W9128F19R0043_Amendment__0006.pdf

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

The purpose of this Amendment is to update the 00 10 00, Attachment #2 Sample Project and Attachment #3 Cost Spreadsheet.

1. CONTRACT ID CODE PAGE OF PAGES

U 1 6

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

16C. DATE SIGNED

BY 30-Jul-2019

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 W9128F19R0043

X 9B. DATED (SEE ITEM 11)

05-Jul-2019

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 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

30-Jul-2019

CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9128F19R0043

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The following have been modified:

CONTRACT RATE PRICING SCHEDULE

Section 00 10 00

CONTRACT RATE PRICING

SCHEDULE

TABLE 1: Binding Labor Rates (AM#0003)

Labor Discipline

U nb ur de ne d

L ab or R at e

(B as e Pe ri od

B ur de ne d L ab or

R at e (B as e

Pe ri od

B ur de ne d L ab or

R at e (B as e

Pe ri od

B ur de ne d L ab or

R at e (B as e

Pe ri od

B ur de ne d L ab or

R at e (O pt io n B as e

Pe ri od

B ur de ne d L ab or

R at e (O pt io n B as e

P er io d

5)

B ur de ne d L ab or

R at e (O pt io n Pe ri od

B ur de ne d L ab or

R at e (O pt io n Pe ri od

B ur de ne d L ab or

R at e (O pt io n Pe ri od

B ur de ne d L ab or

R at e (6

M on th

E xt en si on

Accounting Manager (Home Office)

Program Manager/ Construction Operations Manager

Corporate Quality Control Manager

Corporate Safety and Health Manager

Procurement Specialist (Home Office)

Response Manager/Project Manager (Home

Engineer (Home

Accounting/ Financial Analyst (Field Office)

Onsite Project Cost Tracker (Field

Site Superintendent

Quality Control Specialist/CQC System Manager

Site Safety and Health Officer (Field

1. Firm Fixed Pricing Task Orders

1.1 Binding Capped Hourly Labor Rates

The binding capped labor rates for this contract shall be provided by the Offeror in Table 1. The amount to be paid to the contractor for each firm-fixed price task order shall not exceed the “maximum” hourly rates proposed by the contractor for the labor disciplines listed in Table 1, “Binding Labor Rates.”

1.1.1 The capped hourly rates provided on Table 1 shall be “Fully Burdened,” i.e., shall include Overhead (OH), General/Administrative (G&A), Labor Burden Fringes, and any other indirect costs exclusive of profit.

1.1.2 Labor rates used in formulating task order proposals shall not exceed the capped labor rates as of the date of task order requirement.

1.1.3 The Offeror shall indicate for each discipline whether it is employed by the prime or a subcontractor by annotating PRIME or SUB next to the discipline in the first column. For example, “CADD Operator (SUB)”.

The rates shown per labor discipline shall be fully burdened rates, exclusive of profit.

1.1.4 The hourly burdened labor rates proposed in the Binding Capped Labor Rate Schedule are binding upon contract award for the life of the MATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications.

1.1.5 The capped hourly, fully burdened labor rates shall include all applied direct and indirect costs, e.g., direct labor costs, payroll taxes, insurance, benefits, applied OH, applied G&A, and any other applied indirect costs, but shall not include profit.

1.1.6 If a discipline is not listed in the contract rate pricing schedule and is required for the contractor to perform a specific task order, the contractor may propose the required labor category and provide the unburdened labor rate along with all applied direct and indirect costs which formulate the fully burdened labor rate (exclusive of profit) in the proposal submitted in response to the issued Request for Task Order Proposal (RTOP).

1.1.7 If during the Contract Period of Performance, the Offeror’s original key personnel (prime or subcontracted) are no longer available, the Offeror shall replace these individuals with personnel whom, at a minimum, have the same qualifications as the personnel being replaced. The Offeror shall be responsible for negotiating labor rates for those personnel that do not exceed the rates provided in Table 1, which are the maximum rates the Government will pay for any personnel. The Contractor shall submit the replacement personnel’s qualifications to the Contracting Officer for approval.

1.1.8 The applicable capped labor rates shall be governed by the effective date of the Task Order. Task Orders will use the prices for the 12-month period effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates of the “current 12-month” binding labor rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issue on 1 September 2020 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2019. Under the same assumptions, if a modification to the Task Order is required in December 2020, the labor rates effective on 1 November 2020 will apply.

1.1.9 The Offeror has the responsibility to provide labor rates that comply with all potential Service Contract Act wage determinations and/or Davis Bacon wage decisions for each labor discipline subject to those wage determinations/wage decisions. The Government will provide the applicable wage determination(s) for the specific geographic location of the task orders in the RTOP.

1.1.10 Provide one (1) rate per labor discipline, regardless of whether the individuals employed for that discipline are directly employed or subcontracted.

1.2 Firm-Fixed Price Escalation and Maximum Profit

1.2.1 The escalation rate applied to years 2 through 5 8 (AM#0002) shall be provided by the Offeror in Table 2:

Table 2: Escalation Rate

Profit will be negotiated at the task order level for each Firm-Fixed Price task order but shall not exceed the maximum profit rate provided by the Offeror in Table 3, “Maximum Profit.” The maximum profit shall be binding for the life of the contract, to include all option periods and extensions, and shall be the maximum profit the Contractor will be allowed to propose for all firm-fixed-price task orders and modifications issued under this contract.

1.2.2 The Contractor may propose a lower profit when responding to a RTOP (or subsequent modifications) based on the tasks identified in the request and the risk associated with the project.

1.2.3 The maximum profit on this contract shall be provided by the Offeror in Table 3:

Table 3: Maximum Profit

2. Cost Reimbursable Task Orders

The contractor shall have the ability to support cost reimbursement task orders (i.e., an adequate cost accounting system for determining costs applicable to the contract order and acceptable purchasing system). The Government reserves the right to request a Defense Contract Audit Agency DCAA Audit prior to or after contract award.

Additionally, each cost reimbursable task order issued will be subject to DCAA Audit.

2.1 Accounting System

The contractor will use DCAA approved forward pricing rates or Certified Public Accountant (CPA) established cost pools in accordance with FAR Part 31 for applied Overhead, G&A, and other indirect applied rates, and shall have an accounting system that is in compliance with Cost Accounting Standards (CAS) [large business firms only] and Generally Accepted Accounting Principles (GAAP).

2.2 Fixed Fee

Fixed Fee will be negotiated on each cost reimbursement task order. In no case can the fixed fee exceed the statutory limit of 10% for cost reimbursement task orders, in accordance with Federal Acquisition Regulations 15.404-4.

2.2.1 The maximum Fixed Fee shall be provided by the Offeror in Table 4, Maximum Fixed Fee, and is binding upon contract award for the life of the MATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications.

Table 4: Maximum Fixed Fee

3. Binding Capped Rates for Firm Fixed and Cost Reimbursable Task Orders

The Binding Capped Rates represent the maximum Overhead, G&A, or other Indirect rates that the Contractor shall use when responding to a RTOP issued by the Government. These rates are applicable to both Firm Fixed Price and Cost Reimbursable contracts and shall also apply to all modifications. The Offeror may use lower rates in proposals, but not higher.

3.1 The Binding Capped Rates shall be the maximum applied OH, G&A and other indirect rates used for the duration of the contract. The Binding Capped Rates will not be adjusted upward as a result of an audit of the contract or the follow-on task orders. The Contractor should use the actual labor rate(s) paid to the employee(s) for each discipline with the applied Binding Capped Rates for OH, G&A and other indirect rates. A Contractor can propose lower OH, G&A and other indirect rates for a specific task order; however, those proposed lower rates become the binding capped rates for that specific task order. The proposed task order indirect rates will not be adjusted upward as a result of an audit of the contract or the specific task order.

3.2 The Binding Capped Rates for this contract shall be provided by the Offeror in Table 5. The capped rates provided by the Offeror are binding upon contract award for the life of the MATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications, unless adjusted in accordance with paragraph 3.1.

Table 5: Binding Capped Rates

Home Office Overhead Rate (if applicable)

Home Office G&A Rate (if applicable)

Home Office Fringes (if applicable)

Field Office Overhead Rate (if applicable)

Field Office G&A Rate (if applicable)

Field Office Fringes (if applicable)

4. Department of Labor Wage Rates

The appropriate Department of Labor Wage Determination/Decision will be provided for individual Task Orders issued against the contract.

5. Travel

The Contractor shall perform all travel and attend all meetings necessary for completion of the work required by the Task Orders. Per Diem (lodging and MI & E expenses) shall be paid at the current Government rates in accordance with the Federal Travel Regulation (FTR) per person per calendar day spent in travel status. No per diem will be paid for travel less than the number of hours per day stated in the current FTR. Per Diem rate information may be obtained at http://www.defensetravel.dod.mil/. Actual cost of transportation by public conveyance (plane, limited to coach class) shall be paid. Air travel shall (if possible) be planned in advance in order to acquire the best prices available. Privately owned vehicles shall be paid at the current Government mileage rate in accordance with the FTR. The maximum amount paid for an airline ticket shall be the cost of travel via coach class. No fee or profit will be paid on travel. (AM#0006)

(End of Summary of Changes)