2012-11-06_Amd_0002.pdf

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

83)PREVIOUS EDITION UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.24

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

See Block 16C

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE

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

CODE

8725 JOHN J. KINGMAN ROAD, SUITE 3830

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

Daniel Ferry/DLA Energy/FEEBA/daniel.2.ferry@dla.mil

PHONE (703) 767-8633 P.P. 8.2

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

X

9a. AMENDMENT OF SOLICITATION NO.

SPE600-13-R-0805

9b. DATED (SEE ITEM 11)

October 31, 2012

10a. MODIFICATION OF CONTRACT/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 __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: (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.

13. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter w

See following pages

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

16A. NAME OF CONTRACTING OFFICER

LAURA J. CARLSON

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

November 2, 2012

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

1) Delete and replace Section I.2 FAR Clauses

2) Delete and replace Section I.6 Other Clauses

3) Delete and replace Section L.2.1.7 Technical Library

4) Delete and replace Section L.2.1.8 Instructions for access to the FBO Secure Site

5) Delete and replace Section M.2 Evaluation Factors and Subfactors

A. Section I.2 FAR Clauses, is deleted and replaced with the following:

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)

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

Postconsumer Fiber Content Paper

FAR 4.303

May 2011

52.204-99

System for Award Management Registration

(DEVIATION)

OSD Class Deviation O0015

Aug 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

52.207-3

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, Alternate I

FAR 9.104-7(c)(2)

Feb 2012

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)

52.219-8

Utilization of Small Business Concerns FAR 19.708(a) Jan 2011

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)

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 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 Sanctioned Activities Relating to Iran – Representation and Certification

FAR 25.1103(e)

Nov 2011

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)

Oct 2008

52.232-33

Payment by Electronic Funds Transfer --Central Contractor Registration

FAR 32.1110(a)(1)

Oct 2003

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

52.249-2

Termination for Convenience of the Government (Fixed Price)

FAR 49.502(b)(1)(i)

April 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)

B. Section I.6 Other Clauses, is deleted and replaced with the following:

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

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.

(End of Clause)

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.

(End of Clause)

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.

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

See JA38 Federal Equivalents

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.

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 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)

C. Section L.2.1.7 Technical Library, is deleted and replaced with the following:

L.2.1.7 Technical Library Offerors shall request copies of the technical library from the Contracting Officer via email. Offerors shall provide the Contracting Officer with the system they are interested in i.e. Natural Gas, Electric, Water, or Wastewater and a mailing address for delivery of the Technical Library. Technical Library information will be available on or about

December 14, 2012. The Technical Library location is indicated in the utility-specific attachments. The Technical Library will only be provided to offerors that have access to the FBO Secure Site as outlined in L.2.1.8 Instructions for access to the FBO Secure Site.

Non-disclosure agreements may be required by the Installation, and if required, will be provided to offerors when registering for the pre-proposal conference.

D. Section L.2.1.8 Instructions for access to the FBO Secure Site, is deleted and replaced with the following:

L.2.1.8 Instructions for access to the FBO Secure Site

To access the secured, but unclassified, documents in the Federal Business Opportunity (“FedBizOpps” or “FBO”) system, offerors must:

1. Be registered in the System for Award Management (SAM) database at www.sam.gov.

2. Once registered in SAM, go to the FBO website at www.fbo.gov and log in. Verify your SAM registration within the FBO system. The FBO Vendor Guide is available at https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf to provide assistance.

3. Once your SAM registration is verified in the FBO system, click on the secured document link, which should then provide you with the corresponding link for the DD2345 - Military Critical Technical

Data Agreement Form. You can also find the DD2345 at http://www.dlis.dla.mil/JCP/forms/DD2345Form.pdf. Fill out the DD2345 form and submit a hard copy of the original form, together with all required documentation, to the Defense Logistics

Information Service (DLIS), U.S./Canada Joint Certification Program (JCP), at the address listed on the form. JCP will return an approved and signed certified form, which will include your certification and expiration date within five days of receipt. Please note that delays may be incurred if forms and/or required documentation are incomplete or incorrect. Additionally, it can take up to 24 hours for the JCP information to reach all systems.

4. Once you receive the approved DD2345 form from JCP and have verified your status on the JCP website, enter the FBO system and click on the secure document link. The FBO system will require you to enter your MPIN.

a. The MPIN number is a mandatory data element created by the CCR registrant and must have nine characters: at least one letter (upper or lower case) and one number.

No spaces or special characters are permitted. It allows access to related acquisition systems (i.e. ORCA and PPIRS). It also serves as a validation to access sensitive but unclassified documents associated with a notice posted to FBO.

5. Following verification of the MPIN in FBO, vendors will submit a request for explicit access to the secure documents through the FBO system by clicking on the secure document line, then clicking the

“Request Explicit Access” button. Once vendors request explicit access, the FBO system will send notification to the DLA Energy personnel assigned to the procurement, who will approve the request in the system. Vendors will receive an email once the access request has been approved by DLA

Energy.

6. Once the MPIN has been verified in the FBO system, and explicit access has been granted, vendors will be able to enter the system and view the secure documents.

E. Section M.2 Evaluation Factors and Subfactors, is deleted and replaced with the following:

M.2 Evaluation Factors and Subfactors The five evaluation factors are Technical Capability, Past Performance, Risk, Socioeconomic, and

Price. The evaluation factors and subfactors are as follows:

http://www.sam.gov/ file:///C:/Documents%20and%20Settings/fep9010/Local%20Settings/Temporary%20Internet%20Files/Content.Outlook/D4QZ2NHO/www.fbo.gov https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf http://www.dlis.dla.mil/JCP/forms/DD2345Form.pdf

Factor 1: Technical Capability: The following four subfactors are approximately equal to each other in terms of importance. However, a less than acceptable rating in any subfactor will result in a less than acceptable rating for overall Technical Capability.

Subfactor 1: Service Interruption/Contingency and Catastrophic Loss Plan: Will be evaluated based upon the degree to which it ensures an appropriate, efficient, and effective response to service interruptions and contingencies and catastrophic system losses.

Subfactor 2: Operations and Maintenance Plan/Quality Management Plan: Will be evaluated based upon the degree to which it ensures appropriate, efficient, and effective operation and maintenance of the utility system(s) and a superior level of quality.

Subfactor 3: Initial System Deficiency Corrections/Upgrades/Connections and Renewals and

Replacements Plan: Will be evaluated based upon the degree to which it supports the long-term ability of the utility system(s) to provide utility service(s).

Subfactor 4: Operational Transition Plan: Will be evaluated based upon the degree to which it ensures an effective and efficient transition.

Factor 2: Past Performance: The offeror will be evaluated based on the degree to which current and previous (within the past five years) efforts indicate the probability of the offeror successfully accomplishing contract requirements throughout the performance period. The recentness and relevancy of the information, source of the information, context of the data, and general trends in offeror’s performance will be considered.

In the case of an offeror without a record of relevant past performance or for whom sufficient information on past performance is not available, the offeror will be evaluated neither favorably nor unfavorably for past performance. However, a different rating may be achieved if the offeror proposes management personnel who have a successful record of performance on relevant, recent contracts or if a proposed subcontractor who will be performing a significant portion of the work has a successful performance history on relevant and recent contracts.

Offerors are advised that the Government may use information gained from any source known to the

Government to evaluate past performance, provided such information is recent (within the past five years). However, the Government reserves the right to only consider the Contractor’s performance under

Government or DLA Energy contracts. If any past performance information provided by the Contractor is considered in evaluating the Offeror’s proposal, a past performance questionnaire will be used to contact references and rate proposals.

Factor 3: Risk: The following four subfactors are approximately equal in importance to each other in the evaluation of Factor 3. However, a negative rating in any subfactor will result in a negative rating for overall Risk.

Subfactor 1: Performance Risk: Proposals will be evaluated on the degree to which award of a contract would present a risk of degradation of the quality of utility service(s). The Performance

Risk will be assessed as a cumulative result of the risk presented in the following four areas:

Service Interruption/Contingency and Catastrophic Loss Plan

Operations and Maintenance Plan

Quality Management Plan

Initial System Deficiency Corrections/Upgrades/Connections and Renewals and

Replacements Plan

Subfactor 2: Assurance of Long-Term Price and Service Stability: Proposals will be evaluated on the degree to which long-term price and service stability are enhanced as a result of regulation by an independent federal, state, or local regulatory authority with jurisdiction over the applicable utility service.

Subfactor 3: Price Risk: Cost realism and unbalanced pricing proposal analysis techniques will be used in accordance with the applicable provisions of FAR 15.404-1. Realism will be based on an evaluation of the information provided by the Offeror in support of its offered price. A determination will be made about whether the prices are realistic for the work to be performed, reflect a clear understanding of the requirements, and are consistent with the elements of the offeror’s technical proposal. The proposal will also be evaluated to determine whether prices are unbalanced, meaning that the price of one or more contract line items is significantly over or understated.

Subfactor 4: Other Possible Long-Term Costs and Benefits to the Government: Such costs and benefits may be considered, including, but not limited to, the effect of privatization on separate contract relationships (e.g., commodity contracts, power allocation agreements, energy savings performance contracts, utility energy savings contracts), regulatory exemptions/exclusions, efficiencies, and/or cost savings achieved by privatization of water/wastewater systems to a single contractor.

Factor 4: Socioeconomic Plan: Will be evaluated based on the degree to which an

Offeror's proposal demonstrates the commitment to use, in performance of the offered requirements, Small Businesses (which include Small Businesses, Small Disadvantaged

Businesses, HUBZone Small Businesses, Women-owned Small businesses, and Veteran-owned small businesses) and/or Historically Black Colleges/Universities or Minority

Institutions (HBCUs/MIs). Small businesses will be credited for the dollar value/percentage of the work they perform in-house as if the work were subcontracted to a small business concern.

NOTE: The Offeror’s proposal for socioeconomic support will be made a part of any resulting contract for use in determining how well the Contractor has adhered to its socioeconomic plan.

Factor 5: Price: The total evaluated price will be a consideration in the final source selection decision. Price reasonableness will be assessed in accordance with FAR 15.404-1.

For Schedule B-1, the total evaluated price (Schedule B-1 and Price Data Sheets, as applicable) will be the net present value of the stream of monthly payments the Government is expected to make to the Contractor over the 50-year contract period. Each monthly payment will be calculated by crediting the total monthly payment (the Applicable Tariffs including

ISDCs/upgrades/connection charge(s) and renewals and replacements and the recoverable portion of the purchase price expressed in the price proposal) by the purchase price in CLIN 0001. Present values will be calculated using the discount rate specified in Appendix C of OMB Circular A-94

(current issue at the time proposals are due).

For Schedule B-2, the total evaluated price (Schedule B-2 and Price Data Sheets, as applicable) will be the net present value of the stream of monthly payments the Government is expected to make to the Contractor over the 50-year contract period. Each monthly payment will be calculated by crediting the total monthly payment (the monthly Utility Services Charge including applicable

ISDCs/upgrades/connection charge(s) and renewals and replacements and the recoverable portion of the purchase price) by the purchase price in CLIN 0001. Present values will be calculated using the discount rate specified in Appendix C of OMB Circular A-94 (current issue at the time proposals are due).

M.2.1 Order of Importance for Evaluating Factors and Subfactors:

Before a contract award can be made, a conveyance determination must be made by the Air Force

(see, M.3). Should the Air Force decide to convey the utility system, proposals will then be evaluated using the following factors and subfactors.

Technical Capability, Past Performance, and Risk are approximately equal in importance.

Socioeconomic is significantly less important than Technical Capability, Past

Performance, and/or Risk. When combined, Technical Capability, Past Performance, Risk, and Socioeconomic are significantly more important than Price. Technical

Capability and Risk will be evaluated at the subfactor level. Under Technical Capability, all subfactors are approximately equal in importance; however, a less than acceptable rating for any subfactor will result in a less than acceptable rating for the overall

Technical Capability factor. Under Risk, all subfactors are approximately equal in importance; however, a negative rating in any subfactor will result in a negative rating for the overall Risk factor.