Amendment to Solicitation W911RZ-22-Q-0009.docx

Amendment to Solicitation W911RZ-22-Q-0009

Proposal Due date changed from 25 Feb 2022 @ 1200 Pm to Tuesday March 1, 2022 @ 1200

Adding the following Clause to the solicitation: FAR 52.216-2 Economic Price Adjustment- Standard Supplies.

52.216-2 ECONOMIC PRICE ADJUSTMENT--STANDARD SUPPLIES (JAN 1997)

(a) The Contractor warrants that the unit price stated in the Schedule for CLIN 0001 and 0002 [offeror insert Schedule line item number] is not in excess of the Contractor's applicable established price in effect on the contract date for like quantities of the same item. The term "unit price" excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that (1) is an established catalog or market price for a commercial item sold in substantial quantities to the general public, and (2) is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor's established price, and this contract shall be modified accordingly.

(c) If the Contractor's applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor's written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective (i) on the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor's written request within 10 days thereafter or (ii) if the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor's written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

(End of Clause)

Addendum to the SOW:

Adding:1.1.4. ECONOMIC PRICE ADJUSTMENT: A fixed-price contract with economic price adjustment provides for upward and downward revision of the stated contract price upon the occurrence of specified contingencies. Economic price adjustment areas of three general types:

(1) Adjustments based on established prices. These price adjustments are based on increases or decreases from an agreed upon level in published or otherwise established prices of specific items in the contract end items.

(2) Adjustments based on actual costs of labor or material. These price adjustments are based on increases or decreases in specified costs of labor or material that the Contractor actually experiences during contract performance.

(3) Adjustments based on cost indexes of labor or material. These price adjustments are based on increases or decreases in labor or material cost standards or indexes that are specifically identified in the contract.

Adding:1.1.4.1 ECONOMIC PRICE ADJUSTMENT: If propane prices are increased or decreased, the contractor shall provide the Government with proof of price adjustment based on the prices listed at https://www.eia.gov/petroleum/heatingoilpropane/rockymountain . Up to four (4) adjustments may be authorized. FAR Clause 52.216-2 is incorporated into the solicitation for economic price adjustments. Quantities and dates are estimates based on historical information and are subject to change if determined to be within the scope of the order by the contracting officer.

4.3.1(b) RESPONSE: Dispatch the Contractor's emergency response personnel within 24 hours after receipt of notification from the KO or Government Representative.

5.1.2 DELIVERY: The Contractor is responsible for providing a continuous uninterrupted supply of propane to On-Post facilities identified by the Government Representative. Propane will be delivered via tank truck. The Propane tanks will not be "exchanged." Propane tanks will be left in place and filled. If the contractor is unable to deliver on the scheduled date and time, the contractor shall deliver the next day or as soon as possible to “make up” for the missed delivery, to maintain the “auto Fill” delivery schedule on 5.1.3 Coordinate with the customer.

5.1.3 AUTOMATIC FILL: The Contractor shall establish and maintain an "automatic fill" delivery schedule which assures that the level of propane in each tank does not fall below 30% of the tanks actual usable capacity at all times. The delivery schedule shall allow for regular filling of each tank to avoid falling below 30% of the tanks usable capacity. The Contractor shall provide the Government Representative with a written copy of the delivery schedule. In order to ensure propane availability and fill level monitoring, the Contractor must establish vehicle routes and schedules. They are to be submitted to the Contracting Officer Representative (COR) within five (5) calendar days after date of contract award. The Contractor may propose adjustments to the schedule at any time.

5.1.4 RUN-OUTS: In the event the supply of Propane at any tank is exhausted, the Contractor shall, within 24 hours after receipt of notification from the KO and/or Government Representative, deliver and fill the tank(s).