Amendment_0011.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 4

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

25 August 2014

4. REQUISITION/PURCHASE REQ. NO.

SP0600-12-0424

5. PROJECT NO. (If applicable)

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

Defense Logistics Agency Energy 8725 John J. Kingman Road, Suite 4950 Fort Belvoir, VA 22060

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) 9A. AMENDMENT OF SOLICITATION

NO.

SP0600-13-R-0401

9B. DATED (SEE ITEM 11)

December 12, 2012

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

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, X is not extended to

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 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 APPROPRIATION 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.

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

See Continuation Page

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 AND TITLE OF CONTRACTING OFFICER (Type or print)

John H. Nelson

15B. 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

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

X

X

SP0600-13-R-0401, Amendment 0011

Fort Drum PPA

SECTION G

1. Clause DFARS 252.232-7006 WIDE AREA WORKFLOW (WAWF) PAYMENT INSTRUCTIONS (MAY

2013) has hereby been added and will be included in full text in the contract.

SECTION H

2. Paragraph H.6 Federally Endangered Indiana Bat is hereby added.

H.6 Federally Endangered Indiana Bat

(a) The federally endangered Indiana Bat is present on Fort Drum and must be considered in all actions. Actions on

Fort Drum must be in accordance with requirements negotiated with the US Fish & Wildlife Service under Section 7 of the

Endangered Species Act. Projects involving ANY habitat modification (e.g. vegetation removal) must be addressed by Fort

Drum's Fish and Wildlife Management Program. In general, no trees greater than 4 inches (diameter breast height) may be cut from 15 April - 15 October to avoid any direct adverse effects to the Indiana bat. Clearing of natural vegetation (e.g.

shrubs and trees) less than 4 inches (diameter breast height) should typically occur between August 1 - April 15 to minimize the impact to migratory birds and to maintain foraging areas for bats. The contractor (and all subcontractors) shall be responsible for coordination with Fort Drum's Fish & Wildlife Management Program to ensure compliance with the

Endangered Species Act and all other applicable laws and regulations pertaining to wildlife. Overall the contractor (and all subcontractors) shall minimize interference with, disturbance to, and damage to plants, fish, wildlife, and their habitats on and adjacent to the project area.

(b) Flagging or signs must be used to demarcate areas to be cleared vs. not cleared prior to any construction activities or tree clearing for a given project. Clearing must only occur within the flagged area and flagging must be removed upon completion of the project.

(c) If any bats are discovered during the demolition or repair of buildings (to include work such as complete and partial building demolition. removal/replacement of roofs. siding, etc.). All work must cease and Fort Drum's Fish and

Wildlife Management Program (772-4999 or 772-9636) must be immediately contacted. If the building has pre-existing known bat colonies, then Fort Drum's Fish and Wildlife Management Program must be contacted before demolition is to occur. (At this time, the only structures known to contain bat colonies are within the historic LeRay Area).

(d) All bats found must be immediately reported lo Fort Drum's Fist1 and Wildlife Management Program (772-

4999 or 772-9636). Do not attempt to handle any live bats regardless of condition. If a live bat is found in a building, please contact 772-2072 or 772-4999.

(e) Light minimization measures are to be incorporated for all exterior lighting that may include but are not limited to full cutoffs, reflectors, shields, and/or downward angling of lights See Appendix 2 of the ROA for detailed requirements that must be followed to the maximum extent possible.

(f) No night lighting for construction projects is authorized without prior coordination and authorization from the project manager and Fort Drum's Fish and Wildlife Management Program.

(g) Project planning and design should attempt to minimize building footprints by combining infrastructure (i.e.

roads. utility lines, etc.) for multiple buildings or by constructing multi-story versus multiple or expanded single story buildings whenever possible.

SECTION I

3. FAR Clause 52.241-5 Contractor Facilities will be included in full text in the final contract and has been removed from the incorporated by reference section of clause I1.20-1 CLAUSES AND PROVISIONS

INCORPORATED BY REFERENCE.

4. FAR Clause 52.205-8 Order of Precedence has been removed from the incorporated by reference section of clause I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE. The Order of

Precedence para (s) contained in Clause 52.212-4 is hereby tailored as follows:

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to

Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this Contract, including any license agreements for computer software.

(5) Contract clauses.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments. However, the right of assignment included in paragraph

(fill in) of the Real Estate Agreement shall not be overcome by any other provision of the Contract.

(9) The specification.

5. Clause I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (IBR)(DLA

ENERGY JAN 2012) has hereby been revised. This revision has made the following changes to the clause.

The following FAR and DFARS IBR clauses in paragraph (e)(2) are hereby added;

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower

Rights

52.204-9 Personal Identity Verification of Contractor Personnel

52.204-13 System for Award Management Maintenance

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.246-16 Responsibility for Supplies (APR 1984)

52.246-17 Warranty of Supplies of a Non-Complex Nature (JUNE 2003)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

252.201-7000 Contracting Officer’s Representative

252.204-7012 Safeguarding of Unclassified Controlled Technical Information (NOV 2013)

252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials (APR 2012)

The following FAR IBR clauses in paragraph (e)(2) are hereby renamed (from Davis Bacon):

52.222-5 Construction Wage Rate Requirements – Secondary Site of the Work

52.222-6 Construction Wage Rate Requirements

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

The following FAR IBR clauses in paragraph (e)(2) is hereby revised:

52.242-15 Stop-Work Order AUG 1989 (no longer ALT I)

The following FAR and DFARS IBR clauses in paragraph (e)(2) are hereby removed:

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or

Proposed for Debarment

52.237-2 Protection of Government Buildings, Equipment, and Vegetation

52.241-1 Electric Service Territory Compliance Representation

52.246-20 Warranty of Services May 2001

52.252-1 Solicitation Provisions Incorporated By Reference (Feb 1998)

52.252-5 Authorized Deviations in Provisions

252.209-7001 Disclosure of ownership or control by the Government of a Terrorist Country

252.203-7005 Representation relating to compensation of former DoD officials (included in FAR 52.212-5)

6. Clause 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS—COMMERCIAL ITEMS has hereby been revised. This revision has made the following changes to the clause.

The following FAR IBR clause is hereby added:

52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

The following FAR IBR clauses are hereby deleted:

52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.)

52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83)