AMEND_0004.pdf

W81G6740035467

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:

Revise the special contract requirement "Adjustment To Fuel Price" (Section 00 80 00).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 3

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

16C. DATE SIGNED

BY 01-Apr-2014

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 W912ES-14-B-0004

X 9B. DATED (SEE ITEM 11)

07-Mar-2014

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

01-Apr-2014

CODE

CONTRACTING DIVISION

USACE - ST PAUL

180 5TH STREET EAST

SUITE 700

ST. PAUL MN 55101-1678

W912ES 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ES-14-B-0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

ADJUSTMENT TO FUEL PRICE

ADJUSTMENT TO FUEL PRICE

This clause prescribes the adjustments that will be made to the unit price(s) for certain contract line items in the event of changes (either upward or downward) in diesel fuel prices. The Contracting Officer will calculate the Adjustment to Fuel Price (AFP) for the affected contract line item unit prices on an individual task order basis.

These adjustments are premised on the assumptions set forth in this clause and will be applied uniformly regardless of the Contractor’s actual cost experience in performing the work under this contract.

For purposes of this adjustment, the Contracting Officer will use a Base Fuel Index (BFI). The BFI will be the published price (in dollars/gallon) in effect for Diesel Fuel (all types) for the Midwest (PADD 2) Region as established by the Energy Information Administration (EIA) on March 24, 2014. This information is published at http://www.eia.doe.gov. The index is currently updated on a weekly basis.

A Current Fuel Index (CFI) in dollars per gallon will be established at issuance of each task order. The CFI will be the published price in effect for Diesel Fuel (all types) for the Midwest (PADD 2) Region as established by the Energy Information Administration (EIA) in effect on the first calendar day of the month during which the task order is issued by the Contracting Officer. The AFP (addition or subtraction) to the unit price for a given line item will be computed by application of the following formula:

AFP = ((BUP*% Fuel Cost / (BFI – 0.513))*(CFI-BFI))

Where:

AFP = Adjustment to Fuel Price BUP = Bid Unit Price, the unit prices for each applicable contract line item CFI = Current Fuel Index (in dollars per gallon) BFI = Base Fuel Index (in dollars per gallon) = $3.975 on March 24, 2014 % Fuel Cost = presumed percentage of bid item cost attributable to fuel for a given

Contract Line Item subject to adjustment under this clause as indicated in the table below (this percentage IS NOT subject to adjustment as a result of the contractor’s actual cost experience)

0.513 = the presumed fuel tax rate (in dollars per gallon)

Basis of Adjustment

The AFP will be calculated and applied to (added or subtracted from the price of) each unit of each Contract Line Item Number (CLIN) identified in the table below, that will be used in a given task order. The adjustments to the unit prices for a given task order will be used for the life of that task order, including any modifications or adjustments to it. The adjustments will be rounded to the nearest cent; prices of elements within the formula will be rounded to the nearest tenth of a cent (three decimal places). CLINS not listed in the table below are not subject to adjustment for changes in fuel price under this or any other clause of the contract.

W912ES-14-B-0004

Table of Contract Line Items Subject to AFP

The items below will be subject to the AFP described above. These items appear in the base contract and both option years. Refer to the pricing schedule for the exact CLINs. CLINS not listed below are not subject to adjustment for changes in fuel price under this or any other clause of the contract.

Contract Line Item Unit % Fuel

Cost Dredging – St. Paul District CY 20% Transportation of Plant Between Dredging Sites MI 15% Transportation of Dredged Material, 4 – 8 River Miles CYM 20% Transportation of Dredged Material, Over 8 River Miles CYM 20% Overland Transportation of Dredged Material Up To and Including 0.5 Miles at Placement Sites with Special Consideration

CY 15%

Overland Transportation of Dredged Material Over 0.5 Miles and Up To And Including 1.5 Miles at Placement Sites with Special Consideration

CY 15%

Dredging/Excavation at Temporary Storage Sites CY 20% Small Boat Harbor Dredging - St. Paul District CY 20% Rock Island District Dredging CY 20% Small Boat Harbor Dredging - Rock Island District CY 20%

In the event the Energy Information Administration (EIA) ceases publication of the weekly diesel fuel price index, the Contracting Officer will, in his discretion, designate another fuel price index to be used in making the adjustment.

Example:

The following example is used to demonstrate the application of the AFP clause. This example is purely hypothetical and solely for demonstrating the operation of the clause as none of the indices applicable to this contract has yet been published.

For purposes of this example assume that:

The CLIN being adjusted is Dredging – St. Paul District The BUP is $5.00 The BFI is $3.705 The CFI is $3.431

The AFP would be calculated as follows:

AFP = ((5.00 * .20/(3.705 - .513))*(3.431 – 3.705))

(1 / 3.192) * -.274 = -.086 = -.09

The AFP for this CLIN would be -.09 resulting in a price of $4.91 for that CLIN on that Task Order.

(End of Summary of Changes)