Amendment_0005.pdf

NSN 7540-01-152-8070 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

26 MARCH 2015

4. REQUISITION/PURCHASE REQ. NO.

SPE600-15-9618

5. PROJECT NO.

(If applicable)

6. ISSUED BY CODE

DEFENSE LOGISTICS AGENCY (Lorton)

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

8725 JOHN J. KINGMAN ROAD, STP 10400

FORT BELVOIR, VA 22060-6221

BUYER/SYMBOL: C. Mayfield/M. Andrews /DLA Energy-FEEBB

PHONE: (703) 617-1478 / (703) 617-1476

E-MAIL: charles.mayfield@dla.mil or mark.andrews@dla.mil

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

X

9a. AMENDMENT OF SOLICITATION NO.

SPE600-15-R-0802

9b. DATED (SEE ITEM 11) 19 Dec 2014

10a. MODIFICATION OF CONTRACT NO.

10b. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[ X ] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ ] 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 copy of the amendment;(b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers.

FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required) Not Applicable

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority)

THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: FAR 43.103(a)

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor [ ] is not, [ X ] is required to sign this document and return 1 copies to the issuing office.

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

Utilities Services Fort Campbell and Blue Grass Army Depot, KY

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

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

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

ERICA M. CONLEY

15B. NAME OF CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C.DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C.DATE SIGNED

mailto:charles.mayfield@dla.mil mailto:mark.andrews@dla.mil

Fort Campbell and Blue Grass Army Depot, KY SPE600-15-R-0802 Utilities Services Amendment 0005

A. The purpose of this amendment is to revise the solicitation as follows:

1. Delete and replace in its entirety, I-0002 B.19.40 ECONOMIC PRICE ADJUSTMENT –

PRICE INDEX UTILITY SERVICES (DLA ENERGY JAN 2012)

B. As a result of the changes described in Paragraph A1., the solicitation is hereby revised as follows (changes in BOLD blue font):

FROM:

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 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)

TO:

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 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 (EPA), the Base Price shall be the original awarded Monthly Utility Services Charge. For subsequent annual EPAs, the Base Price for each adjustment shall be the Monthly Utility Services Charge in effect immediately prior to that adjustment - except that the Base Price shall exclude the costs for all service connections completed within the preceding twelve (12) months.

(2) Index means any index published by the Bureau of Labor Statistics (BLS), U.S. Department of Labor, any Commercial Index or any combination thereof – agreed upon by the Contractor and the Government.

(3) Base Index is a twelve month average of the Index, rounded to four decimal places, as follows:

(i) For the first EPA, the Base Index will be the average of the twelve (12) most recent published monthly indices available at time of Final Proposal Revision.

(ii) For subsequent annual EPAs, the Base Index shall be the Current Index utilized in calculating the immediately preceding EPA.

(4) Current Index is a twelve month average of the Index, rounded to four decimal places, 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 Base Price shall be subject to a prospective annual EPA beginning on the first anniversary of the contract start date and continuing annually each year thereafter. The annual EPA will be accomplished promptly following publication of the applicable Index.

(2) Adjustments to the Base Price shall be determined by calculating the percentage of change from the Base Index, as stated in paragraph (b)(3) of this 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 clause are exemplified below using the CPI-U Index as an example.

Assume:

Index CPI-U; Northeast urban; CUUS0100SA0, CUUR0100SA0

(CONSUMER PRICE INDEX – ALL URBAN

CONSUMERS; ALL ITEMS; NOT SEASONALLY

ADJUSTED)

Final Proposal Revision due date August 31, 2010 Contract Start Date July 1, 2011 Base Price $20,000 per month Current Index 243.4495* Base Index 232.4904**

* The Current Index was computed as follows:

2011 2012 JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY Average

241.69 242.282 243.033 243.323 243.014 242.652 241.987 242.879 243.85 245.125 245.85 245.709 243.4495

Note the indices for June and July 2012 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 July 1, 20012, one year after the Contract Start Date. On that date, the June and July indices were not available. Those indices were published by the Bureau of Labor Statistics between the 2nd and 3rd week of July, for the month of June, and between the 2nd and 3rd week of August, for the month of July.

** The Base Index was computed as follows:

2009 2010

AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL Average

230.883 231.2 231.304 231.708 231.462 232.294 232.382 233.188 233.615 234.13 233.834 233.885 232.4904

Note the index for August 2010 was not used in the computation of the Base Index. Although the August 2010 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):

((243.4495 – 232.4904) ÷ 232.4904) = .0471 or 4.71%

Calculate the Adjustment Amount (Rate of Change x Base Price):

(.0471 × $20,000) = $942.00

Calculate the Adjusted Price (Base Price plus Adjustment Amount):

($20,000 + $942.00) = $20,942.00 per month

(d) The Contracting Officer shall obtain the Current Index and calculate the Adjusted Price.

(e) Adjustments pursuant to this 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 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 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 clause.

(End of Clause)

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

End of Amendment