Amendment 0004.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

29 June 2012

4. REQUISITION/PURCHASE REQ. NO.

SPE600-12-R-0812

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: Taina M. Rivera - DLA Energy-FEEDA

PHONE: (703) 767-9652

FAX : (703) 767-2382 E-MAIL: taina.rivera@dla.mil

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

9a. AMENDMENT OF SOLICITATION NO.

SPE600-12-R-0812

9b. DATED (SEE ITEM 11) 30 March 2012

X 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 [ X ] is extended, [ ] 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 copy 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) Not Applicable

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.

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.)

Utility Privatization of the Water Distribution and

Wastewater Collection Systems at Picatinny Arsenal, NJ

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.

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

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

MARTHA A. GRAY

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:taina.rivera@dla.mil

Picatinny Arsenal, NJ SPE600-12-R-0812 Utility Services Amendment 0004

The purpose of this amendment is to revise solicitation SPE600-12-R-0812 as follows:

A. The due date for proposal submissions is hereby extended as follows:

Date: Wednesday, July 18, 2012 Time: 3:00 p.m. EST

B. Section I - Contract Clauses

Section I, Contract Clauses, is revised to update the following DLA Energy Contract Clauses.

Changes and additions are presented below and shown in blue font; deletions are shown in red strikethrough font.

I-0001 I28.01 FEDERAL, STATE, AND LOCAL TAXES (DLA ENERGY JAN 2008 NOV

2011) (DEVIATION)

(a) As used in this contract 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 tThe Northern Mariana Islands;

(ii) Territories. American Samoa, Guam, and tThe 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.

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

SERVICES (DLA ENERGY OCT 2003JAN 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 B-2. 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 U.S. Department of Labor, Bureau of Labor Statistics (BLS), U.S. Department of Labor for Northeast urban; CUUR0100SA0, CUUS0100SA0

(CONSUMER PRICE INDEX – ALL URBAN CONSUMERS; ALL ITEMS; NOT SEASONALLY

ADJUSTED).

(3) Base index is a twelve month average of the CPI-U for Northeast urban; CUUR0100SA0, CUUS0100SA0 (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 Northeast urban;

CUUR0100SA0, CUUS0100SA0 (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 calculating the percentage of change from the base index, as stated in paragraph (b)(3) of this contract clause, to the current price 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 221.95

223.35

223.42

224.32

225.21

226.92

228.13

230.08

232.64

234.54

233.78

232.84 1 228.10

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 provisions 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)

D. Section L - Instructions, Conditions, and Notices to Offerors

Section L.2.1.3, Point of Contact, is revised to include the Contracting Officer’s information as follows:

Martha A. Gray Contracting Officer 8725 John J. Kingman Rd.

Suite 3830 Fort Belvoir, VA 22060-6222 Phone: 703-767-9415 Fax: 703-767-2382 E-mail: Martha.Gray@dla.mil

E. All other Terms and Conditions shall remain unchanged and in full force and effect.

End of Amendment mailto:Martha.Gray@dla.mil

I-0002 B.19.40 ECONOMIC PRICE ADJUSTMENT – PRICE INDEX UTILITY PRIVATIZATION SERVICES (DLA ENERGY OCT 2003JAN 2012)