20140604_SF-30_Amd_0009.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

K

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

June 4, 2014

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE

DLA Energy – Utility Services Division SPE600 7. ADMINISTERED BY (If other than Item 6)

CODE

8725 JOHN J. KINGMAN ROAD, SUITE 3938

FT. BELVOIR, VA 22060-6222 FAX (703) 767-8506

BUYER/SYMBOL: Robert A. Hughes Sr./DLA ENERGY-FEEA

PHONE (703) 767-1276

Email: robert.hughes@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.

SPE600-12-R-0827

9b. DATED (SEE ITEM 11)

September 27, 2012

10a. MODIFICATION OF ONTRACT/ORDER NO.

10b. DATED (SEE ITEM 13)

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

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.

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, [ ] 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 the following pages.

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

16A. NAME OF CONTRACTING OFFICER

ANDREW URBEN

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

FAR (48 CFR) 53.243

mailto:robert.hughes@dla.mil

SPE600-12-R- 0827

Amendment 0009

In order to indicate changes from the solicitation, as posted on September 27, 2012, and

Amendments 0001-0008, additions are highlighted in YELLOW and deletions are crossed through in RED TEXT. Please note it is the responsibility of each offeror to review

Amendment 0002 for all changes from the solicitation document.

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

1. Section C, C.6.2 Right of Access, and C.6.2.7.1 Fire Protection are hereby modified as follows and C.16 Latent Subsurface Conditions and Inventory is now incorporated. All other Section C information remains in effect.

C.6.2 Right of Access This Installation is an operating military installation that is closed to the public and is subject to the provisions of the Internal Security Act of 1950, 50 U.S.C. § 797, and of 18 U.S.C. §

1382. Access to the Installation is subject to the control of its Installation Commander and is governed by such regulations and orders as have been lawfully promulgated or approved by the Secretary of Defense or by any designated military commander. Any access granted to the Contractor, its officers, employees, Contractors of any tier, agents, and invitees is subject to such regulations and orders. This Right of Access is subject to all regulations and orders currently promulgated or which may be promulgated by lawful authority as well as all other conditions contained herein. Such regulations and orders may, by way of example and not by way of limitation, include restrictions on who may enter, how many may enter at any one time, when they may enter, and what areas of the Installation they may visit, as well as requirements for background investigations, including those for security clearances, of those entering. The Contractor is responsible for the actions of its officers, employees, Contractors of any tier, agents, and invitees while on the Installation and acting under this Right of

Access.

In the event all or any portion of the Premises shall be needed by the Government or in the event the presence of the Contractor’s property shall be considered detrimental to governmental activities, the

Contractor shall, from time-to-time and upon notice to do so, and as often as so notified, remove or relocate its property to such other location or locations on the Premises as may be required by the contracting officer or authorized representative, and in the event the Contractor’s property shall not be removed or relocated within ninety (90) days after any aforesaid notice, the Government may cause the same to be done. Any removal or relocation of the Contractor’s property at the direction of the Government under Section C.6.2 shall be at the Government’s expense.

The Contractor further recognizes that the operation, construction, installation, repair, and maintenance of the utility system on the Installation may be subject to requirements and approvals not ordinarily imposed by civilian authorities, including, but not limited to, compliance with the National Environmental Policy Act of 1969, as implemented. The Contractor agrees to abide by all applicable regulations.

The Contractor shall neither transfer nor assign this Right of Access nor any interests or rights thereunder without the prior written consent of the Government. No transfer or assignment of the Contractor’s rights or interests under this Right of Access shall occur except in connection with the Government’s recognition of a successor in interest to this contract under FAR Subpart 42.12.

C.6.2.7 Fire Protection C.6.2.7.1 The Contractor shall enter into a Memorandum of Understanding (MOU) with the Base Fire

Department for fire protection of all facilities included in the purchase of the utility system. Though the protection identified in the MOU will not take effect until conveyance, the MOU shall be completed during the transition period and a copy provided to the Contracting Officer.

C.16 Latent Subsurface Conditions and Inventory

Reasonable additional costs associated with latent subsurface inventory not reasonably-discoverable during the transition period due diligence assessment, and not covered by another provision herein, may be presented to the Contracting Officer as a request for equitable adjustment prior to, but not after, the start of Contract Year 3 (as identified in Section B).

2. Section F, Deliveries or Performance is hereby deleted in its entirety and replaced with the following:

Section F

Deliveries or Performance

F.1 Contract Term The Contractor agrees to furnish, and the Government agrees to purchase, utility distribution and/or collection services, in accordance with the terms and conditions of this solicitation, for a maximum period of 50 years commencing with the contract start date, provided that the Government is able to make the determination required by 10 U.S.C. §2688(d)(2). If the Government terminates the contract, whether for convenience or default, the appropriate FAR termination clauses will apply.

F.2 Commencement of Utility Services The Contractor shall complete all transition activities and be prepared to provide utility services on the contract start date. The contract start date is defined as the expiration of the transition period and the initiation of monthly utility services, and shall begin on the first day of a given month. The period of performance begins at the contract start date.

Phase I

Phase II

Phase III

Contract Award Date

Transition Period (Pre-performance)

Contract Start Date

Fixed date in time after Government and Contractor have agreed to terms and conditions of utility services contract and Contracting Officer signs the Contract.

Contractor proposes duration of Transition Period; Transition Period begins upon execution of contract award unless a later date is specified.

Transition Period ends and Performance of Utility Services Contract begins.

F.3 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

F.4 Clauses Incorporated by Reference This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

The following FAR Clauses are incorporated by reference:

FAR Paragraph Clause Title

C l a u s e

T i t l e

Date

52.242-15

Stop Work Order IAW 42.1305(b)(1)

Aug 1989

52.242-17 Government Delay of Work IAW 42.1305(c) Apr 1984

3. Section I, Contract Clauses is hereby deleted in its entirety and 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://farsite.hill.af.mil/

I.2 FAR Clauses The following FAR clauses are incorporated by reference:

FAR Paragraph

Clause Title

IAW

52.202-1

Definitions

FAR 2.201

Nov 2013

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)

Sept 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 System for Award Management

FAR 4.1105(a)(1)

Jul 2013

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)

52.204-13 Central Contractor Registration System for Award Maintenance

FAR 4.1105(b) Jul 2013

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

Aug 2013

52.209-7 Information Regarding Responsibility Matters FAR 9.104-7(b) Jul 2013

52.209-9

Updates of Publicly Available Information Regarding Responsibility Matters, Alternate I

FAR 9.104-7(c)(2)

52.215-2

Audit and Records – Negotiations

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)

Jan 2011

52.219-8

Utilization of Small Business Concerns

FAR 19.708(a)

52.219-9

Small Business Subcontracting Plan Alternate II

FAR 19.708(b)(1)(ii)

Alt II 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 Program Representation

FAR 19.309(d)

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 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

52.223-3 Hazardous Material Identification and Material Safety Data

FAR 23.303 Jan 1997

52.223-5

Pollution Prevention and Right-to-Know Information Alternate I

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 Sanctioned Activities Relating to Iran – Representation and Certification

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

FAR 32.806(a)(1)

Jan 1986

52.232-25

Prompt Payment

FAR 32.908(c)

52.232-33

Payment by Electronic Funds Transfer --Central Contractor Registration System for Awards Management

FAR 32.1110(a)(1)

52.233-1

Disputes

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

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

Dec 2013

52.249-2

Termination for Convenience of the Government (Fixed Price)

FAR 49.502(b)(1)(i)

Apr 2012

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 Clause Title IAW Date

252.203-7000

Requirements Relating to Compensation of Former DoD Officials

DFARS 203-171-4

Sept 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

Sep 2013

252.203-7004

Display of Fraud Hotline Poster(s)

DFARS 203.10049(b)(2)(ii)

Dec 2012

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

252.204-7004

Alternate A, System for Award Management

DFARS 204.1105

Feb 2014

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

Mar 2014

252.215-7000

Pricing Adjustments

DFARS 215.408(1)

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

Sep 1988

252.223-7006

Prohibition on Storage and Disposal of Toxic and Hazardous Materials

DFARS 223.7103(a)

Apr 2012

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 R 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)

Mar 2014

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)

I.4 Utility Services Clauses Incorporated by Reference The following Utility Services FAR and DFARS clauses are incorporated herein by reference.

Paragraph

52.241-4

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

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)

I.5 Clauses Incorporated by Reference: Non-Regulated Utility and Regulated Utilities Offering Non-Tariff Rates 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

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

I.6 Other Clauses The following clauses are incorporated in award for regulated contract awards.

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 employees expected to be employed under the contract and 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

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 52.241-7: 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.

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.

FAR 52.241-13: Capital Credits (Feb 1995)

(a) The Government is a member of the ____________ [insert cooperative name], and as any other member, is entitled to capital credits consistent with the bylaws of the cooperative, which states the obligation of the Contractor to pay capital credits and which specifies the method and time of payment.

(b) The Contractor shall furnish to the Contracting Officer, or the designated representative of the

Contracting Officer, in writing, on an _________ basis [insert period of time] a list of accrued credits by contract number, year, and delivery point.

(c) Payment of capital credits will be made by check, payable to the _________ [insert agency name], and forwarded to the Contracting Officer at ________________ [insert agency address], unless otherwise directed in writing by the Contracting Officer. Checks shall cite the current or last contract number and indicate whether the check is partial or final payment for all capital credits accrued.

DFARS 252.232-7007: Limitation of Government’s Obligation (Apr 2014)

(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) $ ________

DLAD 52.247-9012: Requirements for Treatment of Wood Packaging Material (WPM) (Feb 2007)

(a) This clause only applies when wood packaging material (WPM) will be used to make shipments under this contract and/or when WPM is being acquired under this contract.

(b) Definition.

Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).

(c) All wood packaging material (WPM) used to make shipments under Department of Defense

(DOD) contracts and/or acquired by DOD must meet requirements of international standards for phytosanitary measures (ISPM) 15, “Guidelines for Regulating Wood Packaging Materials in

International Trade.” DOD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo.

(1) All WPM shall comply with the official quality control program for heat treatment

(HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) wood packaging material program and WPM enforcement regulations (see http://www.alsc.org/).

(2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Markings shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved dunnage stamp.

(d) Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government."

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 http://www.alsc.org/

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.

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 2 nd and 3 rd week of November, for the month of October, and between the 2 nd and 3 rd week of December, for the month of November.

** The Base Index was computed as follows:

2005 5 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)

4. Section K, Representations, Certifications, and other Statements of Offerors, FAR clause

52.204-8, Annual Representations and Certifications is modified as shown. All other

Section K information remains in effect.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JUL 2013)

As prescribed in 4.1202, insert the following provision:

(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.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications 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 SAM 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 provision at 52.204-7, System for Award Management.

(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,…