W911XK21R0001 Amendment 0009.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

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

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, 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 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 your 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 APPROPIRATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

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

CHECK ONE 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.

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

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

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

J 1

0009 Oct 20, 2021 W56MES91578281

W911XK

US ARMY ENGINEER DISTRICT, DETROIT

477 MICHIGAN AVENUE, 7TH FLOOR

DETROIT MI 48226-4523

SEE ITEM 6

W911XK21R0001

Jul 2, 2021

PROJECT TITLE: New Lock at the SOO, (New Third Lock) Sault Ste Marie, MI

This amendment is issued to:

-Revise the proposal due date to November 19 2021 at 1000 EST -Incorporate Economic Price Adjustment Clause and Procedures -Change Contract Type from Firm Fixed Price to Fixed Price with Economic Price Adjustment -Change Solicitation Procedures from Staggered to Standard One Phase -Reopen solicitation for fair public opportunity based on revised procedures

Travis Specht

Oct 20, 202

W911XK21R0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF30 – BLOCK 14 CONTINUATION PAGE (SF30)

The following have been added by full text:

AMENDMENT 0009

Amendment 0009

All references within the solicitation and all subsequent modifications to Firm Fixed Price contract type should now be read as Fixed Price with Economic Price Adjustment.

All reference to a staggered solicitation method should be considered obsolete as of the effective date of this amendment. As of this amendment this solicitation is considered a standard, 1 phase approach with all proposal requirements being due at the time of proposal suspense listed in block 14 (November

19, 2021 at 1000 AM EST). Any offers submitted prior to this time are still valid. They may be revised but revisions are not required.

All reference to price proposal requirements are revised to incorporate the following:

The Price Proposal must include the Unit Price Table included in the Economic Price Adjustment Clause.

Prices will be evaluated inclusive of the maximum 25% increase in commodity costs based on an application of unit price to estimated quantities.

The below clause is incorporated by full text:

ECONOMIC PRICE ADJUSTMENT

(a) On an annual basis (starting on the first pay application after 12 months from Notice to Proceed and then on the first pay application every 12 months thereafter), the Producer Price Index (PPI) will be reviewed by the Government to determine whether an adjustment to the contract price shall be made based on the price of the identified commodities. The price for these commodities may be adjusted up or down based on the annual change in the PPI. This will not extend to time periods beyond original contract completion date (inclusive of any exercised options).

(b) For each commodity listed below, the estimated quantities and unit price for the commodity itself – exclusive of direct or indirect costs or profit – shall be listed in the appropriate section of the table below. All unit costs must be completed as part of the price proposal. The estimated quantities are used solely for the purpose of apportioning price adjustments and are not for the purpose of allowing variation in the quantities for the line item.

(c) The determination will be based on the annual difference in the designated index for each commodity listed below to the quantities purchased in the preceding calendar year. No adjustment will be made unless the price adjustments would result in a change of at least 3% in the unit price for that commodity in the included table. All unit prices identified for the year under consideration will be compared to the base year price to determine projected and actual escalation. If the indicated market fluctuation would result in a change to the unit price of more than 3%, the unit price will be increased for the remaining contract duration. CLIN prices will be adjusted based on an application of the unit price increase or decrease applied to the estimated quantities less all quantities already invoiced or identified for purchase through a forward pricing agreement.

For example, if the initial proposed price for commodity (a) is $100 and the PPI at the point of the first review indicates a 3% increase in pricing for that commodity, the unit price for the remainder of the contract (or until the next annual increase/decrease) would be $103. If the initial estimated quantity for commodity (a) on CLIN 1 is 15 tons and 4 tons were procured during the first year, there would be 11 tons remaining, so the price of CLIN 1 would increase by $3 per ton applied to the 11 remaining tons, or $33.

(d) Subsequent modifications resulting in a price adjustment pursuant to the Changes clause or other provisions unrelated to EPA adjustments should be priced as though no provisions for EPA are included. Additional EPA language and conditions may be included in future modifications if that modification would significantly impact the period performance or unit prices of commodities identified in this clause.

Producer Price Index ‐ https://beta.bls.gov/dataQuery/search ‐ Steel (Structural, Piling, and Rebar): WPU1017 ‐ Cement: WPU1322 ‐ Aggregate (Concrete & Fill): WPU1321 ‐ Other Concrete Materials (Fly Ash, Blast Furnace Slag): WPU132

In the unlikely event that publication of the designated index is discontinued, substitution of another index will be made if the time remaining on the contract would justify doing so and an appropriate index is reasonably available. This determination will be made at the sole discretion of the Procuring Contracting Officer.

The designated index is subject to revisions. Any economic price adjustment made under this contract will be based on the revised index in effect at the time specified for adjustment. Each request for economic price adjustment must identify which revision to the index will be used.

(e) If the review referenced in (a)‐(c) indicates an increase in the contract price is warranted, the Government will inform the Contractor of the assumed adjustment. The Contractor must submit a formal request for adjustment, with any supporting data required for the Government to initiate the associated contract action. If the contractor either does not timely provide any requested data to support its adjustment by the date and time specified by the Contracting Officer, or its data does not support an adjustment in the Contracting Officer’s view, no increase shall be made for that period.

(f) The Contractor must include all forward pricing agreements or scheduled prices for the materials under consideration. This includes purchases of any materials procured prior to the annual review that would not be invoiced until after the annual review. Materials subject to a forward pricing agreement or scheduled price will not be considered for adjustment (up or down).

(g) EACH INVOICE must include the quantities of eligible materials purchased as part of that invoice, segregated by CLIN. The Contractor must be able to support the claimed quantities through supplier invoices upon request. If invoices indicate quantities should have been included in the data required under paragraph (g), the subsequent adjustment will reflect the appropriate correction. If materials are purchased as part of a component (gates, large structures, etc...) the materials are only eligible for consideration if the subcontractor/supplier invoice individually identifies commodities quantities.

(h) Only quantities procured in the calendar year immediately preceding adjustment will be considered for adjustment. Adjustments will be applied to the entire actual quantity of ELIGIBLE commodities procured in that calendar year.

(i) If the review referenced in (a) indicates a decrease in the contract price is warranted, the Government will provide notice to the Contractor regarding the calculated credit due the Government price decrease, to include supporting data.

(4) The aggregate of the increases in any contract unit price made under this clause shall not exceed 25 percent of the original unit price. The aggregate of the decreases in any contract unit price made under this clause shall not exceed 25 percent of the original unit price. The aggregate of all changes made under this clause shall not exceed 10% of the total contract price.

(j) The Contracting Officer may examine the Contractor's books, records, and other supporting data relevant to the cost of material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

UNIT PRICE TABLE; TO BE INCLUDED WITH PRICE PROPOSAL

Structural Steel

Steel (Piling)

Steel (Rebar)

Aggregate (Fill)

Aggregate (Concrete)

Fly Ash

Blast Furnace Slag

UNIT PRICE

QUANTITIES

CLIN 0001

(Base Work Bid Schedule Items 0001‐0069)

CLIN 0002

(New Pump Well, Bid Schedule Items 0101‐0117)

CLIN 0003 (NPP

Bridge, Bid Schedule Items 0201‐0203)

CLIN 0004

(Construction of Chamber

Wall, Bid

Schedule Items

1001‐1017)

CLIN 0005

(New Pump

Well, Bid Schedule Items 2001‐2038)

CLIN 0006

(Chamber Lock, Bid Schedule Items 3001‐ 3007)

CLIN 0007

(Downstream Work, Bid Schedule Items 4001‐4003)

CLIN 0008

(Handsfree Mooring, Bid Schedule Items 5001‐5002)

CLIN 0009

(Downstream Ship Arrestor, Bid Schedule Items 6001‐ 6002)

CLIN 0010

(Alligator’s Mouth Extension, Base Bid Items 7001‐ 7002)

*Estimated quantities are strictly for the purpose of administrating this clause. This is not for the purpose of variation of estimated quantities or any other cost/quantity related data as applies to this contract. However, price adjustments are limited to, at a maximum, the estimated quantities identified here or on modification to this clause resulting from future contract modification.

(End of clause)