9140--Diesel Fuel and Fuel Oil Removal and Replacement to Conform With New Regulations

Page 2 of 2 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation 36C24421Q1062 is issued as a request for proposal (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-02 published in the Federal Register today October 23, 2020. No telephone requests will be accepted. Only written requests received directly from the offeror are acceptable. The associated North American Industry Classification System (NAICS) code for this procurement is 324110 Petroleum Refineries, with a small business size standard of 1,500 Employees. The FSC/PSC 9140. This solicitation is 100% set-aside for SMALL BUSINESSES. IF OFFEROR IS A GSA SCHEDULE HOLDER, ALL INFORMATION REQUESTED IN THIS NOTICE MUST BE PROVIDED, NOT JUST THE OFFEROR S SCHEDULE NUMBER. The following is a list of the contract line item numbers, quantities and units of measure including options. ITEM INFORMATION ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 80,000.00 GL __________________ __________________ Current Ultra Low Sulfur Diesel Fuel Price from EIA.gov on June 2nd, 2021 Contract Period: Base POP Begin: 08-31-2021 POP End: 08-30-2022 0002 100,000.00 GL __________________ __________________ Ultra Low Sulfur No 2 Fuel Oil from EIA.gov on June 2nd, 2021 Contract Period: Base POP Begin: 08-31-2021 POP End: 08-30-2022 0003 1.00 JB __________________ __________________ Labor and Coordination Costs for fuel disposal and replenishment Contract Period: Base POP Begin: 08-31-2021 POP End: 08-30-2022 1001 1.00 UN __________________ __________________ Top off all UST and Generator Fuel Tanks Contract Period: Option 1 POP Begin: 08-31-2022 POP End: 08-30-2023 2001 1.00 UN __________________ __________________ Top off all UST and Generator Fuel Tanks Contract Period: Option 2 POP Begin: 08-31-2023 POP End: 08-30-2024 3001 1.00 UN __________________ __________________ Top off all UST and Generator Fuel Tanks Contract Period: Option 3 POP Begin: 08-31-2024 POP End: 08-30-2025 4001 1.00 UN __________________ __________________ Top off all UST and Generator Fuel Tanks Contract Period: Option 4 POP Begin: 08-31-2025 POP End: 08-30-2026 GRAND TOTAL __________________ PERFORMANCE WORK STATEMENT (PWS) Fuel Removal and Replacement with Ultra Low Sulfur Fuel Purpose The Corporal Michael J. Crescenz VA Medical Center (CMCVAMC) in an effort to comply with recent environmental regulatory changes has a need to properly dispose of approximately 100,000 gallons of a diesel/fuel oil mixture and 80,000 gallons of diesel fuel that the facility is no longer able to use due to elevated sulfur content. The CMCVAMC facility is seeking a contractor to facilitate the removal and replacement of this fuel from 7 underground storage tanks (USTs) and 7 emergency generators which are outlined in section VI Facility Underground Storage Tanks and Generators. To maintain facility readiness and capabilities during emergency situations the CMCVAMC is also seeking vendor to top off all underground storage tanks and generators with the fuel specified in VI Facility Underground Storage Tanks and Generators as requested. It is estimated that this will be required on an annual basis to replace fuel consumed during generator testing. Period of Performance Requirements contract for 5 years. Scheduling of Services All work completed under this contract will be required to be scheduled in close coordination with the contract officer representative (COR) and a third party responsible for the tank cleaning of all underground storage tanks and generator tanks after all waste fuel is removed. Contractor will be responsible for emptying tanks as scheduled and approved by the COR. After the tanks are fully emptied of all waste fuel all fuel tanks will be cleaned by another contractor under a different contract. Scheduling may be staggered to accommodate scheduling requirements of the facility and maintain sufficient fuel onsite to maintain facility readiness for emergency purposes and allow all fuel tanks to be cleaned before fuel replenishment. The COR and other facility staff will attempt to give contractor as much lead time as possible when scheduling the removal of all waste fuel and refueling of all facility fuel tanks after they have been cleaned however this may not always be possible. It is of great importance that the facility maintain compliance with VHA requirements of maintaining facility readiness for emergency situations including maintaining adequate backup fuel sources on premises. As a result, the contractor will be responsible for having fuel in sufficient quantities to fill all underground storage tanks and generator tanks immediately after tank cleaning is completed. Place of Performance Corporal Michael J. Crescenz VA Medical Center (CMCVAMC) 3900 Woodland Avenue Philadelphia, PA 19104 Description: Provides inpatient and outpatient services for veterans in areas: Emergency Department, Operating Rooms, Intensive Care Unit, Step down Units, Inpatient Units, Outpatient Clinics, Mental Health Services (inpatient/outpatient services), Food delivery, and Education. Community Living Center 3461 Civic Center Blvd Philadelphia, PA 19104 Description: Houses full-time residents in a nursing home type setting and Administration Buildings. Veteran Health Association Dialysis Center 4219 Chestnut Street Philadelphia, PA 19104 Description: Provides outpatient dialysis care for all Corporal Michael J. Crescenz VA Medical Center patients. Services and requirements Fuel Removal The facility currently has approximately 80,000 gallons of diesel fuel and approximately 100,000 gallons of a fuel oil and diesel mixture that must be removed and replaced to comply with recent regulatory changes that prohibit the storage and or use of fuel with greater than 15 ppm Sulfur. All underground storage tanks and generators are located at one of three locations listed in Section IV Place of Performance. A full break down of all underground storage tanks and generator locations can be found in Section VI Facility Underground Storage Tanks and Generators. The contractor will be required to remove all diesel fuel, fuel oil, and diesel/fuel oil mixtures from all underground storage tanks and generators listed is Section VI and dispose of it in compliance with all applicable federal, state, local, and VA guidelines, directives, codes, and regulations.. All discarded fuel will be recycled or discarded in a way that is most cost effective for the federal government. All fuel credits for waste fuel will be applied to services rendered as part of this contract or issued directly to the facility. All fuel credits for all recycled fuel will be deducted from the total costs associated with the replacement fuel. If the removal and recycling of this fuel does not result in any fuel credits the facility reserves the right to dispose of the fuel through other means not a part of this contract. Fuel Delivery Combined the CMCVAMC will require approximately 100,000 gallons of Ultra-Low Sulfur (ULS) #2 Fuel Oil and approximately 80,000 gallons of (ULS) Diesel Fuel delivered across three locations listed in Section IV for all underground storage tanks and generators listed in Section VI. All fuel being delivered, and all work completed as part of this contract will be compliant with all requirements of the CMCVAMC facility s Synthetic Minor Operating Permit No. OP17-000047, and with federal, state, local regulations as well as all VHA guidelines, directives, and codes. All delivered fuel oil or diesel fuel will have a sulfur content below 15 PPM which will be confirmed by a laboratory analysis of fuel samples taken from all fuel holding tanks after delivery to determine if all delivered fuel meets the requirements set forth in the scope of work. Fuel samples will be taken by a third-party contractor under a separate contract managed by the CMCVAMC. The COR will review all sample results and determine if the delivered fuel is satisfactory and meets all requirements of this scope of work. This will include but is not limited to the requirement that all delivered fuel must be below 15 PPM sulfur. If the COR finds the fuel brought to the facility by the contractor does not meet the requirements of this scope of work the contractor will replace all fuel that does not meet the requirements of this scope of work at no cost to the federal government. After the contractor replaces all fuel that does not meet the requirements of this scope of work, the contractor will be responsible to pay or issue a credit to the facility for any additional fuel samples taken of all new fuel. This will be done by a vendor selected by the CMCVAMC associated with another contract. The COR will not approve payment for any fuel or services rendered until the vendor has delivered replacement fuel that has been proven through laboratory analysis to meet all requirements set forth in this scope of work. Initial Fuel Delivery Requirements All underground storage tanks will be filled up to a maximum of 90% or less of UST capacity. Current facility UST configurations are set up so that they alarm if the tanks are filled beyond 90%. Contractor will be required to remove all fuel over 90% capacity of the underground storage tanks if the UST monitoring system detects the tank is filled over 90% forcing it to alarm. Contractor will fill all generator fuel tanks to capacity as per manufacturer guidelines. Contractor is responsible for the removal and cleanup of all fuel that is spilled during the fuel disposal or refueling process. This will include any fuel spilled in all underground storage tank sump containments. Facility staff will continually monitor the contractor during the fulfillment of all services rendered under this contract to ensure compliance with this requirement. All spill response efforts must be in compliance with PADEP s Emergency Response Program and 25 PA Code 245.305. Annual Refueling Requirements In order to maintain facility readiness in emergency situations the contractor will be required to top off all underground storage tanks and generators as requested. It is estimated based upon previous fuel consumption data this will be required on an annual basis to replace all fuel consumed during all equipment testing. Generator numbers B3-G1 and DOC-G1 may require fuel replenishment more frequently depending on generator testing and fuel consumption rates. Underground Storage Tank List Map of Underground Storage Tanks and Generators for the CMCVAMC and CLC FAR 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition and then list the provisions that apply and indicate if they are Full Text or By Reference Provisions. The only provisions actually included in full text in the Combined Synopsis Solicitation are those that you have to fill-in. The following provisions at a minimum need to be included: 52.204-7 System for Award Management (OCT 2018) (By Ref) 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020) (By Ref) 52.204-24, Representations Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020) (Full Text) 52.209-7, Information Regarding Responsibility Matters (OCT 2018) (Full Text) 52.229-11, Tax on Certain Foreign Procurements - Notice and Representation (JUN 2020) (By ref) Include Full Text and Complete Fill-Ins for 52.233-2, Service of Protest (SEPT 2006) 852.233-70, Protest Content/Alternative Dispute Resolution (By Ref) 852.233-71, Alternative Protest Procedure (By Ref) The provision at FAR 52.212-2, EVALUATION -- COMMERCIAL ITEMS (OCT 2014), applies to this acquisition. (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Service-Disabled Veteran Owned Small Business. 1. Price: Offeror s price shall be evaluated to determine if its fair and reasonable. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, emailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) A completed copy of the provision at FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL ITEMS (NOV 2020) shall be submitted with the offer. The clause at FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (OCT 2018), applies to this acquisition, with the following addendum: 52.203-7 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of whistleblower Rights (JUN 2020) (By Ref) FAR 52.204-13, System for Award Management Maintenance (OCT 2018); FAR 52.204-18, Commercial and Government Entity Code Maintenance (AUG 2020); 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) (By Ref) FAR 52.204-13, System for Award Management Maintenance (OCT 2018) (By Ref); FAR 52.204-18, Commercial and Government Entity Code Maintenance (AUG 2020) (By Ref) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (Jul 2020) (Dev) (Full Text) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013); FAR 52.237-2, Protection of government Buildings, Equipment, and Vegetation (APR 1984); 852.212-70, Provisions and Clauses Applicable to VA Acquisition of Commercial Items (APR 2020) (Full Text) VAAR 852.203-70, Commercial Advertising (MAY 2008) (By Ref); 852.215-70, Service-Disabled Veteran-Owned and Veteran Owned Small Business Evaluation Factors (By Ref) VAAR 852.215-71 Evaluation Factor Commitments (By Ref) VAAR 852.216-71 Economic Price Adjustment of Contract Prices) Based on a Price Index. VAAR 852.232-72, Electronic Submission of Payment Requests (By Ref) VAAR 852.246-71. Rejected Goods (By Ref) VAAR 852.270-1, Representatives of Contracting Officers (By Ref) VAAR 852.219-74, Limitations on Subcontracting - Monitoring and Compliance (JUL VAAR 852.219-75, Subcontracting Commitments Monitoring and VAAR 852.223-71, Safety and Health (SEP 2019) (Full Text) FAR 52.216-18 ORDERING (AUG 2020) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date 08/20/2021 through 08/30/2026. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) A delivery order or task order is considered issued when (1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail; (2) If sent by fax, the Government transmits the order to the Contractor's fax number; or (3) If sent electronically, the Government either (i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or (ii) Distributes the delivery order or task order via email to the Contractor's email address. (d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract. (End of Clause) FAR 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $180,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor (1) Any order for a single item in excess of $; (2) Any order for a combination of items in excess of $; or (3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 08/31/2026. (End of Clause) 52.216-21 REQUIREMENTS (OCT 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 7/30/2026. (End of Clause) 852.216-71 Economic Price Adjustment of Contract Price(s) Based on a Price Index. As prescribed in 816.203-4(e)(1), insert the following clause: ECONOMIC PRICE ADJUSTMENT OF CONTRACT PRICE(S) BASED ON A PRICE INDEX (MAR 2018) (a) To the extent that contract cost increases are provided for by this economic price adjustment clause, the Contractor warrants that the prices in this contract for the base period and any option periods do not include any amount to protect against such contingent cost increases. (b) The Base and Adjusting Indexes, for the purpose of price adjustment under this clause, shall be Spot Prices for Petroleum and Other Liquids as contained in New York Harbor Ultra-Low Sulfur No 2 Diesel Spot Price New York Harbor Ultra-Low Sulfur No 2 Diesel Spot Price (Dollars per Gallon) (eia.gov) as published by the U.S. Energy Information Administration. All adjustments authorized under this clause shall be made by using the Base Index and Adjusting Indexes, which are published weekly for all weekdays, excluding holidays, of the previous week. The Base Index, for the purposes of price adjustment under this clause, shall be the most recent Index published prior to the date for receipt of offers, or the due date for receipt of best and final offers if discussions were held whichever is later. The Base Index shall remain constant for the entire term of the contract, including all option periods. The Base Index for this contract shall be the index rate for August 6, 2021; $2.142/gallon. (2) The Adjusting Index shall be the most recent Index published prior to the date of contract adjustment, as specified in paragraph (d) of this clause. (c) The percentage difference between the Base Index and the Adjusting Index, rounded to the nearest .01 percent (e.g., 4.57%), will be used in calculating all adjustments to the following line items: CLIN 0001, 1001, 2001, 3001,4001 for Ultra Low Sulfur No2 Off Road Diesel The prices for these line items will be multiplied by the percentage increase or decrease and the resulting amount will be added to or deducted from the original line item price for that contract period (e.g., Base Year) to arrive at the new contract price for those line items from the effective date of the adjustment to the beginning of the next contract adjustment period, rounded to the same number of decimal points as the prices originally bid. Calculations for option year contract terms will be based on the prices in the schedule for those option years. (d) The dates of contract adjustment shall be 7th and 21st of each month using spot rate published for the 1st and 14th of each month for the duration of the contract beginning with published spot rate for August 6, 2021. - And the starting date of each option year, if not already included in these dates. The Contracting Officer shall retain a copy of the Base Index in the contract file and, on each date of adjustment specified in this paragraph (d), shall obtain a copy of the Adjusting Index. The Contracting Officer shall calculate the adjustment due and shall, within 5 business days, issue a modification to the contract adjusting the unit or contract prices, as specified in paragraph (c). The adjusted unit or contract prices shall be effective for all orders placed or services provided after the date of contract adjustment as specified in this paragraph (d) until the beginning of the next contract adjustment period. If the Contracting Officer fails to act, the Contractor shall request in writing a contract adjustment and any subsequent adjustment shall be retroactive to the applicable date of contract adjustment specified in this paragraph (d). The Contractor s entitlement to price increases for a prior contract period (base year or option year) is waived unless the Contractor s written request for an adjustment under this clause is received by the Contracting Officer no later than 30 days following the end of the base year for changes applicable to the base year, or 30 days following the end of each option year for changes applicable to that option year. The Government s right to contract decreases for prior contract periods (base year or option year) is waived unless the Contracting Officer processes a contract modification no later than 30 days following the end of the base year for changes applicable to the base year, or 30 days following the end of each option year for changes applicable to that option year. (e) An example of an adjustment calculation is provided herein for informational purposes only. (1) The original contract price or line item prices for that contract term (e.g., base year) shall be used for all calculations during that particular contract term and new calculations shall be made for each and every contract adjustment period specified in paragraph (d) during that contract term. (2) For purposes of this example, the contract prices for the line items as specified in paragraph (c) will be adjusted by the percentage calculated as follows: Adjusting Index for the current period (August 6, 2021 Spot Price) 2.142 Minus the Base Index (July 30, 2021 Spot Price) 2.191 Equals the Index Point Change .049 Index Point Change Divided by the Base Index .049/2.191 = 0.223* Result Multiplied by 100 Equals the Percentage Change 2.23% (The Index Point Change Percentage) 4.57% *This figure shall be rounded to the fourth decimal place. When the fifth decimal is 1 to 4, the figure shall be rounded down, 5 to 9, rounded up. *This figure shall be rounded to the fourth decimal place. When the fifth decimal is 1 to 4, the figure shall be rounded down, 5 to 9, rounded up. (3) For a line item with an original bid price of $25.00 and a 4.57 percent Index Point Change increase as of the first contract adjustment period, as shown above, the calculations for a new contract price for the first contract adjustment period would be as follows: $25.00 X .0457 = $1.14, $25 + $1.14 = $26.14**. The new contract price for this line item from the beginning of that first contract adjustment period until the start of the next contract adjustment period would be $26.14 and the Contracting Officer would issue a contract modification reflecting this price change. **The unit price adjustment shall be rounded up or down, as in paragraph (e)(1) above, to match the number of decimal places in the original bid. (4) If the Adjusting Index went down for the second adjustment period, reflecting only a 3 percent Index Point Change increase over the Base Index, the new price for this sample line item would be reduced for the second contract adjustment period from $26.14 to $25.75 as follows: $25 X .03 = $0.75, $25 + $0.75= $25.75. Note that the calculations for the second contract adjustment period are based on the original contract price for that contract term of $25.00. The contract price for this line item is modified to reflect this new price for the second contract adjustment period. (5) At the start of the first option year and each subsequent option year period (as well as for each contract adjustment period specified in paragraph (d) during that option year, if different), the Contracting Officer shall recalculate the contract or unit prices for that first option year based on any changes between the Adjusting Index and the Base Index, from the original contract award date to the start of the first option period, and based on the Contractor's new option year prices. Assume the Contractor s bid price for the first option year for the above sample line item was $25.50 and the calculations shown in paragraph (e)(1) above at the start of the first option period reflected a 6 percent Index Point Change. The new contract price for this sample line item at the start of the first option period would be calculated as follows: $25.50 X .06 = $1.53, $25.50 + $1.53 = $27.03. The Contracting Officer would process a contract modification reflecting a revised contract price of $27.03 for the first contract adjustment period in the first option year. (f) Price adjustments pursuant to this clause, shall be documented by a contract modification issued by the Contracting Officer, show the Base Index (see paragraph (b)(1)), the Adjusting Index, the adjusted contract prices (see paragraph (c)), the mathematical calculations used to arrive at the adjusted contract prices, and the effective date of the adjustment (see paragraph (d)). (g) At the start of each option year, the Contracting Officer shall, within 5 days of the start of the option year period, process a contract modification adjusting the option year prices by the then current Index Point Change percentage, if any, reflecting the new adjusted prices for that first contract adjustment period in that option year. (h) In the event that New York Harbor Ultra-Low Sulfur No2 Diesel Spot Price Index mandated by the U.S. Energy Information Administration discontinues, or alters substantially, its method of calculating the Index cited herein, the parties shall mutually agree upon an appropriate substitute for determining the price adjustment described herein. If the Contracting Officer determines that the Index consistently and substantially fails to reflect market conditions, the Contracting Officer may modify the contract to specify the use of an appropriate substitute index, effective on the date the Index specified herein begins to consistently and substantially fail to reflect market conditions. (i) Any dispute arising under this clause shall be resolved subject to the Disputes clause of the contract. (End of clause) The Contracting Officer shall conduct market research to determine a suitable Consumer Price Index or other independent broad-based index to use for the solicitation. The index used must be related to the type of commodity or service being acquired and must be expected to approximately track the economic changes expected to affect the Contractor s costs. For example, for medical services, an appropriate index may be the Consumer Price Index that tracks medical services. For a contract for physician services, an appropriate index may be the Consumer Price Index that tracks professional medical services. For example, in a solicitation for laboratory testing services, the Contracting Officer might enter into this block the Consumer Price Index for All Urban Consumers (CPI-U) 1982-8...