charge, if any, specified in this contract commencing with the period in which service is initially furnished and continuing for the term of this contract. Any minimum monthly charge specified in this contract shall be equitably prorated for the periods in which commencement and termination of this contract become effective.

FAR 52.241-6: Service Provisions (Feb 1995)

(a) Measurement of service.

(1) All service furnished by the Contractor shall be measured by suitable metering equipment of standard manufacture, to be furnished, installed, maintained, repaired, calibrated, and read by the Contractor at its expense. When more than a single meter is installed at a service location, the readings thereof may be billed conjunctively, if appropriate. In the event any meter fails to register (or registers incorrectly) the service furnished, the parties shall agree upon the length of time of meter malfunction and the quantity of service delivered during such period of time. An appropriate adjustment shall be made to the next invoice for the purpose of correcting such errors. However, any meter which registers not more than ___ percent slow or fast shall be deemed correct.

(2) The Contractor shall read all meters at periodic intervals of approximately 30 days or in accordance with the policy of the cognizant regulatory body or applicable bylaws. All billings based on meter readings of less than ___ days shall be prorated accordingly.

(b) Meter test.

(1) The Contractor, at its expense, shall periodically inspect and test Contractor-installed meters at intervals not exceeding _____ year(s) The Government has the right to have representation during the inspection and test.

(2) At the written request of the Contracting Officer, the Contractor shall make additional tests of any or all such meters in the presence of Government representatives. The cost of such additional tests shall be borne by the Government if the percentage of errors is found to be not more than ___ percent slow or fast.

(3) No meter shall be placed in service or allowed to remain in service which has an error in registration in excess of ___ percent under normal operating conditions.

(c) Change in volume or character. Reasonable notice shall be given by the Contracting Officer to the Contractor regarding any material changes anticipated in the volume or characteristics of the utility service required at each location.

(d) Continuity of service and consumption. The Contractor shall use reasonable diligence to provide a regular and uninterrupted supply of service at each service location, but shall not be liable for damages, breach of contract or otherwise, to the Government for failure, suspension, diminution, or other variations of service occasioned by or in consequence of any cause beyond the control of the Contractor, including but not limited to acts of God or of the public enemy, fires, floods, earthquakes, or other catastrophe, strikes, or failure or breakdown of transmission or other facilities. If any such failure, suspension, diminution, or other variation of service shall aggregate more than _______ hour(s) during any billing period hereunder, an equitable adjustment shall be made in the monthly billing specified in this contract (including the minimum monthly charge).

FAR 52.241-7: Change in Rates or Terms and Conditions of Service for Regulated Services (Feb 1995)

(a) This clause applies to the extent services furnished under this contract are subject to regulation by a regulatory body. The Contractor agrees to give the Contracting Officer written notice of

(1) the filing of an application for change in rates or terms and conditions of service concurrently with the filing of the application and

(2) any changes pending with the regulatory body as of the date of contract award. Such notice shall fully describe the proposed change. If, during the term of this contract, the regulatory body having jurisdiction approves any changes, the Contractor shall forward to the Contracting Officer a copy of such changes within 15 days after the effective date thereof. The Contractor agrees to continue furnishing service under this contract in accordance with the amended tariff, and the Government agrees to pay for such service at the higher or lower rates as of the date when such rates are made effective.

(b) The Contractor agrees that throughout the life of this contract the applicable published and unpublished rate schedule(s) shall not be in excess of the lowest cost published and unpublished rate schedule(s) available to any other customers of the same class under similar conditions of use and service.

(c) In the event that the regulatory body promulgates any regulation concerning matters other than rates which affects this contract, the Contractor shall immediately provide a copy to the Contracting Officer. The Government shall not be bound to accept any new regulation inconsistent with Federal laws or regulations.

(d) Any changes to rates or terms and conditions of service shall be made a part of this contract by the issuance of a contract modification unless otherwise specified in the contract. The effective date of the change shall be the effective date by the regulatory body. Any factors not governed by the regulatory body will have an effective date as agreed to by the parties.

DFARS 252.232-7007: Limitation of Government’s Obligation (May 2006)

(a) Contract line item(s) * through * are incrementally funded. For these item(s), the sum of $ * of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the Government.”

As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.”

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled “Default.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule: On execution of contract

On execution of contract $ ________ (month) (day), (year) $ ________

(End of clause)

I-0001 I.I28.01 FEDERAL, STATE, AND LOCAL TAXES (DLA Energy

JAN 2008) (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 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.

K. Section B.6.1.1, ECONOMIC PRICE ADJUSTMENT – PRICE INDEX UTILITY

PRIVATIZATION (INT B.19.40 OCT 2003), is deleted in its entirety and replaced in Section I.6, Other Clauses, with the following:

I-0002 B.19.40 ECONOMIC PRICE ADJUSTMENT – PRICE INDEX

UTILITY SERVICES (DLA ENERGY JAN 2012)

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

(b) DEFINITIONS. As used herein,—

(1) Base price means the price for the Monthly Utility Services Charge as identified in the contract Schedule. For the first Economic Price Adjustment, the Base price shall be the original awarded Monthly Utility Services Charge. For subsequent annual Economic Price Adjustments, the Base Price for each Adjustment shall be the Monthly 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,” as published by the Bureau of Labor Statistics (BLS), U.S.

Department of Labor for South urban; CUUR0300SA0, CUUS0300SA0 (CONSUMER PRICE INDEX –

ALL URBAN CONSUMERS; ALL ITEMS; NOT SEASONALLY ADJUSTED).

(3) Base index is a twelve month average of the CPI-U for South urban; CUUR0300SA0, CUUS0300SA0 (CONSUMER PRICE INDEX – ALL URBAN CONSUMERS; ALL ITEMS; NOT

SEASONALLY ADJUSTED), rounded to two decimal places, as follows:

(i) For the first Economic Price Adjustment, the Base Index will be the average of the twelve (12) most recent published monthly indices available at time of Final Proposal Revision (FPR).

(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 index is a twelve month average of the CPI-U for South urban; CUUR0300SA0, CUUS0300SA0 (CONSUMER PRICE INDEX – ALL URBAN CONSUMERS; ALL ITEMS; NOT

SEASONALLY ADJUSTED) using the twelve (12) most recent published monthly indices available at time of the adjustment, 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 beginning on the first anniversary of the contract start date, which will be accomplished promptly following publication of the applicable index.

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

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

Assume:

Index Northeast urban; CUUS0100SA0, CUUR0100SA0

(CONSUMER PRICE INDEX – ALL URBAN

CONSUMERS; ALL ITEMS; NOT SEASONALLY

ADJUSTED)

Final Proposal Revision due date December 31, 2006 Contract Start Date November 1, 2007 Base Price $10,000 per month Current Index 228.10* Base Index 214.45**

* The Current Index was computed as follows:

2007 2008

OCT NOV DEC JAN FEB MAR APR MAY JUNE JULY AUG SEPT Average

221.951 223.356 223.425 224.325 225.213 226.926 228.133 230.089 232.649 234.545 233.788 232.841 228.10

Note the indices for October and November 2008 were not used in the computation of the current index. That is because indices are usually released 2 and 3 weeks into the following month. In this example, the adjustment is being performed on November 1, 2008, one year after the Contract Start Date. On that date, the October and November indices were not available. Those indices were published by the Bureau of Labor Statistics between the 2nd and 3rd week of November, for the month of October, and between the 2nd and 3rd week of December, for the month of November.

** The Base Index was computed as follows:

2005 2006

DEC JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV Average

209.0 211.0 211.60 212.8 214.7 215.7 216.7 217.5 218.1 216.3 215.2 214.8 214.45

Note the index for December 2006 was not used in the computation of the Base Index. Although this index is available at the moment of the adjustment, it was not available at the moment Final Proposal Revisions were submitted because indices are released 2 and 3 weeks into the following month. Please remember that for the first Economic Price Adjustment, the base index will be the average of the twelve (12) most recent published monthly indices available at time of Final Proposal Revisions (FPR).

Calculate rate of change, rounded to four decimal places, ((current index – base index) ÷ base index) from the basic index:

((228.10 – 214.45) ÷ 214.45) = .0637 or 6.37%

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

(.0637 × $10,000) = $637.00

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

($10,000 + $637.00) = $10,637.00 per month

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

(e) Adjustments pursuant to this contract 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 Monthly Utility Services Charge exceeds $500.00.

(g) Notwithstanding any other conditions of this contract 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 contract 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 contract clause.

(END OF CLAUSE)

L. Section K, Representation, Certifications, and other Statements of Offerors, is deleted and replaced with the following:

SECTION K

Representations, Certifications, and other Statements of Offerors Offerors shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2012)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is ____________ [insert NAICS code].

(2) The small business size standard is ____________ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

http://orca.bpn.gov/

(b)

(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010,or 2012.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements.

This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items;

or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than…