Okaloosa County BOCC — December 18, 2012 — reading text

Eglin Air Force Base Packet Pg. 164  8.2.b.a Volume III Contract Documentation Page 6 L.6.1.5 CAS Waiver and FAR Part 31 Deviation OCWS requests that DLA grant a waiver to the Cost Accounting Standards and a deviation to FAR Attachment: Volume III Contract Documetation-01292013 (1332 : Eglin AFB Utilities Privatization (UP) Proposal) Part 31. The principal reason for this request is that OCWS is a governmental entity and is governed by other regulations. OCWS proposes to meet the spirit, if not the letter, of these other regulations. As such, OCWS believes that the government’s interests are adequately protected by this request. Specific details on each waiver are discussed in Section L.6.2.1 of this Proposal. Eglin Air Force Base Packet Pg. 165  8.2.b.a Volume III Contract Documentation Page 7 L.6.1.6 Completed Service Provisions In that OCWS does not anticipate providing the electrical utility service under the Utility Privatization Attachment: Volume III Contract Documetation-01292013 (1332 : Eglin AFB Utilities Privatization (UP) Proposal) Contract. Accordingly, the service provisions stipulated in FAR 52.241-6 are not applicable to this contract. Eglin Air Force Base Packet Pg. 166  8.2.b.a Volume III Contract Documentation Page 8 L.6.1.7 Completed Capital Credits OCWS understands that Eglin Air Force Base is not a member of a utility cooperative. As such, OCWS Attachment: Volume III Contract Documetation-01292013 (1332 : Eglin AFB Utilities Privatization (UP) Proposal) does not anticipate the use or need for capital credits under the Utility Privatization Contract. Accordingly, the provisions of FAR 52.241-13 are not applicable to this contract. Eglin Air Force Base Packet Pg. 167  8.2.b.a Volume III Contract Documentation Page 9 L.6.2 Alternate Proposals and Exceptions to Terms and Conditions OCWS asks that the government consider the following terms and conditions proposed to govern Attachment: Volume III Contract Documetation-01292013 (1332 : Eglin AFB Utilities Privatization (UP) Proposal) performance under the Eglin AFB UP Project. Table 1 - Contract Terms and Conditions Exceptions RFP Document Paragraph/ Requirement/ Rationale Page Portion General Throughout Only those provisions related to This change clarifies the contract the Eglin Air Force Base Potable and does not limit or eliminate Water Treatment and Distribution OCWS’s obligations related to System (System) shall apply to the System. this Contract. As such, all terms and conditions related to other military establishments and utility scopes of services shall be deleted. General Throughout Any FAR, DFAR, AFFAR that are This change clarifies the contract not applicable to governmental and does not in limit or eliminate entities and authorities, such as OCWS’s obligations related to OCWS, shall not apply and shall the System. be deleted. General Throughout Any federal government or OCWS envisions that specific military procurement advantages provisions will be agreed to afforded to governmental entities between the parties and and authorities shall apply. incorporated by reference in the contract. This change should benefit both the Government and OCWS. General Throughout Unless specifically identified by OCWS may be willing to assume reference in the contract, OCWS additional scope and obligation shall not be responsible for related to such third party meeting any contractual contracts, provided, however, obligation between the Eglin Air OCWS has a clear understanding Force Base (and/or the of its obligations and price Government) and any other third adjustments, and other terms party. and conditions are agreed to between OCWS and the Government. General Throughout "Uncontrollable Circumstance" The definition of what is included means any act, event or and excluded as an condition that, in light of the “Uncontrollable Circumstance” circumstances known or needs to be clarified to better reasonably believed to exist at define our scope and obligations the time, is beyond the reasonable control of and to the extent not the result of the willful Eglin Air Force Base Packet Pg. 168  8.2.b.a Volume III Contract Documentation Page 10 RFP Document Paragraph/ Requirement/ Rationale Page Portion or negligent act, error or omission, failure to exercise Attachment: Volume III Contract Documetation-01292013 (1332 : Eglin AFB Utilities Privatization (UP) Proposal) reasonable diligence, or breach of this Service Contract, on the part of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under this Service Contract, and that materially interferes with, or materially increases the cost of, performing its obligations hereunder (other than payment obligations). A. Inclusions. Subject to the foregoing, Uncontrollable Circumstances shall include, and shall not be limited to, the following: 1. a Change in Law; 2. the existence of a Pre-Existing Environmental Condition; 3. the existence of Hazardous Materials introduced by third parties into the system; 4. contamination of the System from groundwater, soil, or airborne Hazardous Material migrating from sources outside the System and not caused by OCWS Fault; 5. naturally-occurring events (except weather conditions normal for the Ft. Walton Beach, FL area) such as hurricanes, lightning, fires, tornadoes, floods, epidemics and other acts of God; 6. explosion, sabotage or similar occurrence, acts of a declared public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; 7. labor disputes, Eglin Air Force Base