Okaloosa County BOCC — December 18, 2012 — Volume III Contract Documetation-01292013 — reading text

apply. Nothing in this contract shall expose OCWS to any liability in excess of statutory limits provided by Section 768.28, Florida Statutes, either Eglin Air Force Base  Volume III Contract Documentation Page 20 RFP Document Paragraph/ Requirement/ Rationale Page Portion in tort or contractually. This provision shall supersede all other provisions of this contract addressing liability. Liability H.4. Substitute the first sentence of The suggested language more this section with the following accurately reflects the sentence: governmental nature of OCWS. “To the extent permitted under Florida law and without waiving its sovereign immunity or other privileges and immunities, the Contractor shall indemnify, defend, save, and hold the Government harmless against any and all judgments, expenses, liabilities, claims, and charges of whatever kind or nature (“Losses”) that are caused by the negligent actions or omissions of the Contractor, whether tortious, contractual, or other, except to the extent such claim or charge is cognizable under the Federal Tort Claims Act. “ Insert the following sentence at end of the paragraph: “The parties acknowledge that OCWS is a governmental entity and political subdivision of the State of Florida entitled to all the privileges and immunities accorded to the state, including sovereign immunity. OCWS is specifically not waiving any claims of sovereign immunity or other privileges and immunities that may apply. Nothing in this contract shall expose OCWS to any liability in excess of the statutory limits provided by Section 768.28, Florida Statutes, either in tort or contractually. This provision shall supersede all other provisions of this contract addressing liability. Eglin Air Force Base  Volume III Contract Documentation Page 21 RFP Document Paragraph/ Requirement/ Rationale Page Portion Environmental H.4.1. Substitute the first sentence of The suggested language more Liability this section with the following accurately reflects the sentence: governmental nature of OCWS. “To the extent permitted under Florida law and without waiving its sovereign immunity or other privileges and immunities, the Contractor shall indemnify, defend, save, and hold the Government harmless against any and all judgments, expenses, liabilities, claims, and charges of whatever kind or nature resulting from the failure to comply with Section C.10, Environmental Compliance due to Contractor’s negligent actions or omissions.” Insert the following sentence at end of the paragraph: The parties acknowledge that OCWS is a governmental entity and political subdivision of the State of Florida entitled to all the privileges and immunities accorded to the state, including sovereign immunity. OCWS is specifically not waiving any claims of sovereign immunity or other privileges and immunities that may apply. Nothing in this contract shall expose OCWS to any liability in excess of the statutory limits provided by Section 768.28, Florida Statutes, either in tort or contractually. This provision shall supersede all other provisions of this contract addressing liability. Eglin Air Force Base  Volume III Contract Documentation Page 22 FAR and DFAR FAR Delete reference to “Alternate I” There is no “Alternate I” provided Clauses 52.209-9 in the noted version of this regulation. FAR and DFAR FAR Delete reference to Jan. 2009 The only available version on the Clauses 52.222-54 date and include July 2012 noted online references is July instead. 2012. FAR and DFAR FAR Delete reference to Nov. 2011 The only available version on the Clauses 52.225-25 and include Dec. 2012 instead. noted online references is December 2012. FAR and DFAR FAR Any requirement in (f) for the The suggested language more Clauses 52.233-3 OCWS to reimburse the accurately reflects the Government for costs is subject governmental nature of OCWS. to the same conditions as outlined in Section H.4. FAR and DFAR FAR Any requirement for the OCWS to The suggested language more Clauses 52.237-2 repair, replace or reimburse the accurately reflects the Government for costs as governmental nature of OCWS. provided in this regulation is subject to the same conditions as outlined in Section C.6.2.6. FAR and DFAR DFAR Delete reference to Dec. 1991 The only available version on the Clauses 252.215- and include Dec. 2012 instead. noted online references is 7000 December 2012. FAR and DFAR DFAR Delete reference to Mar. 1998 The only available version on the Clauses 252.243- and include Dec. 2012 instead. noted online references is 7002 December 2012. FAR and DFAR DFAR Delete reference to May 2011 The only available version on the Clauses 252.241- and include Dec. 1991 instead. noted online references is 7001 December 1991. FAR and DFAR FAR Delete reference to April 2008 The only available version on the Clauses 52.204-6 and include Dec. 2012 instead. noted online references is December 2012. Clauses I.5. As a governmental entity, the The suggested language more Incorporated clauses in this section do not accurately reflects the by Reference: apply to OCWS. governmental nature of OCWS. Non-Regulated Utility Eglin Air Force Base  Volume III Contract Documentation Page 23 L.6.2.1 CAS Waiver and FAR Part 31 Deviation OCWS requests that DLA grant a waiver to the Cost Accounting Standards and a deviation to FAR 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. L.6.2.1.1 CAS Waiver Discussion – Certifications Regarding the Cost Accounting Standards (CAS) waiver, it is generally recognized that governmental entities such as OCWS are exempt from CAS. Instead, some governmental entities are regulated by the Government Accounting Standards Board (GASB), a privately funded organization that is recognized for stewardship for cost accounting. OCWS [has met] [will meet] [agrees to research the compliance with] the cost accounting standards of GASB. In as much as OCWS has requested a replacement for CAS rather a full waiver, OCWS has not completed each of the CAS waiver steps noted in RFP Section L.6.2.1.1. Notwithstanding this position, OCWS does make the following statements and certifications: By submission of this proposal, OCWS certifies and states: 1. OCWS is not currently and does not expect to be performing federal government contracts subject to CAS at the time of contract award. 2. OCWS allocates costs to contract in accordance with OMB Circular A-87, whose provisions largely mirror CAS 401, CAS 402 and other CAS cost allocation provisions. 3. OCWS will consistently use its disclosed