U00004.pdf

ARMY CONTRACTING COMMAND ROCK ISLAND

BLDG 60, 3RD FLOOR NW

KASEY BOWMAN

ROCK ISLAND IL 61299

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

See Summary of Changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 13

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

16C. DATE SIGNED

BY 04-Jan-2017

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W52P1J-17-R-5001

X 9B. DATED (SEE ITEM 11)

06-Dec-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

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 Offer is extended, X is not extended.

Offer 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.

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

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

06-Jan-2017

CODE

ARMY CONTRACTING COMMAND ROCK ISLAND

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

W52P1J 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W52P1J

FACILITY CODECODE

EMAIL:TEL:

W52P1J-17-R-5001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 0004

Summary of Changes:

The purpose of this amendment is to:

1. Update the Scope of Work, dated 03 January 2017.

2. Update Appendices C and D, these will be provided on a SAFE Link*.

3. In accordance with FAR 52.243-1 Changes, Clause 52.216-5, Price Redetermination- Prospective, is added to the solicitation.

4. Clause 52.232-40, Providing Accelerated Payments to Small Business Subcontractors, is added to the solicitation.

5. Clause 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals, is added to the solicitation.

6. Extend the cut-off date of 29 December 2016 for Contractor questions to 10 January 2017.

7. Provided updated CLIN information and CLIN structure. Please use this CLIN pricing sheet when submitting your cost proposal.

8. Answer the following Contractor Questions:

*Note: Questions 1-21 were answered in Amendment 0002.

Q-22 Window dimensions. What are the dimensions of the window openings in the 6 buildings? Are there original drawings that can be accessed to determine these dimensions? Can these drawings be issued to us so that we can determine the window dimension?

A-22 Basement, 1st, & 2nd Floor windows are all approximately 4'-0" x 8'-8", and the 3rd Floor windows are approximately 1'-8" x 3'-0".

Q-23 Stone dimensions. What are the basic dimensions of the wall stones? We need this information to determine the amount of mortar joints per square foot of wall surface.

A-23 The Government is estimating 128,000 lineal feet of mortar for the base contract. Your proposal for Item 0001 shall include this cost for the estimated mortar of 128,000 lineal feet. The Government is estimating 137,000 lineal feet of mortar for Option 1. Your proposal for Item 0002 shall include this cost for the estimated mortar of 137,000 lineal feet. Please see the revised CLIN description in this Amendment for more information.

Q-24 Please confirm that we are not cutting out and replacing window perimeter joints / sealants.

A-24 Sealants are not be replaced. Mortar joints only.

Q-25 The Solicitation on page 35 in section 52.211-10 COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK (APR 1984) states 240 days to complete. The front page of the solicitation states 120 days to complete. Can this time be reviewed to accommodate a longer completion schedule with a smaller crew?

A-25 The SOW has been updated to reflect 180 days after date of award for each the Base bid and 180 days after date of award for Option 1.

Q-26 Do we need to remove and reinstall all the downspouts to access the mortar joints behind them, please confirm.

A-26 Removal and re-installation of the downspouts will be necessary. Submit product data for epoxy to be used in new anchoring system.

Q-27 Are there any elevation drawings that are to scale for the buildings we are bidding?

A-27 We do not have any elevation drawings for these buildings.

9. All other terms and conditions remain unchanged including the solicitation closing date and time.

*IMPORTANT: All Contractors who have already submitted a non-disclosure agreement (NDA), please email the

POC of this solicitation, Kasey Bowman, kasey.l.bowman2.civ@mail.mil for a new SAFE access link. Submission of a new NDA is not necessary.

SECTION 00 10 00 - SOLICITATION

The Issued By organization has changed from

ARMY CONTRACTING COMMAND ROCK ISLAND

BLDG 60, 3RD FLOOR NW

KASEY BOWMAN

ROCK ISLAND IL 61299

to

ARMY CONTRACTING COMMAND ROCK ISLAND

ACC-RI

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

CLIN 0001

The CLIN extended description has changed from:

Repoint Select Stone Shops, Buildings 60, 61, 62 in accordance with PR#2016-2294

To:

Repoint Select Stone Shops, Buildings 60, 61, 62 in accordance with PR#2016-2294THE GOVERNMENT IS

ESTIMATING 128,000 LINEAL FEET OF MORTAR FOR THE BASE CONTRACT. YOUR PROPOSAL FOR

ITEM 0001 SHALL INCLUDE THIS COST FOR THE ESTIMATED MORTAR OF 128,000 LINEAL

FEET.PLEASE PROVIDE A PRICE PER LINEAL FOOT OF MORTAR $_______________*PLEASE BE

ADVISED THAT THE PER LINEAL FOOT PRICE FOR THE RESPECTIVE BASE BID WILL BE UTILIZED

IN THE EVENT ADDITIONAL MORTAR IS REQUIRED DURING THE PERFORMANCE OF THIS

CONTRACT. IF THE ESTIMATED MORTAR AMOUNT IS NOT USED, FUNDS WILL BE RETURNED TO

THE GOVERNMENT.

CLIN 0001 Net Amount_________________.

CLIN 0002

Repoint Select Stone Shops, Bldgs 66, 67, 68 in accordance with PR#2016-2294

Repoint Select Stone Shops, Bldgs 66, 67, 68 in accordance with PR#2016-2294THE GOVERNMENT IS

ESTIMATING 137,000 LINEAL FEET OF MORTAR FOR THE BASE CONTRACT. YOUR PROPOSAL FOR

ITEM 0002 SHALL INCLUDE THIS COST FOR THE ESTIMATED MORTAR OF 137,000 LINEAL

mailto:kasey.l.bowman2.civ@mail.mil

FEET.PLEASE PROVIDE A PRICE PER LINEAL FOOT OF MORTAR $_______________*PLEASE BE

ADVISED THAT THE PER LINEAL FOOT PRICE FOR THE RESPECTIVE BASE BID WILL BE UTILIZED

IN THE EVENT ADDITIONAL MORTAR IS REQUIRED DURING THE PERFORMANCE OF THIS

CONTRACT. IF THE ESTIMATED MORTAR AMOUNT IS NOT USED, FUNDS WILL BE RETURNED TO

THE GOVERNMENT.

CLIN 0002 Net Amount_____________________.

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

The following have been added by reference:

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS--

REPRESENTATION (DEC 2016)

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (b)(1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(2) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available

Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(3) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program.

(c) If the Offeror checked ``does'' in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:

(End of provision)

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

52.216-5 PRICE REDETERMINATION--PROSPECTIVE (OCT 1997)

(a) General. The unit prices and the total price stated in this contract shall be periodically redetermined in accordance with this clause, except that (1) the prices for supplies delivered and services performed before the first effective date of price redetermination (see paragraph (c) of this clause) shall remain fixed and (2) in no event shall the total amount paid under this contract exceed any ceiling price included in the contract.

(b) Definition. "Costs," as used in this clause, means allowable costs in accordance with Part 31 of the Federal

Acquisition Regulation (FAR) in effect on the date of this contract.

(c) Price redetermination periods. For the purpose of price redetermination, performance of this contract is divided into successive periods. The first period shall extend from the date of the contract to , [see Note (1)] and the second and each succeeding period shall extend for [insert appropriate number] months from the end of the last preceding period, except that the parties may agree to vary the length of the final period. The first day of the second and each succeeding period shall be the effective date of price redetermination for that period.

(d) Data submission. (1) Not more than nor less than [see Note (2)] days before the end of each redetermination period, except the last, the Contractor shall submit--

(i) Proposed prices for supplies that may be delivered or services that may be performed in the next succeeding period, and--

(A) An estimate and breakdown of the costs of these supplies or services in the format of Table 15-2, FAR 15.408, or in any other form on which the parties may agree;

(B) Sufficient data to support the accuracy and reliability of this estimate; and

(C) An explanation of the differences between this estimate and the original (or last preceding) estimate for the same supplies or services; and

(ii) A statement of all costs incurred in performing this contract through the end of the month [see Note (3)] before the submission of proposed prices, on Standard Form 1411, Contract Pricing Proposal Cover Sheet (or in any other form on which the parties may agree), with sufficient supporting data to disclose unit costs and cost trends for-

(A) Supplies delivered and services performed; and

(B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary).

(2) The Contractor shall also submit, to the extent that it becomes available before negotiations on redetermined prices are concluded--

(i) Supplemental statements of costs incurred after the date stated in subdivision (d)(1)(ii) of this section for--

(B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary);

and

(ii) Any other relevant data that the Contracting Officer may reasonably require.

(3) If the Contractor fails to submit the data required by subparagraphs (1) and (2) of this section, within the time specified, the Contracting Officer may suspend payments under this contract until the data are furnished. If it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the

Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the excess shall bear interest, computed from the date the data were due to the date of repayment, at the rate established in accordance with the Interest clause.

(e) Price redetermination. Upon the Contracting Officer's receipt of the data required by paragraph (d) of this section, the Contracting Officer and the Contractor shall promptly negotiate to redetermine fair and reasonable prices for supplies that may be delivered or services that may be performed in the period following the effective date of price redetermination.

(f) Contract modifications. Each negotiated redetermination of prices shall be evidenced by a modification to this contract, signed by the Contractor and the Contracting Officer, stating the redetermined prices that apply during the redetermination period.

(g) Adjusting billing prices. Pending execution of the contract modification (see paragraph (f) of this section), the

Contractor shall submit invoices or vouchers in accordance with the billing prices stated in this contract. If at any time it appears that the then-current billing prices will be substantially greater than the estimated final prices, or if the Contractor submits data showing that the redetermined price will be substantially greater than the current billing prices, the parties shall negotiate an appropriate decrease or increase in billing prices. Any billing price adjustment shall be reflected in a contract modification and shall not affect the redetermination of prices under this clause. After the contract modification for price redetermination is executed, the total amount paid or to be paid on all invoices or vouchers shall be adjusted to reflect the agreed-upon prices, and any requested additional payments, refunds, or credits shall be made promptly.

(h) Quarterly limitation on payments statement. This paragraph (h) applies only during periods for which firm prices have not been established.

(1) Within 45 days after the end of the quarter of the Contractor's fiscal year in which a delivery is first made (or services are first performed) and accepted by the Government under this contract, and for each quarter thereafter, the

Contractor shall submit to the contract administration office (with a copy to the contracting office and the cognizant contract auditor) a statement, cumulative from the beginning of the contract, showing--

(i) The total contract price of all supplies delivered (or services performed) and accepted by the Government and for which final prices have been established;

(ii) The total costs (estimated to the extent necessary) reasonably incurred for, and properly allocable solely to, the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been established;

(iii) The portion of the total interim profit (used in establishing the initial contract price or agreed to for the purpose of this paragraph (h)) that is in direct proportion to the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been established; and

(iv) The total amount of all invoices or vouchers for supplies delivered (or services performed) and accepted by the

Government (including amounts applied or to be applied to liquidate progress payments).

(2) The statement required by subparagraph (1) of this section need not be submitted for any quarter for which either no costs are to be reported under subdivision (1)(ii) of this section, or revised billing prices have been established in accordance with paragraph (g) of this section, and do not exceed the existing contract price, the Contractor's price-redetermination proposal, or a price based on the most recent quarterly statement, whichever is least.

(3) Notwithstanding any provision of this contract authorizing greater payments, if on any quarterly statement the amount under subdivision (1)(iv) of this section exceeds the sum due the Contractor, as computed in accordance with subdivisions (1)(i), (ii), and (iii) of this section, the Contractor shall immediately refund or credit to the

Government the amount of this excess. The Contractor may, when appropriate, reduce this refund or credit by the amount of any applicable tax credits due the Contractor under 26 U.S.C. 1481 and by the amount of previous refunds or credits affected under this clause. If any portion of the excess has been applied to the liquidation of progress payments, then that portion may, instead of being refunded, be added to the unliquidated progress payment account, consistent with the Progress Payments clause. The Contractor shall provide complete details to support any claimed reductions in refunds.

(4) If the Contractor fails to submit the quarterly statement within 45 days after the end of each quarter and it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the

Government immediately. Unless repaid within 30 days after the end of the statement submittal period, the amount of the excess shall bear interest, computed from the date the quarterly statement was due to the date of repayment, at the rate established in accordance with the Interest clause.

(i) Subcontracts. No subcontract placed under this contract may provide for payment on a cost-plus-a-percentage-of-cost basis. The Contractor shall--

(1) Insert in each price redetermination or incentive price revision subcontract the substance of paragraph (h) of this section, and of this paragraph (i), modified to omit mention of the Government and to reflect the position of the

Contractor as purchaser and of the subcontractor as vendor, and to omit that part of subparagraph (h)(3) of this section relating to tax credits; and

(2) Include in each cost-reimbursement subcontract a requirement that each lower-tier price redetermination or incentive price revision subcontract contain the substance of paragraph (h) of this section, and this paragraph (i), modified as required by subparagraph (1) of this section.

(j) Disagreements. If the Contractor and the Contracting Officer fail to agree upon redetermined prices for any price redetermination period within 60 days (or within such other period as the parties agree) after the date on which the data required by paragraph (d) of this section are to be submitted, the Contracting Officer shall promptly issue a decision in accordance with the Disputes clause. For the purpose of paragraphs (f), (g), and (h) of this section, and pending final settlement of the disagreement on appeal, by failure to appeal, or by agreement, this decision shall be treated as an executed contract modification. Pending final settlement, price redetermination for subsequent periods, if any, shall continue to be negotiated as provided in this clause.

(k) Termination. If this contract is terminated, prices shall continue to be established in accordance with this clause for (1) completed supplies and services accepted by the Government and (2) those supplies and services not terminated under a partial termination. All other elements of the termination shall be resolved in accordance with other applicable clauses of this contract.

NOTES:

(1) Express in terms of units delivered, or as a date; but in either case the period should end on the last day of a month.

(2) Insert the numbers of days chosen so that the Contractor's submission will be late enough to reflect recent cost experience (taking into account the Contractor's accounting system), but early enough to permit review, audit (if necessary), and negotiation before the start of the prospective period.

(3) Insert "first," except that "second" may be inserted if necessary to achieve compatibility with the Contractor's accounting system.

(End of clause)

(End of Summary of Changes)

The following items are applicable to this modification:

SUMMARY OF CHANGES 2

The following have been added by full text:

AMENDMENT 0004

Summary of Changes:

The purpose of this amendment is to:

10. Update the Scope of Work, dated 03 January 2017.

11. Update Appendices C and D.

12. In accordance with FAR 52.243-1 Changes, Clause 52.216-5, Price Redetermination- Prospective, is added to the solicitation.

13. Clause 52.232-40, Providing Accelerated Payments to Small Business Subcontractors, is added to the solicitation.

14. Clause 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals, is added to the solicitation.

15. Extend cut-off date of 29 December 2016 for Contractor questions has been extended to 10 January 2017.

16. Answer the following Contractor Questions:

*Note: Questions 1-21 were answered in Amendment 0002.

Q-22 Window dimensions. What are the dimensions of the window openings in the 6 buildings? Are there original drawings that can be accessed to determine these dimensions? Can these drawings be issued to us so that we can determine the window dimension?

A-22 I assume this question is a subset of question Questions 2 & 6 below. Basement, 1st, & 2nd Floor windows are all approximately 4'-0" x 8'-8", and the 3rd Floor windows are approximately 1'-8" x 3'-0".

Q-23 Stone dimensions. What are the basic dimensions of the wall stones? We need this information to determine the amount of mortar joints per square foot of wall surface.

A-23 The Government is estimating 128,000 lineal feet of mortar for the base contract. Your proposal for Item 0001 shall include this cost for the estimated mortar of 128,000 lineal feet. The Government is estimating 137,000 lineal feet of mortar for Option 1. Your proposal for Item 0002 shall include this cost for the estimated mortar of 137,000 lineal feet.

Q-24 Please confirm that we are not cutting out and replacing window perimeter joints / sealants.

A-24 Sealants are not be replaced. Mortar joints only.

Q-25 The Solicitation on page 35 in section 52.211-10 COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK (APR 1984) states 240 days to complete. The front page of the solicitation states 120 days to complete. We are requesting a project duration for the base bid of 180 days and an additional 180 days for bid option 1. The shorter duration will require the work to be done with larger crews. With the 180 day duration we would be able to prosecute the work with smaller crews and achieve better control.

A-25 The SOW has been updated to reflect 180 days after date of award for the Base bid and 180 days after date of award for Option 1.

Q-26 I assume we need to remove and reinstall all the downspouts to access the mortar joints behind them, but please confirm.

A-26 Removal and re-installation of the downspouts will be necessary. Submit product data for epoxy to be used in new anchoring system.

Q-27 Is there are any elevation drawings that are to scale for the buildings we are bidding?

A-27 We do not have any elevation drawings for these buildings.

17. All other terms and conditions remain unchanged including the solicitation closing date and time.

IMPORTANT: All Contractors who have already submitted a non-disclosure agreement (NDA), please email the

POC of this solicitation, Kasey Bowman, kasey.l.bowman2.civ@mail.mil for a new SAFE access link. Submission of a new NDA is not necessary.

CLIN 0001

THE GOVERNMENT IS ESTIMATING 128,000 LINEAL FEET OF MORTAR FOR THE BASE CONTRACT.

YOUR PROPOSAL FOR ITEM 0001 SHALL INCLUDE THIS COST FOR THE ESTIMATED MORTAR OF

128,000 LINEAL FEET.

PLEASE PROVIDE A PRICE PER LINEAL FOOT OF MORTAR $_______________

*PLEASE BE ADVISED THAT THE PER LINEAL FOOT PRICE FOR THE RESPECTIVE BASE BID WILL

BE UTILIZED IN THE EVENT ADDITIONAL MORTAR IS REQUIRED DURING THE PERFORMANCE OF

THIS CONTRACT. IF THE ESTIMATED MORTAR AMOUNT IS NOT USED, FUNDS WILL BE RETURNED

TO THE GOVERNMENT..

CLIN 0002

THE GOVERNMENT IS ESTIMATING 137,000 LINEAL FEET OF MORTAR FOR THE BASE CONTRACT.

YOUR PROPOSAL FOR ITEM 0002 SHALL INCLUDE THIS COST FOR THE ESTIMATED MORTAR OF

137,000 LINEAL FEET.

PLEASE PROVIDE A PRICE PER LINEAL FOOT OF MORTAR $_______________

*PLEASE BE ADVISED THAT THE PER LINEAL FOOT PRICE FOR THE RESPECTIVE BASE BID WILL

BE UTILIZED IN THE EVENT ADDITIONAL MORTAR IS REQUIRED DURING THE PERFORMANCE OF

THIS CONTRACT. IF THE ESTIMATED MORTAR AMOUNT IS NOT USED, FUNDS WILL BE RETURNED

TO THE GOVERNMENT..

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

The following have been added by reference:

mailto:kasey.l.bowman2.civ@mail.mil

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS--

REPRESENTATION (DEC 2016)

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (b)(1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(2) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available

Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(3) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program.

(c) If the Offeror checked ``does'' in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:

(End of provision)

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

52.216-5 PRICE REDETERMINATION--PROSPECTIVE (OCT 1997)

(a) General. The unit prices and the total price stated in this contract shall be periodically redetermined in accordance with this clause, except that (1) the prices for supplies delivered and services performed before the first effective date of price redetermination (see paragraph (c) of this clause) shall remain fixed and (2) in no event shall the total amount paid under this contract exceed any ceiling price included in the contract.

(b) Definition. "Costs," as used in this clause, means allowable costs in accordance with Part 31 of the Federal

Acquisition Regulation (FAR) in effect on the date of this contract.

(c) Price redetermination periods. For the purpose of price redetermination, performance of this contract is divided into successive periods. The first period shall extend from the date of the contract to , [see Note (1)] and the second and each succeeding period shall extend for [insert appropriate number] months from the end of the last preceding period, except that the parties may agree to vary the length of the final period. The first day of the second and each succeeding period shall be the effective date of price redetermination for that period.

(d) Data submission. (1) Not more than nor less than [see Note (2)] days before the end of each redetermination period, except the last, the Contractor shall submit--

(i) Proposed prices for supplies that may be delivered or services that may be performed in the next succeeding period, and--

(A) An estimate and breakdown of the costs of these supplies or services in the format of Table 15-2, FAR 15.408, or in any other form on which the parties may agree;

(B) Sufficient data to support the accuracy and reliability of this estimate; and

(C) An explanation of the differences between this estimate and the original (or last preceding) estimate for the same supplies or services; and

(ii) A statement of all costs incurred in performing this contract through the end of the month [see Note (3)] before the submission of proposed prices, on Standard Form 1411, Contract Pricing Proposal Cover Sheet (or in any other form on which the parties may agree), with sufficient supporting data to disclose unit costs and cost trends for-

(B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary).

(2) The Contractor shall also submit, to the extent that it becomes available before negotiations on redetermined prices are concluded--

(i) Supplemental statements of costs incurred after the date stated in subdivision (d)(1)(ii) of this section for--

(B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary);

and

(ii) Any other relevant data that the Contracting Officer may reasonably require.

(3) If the Contractor fails to submit the data required by subparagraphs (1) and (2) of this section, within the time specified, the Contracting Officer may suspend payments under this contract until the data are furnished. If it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the

Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the excess shall bear interest, computed from the date the data were due to the date of repayment, at the rate established in accordance with the Interest clause.

(e) Price redetermination. Upon the Contracting Officer's receipt of the data required by paragraph (d) of this section, the Contracting Officer and the Contractor shall promptly negotiate to redetermine fair and reasonable prices for supplies that may be delivered or services that may be performed in the period following the effective date of price redetermination.

(f) Contract modifications. Each negotiated redetermination of prices shall be evidenced by a modification to this contract, signed by the Contractor and the Contracting Officer, stating the redetermined prices that apply during the redetermination period.

(g) Adjusting billing prices. Pending execution of the contract modification (see paragraph (f) of this section), the

Contractor shall submit invoices or vouchers in accordance with the billing prices stated in this contract. If at any time it appears that the then-current billing prices will be substantially greater than the estimated final prices, or if the Contractor submits data showing that the redetermined price will be substantially greater than the current billing prices, the parties shall negotiate an appropriate decrease or increase in billing prices. Any billing price adjustment shall be reflected in a contract modification and shall not affect the redetermination of prices under this clause. After the contract modification for price redetermination is executed, the total amount paid or to be paid on all invoices or vouchers shall be adjusted to reflect the agreed-upon prices, and any requested additional payments, refunds, or credits shall be made promptly.

(h) Quarterly limitation on payments statement. This paragraph (h) applies only during periods for which firm prices have not been established.

(1) Within 45 days after the end of the quarter of the Contractor's fiscal year in which a delivery is first made (or services are first performed) and accepted by the Government under this contract, and for each quarter thereafter, the

Contractor shall submit to the contract administration office (with a copy to the contracting office and the cognizant contract auditor) a statement, cumulative from the beginning of the contract, showing--

(i) The total contract price of all supplies delivered (or services performed) and accepted by the Government and for which final prices have been established;

(ii) The total costs (estimated to the extent necessary) reasonably incurred for, and properly allocable solely to, the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been established;

(iii) The portion of the total interim profit (used in establishing the initial contract price or agreed to for the purpose of this paragraph (h)) that is in direct proportion to the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been established; and

(iv) The total amount of all invoices or vouchers for supplies delivered (or services performed) and accepted by the

Government (including amounts applied or to be applied to liquidate progress payments).

(2) The statement required by subparagraph (1) of this section need not be submitted for any quarter for which either no costs are to be reported under subdivision (1)(ii) of this section, or revised billing prices have been established in accordance with paragraph (g) of this section, and do not exceed the existing contract price, the Contractor's price-redetermination proposal, or a price based on the most recent quarterly statement, whichever is least.

(3) Notwithstanding any provision of this contract authorizing greater payments, if on any quarterly statement the amount under subdivision (1)(iv) of this section exceeds the sum due the Contractor, as computed in accordance with subdivisions (1)(i), (ii), and (iii) of this section, the Contractor shall immediately refund or credit to the

Government the amount of this excess. The Contractor may, when appropriate, reduce this refund or credit by the amount of any applicable tax credits due the Contractor under 26 U.S.C. 1481 and by the amount of previous refunds or credits affected under this clause. If any portion of the excess has been applied to the liquidation of progress payments, then that portion may, instead of being refunded, be added to the unliquidated progress payment account, consistent with the Progress Payments clause. The Contractor shall provide complete details to support any claimed reductions in refunds.

(4) If the Contractor fails to submit the quarterly statement within 45 days after the end of each quarter and it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the

Government immediately. Unless repaid within 30 days after the end of the statement submittal period, the amount of the excess shall bear interest, computed from the date the quarterly statement was due to the date of repayment, at the rate established in accordance with the Interest clause.

(i) Subcontracts. No subcontract placed under this contract may provide for payment on a cost-plus-a-percentage-of-cost basis. The Contractor shall--

(1) Insert in each price redetermination or incentive price revision subcontract the substance of paragraph (h) of this section, and of this paragraph (i), modified to omit mention of the Government and to reflect the position of the

Contractor as purchaser and of the subcontractor as vendor, and to omit that part of subparagraph (h)(3) of this section relating to tax credits; and

(2) Include in each cost-reimbursement subcontract a requirement that each lower-tier price redetermination or incentive price revision subcontract contain the substance of paragraph (h) of this section, and this paragraph (i), modified as required by subparagraph (1) of this section.

(j) Disagreements. If the Contractor and the Contracting Officer fail to agree upon redetermined prices for any price redetermination period within 60 days (or within such other period as the parties agree) after the date on which the data required by paragraph (d) of this section are to be submitted, the Contracting Officer shall promptly issue a decision in accordance with the Disputes clause. For the purpose of paragraphs (f), (g), and (h) of this section, and pending final settlement of the disagreement on appeal, by failure to appeal, or by agreement, this decision shall be treated as an executed contract modification. Pending final settlement, price redetermination for subsequent periods, if any, shall continue to be negotiated as provided in this clause.

(k) Termination. If this contract is terminated, prices shall continue to be established in accordance with this clause for (1) completed supplies and services accepted by the Government and (2) those supplies and services not terminated under a partial termination. All other elements of the termination shall be resolved in accordance with other applicable clauses of this contract.

NOTES:

(1) Express in terms of units delivered, or as a date; but in either case the period should end on the last day of a month.

(2) Insert the numbers of days chosen so that the Contractor's submission will be late enough to reflect recent cost experience (taking into account the Contractor's accounting system), but early enough to permit review, audit (if necessary), and negotiation before the start of the prospective period.

(3) Insert "first," except that "second" may be inserted if necessary to achieve compatibility with the Contractor's accounting system.

(End of clause)

(End of Summary of Changes)