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3877
NAVY - DEPT OF
Water/Sewer Service - PSNS
PW Admin
LEG 12-1
12/01/1997
12/01/2007
02/15/2009
01/01/2009
N68711-96-C-2288 Amended 10/04
Replaced by new Agreement
AMENDM, ENT OF SOLICITATION/MODIFICATION OF CONTRACT I.CON%CTID CODE PAGEOF PAGES
2 AMENDME MODIFICATION NO. 13 EF~ECnVE DATe 4. REQUISI~ON/P URCH ASE REQ. N O. 5 PROJECT NO (lfapplicabie)
~;0 0 /J 01-Nov-2004
6 ISSUED BY CODE [N44255 ?.ADMINISTERED BY (Ifother thanitem6) CODE I ['444255
8. NAMEcllYOF BREMERToNAND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) 9A. AMENDMENT OF SOLICITATION NO.
30270LYMPUSDR 9B. DATED (SEE ITEM 11)
X 10A. MOD. OF CONTRACT/ORDER NO.
N44.255-96-0-2288
10B. DATED (SEE ITEM 13)
CODE 04DN7 [FACILITY CODE X 22-Dec-1997
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITAT IONS
F]The above numbered solicitation is an~ended a~ set ~bnh in Item t4. The hour mtd date specified for receipt of Offer FI is extended, FI is not extended
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. T HIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT S/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHAN~ ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANCES ~T FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECF T HE ADMINIST RAT IVE CHANGES (such as changes in paying
office, appropriation date, etc.) St~T FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
X D. OTHER (Spec fy type of modification and authority)
E. IMPORTANT: Contractor [] is not, [] is required to sign this document and return 2 copies to the issuingoffice.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter
where feasible.)
Modification Control Number: boydm10548
'This modification incorporates the Qty of Brernerton Ordinance No. 4909 attached hereto. Bfective 1 Novent)er 2004, this ordinance
implements new rates for accounts as noted on page 2.
15A. NAME Lk~'qD T TLE O[~ ~GiqER (Type o$ p~nto , 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Ph Wilt ams, o~rector or rUDliC Works
I (~at me of person authorized t o si~) I (~at ~e o¢ ~ntract~fficer~ K.
FAR (48 CFR) 53.243
N44255-96-C-2288
Page 2 of 2
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
The following items are applicable to this modification:
SECTION C - DESCRIPTIONS AND SPECIFICATIONS
This modification provides for new rates per ordinance 4909 for the following accounts:
Account Description
46~5565-0 Pass & ID water 2" line
46-5565-0 Pass & ID - sewer - commercial 1
46-2690-0 Airport - water I ¥2" line
13-0177-0 Building 844, 808 Burwell -fireline
13-0176-0 Building 844, 808 Burwell - water 2"
Water accounts 13-0005-0, 13-0004-0 and 13-0003T0 and sewer accounts 13-0009-0, 13-0010-0 and 13-0012-0 for
PSNS are currently under review and new rates will be finalized upon completion of negotiations between the City
and the Navy.
oRDir ANce r o. 4q
AN ORDINANCE amending Chapters 15.01 and 15.06 of the
Bremerton Municipal Code and Appendix A of Section 15.06
relating to assessments, rates, fees and charges for Municipal
water, wastewater and stormwater services.
WHEREAS, the City Council desires to amend the definition of and
method for establishing certain utilities system development charges and fees set forth in
Chaptersl5.01 and 15.06 of the Bremerton Municipal Code; and,
WHEREAS, the City Council desires to establish system development
charges and fees for the City's Stormwater Utility; and,
WHEREAS, the City Council desires to amend the rates, fees and charges
set forth in Appendix A of Section 15.06.015 of the Bremerton Municipal Code; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 15.01.020 of the Bremerton Mtmicipal Code entitled
"De£mitions" is hereby amended by amending certain subsections as follows:
15.01.020 DEFINITIONS. The following definitions under Section 15.010.020 are
amended to read as follows:
(e) (I) "Equivalent Residential Unit" (ERU) shall mean ,u~ ,~ ...... ,~ ..... u .... ~.~,: ...
~'~ .......... , ....,~ ............... v ....a unit of measurement to determine wastewater
general facility charges and shall be based on 236 gallons per customer day.
(g) (2) "General Facilities Charges" (GFC) shall mean the charge established to reflect
the proportionate cost share for existing source, treatment, distribution, transmission, collection,
interception, and storage facilities that will be paid by new customers to the City utility.
(s) (17) "Stormwater system" shall mean all facihties for collecting, transporting,
pumping, treating and discharging stormwater.
1
Utility Rates
SECTION 2. Section 15.01.030 of the Bremerton Municipal Code entitled
"Utility Service Agreement" is hereby amended as follows:
15.01.030 UTILITY SERVICE AGREEMENT.
(a) Each customer of the Utility and any person requesting utility service from the
Utility for water, wastewater, or stormwater shall be required to make application and enter into
a Utility Service Am-eement excc-t
,- r ............. j .............. a o,~m. cements shall be execute or to
connection to the utility system or activation of the account.
(b) The Agreement shall include the name and address of the owner and the service
address of the premises served together with the service requested. The Agreement shall be
signed by the owner of the property or his designated agent and shall be filed with the
Department. The applicant shall pay all fees for installation of the utility service as herein
provided at the time of filing.
(c) The Agreement for service shall constitute a contract between the Applicant and
the Department in which the applicant agrees to pay for service provided at the rate and in the
manner specified.
id) The Agreement shall be effective at the time it is signed by the Director or his
designee and charges for service to the premises shall be assessed from date of connection.
(e) Estimated fees, assessments, and conditions quoted by the Department in writing
for utility service shall become invalid after one hundred eighty (180) days from the date of the
estimate unless the applicant enters into a Utility Service Agreement with the Department prior
to that time.
SECTION 3. Section 15.01.070 of the Bremerton Municipal Code entitled
"Developer System Improvement - Agreements" is hereby amended as follows:
15.01.070 DEVELOPER SYSTEM IMPROVEMENT - AGREEMENTS.
(a) A property owner or owners of any specified area situated within the Utility
service area requiting utility service may petition the Department to construct public system
improvements. The Department shall review the petition, and, subject to the Utility
Comprehensive Plan, engineering and economic feasibility, and at the Department's option,
construct the improvements upon execution of a System Improvement Agreement between the
.owner and the Department specifying the improvements. The estimated costs for said
~mprovements shall be paid in full upon execution of the agreement. When completed and
accepted by the Department in writing, the improvements shall become part of the Utilit,fs
system and shall be conveyed by Bill of Sale prior to service.
(b) If 60% or more of the property owners of a specified area situated within the
Utility service area petition the City to construct public system improvements, the City may
construct said improvements upon execution of a System Improvement Agreement between the
property owners and the City specifying the improvements, the terms and conditions for the
improvements, and the reimbursement of alt costs associated with the improvements.
Reimbursement at actual cost for the improvements may be paid in full or in monthly
installments plus interest at a rate set in the System Improvement Agreement with 20% of the
2
Utility Rates
cost due prior to installation and the balance together with interest due within thirty-six (36)
months of the date from the completion and City acceptance of the improvement.
(c) Deferred payments for the construction of system improvements shall be limited
to system improvements and shall exclude connection fees and general facility fees.
(d) The City may construct the improvements, on behalf of the property owners,
utilizing City staff, negotiated contracts, or competitive bids subject to State statutes governing
utility construction.
(e) Property owners or developers ofplats or developments shall have the option of
installing the plat's interior utility system and connection to the utility system at their expense,
subject to Utility Development and Construction Standards. The owner or developer shall pay 4)
charges according to the conditions of any existing reimbursement agreement for any main
installed through a System Improvement Agreement.
SECTION 4. Section 15.01.090 of the Bremerton Mnnicipal Code entitled
"Developer System Improvements - Reimbursement" is hereby amended as follows:
15.01.090 DEVELOPER SYSTEM IMPROVEMENTS - REI3'IBURSEMENT.
(a) The City may enter into Agreements with property owners responsible for the
installation of system improvements to provide for reimbursement to owners by others benefiting
from the improvements and connecting to the improvements at a later time (latecomers).
(b) Requests for reimbursement shall be made in writing prior to drafting the System
Improvement Agreement and specific provisions of recovery shall be included in the Agreement.
The Department shall determine the area that is subject to the cost recovery and shall identify the
propeflies benefiting from the utility system improvements in a description or a drawing that will
become part of the System Improvement Agreement.
(c) Reimbursement from each benefiting property owner shall be determined by the
Department as stipulated in the System Improvement Agreement. Cost recovery payments by
properties benefiting from connections to developer extensions shall be collected by the City.
(d) Reimbursement to the property owner constructing the improvement shall be
limited to fifteen (15) years from the date of acceptance of the improvement. The City shall
retain fifteen (15) percent of the cost recovery payments for maintaining records and
administration of the program and forward the remainder of the payment to the property owner
who originally constructed the watery wastewater, or stormwater system improvement.
SECTION 5. Section 15.06.015 of the Bremerton Municipal Code entitled
Incorporation and CPI Adjustment ~s hereby amended to read as follows:
15.06.015 INCORPORATION AND CPI ADJUSTMENT.
(a) Assessments, rates, fees and charges attached hereto as Appendix A and
incorporated herein by this reference are hereby adopted.
eCommencing Jan'.:ary November 1, 20042005 and in Janx:.ry on November 1 of each
successive year thereafter, the fees;, utili .ty rates '- ~ -~ ..... '
. ~ ......o~ m this section, not otherwise a4.justed
by the City Council during the previous six-month period~ shall automatically be adjusted based
3
Ufifi~Ra~s
upon the most current Consumer Price Index for all Urban Consumers, Seattle, rTe r,:,,,
~, and the General Facility Charges shall be adiusted according to the most current
Seattle Construction Index (SC1).
SECTION 6. Section 15.06.020 of the Bremerton Municipal Code entitled
"Assessments" is hereby amended to read as follows:
15.06.020 ASSESSMENTS.
(a) General Facility Fee Charge.
(1) A General Facility Fcc Charge (GFF) (GFC) shall be charged on all new
or expanded service connections to the utility system. Existing connections within the system as
of the effective date of this Code shall be considered to have paid their proportionate share of the
General Facility-fee Charge for existing use.
(2) The calculation of the General Facility Charge for water shall be based on
the meter size to be installed for a new or expanded water utility service.
(3~ The calculation of the General Facility fee Charge for ~
wastewater ;;5!! shall.be based on the number of Equivalent Residential Unit(s) (ERU) served
and shall be appc~icnc~ a.~ assessed computed as follows:
Single Family Residence 1 ERU/Unit
Duplex (two units) Two '~w2ts 1 ERU/Unit
Multi-family (3 or more units) .-8 0.65 ERU/Unit
Mobile Home Space in Mobile Home Park 0.65 ERU per space
(Common building at additional commercial rate
and laundry areas at laundry rate.)
Recreational Vehicle Waste Dumping Station 0.65 ERU per station
Schools 0.030 ERU per student
capacity
Churches (School uses at additional per student 0.65 ERU per 100
capacity rate.) seats
Hospitals - General _1 ERU per bed
Convalescent Hospitals 0.50 ERU per bed
Residential Care/Boarding Facilities 0.25 ERU per bed
4
UtiliO~ Rates
Hotels and Motels (Additional charges for 0.25 ERU per room
restaurant or tavern at restaurant or tavern rate, or motel unit
laundry areas at laundry rates, and meeting room
areas with fixtures at commercial rate.)
Food Preparation and/or Serving Areas 0.15 ERU per 100
square feet
Vehicle Wash
Self-Service Vehicle Wash 1.17 ERU per bay
Full-Service Vehicle Wash 15.66 ERU per bay
All Other Vehicle Washes See Wet
Industrial
Laundries & Laundromats 0.30 ERUper 100
square feet
Industrial Laundries See Wet
Industrial
Remodels of the above-listed, which result in no increase in the units on which the charge for a new
building is calculated, the ERU for the remodel will be calculated on the basis of the fixtures added
using the amounts in the Commercial Section.
Commercial, Office, & Dry Industrial Charge for each
plumbing fixture
to be installed.
Bathtub w/or w/o shower 0.13 ERU
Dental urfit or cuspidor 0._21 ERU
Dishwasher 0.1 ERU
Disposal 0.__21 ERU
Drirfldng Fountain 0.05 ERU
Floor Drain 0.01 ERU
Fountain/Backwash 0.1 ERU
Kitchen Sink 0.08 ERU
Laundry Tray 0.08 ERU
Lavatory 0.05 ERU
Service Sink 0.08 ERU
Shower (each head) 0.13 ERU
Swimming Pool/Backwash 0.1 ERU
Urinal 0.17 ERU
Urinal Trough (for each 2-foot section) 0.17 ERU
Wash Sink (for each set of faucets) 0.08 ERU
Washing Machine 0.07 ERU
5
Utility Rates
Water Closet 0.33 ERU
Wet Industrial To be deter-
mined on an
individual basis
by the City
utilizing the
formula listed
below
GFC = (G.P.D./236) x SRF x F
G.P.D. = Anticipated volume of
discharge to sewer in gallons per day.
SFR = Curront General Facility
Charge for a single family residential unit.
F = Extra strength factor, whole
number multiplier derived for every 330
rog/1 of biochemical oxygen demand or
suspended solids, or f~acfion thereof, in
excess of the first 330 mgtl of biochemical
oxygen demand or suspended solids.
Example:
Factor Range
1 0-330
2 331-
660
3 ' 661-
990
(continues per 300
increment)
Undefined Building and Sewer Use To be deter-
mined on an
individual basis.
by the City.
6
Utility Rates
Additional Loading or Change of Use Determined on
basis of
additional
loading or new
use for entire
facility less
credit for former
use. No refunds
if new use is less
than former use.
~) The following are the definitions of the classifications used in establishing
the ERUs.
"Church" is defined as a building or structure whose principal use is for worship and in which
the incidental use for school or recreational purposes is less than 12 hours per week. Church
buildings used for school purposes in excess of 12 hours per week ~hall be charged the GFC per
student capacity in addition to the charge per 100 seats as a church.
"Commercial building" is defined as a building used for conducting of wholesale or retail trade.
Dry industrial buildings or structures are those buildings or structures housing light industrial
activities where use of water and subsequent discharge of sewer does not occur in connection
with the industrial process. Warehouses and other storage building~ with sewer connections are
classified as dry industrial buildings.
"Convalescent hospital" (or rest home) is defined as a building or structure used for housing of
persons convalescing from illness or iniurv or persons requiring close personal care. No
additional charge shall be made for laundry or food and drink preparation and serving facilities
included in the convalescent hospitals.
"Food preparation and serving facility," includes restaurants, taverns, delicatessens, and
wholesale and retail bakeries, but does not include canneries, dairies, cheese factories, packing
houses and similar facilities, which shall be classified as "Wet Industrial" under the paragraph
addressing wet industrial.
"General hospital" is defined as a building or structure used for the temporary housing of ill or
injured persons and containing facilities for medical and surgical treatment of such persons. No
additional charge shall be made for laundry and food and drink preparation and serving facilities
included in hospitals.
"Hotel" (or motel) is defined as a building or group of bnildings used for temporary housing of
persons containing rooms or un/ts intended for the use oflxansient persons. Those areas within
hotels and motels to be used for commercial preparation of and serving of food and drink ~hall
be charged at the rate for food preparation and/or serving. Commercial areas within hotels and
motels, including convention facilities and other such common areas other than lobby areas, shall
be charged at the rate for commercial and dry industrial areas. Areas used for laundry facilities
in hotels and motels shall be charged at the rate for laundries and I mmdromats. Such additional
7
Utility Rates
charges for food and drink, commercial areas and laundry shall be in addition to the charge per
room or motel unit.
"Industrial laundry" is defined as a building or structure or parts of buildings and structures used
for housing and operating laundry equipment for the large scale washing of uniforms, towels,
linens, etc. The anticipated volume and stren~h of the sewage to be generated from an industr/al
laundry would be considerably more than that from a commercial laundry or Laundromat
Industrial laundries shall be classified as "Wet Industrial" under the paragraph addressing wet
industrial.
"Laundry" and "Laundromat" is defined as a commercial building and structure, or parts of
commercial buildings and structures used for housing and operating laundry equipment by thc.
general public to wash clothes and linens for personal use.
"Multi-family residence" shall be defined as a building or a group of buildings housing three or
more families, living independently of each other, a family being defined as one or more person
living as a single housekeeping unit or household sewer service being provided through not more
than one sewer connection. Common buildings in an apartment house complex requiring sewer
service shall be charged as commercial buildings and that portion of buildings housing common
laundry facilities shall be charged as laundries and Lanndromats.
"Mobile Home Park," (including travel trailer parks) is defined as any area or tract of land having
a sewer connection, and where sewerage collection pipes are extended to two or more spaces
occupied by, or intended to be occupied by a mobile home, travel trailer, or motor home which
are defined as a vehicle with our without motive power which is desi~aed, used, or intended for
use as a place of human habitation, or as eating, sleeping, or living quarters or any combination
thereof. A mobile home space is defined as the individual location having a sewer hookup for
each such vehicle. For purposes of determining the GFCs for mobile home parks' common
buildings, such as recreation hallg, etc., shall be charged as commercial building.q Buildings
housing laundry facilities .qhall be charged as laundries and Laundromats and food or dr/nk
service buildings shall be charged a food preparation and/or serving.
"Recreational Vehicle Waste Dumping Station" is defined as a building or structure used for the
dumping of sanitary sewer wastes f~om recreational vehicle holding tank~ Includes gray water
t~om sinks and showers. (This excludes an individual collector installed by a homeowner for
his/her own use.)
"Residential Care/Boarding Facility" is defined as a residential building or structure used for
housing of persons requiring either long-term supervision and general care, or any type of
dependency recovery. No additional charge shall be made for lmmrtry or food and drink
preparation and serving facilities included in the Residential Care/Boarding Facilities.
"School" is defined as a building or group of buildings used for school purposes more than 12
hours per week, involving assemblage for instruction, education, or recreation. Schools may be
public or private.
8
UtiliO~ Rates
"Single family residence" shall be defined as a building containing one kitchen, desired ancYm
used to house not more than one family, including all necessary employees of such family, such
building having a single sewer service connection. Mobile homes occupying a separate lot and
providing permanent housing with a separate sewer connected shall be classified as a single
family residence.
"Undefined buildings" and" undefined sewer use" are those not defined in Section (a)(4).
"Vehicle wash" is defined as a commercial building or structure used for washing vehicles. Self
sermce vehicle washes are coin-operated facilities serving the general public that require ti,,.
customer to wash the vehicle. Full-service vehicle washes are facilities serving the general
public, wherein the vehicle is washed for the customer, either automatically or by attendants. All
other vehicle and parts wa~hlng or steam cleaning facilities that discharge to the sanitary sewe,
will be reviewed on a case-by-case basis.
"Wet industrial "is defined as a building or structure housing industrial activities where the
of water and subsequent discharge to the sewer occurs in connection with an industrial process.
Facilities with a discharge of 200,000 gallons per day or greater are considered wet industrial.
Other facilities that discharge less than 200,000 gallons per day, and whose anticipated stren~qh
of the sewage to be generated from the facility is greater than domestic sewage strengths may
also be considered wet industrial Those facilities will be reviewed on a case-by-case basis. The
anticipated volume and strength of sewage from an average single-family residence shall b,,
considered when calculating GFCs.
(5) Additional loading or change of use is defined as an increased demand for
wastewater treatment from an existing wet industrial building or structure. The addition~!
loading may be the result of replacement or addition to an existing structure or facility, a chan~.~,
in use, or a fifteen percent (15%) or greater increase above the permitted volume or character
the wastewater constituents being discharged
L~ ERUs shall be determined on the basis of the number of single family
residence equivalent units with the additional loading or the new use with credit being given fo,
the number of single family residence equivalent units of the ori ~in al facility. No refund will b,,
given if the change of use results in a decreased sewer loading. Any addition to an existinl,,
single family residence which does not result in an additional dwellinE will be exempt from
additional chame.
(7) The calculation for General Facihty Charges for stormwater shall be based
on the number of Impervious Surface Units (ISUs) as defined in BMC 15.01.020.. The nnmb~,,
oflSUs charged shall be based on the total impervious area divided by the amount of impervious
area in an ISU. However, all single-family residential parcels as defined in BMC 15.01.020 shall
be one (1) ISU. For commercial developments, wherein the City requires that the development
provide for onsite detention, the ISUs charged shall be based on the number of acres (5.4 ISU~
per acre).
9
Utility Rates
(8) :r4ae-G~ For non-cit~ residents, all GFCs shall be assessed and paid at the
time of execution of the Utility Service Agreement and prior to occupancy of the new or
expanded facilities and shall be in addition to rates and other fees, assessments, and charges
established for utility service. For city residents, twenty-five percent (25%) of all GFCs shall be
paid at the time of issuance of a development (grade and fill) permit and the remainin~ balance,
in addition to rates and other fees, assessments, and charges established for utility service, shall
be paid at the time of execution of the Utility Service Agreement
................................... ~ ....... ~ .................... FFF.
~ ...~. ......................
(b)(~) Connection/Inspection Fee. A connection/inspection fee shall be charged for all
service connections to the utility system. Additional fees may be charged if a reinspection is
required as a result of the property owner/developer's failure to comply with the correction notice
f~om a prior inspection, inaccessibility of facilities for scheduled inspections, or an unsafe site.
The connection/inspection fee or deposit shall be assessed and paid at the time of execution of
the Utility Service Agreement ^
................. ~. ............. ~. ..................... ,:. ......... me of
..................... y ......... ~ ....... nt.
10
Utility Rates
(c') Change in class of service or ERU assignment. When a change occurs which would
place the customer in a different class of service or change the ERU assignment from that on
which general facility charges have been paid, an additional general facility charge shall be
charged. The additional fee shall be the difference between the general facility charge,
calculated at the current rates, based on the current class of service and ERU assignment, and the
general facility charge that has akead¥ been paid.
(d) Wastewater connection agreement. A wastewater connection agreement may be
executed between the City of Bremerton and a user who desires to obtain wastewater service for
an existing residential or nonresidential structure connected to a septic system. The wastewater
connection agreement, negotiated on a case- by- case basis, will allow the user to make payments
on any connection fee in excess of $5,000 over a period of time ranging from one to five '/ears.
(e) Capital reserves. The general facility funds collected under this chapter shall be
deposited in the utilities capital reserve fund and used only for utility system capital
improvements.
SECTION 7. Appendix A to Section 15.06.015(a) is hereby amended to read as
stated in Exhibit A attached hereto.
SECTION 8. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 9. Effective Date. Tkis ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law. The rates, fees
and charges as set forth within Appendix A of this Ordinance shall take effect on November 1,
2004.
APPROVED by the City Council the /~_~t~D day of ~ ,2004
PASSED by the City Council the_~2~?oa.a~ day of .,~t~,.~,4~.~O ,2004
DAREN NYGREN, Cqluflcil President
Approved this ~ day of _ .~/~lZ~..~d~) ,2004 ~ ~.
CARY B~ZEMAN, Mayor
Utility Rates
PUBLISHED the._z~f~ day of kdl_-q,4~,,~-.,u/~e-~X) .2004
EFFECTIVE the ~,~d~ day of F~7~,.t ,O .2004
ORDINANCE NO. a-/qD ? -t ....
R:~LEOAL\Ordinances~Public Works & Utilitiesk2004 Rate OrdNance - 08-16-04 - Final2.doe
12
Utility Rates
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE ......... Y 1NOVEMBER 1, 2004
Within Outside
City Limits 2004 City Limits 2004
GENERAL FACILITY CHARGES
x'Vatsr (~sr EP-U) $ 2".9.12 $ 376.75
Water (per Meter Size)
5/8"x3/4" $ 2,300.00 $ 2,300.00
1'~' $ 5,750.00 $ 5,750.00
1 1/2" $ 11,500.00 $ 11,500.00
2'~' $ 18,400.00 $ 18,400.00
Greater than 2" Calculated based on usage Calculated based on usage
Wastewater(perERU) $ 2".9.!2 $ 3,482.00 $ 3?6.75 $ 3,482.00
Stormwater (per ISLr) $ 933.00 $ 933.00
FRONT FOOTACE FEES
Water
OffP. cadP. atc $ !,921.99 $ !,53!.50
........... $ ,~r ~ $ 22.29
OffR:a~P.ate $ 1,276.25 $ !,9!"..38
~:r.:.'"J. ez net in:laded in L~!D #327 $ 73.05
Frzn~ng ~.e ::;:'er =.aL':. fl': Nz~.?Jal:: V/ay.
CONNECTION/INSPECTION FEES
Water
5/8"x3/4" $ !,527.~.2 $ 1,715.00 $ -,~-'*'~n',.-~'n $ 2,572.50
1" $ !,52!.55 $ 1,848.00 $ 2,297.25 $ 2,772.00
1 l/2" $ 2,87d.85 $ 2,899.00 $ 2,562.27 $ 4,348.50
2" $ 2,q77.97 $ 3,682.00 $ ~,7!6.d4 $ 5,523.00
Greater than 2" Actual Time & Materials 150% of Actual Time & Materials
Field Inspection Fees
Water main extensions (per foot) $ 1.02 $ 1.10 $ !.52 $ 1.65
butnotlassthan: $ ~.92.".0 $ 410.00 $ 612.60 $ 615.00
Pump Station $ 536.02 $ 540.00 $ $0"..04 $ 810.00
Miscellaneous (per hour) $ ".2.~8 $ ~5.00 $ 6~.? $ 67.50
Wastcwater
Lateral Connection at P/L $ ~.2.~$ $ 45.00 $ ~.22 $ 67.50
Lateral Connection at Main $ 26E.~ I $ 270.00 $ ".02.02 $ 405.00
Conveyance Facility Ext. (Per Foot) $ !.22 $ 1.50 $ !.99 $ 2.25
but not less than: $ 82!.62 $ 325.00 $ ~.$2.d2 $ 487.50
Pump Station $ 536.~2 $ 540.00 $ ~9"..0". $ 810.00
Miscellaneous (per hour) $ '~2.$~ $ 45.00 $ 6~.22 $ 67.50
1 of 8
Within Outside
City Limits 2004 City Limits 2004
RETAIL WATER SERVICE RATES
General Service - Monthly Service Charge
Meter Size
5/8 x3/4inches $ 5.31 $ 8.02 $ 7.95 $ 12.03
linch $ 6.07 $ 9.17' $ 9.9? $ 13.76
1 1/2inch $ $.53 $ 13.03 5; !2.97 $ 19.55
2inch $ 11.59 $ 17.50 $ !7.~.5 $ 26.25
3 inch $ 22.99 $ 33.22 5; 22.92 $ 49.83
4 inch $ 49.94 $ 61.82 $ 61.52 $ 92,73
6inch $ !45.29 $ 219.39 $ 217.92 $ 329.09
8inch $ 530.25 $ 800.69 5; 795.~.I $ 1,201.04
10inch $ 1,E93.!9 $ 2,858.72 $ 2,839'.75 $ 4,288.08
12inch $ 7,!!~.E7 $ 10,749.49 $ 19,57g.gg $ 16,124.24
Residential Commodity Charge (per HCF) $ 0.77 $ 1.15
0 - 10 HCF/Month $ 0.87 $ 1.31
Over 10 HCF/Month $ 0.97 $ 1.46
Non - Residential Commodity Chame (ncr HCF) $ 0.94 $ 1.41
Fire Protection - Monthly Service Charge
Service Size
1 inch $ !0.52 $ 13.67 $ !5.S2 $ 20.51
I l/2 inch $ !5.83 $ 20.57 $ 23.59 $ 30.86
2 inch 5; 29.57 $ 26.75 5; 39.83 $ 40.12
3 inch 5; 22.57 $ 29.47 $ 24.99 $ 44.20
4 inch $ ?..71 $ 32.12 $ 27.9! $ 48.18
6 inch $ 20.$2 $ 40.08 $ ~,5.30 $ 60.13
8 inch $ ~.!.?. $ 53.36 $ 6!.57 $ 80.04
10 inch 5; 57.53 $ 74.79 5; 85.32 $ 112.19
12 inch 5; 82.24 $ 106.91 $ !22.24 $ 160.37
Commodity Charge (per HCF) $ 1.53 $ 1.88 $ 2.39 $ 2.82
- For Usage Other Than Firefighting
Low-Income Senior and Low-Income Disabled Citizen - Monthly Service Charge
Base Charge (par account) $ 5.3 ! $ 8.02 $ 7.96 $ 12.03
Commodity Charge
0 - 5 HCF/Month~ No Charge No Charge
5 - 10 HCF/Month. $ 0.87 $ 1.31
Over 10 HCF/Mon~ ....... ~ u- ...... ~ $ 0.77 $ 0.97 $ 1,15 $ 1.46
Temporary/Construction Meter
1" Meter
Deposit $ ~92.!9 $ 105.00 $ !02.!9 $ 105.00
Base Fee (per month) $ 6.07 $ 9.17 5; 9.09 $ 13.76
Set Up Fee $ 79.~'~ $ 90.00 $ ! 19,~.5 $ 90.00
Hydrant meter (3" Meter)
Deposit $ 5!9.59 $ 510.00 $ 5!9.59 $ 510.00
Base Fee (per month) $ !9.09 $ 33.22 $ 2~.~ $ 49.83
SetUp Fee 5; 79.64 $ 90.00 $ I!9.~,6 $ 90.00
Equipment Loss/Damage Actual Time & Materials 150% of Actual Time & Materials
Commodity charge (per HCF) 5; 0.77 $ 0.94 $ 1.15 $ 1.41
2 of 8
Within Outside
City Limits 2004 City Limits 2004
RETAIL WATER SERVICE RATES (cont'd)
City Parks and Recreation Dept. - Irrigation
Commodity Charge (per HCF) $ 0.48
30f8
Within Outside
City Limits 2004 City Limits 2004
RETAIL WASTEWATER SERVICE RATES
Monthly Service Charge
Single Family
Base Charge (per account) $ !!.?. $ 18.12 $ !2.5~° $ 20.84
Commodity Charge (per HCF) $ 3.68 $ 4.24
Duplex on 1 Meter or 2 Bldgs on 1 Meter
Base Charge (per unit) $ 9.29 $ 14.37 $ !O.S2 $ 16.53
Commodity Charge (per HCF) $ 3.68 $ 4.24
Multi - Family
Base Charge(per unit) $ 9.29 $ 14.37 $ !0~82 $ 16.53
Commodity Charge (per HCF) $ 3.68 $ 4.24
Commercial I
Base Charge (per account) $ 17.51 $ 26.79 $ 20.!6 $ 30.81
Commodity Charge (per HCF) $ 3.78 $ 4.34
Commercial II
Base Charge (per account) .e !7.22 $ 27.26 $ 20.52 $ 31.35
Commodity Charge (per HCF) $ 5.92 $ 6.81
Commercial III
Base Charge (per account) $ 17.~ $ 2T02 $ 20.22 $ 31.07
Commodity Charge (per HCF) $ 4.85 $ 5.57
Low-Income Senior and Low-Income Disabled Citizen
Base Charge (per account) $ 7.35 $ 11.25 $ 8.47 $ 12.94
Commodity Charge (per HCF)
0 - 5 HCF/Month No charge No charge
Over 5 HCFfMonth $ 3.68 $ 4.24
Septage Disposal
(PerGallonofTankCapacity) $ 0.La $ 0.15 $ 0A2 $ 0.15
4of8
Within Outside
City Limits 2004 City Limits 2004
RETAIL STORMWATER RATES
Monthly Service Charge
Single Family/Duplex
Base Charge (per account) $ ~..57 $ 5.97 N/A
Exception: Duplex
with 2 Meters (per account) $ 2.55 $ 2.99 N/A
Multi - Family
Base Charge (per tSU) $ ~..59 $ 5.97 N/A
Commercial
Base Charge (per ISU) $ ~..59 $ 5.97 N/A
Public School Districts (per account) $ a,.59 $ 5.97 N/A
Low-Income Senior and Low-Income Disabled Citizen
Base Charge (per account) $ 2.81 $ 3.65 N/A
Multi - Family & Commercial Rate Adjustment
Water Quality (per ISU) $ (0.5!) $ (0.66) N/A
Water Quantity (per ISIY) $ (1.52) $ 0.99) N/A
Stormwater Penalty
New Multi - Family & Commercial
development without on-site detention
Charge (per ISU) $ 1.02 $ 1.33 N/A
IMPROPER STORMWATER ENFLOW RATES
The following rates are established for Improper Stormwater Inflow, based upon the stormwater ][SU
for each lot and adjusted annually on the following schedule:
]g~I~'gCTIVE DATE RATE
May 1, 2002 25% Stormwater Fee for Property
May 1, 2003 50% Stormwater Fee for Property
May 1, 2004 75% Stormwater Fee for Property
May I, 2005 100% Stormwater Fas for Property
After May 1, 2005, the Improper Stormwater Inflow Rate will r~nain at 100% of the Stonnwater Fee for a proper~y
unlass otherwise modified by the City Council. The fees shall be deposited in the Wastewat~r Fund (451).
5of8
Within Outside
CRy Limits 2004 City Limits 2004
MISCELLANEOUS FEES AND CHARGES
Park Reservation Fee $ 29.52 $ 30.00 $ 29.53 $ 30.00
(non-refundable)
Office Services
New Account (includes water turn-on) $ 20.00 $ 20.00
Account Maintenance $ 5.11 $ 5.00 $ 5.11 $ 5.00
Past DueNotice $ 2.55 $ 2.50 $ 2.55 $ 2.50
Lien Recovery Charge $ !92.19 $ 100.00 $ !92.!9 .$ 100.00
Duplicate Bill Charge $ 1.02 $ 1.00 $ 1.02 $ 1.00
Close Account/Meter Read/Water Service Turn-
off $ 25.99 $ 20.00 $ 25.99 $ 20.00
Field Services
Pavement Restoration Charge
(refundable, if assessed and not required)
Asphalt Patch $ 694.00 $ 1,041.00
Concrete Patch $ 894.00 $ 1,341.00
AsphaltTranch $ ,E°!5.~°9 $ 817.00 $ !,225.29 $ 1,225.50
Concrete Trench $ 2,?.°,..29 $ 2,348.00 $ 2,522A5 $ 3,522.00
County Road Permit N/A Cost
Wet Tapping (Water Main Only)*
8" and smaller - L':c!.;xcl excavation & backfill $ !,995.02 $ 2,852.00 $ 2,992.55 $ 4,278.00
8" and smaller- service to property line $ 3,5°-.5.77 $ 5,746.00 $ 5,279.55 $ 8,619.00
E" and :ma!!~r taF cnly $ '!.99.02 $ 735.12
Greater than 8"x 8" Actual Time & Materials 150% of Actual Time & Materials
*Does Not Include Pavement Restoration Charge
Fire Hydrant lnstallationl $ 4,927.95 $ ~'~"
.... ~v Actual Time & Materials 150% of Actual Time & Materials
Water Meter Reinstallafion
3/4" & 1" $ 59.2~, $ 68.00 $ ~9.?, $ 68.00
1-1/2"&2" $ ?,.95 $ 108.00 $ 9~.95 $ 108.00
3" and greater Time & Materials Time & Materials
Water Metar Reactivation $ a. 2.E2 $ 48.00 $ ~.2.72 $ 48.00
Water Meter Tampering
Tampering Removal $ I?..77 $ t73.00 $ !?..77 $ 173.00
Tampering Reinstallation Time & Materials Time & Materials
Cross-Connection Control
Inspection $ a, 2.22 $ 45.00 $ ~2.22 $ 45.00
Fire Service - Detector, Meter & MXU $ 2 !5.5 ! $ 397.75 $ 3 !5.51 $ 397.75
Storz Adapter $ 22 !.77 $ 236.00 $ 22 !.77 $ 236.00
6of8
Within Outside
City Liwats 2004 City Limits 2004
MISCELLANEOUS (cont'd)
Water Service Tum-offfrum-on
(Customer Request)
Regular Hours $ 20.00 $ 20.00
After Hours $ 107.21 $ 150.00 $ !07.21 $ 150.00
DelinquencyNotice $ 19.72 $ 10.00 $ 10.72 $ 10.00
Water Service Turn-off/Turn-on
(Delinquent Accounts)
Regular Hours $ ~.2.gg $ 45.00 $ n. 2.°~g$ 45.00
AflerHours $ 107.2! $ 150.00 $ 107.21 $ 150.00
Flow and Pressure Test CUncertified) ·
3/4" & l" meters only $ a. 2.gg $ 48.00 $ '~2.~°g $ 48.00
l-l/2"&2"meters only $ 25.75 $ 87.00 $ ~5.76 $ 87.00
Larger than 2" Time & Materials Time & Materials
Utility Plant Locates
Regular Hours N/C N/C
After Hours $ !07.21 $ 150.00 $ !07.2! $ 150.00
Emergency H/C N/C
Meter Test Fee (based on meter size)
3/4" & 1" $ 9q.95 $ 108.00 $ ?,95 $ 108.00
1-1/2"&2" $ 153.15 $ 148.00 $ !53.15 $ 148.00
3" or greater Time & Materials Time & Materials
Engineering Servieas*
Plan Check Fees
Main Extensions: per foot $ 9.22 $ 0.25 $ 9.3'l $ 0.38
BUT not less than $ 2!4.<! $ 214.00 $ 32!.52 $ 321.00
(Includes hydrants and appurtenances
and connection to water system)
Pump Stations $ 535.93 $ 536.00 $ ~0~..04 $ 804.00
Fireline Extension $ Z5.75 $ 86.00 $ 12~.55 $ 129.00
Irrigation Systems $ ~°5.75 $ 86.00 $ !2K55 $ 129.00
System Connections $ $5.75 $ 86.00 $ !2~.~5 $ 129.00
Miscellaneous (per hour) $ ~.2.E$ $ 45.00 $ ~..22 $ 67.50
· Fees include original review and one resubmittal review.
Additional reviews will be charged at miscellaneous hourly rate (above).
7of8
Within Outside
City Limits 2004 City Limits 2004
MISCELLANEOUS (cont'd)
Storm Drainage Plan Review Fees **
Preliminary Drainage Plans
Residential Development $ 33 l. S2 $ 332.00 N/A
Non-Residential Development $ 229.72 $~ 230.00 N/A
Plus per ISU $ 10.2t $ 10.00
Final Detailed Drainage Plans
Residential Development (per 1o0
0- 20Lots $ 35.74 $ 36.00 N/A
21 ~ 50 Lots $ 25.53 $ 26.00 N/A
51 ~ 100 Lots $ 22.97 $ 23.00 N/A
100+ Lots $ 20.42 $ 20.00 N/A
Minimum Charge $ 255.25 $ 255.00 N/A
Non-Residential Development
periSH $- 20.42 $ 20.00 N/A
Minimum Charge $ 205.30 $ 306.00 N/A
Resubmittal Fees
First R~submittal No Charge N/A
Subsequent Resubmittal $ 255.25 $ 255.00 N/A
Storm Drainage Inspection Fees **
Residential Development (per lot) $ 15.32 $ 15.00 N/A
Non-Residential Development (per ISU) $ !5.22 $ 15.00 N/A
Minimum Charge $ !53.15 $ 153.00 N/A
Conveyance Facility Extensions (per foot) $ 0.77 $ 0.80 N/A
Minimum Charge $ 205.30 $ 306.00 N/A
Unscheduled Inspections* (per site v/sit) $ a. 2.gg $ 45.00 N/A
~(Unscheduled inspections shall be tracked through the course of a project and billed at, er the final site
znspection. Fees for unscheduled inspections ~hall be paid prior to final occupancy approval.)
** Does not apply to single family residence or duplex construction on an existing established lot.
Utility/Lien Search Fee (Manual)* $ 30.00 $ 30.00
*Search per parcel
8of8
+Browse: Next Previous First Last Update Delete Restart X - Exit +
+Retrieve the Next record +
+Found: 10 Record(s) MAINTAIN Contract Transactions +
+ Contract Number 3877 +
+ +
+Vendor Name NAVY, DEPT OF +
+Subject WATER/SEWER SVC - PSNS +
+Department PW - UTIL +
+Status Code FIN +
+ Amount +
+ Begin Date 12/01/1997 +
+ Insurance End Date +
+ Type Amount Review Date 06/15/2006 +
+ +
+ +
+ +
+ Insurance Total $0.00 +
+ Insurance Review Date +
+ +
+ Comments N68711-96-C-2288 +
+ REVIEW DATE FOR TP~ACKING PURPOSES ONLY +
+ +
AMENDMENT OF SOLICITATIONIM~.,JIFICATION Of CONTRACT J ', ~NTRACT ID CODE J PAGE OF PAGES
I
I
1 I 1
2. AMENDMENT/MODIFICATrON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (,~ap~0/,ce~,~e)
P0003 22 SEPT 99 9904293
6. ISSUED BY CODE 4PW2.ET 7. ADMINISTERED BY (IfoJh~'thanltern 6) CODE
SOUT~ESTDIVISION ~ .~ ~ ~ : . ~ '' , ~ ~
NAVAL FACILITIES ENGINEERING COMMAND ~ ",. . ' .~ _ ~ ,. '~ ;~ ....: ~' -'~ .., ;.
CONT~CTSDEPARTMENT ~' ~' :~ ,~: ~;~- ~ ~ ~ :~.~ ~ .~ ~ ~.;~.~ ~ ~ '~ ~
1220 PACIFIC HIGHWAY
SAN DIEGO. CA 92132-51 ~7
8. NAMEci~ ANDoF BREMERToNADDRESS OF CONTRACTOR (No s~t co..~, ste~.~z/pc~ 9A. AMENDMENT OF SOLICITATION NO.
A~N:239 4thRtCHsTREETHANNA 9B. DATED (SEE ITEM 11 )
BREMERTON, WA 98337 10A. MODIFICATION OF CONTRACT/ORDER NO.
N68711-96-C-2288
CODE ~ FAC~LI~ CODE 10B. DATED (SEE ITEM 13)
22
DEC
97
11, THIS iTEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
~ The above numbed ~licEation is amend~ as set fodh in Item 14. The hour and date sp~ifi~ for r~eipt of Offem ~ is e~end~, ~ is not e~ended.
Offem must ackn~ge r~i~ of this amendment pdor to the hour and date s~ifi~ in the ~lic~ation or es amendS, by one of the follo~ng methods:
(a) By c~p~tin~lte~ 8 and 15, and ~urnin~ copi~ of the amendme~;.(b) By ack--lng r~i~ of this amendment on each cody of he offer
~C7~~ B~C~ ~ P~ b~S~NA¢~D FOR~EIPT OF O~ PRIOR TO ~HOUR AND DATE SPECIFIED
~Y RESU~IN REJECTION OF YOUR OFFER. ff by vl~ue of this amendm~you a~lre to change an offer air.dy submit, such chan~e may ~ made by
~e~mm or ~e~er, pro~a~ each tel~mm or le~er makes reference to the solic~onand this amendment, and is received prior to the o~ning nour ahd date
s~cifl~.
12. ACCOUNTING AND APPROPRIATION DATA (Irrwu~)
AA 97 XXXX4930 NA1G 0000 77777 0 000251 2F 000000 9465400TFA00 $11,188.00
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIED THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
XX A.ORDERTHIS CHANGENo. IN ITEMORDER10A. IS ISSUED PURSUANT TO: CSpecifyauthon~/) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
B. THE ABOVE NUMBERED CONTRACT/ORDERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (suc/, es char~es ~. p.y~ng o~ce
appropriation dele etc ~ SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: TERMS OF THE CONTRACT
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor [] is not, ~ is required to sign this document and return 2 copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organ~edbyUCFsecbonheadings, includlngs~hcilel;on/con~rect~ubjectmetterwherefeeslble)
THE PURPOSE OF THIS CHANGE IS TO MODIFY THE WATER AND SEWER SERVICES CONTRACT AS FOLLOWS:
I INSTALL TWO (2) FIRE HYDRANTS AND ASSOCIATED PIPING AND ATTACHMENTS TO PROVIDE FIRE PROTECTION TO THE YMCA POOL
FACILITY AT TFA EAST PARK HOUSING.
15A. NAME AND TITLE OF SIGNER ¢rype or ~n~n0 16A. NAME AND TITLE OF CONTRACTING OFFICER ('rype~cprmt)
~_ . / ------ H. PADRO
By'SB' CONTRACt/OFFEROR., ' *'-~.__ ~' '.~ ~' ~; ]15C... DATE; r SIGNED, By'6B' UN ~S ~RIC~7/, ~~~ i 16C.- / *'/./DATE SIGNED
STANDARD FORM 30 (REV. 10-83)
AMENDMENT OF SOLICITATION/Ii -)IFICATION OF CONTRACT 3NTRACT ID CODE ' PAGE OF PAGES
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (Ifepplicable/
P00001 I February 1998
6. ISSUED BY CODE 611.DP 7. ADMINISTERED BY (t,'olherthe~ It~n O) CODE
SOUTHWEST DIVISION
NAVAL FACILITIES ENGYNEERING COMMAND
CONTRACTS DEPARTMENT
1220 PACIFIC HIGHWAY
SAN DIEGO. CA 92132-5187
8. NAME AND ADDRESS OF CONTRACTOR (No, sV~t county, sla~ andz~p Co~e) I I 9A. AMENDMENT OF SOLICITATION NO.
I
CITY OF BREMERTON
3027 OLYMPUS DRIVE
BREMERTON, WA 98310-4799 9B. DATED (SEE ITEM t 1)
10A. MODIFICATION OF CONTRACT/ORDER NO.
N68711-96-C-2288
CODE I FACILITY CODE 10B. DATED (SEE ITEM 13)
22 December 1997
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOL~CITATIONS
[] The above numbered ec~icitation is amended as sat forth in Item 14. The hour and date specified for receipt of Offers [] is extended, [] is not extended,
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following mathods:
[~)bBy..co[n pleting, J terns 8 and 15. and returning.~ copies of the amendment;.(b) By aclff~owledging receil~t of this amendmenton eachcoo¥ of the offer
rflitted: or ~c)'Bwse~arate lett~* or telecffam-v~'ILWinc~udes a referenco of to the so~citation aha amendment numbers. FAILURE OF YODR
ACKNOWLEDGEMEIqT TO BE RECEIVED AT THE PLACE DESIGNATE~ FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPEC F ED
.M.AY RESU.L~ IN REJ. E.C.TIOI~ .O.F YOUR Qram:ER. If by virtue of this ame~r~e0t you q~sjre to change an o~er a reqdy submitted, such change may be made by
te~egrsm or ~etter, provme~ eecn [elegram or letter makes reference to the solicitation and this amendment, and s received prior to the opening nour arid date
specified.
12. ACCOUNTING AND APPROPRIATION DATA (Itr~quir~)
Funds will bc cited when invoices arc certified for payment
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIED THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Spec~mulho~ay) THE CHANGES SET FORTH IN ITEM 14ARE MADE IN THE CONTRACT
ORDER NO. IN ITEM 10A.
I B. THE ABOVE NUMBERED CONTRACT/ORDERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such am chenge~ in paying office,
XX epprow~lion date, etc. J SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). Terms of con~act
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTH ER (Specifi/type of modification and authority)
E. IMPORTANT: Contractor ~[: is not, [] is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (O~gamzedbyUCFm~ctionheedinfls~ includingsolicitation/conb~ct~ubjectmetfl~rwherefeamib~)
This conUcact modification incorporates the City of Bremerton O~dinance 4618, effective 1 February 1998, implementing new water and sewer rates into the contract.
The City is not required to sign this modification, m the City Council signatures on the City Ordinance, and City of Bremerton rate lettor dated 7 Sanuaty 1998 will
serve that purpose. Attached is a replacement page 2 to the basic contract reflecting the new rates.
15A. NAME AND TITLE OF SIGNER (Type~'prin0 16A. NAME AND TITLE OF CONTRACTING OFFICER
H.D. POWELL
15B. CONTRACTOR/OFFEROR I 15C. DATE SIGNED 16B. UNI?ED STATES OF AMERICA 1(C. DATE SIGNED
B
Y
DUPLICATE ORIGINAt:
N68711-96-C-2288
PART I
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
Subject to the terms and conditions hereinafter set forth, the contractor shall sell and deliver
water and provide sewer service to the Puget Sound Naval Shipyard (PSNS), Bremerton, WA.
CLIN 0001 - Price for metered water shall be based on 95% of thc City's retail rate for the
applicable meter sizes (10" diameter). A fixed monthly charge of $20,700.00
and a volume charge of $.53/Hundred Cubic Feet (HCF) was agreed to between
the parties to this contract.
The following are the current applicable City water account numbers for
application of this CLIN 0001 rate: 13-0003-0, 13-0004-0, and 13-0005-0.
CL1N 0002 - Price for sewage shall be based on the City's retail Commercial I rate plus 5%.
A fixed monthly charge of $85,975.00 and a volume charge of $1.45/HCF
was agreed to between the parties to this contract.
The following are the current applicable City sewer account numbers for
application of this CLIN 0002 rate: 13-0009-0, 13-0010-0, and 13-0012-0.
CLIN 0003 - Price for metered water for the following accounts shall be based on the City's
retail water rate for the applicable meter sizes. Account numbers:
46-2690-0 PSNS - Bremerton Airport, meter size is 1 1/2" diameter
46-5565-0 PSNS - Pass & ID Building, meter size is 2" diameter
CLIN 0004 - Price for sewage for the following account shall be based on the City's retail
Commercial I rate. Account number:
46~5566-0 PSNS - Pass & ID Building
End of Section B
Rest of page intentionally left blank
2
AWARD/CONTRACT THIS CONTRACT IS A RATED ORDER I RATING I PAGE Of PAGES
I UNDER DPAS (15 CFR 350) I~I ] I I 27
2. CONTRACT (Proc. Inst./dent.) NO. I 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUEST/PROJECT NO.
N68711-96-C-2288 I 1 DECEMBER 1997
5. ISSUED BY CODE 613.DP 6. ADMINISTERED BY (Ifotherthan Item 5) CODE
SOUTHWEST DIVISION SAME AS BLOCK 5
NAVAL FACILITIES ENGINEERING COMMAND
WEST COAST SUPPORT TEAM
1220 PACIFIC HIGHWAY
SAN DIEGO, CA 92132-5187
7. NAME AND ADDRESS OF CONTRACTOR (No., ~ c/~, ¢ou~y, s~atsa~z~pco~e)
8. DELIVER[~ FOB ~[~ OTHER(s~e~)
CITY OF BREMERTON
3027 OLYMPUS DRIVE 9. DISCOUNT FOR PROMPT PAYMENT
BREMERTON, WA 981310-4799
10. SUBMit INVOICES (4~o~ unleaaotherwiaespecified)
CODE FACILITY CODE TO THE ADDRESS SHOWN IN ITEM: SEE PAGE 8
11. SHIP TO/MARK FOR CODE 12. PAYMENT WILL BE MACE BY CODE
NOT APPLICABLE SEE PAGE 9
13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN 14. ACCOUNTING AND APPROPRIATION DATA
60MPETITION SEE PAGE 9
lOUmS.C. ~C){1 ) D 41 U'SIC'2531C){ )
15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT
CMN 0001 SEE PAGE 2
CLIN 0002
CLIN 0003
CLIN 0004
lSG. TOTAL AMOUNT OF CONTRACT > $
16. TABLE OF CONTENTS
(,) ISECIDESCRIPTION I P^ E(S) (v') ISEC l DESCRIPTION Ip^-,
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
XX A SOLICITATION/CONTRACTFORM 1 XX I I I CONTRACTCLAUSES I 11-1!
m
m
m
XX B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH,
XX C DESCRIPTION/SPECS.ANORKSTATEMENT 3-4 xxI J I LiST OF ATTACHMENTS 116
XX D PACKAGING AND MARKJNG 5 PART IV- REPRESENTATIONS AND INSTRUCTIONS
XX E INSPECTION AND ACCEPTANCE 6 XX K REPRESENTATIONS, CERTIFICAT[ONSAND OTHER 17-2,
XX F DELIVERIES AND PERFORMANCE 7 STATEMENTS OF OFFERORS
XX G CONTRACTADMINISTRATION DATA 8-9 XX L INSTRS., CONDS..AND NOTICES TO OFFERORS 25-2~
XX H SPECIAL CONTRACT REQUIREMENTS 10 XX M EVALUATION FACTORS FORAWARD 27
CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
17. [[J(CONTRACTOR'S NEGOTIATED AGREEMENT (c~ctori~r~qui~dfo 18. [~J~AWARD (cc~t~ri~r,c~requiredfo~ignthi~docume,t.) YourofferonS~licitation
~ignthi~documentendrelurn 2 ¢opesfoissuingoeice.) Contmctoragreesto furnish and Number N68711-96*R-2288
deliver all items or perf(xm all the se~ces set forth or otherwise identified above and on any including the edd~ons or changes made by you which additions or changes are set forth in foil
continuation sheets for theconsiderafion statod herein. The rightsand obligationsofthe pa~esto above, is herebyaccepthd astotheitemslisted alxweand on anyconfinuaflonsheeth, This awa~l
this contract shall be subject to and governed by the following documents: (a} this awar~cont~act, {bi consummates the contract which consists of the following do~menth: (a) the Governments
the solic~tedon, if any, and (c) such pro~sion$, representations, cert~icedons, and specifications, as solicitation and your offer, and (bi this awardfoontTact No furthe~ contracaJal docun~ntation is
are attscbed ~ inco~ by reference herein, (Attachments are listed herein.) necessary.
W. E. S~Lmpley ~ Cert.'acting Officer
Director, Public [~brks & Utilities
'Y1 9'm N~~cTOR I DATE S''NE~ ~Bi ,y~~ ~UN'T~TES OF A~ER'CA ~' ~--' ~--' /~h~[~~ ~C' DATE S'~NE~
STANDARD FORM 26 (REV. 4-85)
N68711-96-C-2288
PART I
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
Subject to the terms and conditions hereinafter set forth, the contractor shall sell and deliver
water and provide sewer service to the Puget Sound Naval Shipyard (PSNS), Brcmerton, WA.
CLIN 0001 - Price for metered water shall be based on 95% of the City's retail rate for the
applicable meter sizes (10' diameter). A fixed monthly charge of $20,000.00
and a volume charge of $.51/Hundred Cubic Feet (HCF) was agreed to between
the parties to this contract.
The following are the current applicable City water account numbers for
application of this CLIN 0001 rate: 13-0003-0, 13-0004-0, and 13-0005-0.
CLIN 0002 - Price for sewage shall be based on the City's retail Commercial I rate plus 5 %.
A fLxed monthly charge of $85,000.00 and a volume charge of $1.40/HCF
was agreed to between the parties to this contract.
The following are the current applicable City sewer account numbers for
application of this CLIN 0002 rate: 13-0009-0, 13-0010-0, and 13-0012-0.
CLIN 000:3 - Price for metered water for the following accounts shall be based on the City's
retail water rate for the applicable meter sizes. Account numbers:
46-2690-0 PSNS - Bremerton Airport, meter size is 1 1/2" diameter
46-5565-0 PSNS - Pass & ID Building, meter size is 2" diameter
CLIN 0004 - Price for sewage for the following account shall be based on the City's retail
Commercial I rate. Account number:
46-5566-0 PSNS - Pass & ID Building
End of Section B
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N68711-96-C-2288
PART I
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C.1 General Reouirements: The contractor shall provide all labor, supervision, tools,
equipment, and transportation necessary to provide for services under this contract.
C.2 Premises to be Served: PSNS (including Pass & ID Building), Bremerton, WA
PSNS - Bremerton Airport
C.3 Points of Deliver~:
Water shall be delivered at the following meter locations:
1. At the corner of Callow Way and Farragut Ave.
2.75' East of the Main Gate at First Street.
3. Pass & ID Building.
4. Bremerton Airport.
Sewage shall be received by the City at the following points of delivery:
1. Just upstream of the City's Cambrian Avenue flow metering vault (MS4) located on
the site of the City's pump station WB-3.
2. At the City's First street flow metering vault (MS5) located on the south side of the
100 block of First street.
3. Pass & ID Building.
These sewer locations may be referred to later in this contract as the points of delivery or as
"Cambrian Avenue" and "First street", respectively.
C.4 Nature of Service: XX Connection Change Disconnect
C.5 Estimated Service:
WATER:
Estimated annual volume: 1,250,000 HCF
Estimated Connection Charge: None
SEWER:
Estimated annual volume: 530,000 HCF
Estimated Connection Charge: None
C.6 Service tO be Rendered:
WATER: The City shall have water continuously available at the points of delivery at a
pressure not less than applicable State standards. The City shall supply clear, potable water
3
N68711-96-C-2288
safe for human consumption in accordance with applicable laws, rules, and regulations
promulgated by Federal, State and local authorities for drinking and culinary water supplied by
common carriers in interstate commerce and such revisions thereof as may be made from time
to time.
SEWER: The City shall furnish sewage service as provided herein and shall receive, carry,
treat and dispose of all sanitary sewage originating at the points of delivery in such amounts as
governed by the estimated volume and rate of delivery specified herein, and in a manner and
by such means as will constitute no hazard to the public health. The City shall operate their
sewage facilities in conformity with applicable laws, rules, and regulations promulgated by
Federal, State and local authorities.
C.7 Rate of Delivery (Sewaee): The amount of sewage discharged to the City for
treatment, reclamation or disposal shall not exceed a maximum daily flow of 2.3 million
gallons per day at Cambrian Avenue and .72 million gallons per day at First street, not to
exceed 3.02 million gallons per day peak flow.
C.8 Term of Service: This contract shall be in effect for a period of 10 years after the
contract award date or until terminated at the option of the Government by giving written
notice to the City of Bremerton no less than 30 days in advance of the effective date of
termination.
C.9 Rate Schedule: Water and Sewer rates shall be in accordance with City of Bremerton's
current rates and charges for municipal water and wastewater, ordinance 4578, as may be later
amended by the City, and as otherwise stipulated in this contract.
End of Section C
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4
N68711-96-C-2288
PART I
SECTION D - PACKAGING AND MARKING
This section is not applicable
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5
N68711-9§-C-2288
PART I
SECTION E - INSPECTION AND ACCEPTANCE
E.1 Sewa2e Monitorinm Thc Contractor shall be responsible for monitoring the sewage at
the points of delivery in accordance with the requirements of Federal, State and local
regulatory agencies (also refer to Sewage Sampling provisions contained in Section H,
Paragraph H.3). Thc Government may perform additional monitoring at the Government's
expense.
End of Section E
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6
N68711-96-C-2288
PART I
SECTION F - DELIVERIES OR PERFORMANCE
This section is not applicable
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N68711-96-C-2288
PART I
SECTION G - CONTRACT ADMINISTRATION
G.1 Payment: The City shall be paid by the designated disbursing office for services
furnished under the contract at the rate(s) specified. All bills for regular monthly service, shall
be paid according to the Prompt Payment Act. The Government shall be entitled to any
discounts customarily applicable to payment of bills by all customers of the City under like
conditions of service. The Government shall notify the City, in writing, within thirty (30) days
following thc receipt of any disputed billing. The disputed billings shall be paid in full by the
Government under protest, pending a negotiated resolution pursuant to an appropriate audit, if
required, and in accordance with the Disputes Clause of the contract.
Payments hereunder shall be contingent upon the availability of appropriations therefore, and
shall not be made in advance of the service rendered.
G.2 Invoicing Instructions:: Invoices for service rendered hereunder shall contain
statements of the current and prior meter readings, consumption during the billing period,
meter constants, the appropriate billing rate(s), and other pertinent data. Upon Government
acceptance of Contractor services, the Contractor shall submit their invoice for monthly service
to the address shown in paragraph G.3(d).
G.3 Contract Administration Data:
a. Procurement Contractin~ Officer (PCO) name/address:
Southwest Division Herb Padro
Naval Facilities Engineering Command (619) 532-1989
Contracts Department, Code 613.HP Fax 532-3979
1220 Pacific Highway
San Diego, CA 92132
b. The Technical Engineer for this contract is:
Southwest Division Sam Luk
Naval Facilities Engineering Command (619) 532-3751
Utilities Acquisition, Code 613.SL Fax 532-3979
1220 Pacific Highway
San Diego, CA 92132 ~
c. Contractor name/address:
City of Bremerton Rich Hanna
Depathnent of Public Works and Utilities (360) 478-5295
3027 Olympus Drive (360) 478-5200
Bremerton, WA 983104799
8
N68711-96-C-2288
d. Submit invoices for monthly service to:
Puget Sound Naval Shipyard
K002510204/0304
Atto: Code 912.3
1400 Farragut Avenue
Bremerton, WA 98314-5001
e. The paying office for this contract is (Do not submit invoices to this address):
Defense Finance Accounting Service
Norfolk Operating Location
9712 Virginia Avenue
Norfolk, VA 13511-3297
G.4 Accountine and A~oro~riation Data: Accounting data will be cited at the time invoices
are certified for payment.
G.5 Sunerseded Contracts: The City and the Government mutually agree, upon award of
this contract, that contract numbers N68711-83-C-9720 and N68711-85-C-6913, as amended,
which has provided the Government similar services, is hereby superseded with regard to the
PSNS, Bremerton, WA, and the City further agree to unconditionally waive any claim against
the other by reason of such termination, except for service billings due or to become due.
End of Section G
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9
N68711-96-C-2288
PART I
SECTION H - SPECIAL REQUIREMENTS
H.1 Sewaee Discharge Reauirements: The quality of sewage discharged by Government to
the City shall be in accordance with standards as established by l%deral, State or local laws,
rules, or regulations as may be hereafter made applicable upon due notice to the Government
by the City. Subject to negotiation with the Government, such local sewage quality criteria
may be amended from time to time by the City, provided, that such modifications arc
applicable throughout the service area within the sewage utility service boundaries of the City.
H.2 Other Points of Discharoe: It is recognized by both parties to this contract that there are
other points of discharge both into PSNS by the City and out of PSNS without measurement
through either of the City's flow metering vaults. Both parties believe that the difficulty in
monitoring flows and strength of these discharges is not commensurate with their significance
in arriving at an equitable basis for assessing charges under this contract and agree to disregard
these flows in computing charges under this contract until such time as they become of greater
significance. This provision shall not be interpreted to preclude the agreement between the
parties to utilize direct sampling of these discharges if conditions should require it in the
future.
I-1.3 Sewage Samolin~: The City will operate and maintain sewage sampling facilities at the
points of delivery for the purpose of monitoring sewer loading discharges. The sewer loading
discharges shall include Biochemical Oxygen Demand (BOD) and Total Suspended Solids
(TSS), and other parameters as may be added by mutual agreement of the parties in the future.
The City shall, at a minimum, conduct sewage sampling on a semi-monthly basis. Copies of
the sampling analyses shall be provided to the Government at the address provided below on a
monthly or more frequent basis.
Commander
Atto: Code 912
Puget Sound Naval Shipyard
Bremerton, WA 98314-5000
The following are average peak loading discharges currently allowed under this contract:
Cambrian Avenue and First street flow metering vaults: 266 mg/1 BOD
266 mg/1 TSS
1-I.4 Advance Rate Chanoe Notice: The City shall provide a 30-day advance notice to the
Contracting Officer of any anticipated rate changes (also see FAR Clause 52.241-8 in Section
I).
End of Section H
10
N68711-96-C-2288
PART II
SECTION I - CONTRACT CLAUSES
Federal Acquisition Regulations (FAR) Clauses
52. 252-2 CLAUSES INCORPORATED BY REFERENCE
This contract incorporates one or more clauses by reference, with the same force and effect as
if they were given in full text. Upon request, the Contracting Officer will make their full text
available.
52-202-1 Definitions (OCT 1995)
52.203-3 Gratuities (APR 1984)
52.203-5 Covenant Against Contingent Fees (APR 1984)
52.203-6 Restrictions on Subcontractor Sales to the Government (IUL 1995)
52.203-7 Anti-Kickback Procedures (JUL 1995)
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
(JAN 1997)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)
52.203-12 Limitation of Payments to Influence certain Federal Transactions (JAN 1990)
52.204-4 Printing/Copying Doubled-Sided on Recycled Paper (JUN 1996)
52.209-6 Protecting the Government's Interest when Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (JUL 1995)
52.215-2 Audit and Records - Negotiation (AUG 1996)
52.215-22 Price Reduction for Defective Cost or Pricing Data (OCT 1995)
52.215-23 Price Reduction for Defective Cost or Pricing Data - Modifications (OCT 1995)
52.215-24 Subcontractor Cost or Pricing Data (OCT 1995)
52.215-25 Subcontractor Cost or Pricing Data - Modifications (OCT 1995)
52.215-27 Termination of Defined Benefit Pension Plans (SEP 1989)
52.215-31 Waiver of Facilities Capital Cost of Money (SEP 1987)
52.215-33 Order of Precedence (JAN 1986)
52.215-39 Reversion or Adjustment of Plans for Postretirement Benefits Other than
Pensions (FEB 1995)
52.215-40 Notification of Ownership Changes (FEB 1995)
52.217-8 Option to Extend Services (AUG 1989)
52.219-8 Utilization of Small, Small Disadvantaged and Women-Owned Small Business
Concerns (OCT 1995)
52.222-3 Convict Labor (AUG 1996)
52.222-26 Equal Opportunity (APR 1984)
52.222-28 Equal Opportunity Preaward Clearance of Subcontracts (APR 1984)
52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans (APR 1984)
52.222-36 Affirmative Action for Handicapped Workers (APR 1984)
52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era
(JAN 1988)
52.223-2 Clean Air and Water (APR 1984)
52.223-6 Drug-Free Workplace (JAN 1997)
11
N68711-96-C-2288
52.232-1 Payments (APR 1984)
52.232-23 Assignment of Claims (JAN 1986)
52.232-25 Prompt Payment (MAY 1997)
52.233-1 Disputes (OCT 1995)
52.233-3 Protest after Award (AUG 1996)
52.242-13 Bankruptcy (JUL 1995)
52.241-2 Order of Precedence - Utilities (FEB 1995)
In the event of any inconsistency between the terms of this contract (including the
specifications) and any rate schedule, rider, or exhibit incorporated in this contract by
reference or otherwise, or any of the City's rules and regulations, the terms of this contract
shall control.
(End of clause)
52.241-3 Scope and Duration of Contract (FEB 1995)
(a) For the period of ten (10) years after the award date of tlxis contract the Contractor
agrees to furnish and the Government agrees to purchase water and sewer utility service in
accordance with the applicable tariff(s), rules, and regulations as approved by the applicable
governing regulatory body and as otherwise set forth in the contract.
(b) It is expressly understood that neither the Contractor nor the Government is under
any obligation to continue any service under the terms and conditions of this contract beyond
the expiration date.
(c) The Contractor shall provide the Government with one complete set of rates, terms,
and conditions of service which are in effect as of the date of this contract and any
subsequently approved rates.
(d) The Contractor shall be paid at the negotiated percentage (see Section B, CLINs
0001 and 0002) of the applicable rate(s) under the tariff and the Government shall be liable for
the minimum monthly charge, if any, specified in this contract commencing with the period in
which service is initially furnished and continuing for the term of this contract. Any minimum
monthly charge specified in this contract shall be equitably prorated for the periods in which
commencement and termination of this contract become effective.
(End of clause)
52.241-4 Change in Class of Service (FEB 1995)
(a) In the event of a change in the class of service, such service shall be provided at the
Contractor's lowest available rate schedule applicable to the class of service furnished.
(b) Where the Contractor does not have on file with the regulatory body approved rate
schedules applicable to services provided, no clause in this contract shall preclude the parties
from negotiating a rate schedule applicable to the class of service furnished.
(End of clause)
12
N68711-96-C-2288
52.241-5 Contractor Facilities ( FEB 1995)
(a) The Contractor, at its expense, unless otherwise provided for in this contract, shall furnish,
install, operate, and maintain all facilities required to furnish service hereunder, and measure
such service at the point of delivery specified in the Service Specifications or elsewhere in the
contract. Title to all such facilities shall remain with the Contractor and the Contractor shall be
responsible for loss or damage to such facilities, except that the Government shall be
responsible to the extent that loss or damage has been caused by the Government's negligent
acts or omissions, including violations of any regulatory permit(s) that cause financial harm to
the Contractor.
(b) Notwithstanding any terms expressed in this clause, the Contractor shall obtain approval
from the Contracting Officer prior to any equipment installation, construction, or removal. The
Government hereby grants to the Contractor, free of any rental or similar charge, but subject
to the limitations specified in this contract, a revocable permit or license to enter the service
location for any proper purpose under this contract. This permit or license includes use of the
site or sites agreed upon by the parties hereto for the installation, operation, maintenance, and
repair of the facilities of the Contractor required to be located upon Government premises. All
applicable taxes and other charges in connection therewith, together with all liability of the
Contractor in construction, operation, maintenance and repair of such facilities, shall be the
obligation of the Contractor.
(c) Authorized representatives of the Contractor will be allowed access to the facilities on
Government premises at reasonable times to perform the obligation of the Contractor regarding
such facilities. It is expressly understood that the Government may limit or restrict the right of
access herein granted in any manner considered necessary (e.g., national security, public
safety). However, the Contractor shall not be held in breach or default of this agreement or be
penalized for failure to provide service hereunder should this right of access be so limited or
restricted by the Government to the extent that the Contractor cannot perform.
(d) Unless otherwise specified in this contract, the Contractor shall, at its expense, remove
such facilities and restore Government premises to their original condition as near as
practicable within a reasonable time after the Government terminates this contract. In the event
such termination of this contract is due to the fault of the Contractor, such facilities may be
retained in place at the option of the Government for a reasonable time while the Government
attempts to obtain service elsewhere comparable to that provided for hereunder.
52.241-6 Service Provisions (FEB 1995)
(a) Measurement of service. (1) All service furnished by the Contractor shall be
measured by suitable metering equipment of standard manufacture, to be furnished and
installed by way of any applicable connection charge. Further, the metering equipment shall be
inspected, maintained, repaired, calibrated in accordance with the manufacturer's
recommendations, and read by the Contractor at its expense. When more than a single meter is
installed at a service location, the readings thereof may be billed conjunctively, if appropriate.
In the event any meter fails to register (or registers incorrectly) the service furnished, the
parties shall agree upon the length of time of meter malfunction and the quantity of service
13
N68711-96-C-2288
delivered during such period of time. An appropriate adjustment shall be made to the next
invoice for the purpose of correcting such errors. However, any meter which registers not
more than 3 percent slow or fast shall be deemed correct. (2) The Contractor shall read all
meters at periodic intervals of approximately 30 days or in accordance with the policy of the
cognizant regulatory body or applicable bylaws. (3) The quantity of water delivered and the
Government's wastewater discharge shall be determined by readings at the locations specified
in Section C, paragraph C.3. Also see Section H, paragraphs H.3 through H.5 regarding
metering, sampling, and peak sewer loading discharges.
(b) Meter test. (I) The Contractor, at its expense, shall periodically inspect and test
Contractor installed meters larger than 1" diameter at intervals not exceeding 2 years. Meters
1' diameter and smaller shall be inspected, tested or replaced at intervals not exceeding 5
years. The Government has the right to have representation during the inspection and test. (2)
At the written request of the Contracting Officer, the Contractor shall make additional tests of
any or all such meters in the presence of Government representatives. The cost of such
additional tests shall be borne by the Government if the percentage of errors is found not to be
more than 3 percent slow or fast. (3) No meter shall be placed in service or allowed to remain
in service which has an error in registration in excess of 3 percent under normal operating
conditions.
(c) Change in volume or character. Reasonable notice shall be given by the Contracting
Officer to the Contractor regarding any material changes anticipated in the volume or
characteristics of the utility service required at each location. Further, the Government shall
give reasonable notice to the City respecting any material short term changes anticipated in the
volume or strength of the wastewater flow to be delivered. It is the responsibility of either
party to notify the other of any anticipated long term change in the volume or strength of the
wastewater flow to be delivered. It is the responsibility of either party to notify the other of
any anticipated long term change in the levels of discharge (Government) or service (City) by
giving six months advance notice.
(d) Continuity of service and consumption. The Contractor shall use reasonable
diligence to provide a regular and uninterrupted supply of service at each service location, but
shall not be liable for damages, breach of contract or otherwise, to the Government for failure,
suspension, diminution, or other variations of service occasioned by or in consequence of any
cause beyond the control of the Contractor, including but not limited to acts of God or of the
public enemy, fires, floods, earthquakes, or other catastrophe, strikes, or failure or breakdown
of transmission. An equitable adjustment shall be made in the monthly billing specified in this
contract (including the monthly fixed charge) for any suspension, interruption, diminution, or
other variations of service aggregating more than 8 hour(s) during any billing period.
(End of clause)
52.241-8 Change in Rates or Terms and Conditions of Service for Unregulated Services
(FEB 1995)
(a) This clause applies to the extent that services furnished hereunder are not subject to
regulation by a regulatory body.
(b) Thirty (30) days after the award date of this contract, either party may request a
change in the rates or terms and conditions of service, unless otherwise provided in this
contract. Both parties agree to enter into negotiations (as applicable) concerning such changes
14
N68711-96-C-2288
upon receipt of a written request detailing the proposed changes and specifying the reasons for
the proposed changes. It is herein recognized that the initial rates agreed to in this contract
(e.g. 95% of retail rates for water and 1.05% of retail rates for sewer) were to compensate the
Government for past capital contributions over the life of this contract, and that any future rate
increases will be tied to the percentage increase for other retail customers.
(c) The effective date of any change shall be as agreed to by the parties. The Contractor
agrees that throughout the life of this contract the rates will not be in excess of published and
unpublished rates charged to any other customer of the same class under similar terms and
conditions of use and service.
(d) The failure of the parties to agree upon any change after a reasonable period of time
shall be a dispute under the Disputes clause of this contract.
(e) Any changes to rates, terms, or conditions shall be made a part of this contract by
the issuance of a contract modification.
(End of clause)
52.241-11 Multiple Service Locations (FEB 1995)
(a) At any time by written order, and subject to appropriate connection charge, the
Contracting Officer may designate any location within the service area of the Contractor at
which utility service shall commence or be discontinued. Any changes to the service
specifications shall be made a part of the contract by the issuance of a contract modification to
include the name and location of the service, specifying any different rate, the point of
delivery, different service specifications, and any other terms and conditions.
(b) The applicable monthly charge specified in this contract shall be equitably prorated
from the period in which commencement or discontinuance of service at any service location
designated under the Service Specifications shall become effective.
(End of clause)
Defense Federal Acquisition Regulation Supplement (DFARS) Clauses
252.203-7000 Statutory Prohibition on Compensation to former Department of Defense
Employees (NOV 1995)
252.203-7001 Special Prohibition on Employment (NOV 1995)
252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC 1991)
252.215-7000 Price Adjustments (DEC 1991)
252.232-7006 Reduction or Suspension of Contract Payments upon Finding of Fraud
(AUG 1992)
252.233-7000 Certification of Claims and Requests for Adjustment or Relief (MAY 1994)
End of Section I
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15
N68711-96-C-~88
PART I
SECTION J - LIST OF AI~rACHlVI~-NTS
J.1 City of Bremerton Ordinance setting rates and charges for municipal water and
wastewater (sewage) services.
End of Section ,l
Rest of P~e intentionally' left blank
16
N68711-96-C-2288
PART III
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF OFFERORS OR QUOTERS
52.203-2 Certificate of Independent Price Determination (APR 1985)
(a) The offeror certifies that -
(1) The prices in this offer have been arrived at independently, without, for the purpose of
restricting competition, any consultation, communication, or agreement with any other offeror
or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the
methods or factors used to calculate the prices offered;
(2) The prices in this offer have not been and will not be knowingly disclosed by the
offeror (except City Ordinances), directly or indirectly, to any other offeror or competitor
before bid opening (in thc case of a sealed bid solicitation) or contract award ( in the case of a
negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern
to submit or not to submit an offer for thc purpose of restricting competition.
Co) Each signature on the offer is considered to be a certification by the signatory that the
signatory -
(I) Is the person in the offeror's organization responsible for determining the prices being
offered in this bid or proposal, and that the signatory has not participated and will not
participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in
certifying that those principals have not participated, and will not participate in any action
contrary to subparagraphs (a)(1) through (a)(3) above.
Mr. Richard Hanna~ City Treasurer and Mr. Eugene Sampley Director of Public Works and
Utilities. (insert full name of person(s) in the offeror's organization responsible for
determining the prices offered in this bid or proposal and the title of his or her position in the
offeror' s organization);
(ii) As an authorized agent, does certify that the principals named in subdivision
Co)(2)(i) above have not participated, and will not participate, in any action contrary to
subparagraphs (a)(1) through (a)(3) above; and
(iii) As an agent, has not personally participated, and will not participate, in any action
contrary to subparagraphs (a)(1) through (a)(3) above.
(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with
its offer a signed statement setting forth in detail the circumstances of the disclosure.
(End of Provision)
17
N68711-96-C-2288
52.203-11 Certification and Disclosure regarding Payments to Influence certain Federal
Transactions (APR 1991)
(a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on
Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby
incorporated by reference in paragraph (b) of this certification.
(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and
belief that on or after December 23,1989, -
(1) No Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress on
his or her behalf in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of continuation, renewal,
amendment or modification of any Federal contract, grant, loan, or cooperative agreement;
(2) If any funds other than Federal appropriated funds (including profit or fee received
under a covered Federal transaction) have been paid, or will be paid, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee on Congress, or an employee of a Member of Congress on
his or her behalf in connection with this solicitation, the offeror shall complete and submit,
with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting
Officer; and
(3) He or she will include the language of this certification in all subcontract awards at any
tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and
disclose accordingly.
(c) Submission of this certification and disclosure is a prerequisite for making or entering into
this contract imposed by section 1352, title 31, United States Code. Any person who makes an
expenditure prohibited under this provision or who fails to file or amend the disclosure form to
be filed or amended by this provision, shall be subject to a civil penalty of not less than
$10,000, and not more than $100,000, for each such failure.
(End of Provision)
52. 209-5 Certification Regarding Debarment, Suspension, Proposed Debarment, and
Other Responsibility Matters (MAR 1996)
(a) (1) The Offeror certifies, to the best of its knowledge and belief, that -
(i) The Offeror and/or any of its Principals -
(A) Are __ are not X presently debarred, suspended, proposed for
debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have __ have not X~ within a three-year period preceding this offer, been
convicted of or had a civil judgment rendered against them for: commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes
relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery,
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falsification or destruction of records, making false statements, or receiving stolen property;
and
(C) Are __ are not ~ presently indicted for, or otherwise criminally or
civilly charged by a governmental entity with, commission of any of the offenses enumerated
in subdivision (a)(1)(i)(B) of this provision.
(ii) The Offeror has __ has not ___X~, within a three-year period preceding this
offer, had one or more contracts terminated for default by any Federal agency.
(2) "Principals," for the purposes of this certification, means officers; directors;
owners; parmers; and, persons having primary management or supervisory responsibilities
within a business entity (e.g., general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions). This certification concerns a matter within the
jurisdiction of an agency of the United States and the making of a false, fictitious, or
fraudulent certification my render the maker subject to prosecution under section 1001, title
18, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any
time prior to contract award, the Offeror learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not
necessarily result in withholding of an award under this solicitation. However, the certification
will be considered in connection with a determination of the Offeror's responsibility. Failure of
the Offeror to furnish a certification or provide such additional information as requested by the
Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system
of records in order to render, in good faith, the certification required by paragraph (a) of this
provision. The knowledge and information of the Offeror is not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is material representation of fact upon
which reliance was placed when making award. If it is later determined that the Offeror
knowingly rendered an erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting from this solicitation
for default.
(End of Provision)
52.215-11 Authorized Negotiators (APR 1984)
The Offeror represents that the following persons are authorized to negotiate on its behalf with
the Government in connection with this request for proposals or quotations: (list names, titles,
and telephone numbers of the authorized negotiators). Mr. Richard Hanna, City Treasurer and
Mr. Eugene Sample¥, Director, Denartment of Public Works.
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(End of Provision)
52.219-1 Small Business Concern Representations (JAN 1997)
(a)(1) The standard industrial classification (SIC) code for this acquisition is 4941 (water) and
4952 (sewage).
(2) The small business size standard is $5,000,000.
(3) The small business size standard for a concern which submits an offer in its own name,
other than on a construction or service contract, but which proposes to furnish a product which
it did not itself manufacture, is 500 employees.
(b) Representations. (1) The offeror represents and certifies as part of its offer that it __
is, ___X__ is not a small business concern. (2) (Complete only if offeror represented itself as a
small business concern in block (b)(1) of this section.) The offeror represents as part of its
offer that it __ is, X is not a small disadvantaged business concern. (3) (Complete only
if offeror represented itself as a small business concern in block (b)(1) of this section.) The
offeror represents as part of its offer that it __ is X is not a women-owned small
business concern.
(c) Definitions. Small business concern, as used in this provision, means a concern, including
its affiliates, that is independently owned and operated, not dominant in the field of operation
in which it is bidding on Government contracts, and qualified as a small business under the
criteria in 13 CFR Part 121 and size standards in paragraph (a) of this provision.
Small disadvantaged business concern, as used in this provision, means a small business
concern that (1) is at least 51 percent unconditionally owned by on or more individuals who are
both socially and economically disadvantaged, or a publicly owned business having at least 51
percent of its stock unconditionally owned by one or more socially and economically
disadvantaged individuals, and (2) has its management and daily business controlled by one or
more such individuals. This term also means a small business concern that is at lest 51 percent
unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian
Organization, or a publicly owned business having at least 51 percent of its stock
unconditionally owned by one or more of these entities, which has its management and daily
business controlled by members of an economically disadvantaged Indian tribe or Native
Hawaiian Organization, and which meets the requirements of 13 CFR Part 124.
Women-owned small business concern, as used in this provision, means a small business
concern - (1) Which is at least 51 percent owned by one or more women or, in the case of any
publicly owned business, at least 51 percent of the stock of which is owned by one or more
women; and (2) Whose management and daily business operation are controlled by one or
more women.
(d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for
small business concerns, then the clause in this solicitation providing notice of the set-aside
contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C.
645(d), any person who misrepresents a firm's status as a small business concern in order to
obtain a contract to be awarded under the preference programs established pursuant to sections
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N68711-96-C-2288
8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that
specifically references section 8(d) for a definition of program eligibility, shall - (i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment;
and
(iii) Be ineligible for participation in programs conducted under the authority of
the Act.
(End of Provision)
52.222-21 Certification of Nonsegregated Facilities (APR 1984)
(a) "Segregated facilities," as used in this provision, means any waiting rooms, work areas,
rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and
other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees, that are segregated by
explicit directive or are in fact segregated on the basis of race, color, religion, or national
origin because of habit, local custom, or otherwise.
(b) By the submission of this offer, the offeror certifies that it does not and will not maintain or
provide for its employees any segregated facilities at any of its establishments, and that it does
not and will not permit its employees to perform their services at any location under its control
where segregated facilities are maintained. The offeror agrees that a breach of this certification
is a violation of the Equal Opportunity clause in the contract.
(c) The offeror further agrees that (except where it has obtained identical certifications from
proposed subcontractors for specific time periods) it will -
(1) Obtain identical certifications from proposed subcontractors before the award of
subcontracts under which the subcontractor will be subject to the Equal Opportunity clause;
(2) Retain the certifications in the files; and
(3) Forward the following notice to the proposed subcontractors (except if the proposed
subcontractors have submitted identical certifications for specific time periods);
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
CERTIFICATIONS OF NONSEGREGATED FACILITIES
A Certification of Nonsegregated Facilities must be submitted before the award of a
subcontract under which the subcontractor will be subject to the Equal Opportunity clause. The
certification may be submitted either for each subcontract or for all subcontracts during a
period (i.e., quarterly, semiannually, or annually).
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
(End of Provision)
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52.222-22 Previous Contracts and Compliance Reports (APR 1984)
The offeror represents that -
(a) It ~X__ has, __ has not, participated in a previous contract or subcontract subject
either to the Equal Opportunity clause of this solicitation, the clause originally contained in
Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of
Executive Order No. 11114;
(b) It ~ has __ has not, filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed
subcontractors, will bc obtained before subcontract awards.
(End of Provision)
52.222-25 Affirmative Action Compliance (APR 1984)
The offeror represents that -
(a) It __X_~ has developed and has on file, __ has not developed and docs not have on
file, at each establishment, affwmative action programs required by the rules and regulation of
thc Secretory of Labor (41 CFR 60-1 and 60-2), or
Co) It __ has not previously had contracts subject to the written affirmative action
programs requirement of the rules and regulations of the Secretary of Labor.
(End of Provision)
52.223-1 Clean Air and Water Certification (APR 1984)
The Offeror certifies that -
(a) Any facility to be used in the performance of this contract is , is not ___X__
listed on the Environmental Protection Agency (EPA) List of Violating Facilities;
Co) The Offeror will immediately notify the Contracting Officer, before award, of the
receipt of any communication form the Administrator, or a designee, of the EPA, indicating
that any facility that the Offeror proposes to use for the performance of the contract is under
consideration to be listed on the EPA List of Violating Facilities; and
(c) The Offeror will include a certification substantially the same as this certification,
including this paragraph (c), in every nonexempt subcontract.
(End of Provision)
252.219-7000 Small Disadvantage Business Concern Representation (DoD Contracts)
(APR 1994)
(a) Definition.
"Small disadvantaged business concern," as used in this provision, means a small business
concern, owned and controlled by individuals who are both socially and economically
disadvantaged, as defined by the Small Business Administration at 13 CFR Part 124, the
22
N68711-96-C-2288
majority of earnings of which directly accrue to such individuals. This term also means a small
business concern owned and controlled by an economically disadvantaged Indian tribe or
Native Hawaiian organization which meets the requirements of 13 CFR 124.112 or 13 CFR
124.113, respectively. In general, 13 CFR Part 124 describes a small disadvantaged business
concern as a small business concern -
(1) Which is at least 51 percent unconditionally owned by one or more socially and
economically disadvantaged individuals; or
(2) In the case of any publicly owned business, at least 51 percent of the voting stock is
unconditionally owned by one or more socially and economically disadvantaged
individuals; and
(3) Whose management and daily business operations are controlled by one or more such
individuals.
(b) Representations.
Check the category in which your ownership falls -
__ Subcontinent Asian (Asian-Indian) American (U.S. citizen with origins from India,
Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal)
__ Asian-Pacific American (U.S. citizen with origins from Japan, China, the Philippines,
Vietnam, Korea, Samoa, Guam, U.S. Trust Territory of the Pacific Islands (Republic of
Palau), the Northern Mariana Islands, Laos, Kampuchea (Cambodia), Taiwan, Burma,
Thailand, Malaysia, Indonesia, Singapore, Brnnei, Republic of the Marshall Islands, or the
Federated States of Micronesia)
Black American (U.S. citizen)
__ Hispanic American (U.S. citizen with origins from South America, Central America,
Mexico, Cuba, the Dominican Republic, Puerto Rico, Spain, or Portugal)
__ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians, including
Indian tribes or Native Hawaiian organizations)
__ Individual/concern, other than one of the preceding, currently certified for participation
in the Minority Small Business and Capital Ownership Development Program under Section
8(a) of the Small Business Act
Other
(c) Certifications.
Complete the following -
(1) The Offeror is __ is not ~ a small disadvantaged business concern.
(2) The Small Business Administration (SBA) has __ has not ~ made a
determination concerning the offeror's status as a small disadvantaged business concern. If the
23
N68711-96-C-2288
SBA has made a determination, the date of the determination was and the
offeror -
Was found by SBA to be socially and economically disadvantaged and no circumstances
have changed to vary that determination.
__ Was found by SBA not to be socially and economically disadvantaged but circumstances
which caused the determination have changed.
(d) Notification
Notify the Contracting Officer before contract award if your status as a small disadvantaged
business concern changes.
(e) Penalties and Remedies.
Any one who misrepresents the status of a concern as a small disadvantaged business for the
purpose of securing a contract or subcontract shall -
(1) Be punished by imposition of a fmc, imprisonment, or both;
(2) Be subject to administrative remedies, including suspension and debarment;
and
(3) Be ineligible for participation in programs conducted under authority of the Small
Business Act.
(End of Provision)
End of Section K
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N68711-96-C-2288
PART IV
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR
QUOTERS
1. Federal Acouisition Regulations ~FAR~ Solicitation Provisions:
52. 252-1 Solicitation Provisions Incorporated by reference (JUN 1988)
This solicitation incorporates one or more solicitation provisions by reference, with the same
force and effect as if they were given in full text. Upon request, the Contracting Officer will
make their full text available.
52.2034 Contingent Fee Representation and Agreement (APR 1984)
52.215-5 Solici~aton Definitions (JUL 1987)
52.215-7 Unnecessarily Elaborate Proposals or Quotations (APR 1984)
52.215-8 Amendments to Solicitations (DEC 1989)
52.215-9 Submission of Offers (MAR 1997)
52.215-10 Late submissions, Modifications, and Withdrawals of Proposals (MAY 1997)
52.215-12 Restriction on Disclosure and Use of Data (APR 1984)
52-215-13 Preparation of Offers (APR 1984)
52.215-14 Explanation to Prospective Offerors (APR 1984)
52-215-15 Failure to Submit Offer (MAY 1997)
52.222-24 Preaward On-Site Equal Opportunity Compliance Review (APR 1984)
52.215-16 Contract Award (OCT 1995)
(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, cost or price and other factors, specified elsewhere in this solicitation,
considered.
(b) The Government may (1) reject any or all offers if such action is in the public interest, (2)
accept other than the lowest offer, and (3) waive informalities and minor irregularities in offers
received.
(c) The Government intends to evaluate proposals and award a contract after conducting
written or oral discussions with all responsible offerors whose proposals have been determined
to be within the competitive range. However, each initial offer should contain the offeror's
best terms from a cost or price and technical standpoint.
(d) The Government may accept any item or group of items of an offer, unless the offeror
qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers
may be submitted for quantities less than those specified. The Government reserves the right to
make an award on any item for a quantity less than the quantity offered, at the unit cost or
price offered, unless the offeror specifies otherwise in the offer.
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N68711-96-C-2288
(e) A written award or acceptance of offer mailed 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, as provided in paragraph (d) above),
whether or not there are negotiations after its receipt, unless a written notice of withdrawal is
received before award. Negotiations conducted after receipt of an offer do not constitute a
rejection or counteroffer by the Government.
(f) Neither financial data submitted with an offer, nor representations concerning facilities or
financing, will form a part of the resulting contract. However, if the resulting contract contains
a clause providing for price reduction for defective cost or pricing data, the contract price will
be subject to reduction if Cost or pricing data furnished is incomplete, inaccurate, or not
current.
(g) The Government may determine that an offer is unacceptable if the prices proposed are
materially unbalanced between line items or subline items. An offer is materially unbalanced
when it is based on prices significantly less than cost for some work and prices which are
significantly overstated in relation to cost for other work, and if there is a reasonable doubt
that the offer will result in the lowest overall cost to the Government, even though it may be
the low evaluated offer, or it is so unbalanced as to be tantamount to allowing an advance
payment.
(h) The Government may disclose the following information in post-award debriefings to other
offerors: (1) the overall evaluated cost or price and technical rating of the successful offeror;
(2) the overall ranking of all offerors, when any ranking was developed by the agency during
source selection; (3) a summary of the rationale for award; and (4) for acquisitions of
commercial end items, the make and model of the item to be delivered by the successful
offeror.
(End of Provision)
52.233-2 Service of Protest (OCT 1995)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed
directly with an agency, and copies of any protests that are filed with the General Accounting
Office (GAO) or the General Services Administration Board of Contract Appeals (GSBCA),
shall be served on the Contracting Officer (addressed as follows) by obtaining written and
dated acknowledgment of receipt from the Naval Facilitities Engineering Command, Southwest
Division, Code 0216, 1220 Pacific Highway, San Diego, CA 92123-5187.
(b) The copy of any protest shall be received in the office designated above on the same day a
protest is filed with the GSBCA or within one day of filing a protest with the GAO.
(End of Provision)
End of Section L
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N68711-96-C-2288
PART IV
SECTION M - EVALUATION FACTORS FOR AWARD
This section is not applicable
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