2013-06-14_Amd_0009_SP0600-10-R-0809.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

K

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

See Block 16c

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE

DEFENSE LOGISTICS AGENCY ENERGY

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

CODE

8725 JOHN J. KINGMAN ROAD, SUITE 3830

FT. BELVOIR, VA 22060-6222

OFFICER/SYMBOL: DALE STEPHENS/DLA ENERGY-FEEBB

PHONE: (703) 767-9370

FAX: (703) 767-2382 Email: dale.stephens@dla.mil 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-0809

9b. DATED (SEE ITEM 11) 4 March 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 ____ 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

JOSE JIMENEZ

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

June 14, 2013

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

PREVIOUS EDITION UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.243

mailto:dale.stephens@dla.mil

SP0600-10-R-0809 Amendment 0009 PAGE 2 OF 4

VANDENBERG, AFB

A. The purpose of Amendment 0009 is as follows:

1) To incorporate Section C.16, Latent Subsurface Conditions and Inventory, :

C. 16 Latent Subsurface Conditions and Inventory

Reasonable additional costs associated with latent subsurface inventory or latent inventory conditions that were not reasonably discoverable during the transition period due diligence assessment, and not covered by another provision of this contract, may be presented to the Contracting Officer as a request for equitable adjustment prior to the start of Contract Year 3, as identified in Section B.

2) To replace Section I.4, Utility Services Clauses Incorporated by Reference, with the following:

I.4 Utility Services Clauses

I.4.1 The following Utility Services FAR and DFARS clauses are incorporated herein by reference.

Paragraph

Clause Title

IAW

Date

52.241-4

Change in Class of Service

FAR 41.501(c)(3)

Feb 1995

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)

Dec 1991

I.4.2 Applicable Clause Inclusion for Unregulated Services The following Utility Services FAR and DFARS clauses are incorporated herein by reference.

T

Paragraph

Clause Title

IAW

Date

52.241-4

Change in Class of Service

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)

Dec 1991

The following Utility Services FAR clauses are incorporated in full text.

52.241-2: Order of Precedence—Utilities (FEB 1995) In the event of any inconsistency between the terms of this contract (including the specifications) and any rate schedule, rider, or exhibit incorporated in this contract by reference or otherwise, or any of the Contractor’s rules and regulations, Section C.1, Precedence, of this contract shall control.

(End of clause)

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

(a) For the period identified in F.2, Commencement of Service, the Contractor agrees to furnish and the Government agrees to purchase the utility services 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.

FAR 52.241-6: Service Provisions (FEB 1995)

(a) Measurement of service.

(1) If required under the terms of the contract, the Contractor shall provide suitable metering equipment of standard manufacture, to be furnished, installed, maintained, repaired, calibrated, and read by the Contractor at its expense.

(2) When applicable, the Contractor shall read all meters at periodic intervals of approximately 30 days unless otherwise identified in this contract.

(b) Meter test.

(1) The Contractor, at its expense, shall periodically inspect and test Contractor-installed meters, if any, at intervals identified in this contract. 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 may be grounds for a request for equitable adjustment.

(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, and, unless otherwise stated in this contract, 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.

FAR 52.241-8: Change in Rates or Terms and Conditions of Service for Unregulated Services (FEB 1995)

(a) This clause applies to the extent that services furnished hereunder are not subject to regulation by a regulatory body.

(b) Either party may request a change in rates or terms and conditions of service, unless such change is otherwise provided in this contract. Both parties agree to enter in negotiations concerning such changes upon receipt of a written request detailing the proposed changes and specifying the reasons for the proposed changes.

(c) The effective date of any change shall be as agreed to by the parties. The Contractor agrees that throughout the life of this contract the rates so negotiated will not be in excess of published and unpublished rates charged to any other customer\ of the same class under similar terms and conditions of use and service.

(d) The failure of the parties to agree upon any change after a reasonable period of time shall be a dispute under the Disputes clause of this contract.

(e) Any changes to rates, terms, or conditions as a result of such negotiations shall be made a part of this contract by the issuance of a contract modification.

SP0600-10-R-0809 Amendment 0009 PAGE 2 OF 4

VANDENBERG, AFB

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