Okaloosa County BOCC — December 18, 2012 — reading text

Packet Pg. 169  8.2.b.a Volume III Contract Documentation Page 11 RFP Document Paragraph/ Requirement/ Rationale Page Portion except labor disputes involving employees of OCWS, or Attachment: Volume III Contract Documetation-01292013 (1332 : Eglin AFB Utilities Privatization (UP) Proposal) Subcontractors which affect the performance of the contract services; 8. the failure of any Subcontractor to furnish services, materials, chemicals or equipment on the dates agreed to, but only if such failure is the result of an event which would constitute an Uncontrollable Circumstance if it affected OCWS directly, and OCWS is not able, after exercising all reasonable efforts, to timely obtain substitutes; 9. changes in insurance premiums, specific commodity prices, or other general economic conditions that increase aggregate annual costs to OCWS of performing its obligations under the Service Contract by 1% or more above the annual rate of change in the CPI-U; 10. the failure of any appropriate Governmental Body or private utility having operational jurisdiction in the area in which the System is located to provide and maintain Utilities to the System which are required for the performance of this Service Contract; 11. any failure of title to the Systems or any placement or enforcement of any encumbrance on the Systems not consented to in writing by, or arising out of any action or agreement entered into by, the party adversely affected thereby; 12. the preemption, confiscation, diversion, Eglin Air Force Base Packet Pg. 170  8.2.b.a Volume III Contract Documentation Page 12 RFP Document Paragraph/ Requirement/ Rationale Page Portion destruction or other interference in possession or Attachment: Volume III Contract Documetation-01292013 (1332 : Eglin AFB Utilities Privatization (UP) Proposal) performance of materials or services by or with the authority of a Governmental Body in connection with a public emergency or any condemnation or other taking by eminent domain of any material portion of the System; 13. a violation of Applicable Law by a person other than the affected party or its Subcontractors; 14. with respect to OCWS, any Governmental Fault and Government-requested Change Orders not due to OCWS Fault; and 15. with respect to the Government, any OCWS Fault. B. Exclusions. It is specifically understood that none of the following acts, events or circumstances shall constitute Uncontrollable Circumstances: 1. any act, event or circumstance that would not have occurred if the affected party had complied with its obligations hereunder; 2. the consequences of error, neglect or omissions by OCWS, any Subcontractor, any of their Affiliates or any other person in the performance of the Contract Services; 3. union or labor work rules, requirements or demands which have the effect of increasing the number of employees employed at the Systems or otherwise increasing the cost to OCWS of performing the contract Eglin Air Force Base Packet Pg. 171  8.2.b.a Volume III Contract Documentation Page 13 RFP Document Paragraph/ Requirement/ Rationale Page Portion services; 4. mechanical failure of Attachment: Volume III Contract Documetation-01292013 (1332 : Eglin AFB Utilities Privatization (UP) Proposal) equipment to the extent not caused by Uncontrollable Circumstances; 5. power outages to the extent not caused by third party Utilities or other Uncontrollable Circumstances; 6. any impact of prevailing wage or similar laws, customs or practices on OCWS's costs; 7. weather conditions normal for the Ft. Walton Beach, FL area; 8. any act, event, circumstance or Change in Law occurring outside of the United States; 9. a Change in Law pertaining to taxes; or 10. any Change in Law (including the issuance of any Governmental Approval, the enactment of any statute, or the promulgation of any regulation) the terms and conditions of which do not impose more stringent or burdensome requirements on OCWS than are imposed in the Service Contract. Price Re- FAR Add specified adjustments to OCWS proposes specific routine determination 52.216-5, Fixed Monthly Charge as part of adjustments to its Fixed Monthly Paragraph the price re-determination Charge as suggested below. 1.7, pages process These terms and conditions are 45 – 47 customary for long-term service contracts of this nature. OCWS also believes that the specificity of these price redeterminations will benefit the Government by clarifying some of the types and reasons that OCWS can request and receive a price redetermination. Eglin Air Force Base Packet Pg. 172  8.2.b.a Volume III Contract Documentation Page 14 RFP Document Paragraph/ Requirement/ Rationale Page Portion OCWS’s Fixed Monthly Charge shall be automatically adjusted Attachment: Volume III Contract Documetation-01292013 (1332 : Eglin AFB Utilities Privatization (UP) Proposal)