Okaloosa County BOCC — December 18, 2012 — reading text

since been through the County Contract Review process and has been revised further with input from Purchasing, Risk Management, Legal, and Contracts & Grants. Because the legal documentation was so voluminous, Ms. Heather Encinosa (Nabors, Giblin & Nickerson) assisted Mr. Dowd with the legal review/input. Like HDR, Ms. Encinosa has prior UP experience at other Air Force bases. The County Contract Review coordination sheet is also attached for your review. The OCWS UP Team is now in the process of reviewing and printing the 10 volumes. OCWS is requesting that the BCC authorize the Chairman to sign the pertinent sections of the proposal/contract offer, on behalf of OCWS, at the appropriate time before Feb 19. Currently, there is still a lot of printing, binding, and collating to be done. Should the BCC approve this agenda item and authorize the Chairman to sign, OCWS would get the final documentation to the Chairman for signatures during the week of February 11. After the February 19 submittal, the future timeline is somewhat uncertain. It is possible that the Federal Government will further delay UP or place it on hold. If DLA does intend to move forward awarding a contract to OCWS, there would be negotiations and then OCWS would enter into a contract for a transition period, which is expected to be 6-9 months. During this period, the infrastructure would transition from being operated and maintained by Eglin to being operated and maintained by OCWS. During this transition period, OCWS would be taking a full inventory of the system and doing an investigation/analysis on the infrastructure, mostly underground. OCWS would be able to opt out of the contract or we would be able to renegotiate the contract and enter into the final 50-year contract. At the conclusion of the transition period, Packet Pg. 158  8.2.b OCWS would be given a Bill of Sale, and we would be responsible for owning, operating, maintaining, and replacing the water distribution system and wastewater collection system for a period of 50 years. At the end of the 50-year contract, the infrastructure reverts back to Eglin AFB or there is the possibility to re-negotiate. If OCWS were to be awarded the contract for Eglin UP, this transaction would yield great benefits to OCWS rate payers and to Okaloosa County as a whole. As the owner, we would enhance our existing relationship with Eglin AFB by establishing a 50-year relationship. We would maintain control of decision making and how to most effectively utilize our resources. The ownership role provides for a greater opportunity to create new sources of positive cash flow, which assists in stabilizing operations, and potentially in mitigating future rates increases. Our expanded operations could also serve to facilitate investigating other consolidation of services opportunities in the local and regional area. OPTIONS: Approve or Deny. RECOMMENDATIONS: Staff recommends BCC approval to submit a proposal for Eglin UP and to authorize the Chairman to sign the proposal/contract offer documents on behalf of Okaloosa County Water & Sewer. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 159  8.2.b.a Volume III Table of Contents Page 1 Volume III: Table of Contents L.6.1.1 Standard Form (SF) 33 & Representations and Certificates ...................................................... 2 Attachment: Volume III Contract Documetation-01292013 (1332 : Eglin AFB Utilities Privatization (UP) Proposal) L.6.1.2 Section K Annual Representations and Certifications ................................................................ 3 L.6.1.3 CAS Certification per FAR 31.230-1 ............................................................................................. 4 L.6.1.4 RFP Amendments .......................................................................................................................... 5 L.6.1.5 CAS Waiver and FAR Part 31 Deviation ....................................................................................... 6 L.6.1.6 Completed Service Provisions ....................................................................................................... 7 L.6.1.7 Completed Capital Credits ............................................................................................................. 8 L.6.2 Alternate Proposals and Exceptions to Terms and Conditions ...................................................... 9 L.6.2.1 CAS Waiver and FAR Part 31 Deviation .................................................................................... 23 L.6.2.1.1 CAS Waiver Discussion – Certifications .............................................................................. 23 L.6.2.1.2 FAR Part 31 Deviation .......................................................................................................... 23 L.6.3.1 Authorized Personnel .................................................................................................................. 24 L.6.3.2 Subcontracting Plan .................................................................................................................... 25 L.6.3.5 Socioeconomic Plan .................................................................................................................... 30 L.3.8 Cross-Reference Matrix .................................................................................................................. 32 L.3.9 Glossary of Abbreviations and Acronyms ..................................................................................... 33 Attachment 1 – L.6.1.1 Original Standard Form 33 Contract ............................................................. 34 Attachment 2 – L.6.1.2 and .3 Representations and Certifications .................................................... 35 Attachment 3 – L.6.1.4 Acknowledgment of RFP Amendments......................................................... 36 Glossary of Abbreviations and Acronyms Cross Reference Matrix Eglin Air Force Base Packet Pg. 160  8.2.b.a Volume III Contract Documentation Page 2 L.6.1.1 Standard Form (SF) 33 & Representations and Certificates Standard Form 33 has been completed and signed. The document is submitted under separate Attachment: Volume III Contract Documetation-01292013 (1332 : Eglin AFB Utilities Privatization (UP) Proposal) cover as requested in the RFP. A hard copy is included in this section: Standard Form 33 and Representations and Certificates Eglin Air Force Base Packet Pg. 161  8.2.b.a Volume III Contract Documentation Page 3 L.6.1.2 Section K Annual Representations and Certifications A hard copy of the Section K, Representations and Certifications, is included in Attachment 2 to this Attachment: Volume III Contract Documetation-01292013 (1332 : Eglin AFB Utilities Privatization (UP) Proposal) Volume III Proposal. Please note that OCWS is also registered in the System for Award Management and is current with its ORCA Annual Electronic Representations and Certifications. Eglin Air Force Base Packet Pg. 162  8.2.b.a Volume III Contract Documentation Page 4 L.6.1.3 CAS Certification per FAR 31.230-1 OCWS is exempt from Cost Accounting Standards (CAS) because it is a government entity. Attachment: Volume III Contract Documetation-01292013 (1332 : Eglin AFB Utilities Privatization (UP) Proposal) Government entities are instead subject to the oversight of the Government Accounting Standards Board. OCWS has indicated this on the FAR 52.230-1 CAS Certification, which is contained in the Section K, Representations and Certifications, found in Attachment 2 to this Volume III Proposal. Eglin Air Force Base Packet Pg. 163  8.2.b.a Volume III Contract Documentation Page 5 L.6.1.4 RFP Amendments OCWS acknowledges and accepts receipt of the following RFP amendments: Attachment: Volume III Contract Documetation-01292013 (1332 : Eglin AFB Utilities Privatization (UP) Proposal)  Amendment No. 0001, dated 10/28/2012  Amendment No. 0002, undated  Amendment No. 0003, dated 11/8/2012  Amendment No. 0004, dated 12/19/2012  Amendment No. 0005, dated 1/11/2013  Amendment No. 0006, dated 1/11/2013 Copies of these amendments are included in this section.