HomeMy WebLinkAbout2017 CONTRACT AWARD N4425518C5002_NavHosp_
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RATING PAGE OF PAGES
7. ISSUED BY
(Date)
30-Nov-2017
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA
FAR (48 CFR) 53.214(c)
CHARLES D. BENSON
122
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS SIGN OFFER (Type or print)
OF
OFFEROR * / GOV'T POC
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code)17. SIGNATURE
360-473-5296
15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
CITY OF BREMERTON
*
100 OYSTER BAY AVE N
BREMERTON WA 98312-3455
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
N4425518C5002
N44255 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if
handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and
conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1
2
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
3 - 4 J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
5
6 K REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 7 - 8
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror)
M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite
each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS(The offeror acknowledges receipt of amendments AMENDMENT NO. DATE
to the SOLICITATION for offerors and related
documents numbered and dated):
04DN7 FACILITY 04DN7
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
chuck.benson@navy.mil
X
(X)SEC. DESCRIPTION (X)SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print)27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: 360-396-0052 (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code)C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
$864,340.00 EST
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
X 10 U.S.C. 2304(c)( )1 41 U.S.C. 253(c)( )(4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE N68732DFAS CLEVELAND
ACCOUNTS PAYABLE
PO BOX 998022
CLEVELAND OH 44199-8022
PART IV - REPRESENTATIO NS AND INSTRUCTIO NS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
9 - 21
PART II - CONTRACT CLAUSES
NAVFAC NORTHWEST
1101 TAUTOG CIRCLE
SILVERDALE WA 98315-1101
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
22
6. REQUISITION/PURCHASE NO.5. DATE ISSUED4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ ]
[ ]
3. SOLICITATION NO.
See Item 7
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Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 399,740 Each $1.00 $399,740.00 EST
Potable Water at NAVHOSP Bremerton
FFP
Price for metered water at the Naval Hospital shall be based on the City's retail
water service rate for a six-inch meter (accounts 5352740 & 5352680) as indicated
in the City of Bremerton Ordinance provided as Attachment J.1 to this contract.
See Attachment J.2 for a listing of accounts and deduct meter sizes for water
charges.
FOB: Destination
NET AMT $399,740.00 (EST.)
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 464,600 Each $1.00 $464,600.00 EST
Sewer Service at NAVHOSP Bremerton
FFP
Price for sewage at Naval Hospital Bremerton, (account 5352690) shall be based
upon the City's retail wastewater service rate "Commercial 1" as shown on
Attachment J.1 for rates and J.2 for cacluations.
FOB: Destination
NET AMT $464,600.00 (EST.)
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Section C - Descriptions and Specifications
DESCRIPTION OF SERVICE
C.1 General Requirements: 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:
Naval Hospital Bremerton
Buildings 01, 17, 87, and the Satellite Pharmacy
Boone Road
Bremerton, WA
C.3 Points of Delivery (P.O.D.):
CLIN – 0001 - Water shall be supplied by the City of Brremerton to the Naval Hospital via the two
connections at Jackson Park Housing (contract N44255-18-C-5001). One P.O.D. is located near the
southwesterly corner of Jackson Park Housing at Austin Drive and Olding Road, easterly along Olding
Road approximately 400 feet. This P.O.D. is a 10” diameter supply pipe with a 10” meter. The second
P.O.D. is located near the southeasterly corner of Jackson Park Housing, approximately 100 feet beyond
Root Court and this is the 8” supply pipe and meter. The water used at the hospital is measured at the 6”
meter found under account 5352740, (See the map in Attachment J.3)
CLIN – 0002 – Account 5352690, Wastewater shall be received and metered by the City of Bremerton at
the POD. near the City’s lift station #16 at the easterly end of Dowell Road.
C.4 Estimated Service:
CLIN 0001 - WATER
Estimated annual volume: 20,000 HCF
CLIN 0002 - SEWER
Estimated annual Volume: 10,000 HCF
C.5 Service to be Rendered:
WATER: The City shall provide at its expense all necessary facilities and permits required to connect the
City of Bremerton water distribution system to the Government water system at the points of delivery
specified in this contract for the purpose of providing reliable water service to Naval Hospital Bremerton.
The City shall take all reasonable efforts to proivde a peak fire flow demand (combined from both
P.O.D.’s) of 3750 gpm at a residual pressure of approximately 75 psig at the Root Court connection and a
residual pressure of approximately 40 psig at the Olding Road connection. The city shall maintain a
minimum normal pressure range within 10% of these pressures at the respective P.O.D.s.
The water supplied will be clear, potable, and safe for human consumption. The water supplied shall be in
accordance with the applicable standards as promulgated by, and as may be revised by, Federal, state, and
local agencies having regulatory authority.
SEWER: The City shall provide at its expense all necessary facilities and permits required to receive,
carry, treat, and dispose of sewage from Naval Hospital Bremerton at the point of delivery specified in this
contract. The City shall receive, carry, treat, and dispose of sewage in a manner, and by such means, as
will not constitute a hazard to the public health. The City shall operate its sewage facilities in conformity
with applicable laws, rules, and regulations as promulgated by, and as may be revised by, Federal, state,
and local agencies having regulatory authority.
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C.6 Term of Service: This contract shall be in effect for a period of ten (10) years commmencing on
1 December 2017, (the day after the previous contract for services expires). or until terminated at the option
of the Government by giving written notice to the City of Bremerton not less that 30 days in advance of the
effective date of termination.
C.7 Rate Schedule: Water and Sewer rates charged on this contract shall be in accordance with the
City of Bremerton’s current rates and charges as shown in “Assessments, Rates, Fees, and Charges”
provided as Attachment J.1. This rate schedule may also be found at the city’s website at the following
link:
http://www.ci.bremerton.wa.us/524/Utility-Billing
Water charges at Bremerton Naval Hospital shall be based upon the retail rate for the six (6) inch meter,
Inside City Limits and using the Non-Residential Commodity Charge”. Bremerton Naval Hospital is
considered “Comercial I” for wastewater services
Attachment J.2 provides a listing of water and sewer account information and Attachment J.3 provides a
map of the Hospital site and meter locations.
End of Section C
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Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government
0002 N/A N/A N/A Government
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Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 30-NOV-2027 399,740 NAVFAC NORTHWEST
CHARLES D. BENSON
1101 TAUTOG CIRCLE
SILVERDALE WA 98315-1101
360-396-0052
FOB: Destination
N44255
0002 30-NOV-2027 464,600 (SAME AS PREVIOUS LOCATION)
FOB: Destination
N44255
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Section G - Contract Administration Data
ACCOUNT & INVOICE INFORMATION
G.1 Payments: The City shall be paid by the designated disbursing office for services furnished
under the contract at the rates 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 30 days following receipt of any disputed billing. The Government may pay the
disputed billings in full under protest, pending a negotiated resolution pursuant to an appropriate audit, if
required, and in accordance with the Disputes Clause of the contract.
G. 2 Invoices: Invoices for water and sewage service provided under CLINS 0001 and 0002
shall contain statements of the meter readings at the beginning and end of the billing period, including the
consumption during the billing period. Invoices will also clearly state the negotiated rate(s) or City rate
applied to the appropriate CLINs. The fixed and volumetric components of the appropriate rate(s) shall be
clearly identified. Navy contract number, N44255-18-C-5002, the individual city utility account and
applicable meter numbers shall also be clearly presented on the invoice. Water and sewage billing shall be
on a monthly basis.
All copies of invoices shall be submitted directly to the following address:
COMMANDING OFFICER, CODE 08
NAVAL HOSPITAL , ONE BOONE ROAD
BREMERTON, WA 98312-1898
G.3 Other Communication: All other communication regarding this contract shall be addressed as
follows:
Utility Service Provider City of Bremerton
Attn: Public Works Department
100 Oyster Bay Ave N
Bremerton, WA 98312-3455
Government: Department of Navy
Naval Facilities Engineering Command Northwest
Attention: Utilities Contracts
1101 Tautog Circle
Silverdale, WA 98315-1101
G.4 Accounting and Appropriation Data: The Certifying Official shall cite funding for
recurring services on each invoice. Nonrecurring services will normally be procured through contract
modification and shall be separately invoiced.
G.5 Base Access and Security Requirements:
5.1 Navy Installations Access - The Contractor shall ensure that all security/entrance clearances
are obtained. All Contractor employees shall obtain the required employee and vehicle passes.
Employee badges may be obtained either by visiting the Pass and ID Office daily to obtain a pass
or utilizing the Defense Biometric Identification System (DBIDS). More information on DBIDS
can be found at https://www.cnic.navy.mil/om/dbids.html . The Contractor is responsible for
filling out all forms and providing all information necessary to request passes and/or badges.
Heightened security requirements may cause unexpected delays. The Contractor is responsible for
requesting badges in a timely manner. Each employee shall wear the Government issued badge
over the front of the outer clothing. When working on site, if wearing the badge would be a safety
hazard, the individual may remove the badge but shall retain it in his/her possession to show if
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challenged. When an employee leaves the Contractor's or subcontractor's service, the employee's
pass and/or badge shall be returned to the Government. Upon completion of the work, the
Contractor shall return all identification items issued to him during the course of the contract. The
Contractor shall provide accompanied escorts for contractor and subcontractor personnel as
needed to meet installation security requirements. Contractor or subcontractor personnel who do
not possess permanent access credentials shall not be left unattended.
5.2 Camera, Video and Recording Equipment — No camera, video, or recording equipment may
be brought aboard an Activity without submission and approval of camera/video/recording
(Camcorder) equipment permit. The request must be submitted to the Activity Energy
Manager/COR via the Contracting Officer.
5.3 Radio Transmitter Restrictions — Conform to the restrictions and procedures for the use of
radio transmitting equipment, as directed. Do not use transmitters without prior approval.
G.6 Rate Changes: The City shall notify the Navy of any rate changes as far in advance as is
reasonable. Changes in rates or terms and conditions of service are subject to the provisions of FAR Clause
52.241-8, “Change in Rates or Terms and Conditions of Service for Unregulated Services (Feb 1995).
CLAUSES INCORPORATED BY FULL TEXT
252.204-0008 CONTRACT-WIDE: CONTRACTING OFFICER SPECIFIED ACRN ORDER. (SEP 2009)
The payment office shall make payment in sequential ACRN order within the contract or order, exhausting all funds
in the previous ACRN before paying from the next ACRN in the sequence order specified below:
ACRN Order
LOA will be cited at time of payment.
(End of clause)
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Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2016
52.219-8 Utilization of Small Business Concerns NOV 2016
52.222-3 Convict Labor JUN 2003
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity SEP 2016
52.222-50 Combating Trafficking in Persons MAR 2015
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.232-1 Payments APR 1984
52.232-11 Extras APR 1984
52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984
52.232-25 Prompt Payment JAN 2017
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.237-3 Continuity Of Services JAN 1991
52.241-2 Order of Precedence - Utilities FEB 1995
52.241-4 Change in Class of Service FEB 1995
52.241-5 Contractor's Facilities FEB 1995
52.241-11 Multiple Service Locations FEB 1995
52.249-1 Termination For Convenience Of The Government (Fixed
Price) (Short Form)
APR 1984
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-8 Default (Fixed-Price Supply & Service) APR 1984
52.253-1 Computer Generated Forms JAN 1991
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.204-7000 Disclosure Of Information OCT 2016
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
OCT 2015
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
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252.241-7001 Government Access DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
CLAUSES INCORPORATED BY FULL TEXT
52.222-26 EQUAL OPPORTUNITY (SEPT 2016) ALTERNATE I (FEB 1999)
Notice. The following terms of this clause are waived for this contract: NA .
(a) Definitions. As used in this clause--
Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as
remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses,
commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards,
profit sharing, and retirement.
Compensation information means the amount and type of compensation provided to employees or offered to
applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for
the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees
with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job
analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and
Contractor decisions, statements and policies related to setting or altering employee compensation.
Essential job functions means the fundamental job duties of the employment position an individual holds. A job
function may be considered essential if--
(1) The access to compensation information is necessary in order to perform that function or another routinely
assigned business task; or
(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel
records, including compensation information.
Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance
Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance
Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American
Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
(b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor
has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of
$10,000, the Contractor shall comply with this clause, except for work performed outside the United States by
employees who were not recruited within the United States. Upon request, the Contractor shall provide information
necessary to determine the applicability of this clause.
(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of
this clause do not apply with respect to the employment of individuals of a particular religion to perform work
connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).
(c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this
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clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an
Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by
41 CFR 60-1.5.
(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer,
(v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of
compensation, and (viii) selection for training, including apprenticeship.
(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the
notices to be provided by the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, sexual orientation, gender identity, or national origin.
(5)(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This prohibition against discrimination does
not apply to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other employees
or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to
furnish information.
(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using
language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees
and applicants by—
(A) Incorporation into existing employee manuals or handbooks; and
(B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and
applicants for employment.
(6) The Contractor shall send, to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer
advising the labor union or workers' representative of the Contractor's commitments under this clause, and post
copies of the notice in conspicuous places available to employees and applicants for employment.
(7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of
the Secretary of Labor.
(8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as
amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard
Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within
the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply
to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal
Employment Opportunity Commission for the necessary forms.
(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or
the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The
Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized
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records), and other material that may be relevant to the matter under investigation and pertinent to compliance with
Executive Order 11246, as amended, and rules and regulations that implement the Executive Order.
(10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or
order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for further Government contracts, under the procedures authorized in
Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the
Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary
of Labor; or as otherwise provided by law.
(11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that
is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as
amended, so that these terms and conditions will be binding upon each subcontractor or vendor.
(12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of
OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance;
provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the
interests of the United States.
(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the
procedures in 41 CFR part 60-1.
(End of clause)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) ALTERNATE I (JUL 2014)
Notice: The following term(s) of this clause are waived for this contract: -------------------NA
(a) Definitions. As used in this clause--
``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,''
``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR
22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41
CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans,
and requires affirmative action by the Contractor to employ and advance in employment qualified protected
veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $100,000 or more unless
exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the
Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for
noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the
parties and their undertakings.
(End of clause)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
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SUBCONTRACTORS (DEC 2013)
(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to
its small business subcontractors under this contract, to the maximum extent practicable and prior to when such
payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all
other required documentation from the small business subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business
concerns, including subcontracts with small business concerns for the acquisition of commercial items.
(End of clause)
52.233-1 DISPUTES. (MAY 2014) -- ALTERNATE I (DEC 1991)
(a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.
(b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this contract shall be
resolved under this clause.
(c) Claim, as used in this clause, means a written demand or written assertion by one of the contracting parties
seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract
terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the
Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71 until
certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a
claim under 41 U.S.C. chapter 71. The submission may be converted to a claim under 41 U.S.C. chapter 71, by
complying with the submission and certification requirements of this clause, if it is disputed either as to liability or
amount or is not acted upon in a reasonable time.
(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted
within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the
Government against the Contractor shall be subject to a written decision by the Contracting Officer.
(2) (i) Contractors shall provide the certification specified in subparagraph (d)(2)(iii) of this clause when submitting
any claimexceeding $100,000.
(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part
of a claim.
(iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data
are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the
contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify
the claim on behalf of the Contractor.
(3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim.
(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the
Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the
Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision
will be made.
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(f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in 41
U.S.C. chapter 71.
(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented
to the Contractor, the parties, by mutual consent, may agree to use ADR. If the Contractor refuses an offer for
alternative disputes resolution, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's
specific reasons for rejecting the request. When using arbitration conducted pursuant to 5 U.S.C. 575-580, or when
using any other ADR technique that the agency elects to handle in accordance with the ADRA, any claim,
regardless of amount, shall be accompanied by the certification described in subparagraph (d)(2)(iii) of this clause,
and executed in accordance with subparagraph (d)(3) of this clause.
(h) The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Officer
receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later,
until the date of payment. With regard to claims having defective certifications, as defined in (FAR) 48 CFR
33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest
on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable
to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-
month period as fixed by the Treasury Secretary during the pendency of the claim.
(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request
for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the
Contracting Officer.
(End of clause)
52.241-3 SCOPE AND DURATION OF CONTRACT (FEB 1995)
(a) For the period of 10 years commencing on 30 November 2017 and ending 29 November 2027 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 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 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)
52.241-6 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, installed, maintained, repaired, calibrated, 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
N4425518C5002
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furnished, the parties shall agree upon the length of time of meter malfunction and the quantity of service 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. All billings based on meter readings of less than 28
days shall be prorated accordingly.
(b) Meter test. (1) The Contractor, at its expense, shall periodically inspect and test Contractor-installed meters at
intervals not exceeding 5 year(s) 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 to be not 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.
(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 or
other facilities. If any such failure, suspension, diminution, or other variation of service shall aggregate more than 24
hour(s) during any billing period hereunder, an equitable adjustment shall be made in the monthly billing specified
in this contract (including the minimum monthly charge).
(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) After one year , either party may request a change in rates or terms and conditions of service, unless otherwise
provided in this contract. Both parties agree to enter in negotiations concerning such changes upon receipt of a
written request detailing the proposed changes and specifying the reasons for the proposed changes.
(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 so negotiated 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 as a result of such negotiations shall be made a part of this contract by
N4425518C5002
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the issuance of a contract modification.
(End of clause)
52.243-1 CHANGES--FIXED-PRICE (AUG 1987) - ALTERNATE I (APR 1984)
(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make
changes within the general scope of this contract in any one or more of the following:
(1) Description of services to be performed.
(2) Time of performance (i.e., hours of the day, days of the week, etc.).
(3) Place of performance of the services.
(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part
of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable
adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.
(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of
the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may
receive and act upon a proposal submitted before final payment of the contract.
(d) If the Contractor’s proposal includes the cost of property made obsolete or excess by the change, the Contracting
Officer shall have the right to prescribe the manner of the disposition of the property.
(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the Contractor from proceeding with the contract as changed.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
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. Also, the full text of a clause may
be accessed electronically at this/these address(es):
https://www.acquisition.gov/?q=browsefar
(End of clause)
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (OCT 2016)
(a) Definitions. As used in this clause--
Adequate security means protective measures that are commensurate with the consequences and probability of loss,
misuse, or unauthorized access to, or modification of information.
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Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a
system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object,
or the copying of information to unauthorized media may have occurred.
Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly
or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description,
facility locations), personally identifiable information, as well as trade secrets, commercial or financial information,
or other commercially sensitive information that is not customarily shared outside of the
company.
Controlled technical information means technical information with military or space application that is subject to
controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.
Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F
using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical
Documents. The term does not include information that is lawfully publicly available without restrictions.
Covered contractor information system means an unclassified information system that is owned, or operated by or
for, a contractor and that processes, stores, or transmits covered defense information.
Covered defense information means unclassified controlled technical information or other information, as described
in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-
list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and
Governmentwide policies, and is--
(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or
on behalf of DoD in support of the performance of the contract; or
(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the
performance of the contract.
Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or
potentially adverse effect on an information system and/or the information residing therein.
Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative
purposes in a manner that maintains the integrity of the data.
Information system means a discrete set of information resources organized for the collection, processing,
maintenance, use, sharing, dissemination, or disposition of information.
Malicious software means computer software or firmware intended to perform an unauthorized process that will
have adverse impact on the confidentiality, integrity, or availability of an information system. This definition
includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and
some forms of adware.
Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks,
magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is
recorded, stored, or printed within a covered contractor information system.
Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift,
intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or
sustainment of the Armed Forces in a contingency operation.
Rapidly report means within 72 hours of discovery of any cyber incident.
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Technical information means technical data or computer software, as those terms are defined in the clause at
DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items, regardless of whether or not the clause is
incorporated in this solicitation or contract. Examples of technical information include research and engineering
data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports,
technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer
software executable code and source code.
(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems.
To provide adequate security, the Contractor shall implement, at a minimum, the following information security
protections:
(1) For covered contractor information systems that are part of an information technology (IT) service or system
operated on behalf of the Government, the following security requirements apply:
(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010,
Cloud Computing Services, of this contract.
(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security
requirements specified elsewhere in this contract.
(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the
Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the
following security requirements apply:
(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be
subject to the security requirements in National Institute of Standards and Technology (NIST)
Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information
Systems and Organizations'' (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the
time the solicitation is issued or as authorized by the Contracting Officer.
(ii)(A) The Contractor shall implement NIST SP 800-171, as soon aspractical, but not later than December 31, 2017.
For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer
(CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements
specified by NIST SP 800-171 not implemented at the time of contract award.
(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for
consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an
authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective,
security measure that may be implemented in its place.
(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not
applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to
the Contracting Officer when requesting its recognition under this contract.
(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered
defense information in performance of this contract, the Contractor shall require and ensure that the cloud service
provider meets security requirements equivalent to those established by the Government for the Federal Risk
and Authorization Management Program (FedRAMP) Moderate baseline
(https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in
paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and
protection, access to additional information and equipment necessary for forensic analysis, and cyber incident
damage assessment.
(3) Apply other information systems security measures when the Contractor reasonably determines that information
systems security measures, in addition to those identified in paragraphs (b)(1) and (2)
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of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special
circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed
risk or vulnerability. These measures may be addressed in a system security plan.
(c) Cyber incident reporting requirement.
(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the
covered defense information residing therein, or that affects the contractor's ability to perform the requirements of
the contract that are designated as operationally critical support and identified in the contract, the Contractor shall--
(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to,
identifying compromised computers, servers, specific data, and user accounts. This review shall also include
analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information
systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify
compromised covered defense information, or that affect the Contractor's ability to provide operationally critical
support; and
(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.
(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall
include, at a minimum, the required elements at http://dibnet.dod.mil.
(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the
Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber
incidents. For information on obtaining a DoD-approved medium assurance certificate, see
http://iase.disa.mil/pki/eca/Pages/index.aspx.
(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in
connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center
(DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious
software to the Contracting Officer.
(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor
shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this
clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident
report to allow DoD to request the media or decline interest.
(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the
Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a
forensic analysis.
(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting
Officer will request that the Contractor provide all of the damage assessment information gathered in accordance
with paragraph (e) of this clause.
(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect
against the unauthorized use or release of information obtained from the contractor (or derived from information
obtained from the contractor) under this clause that includes contractor attributional/proprietary information,
including such information submitted in accordance with paragraph (c). To the maximum extent
practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized
release of such information, the Government will implement appropriate procedures to minimize the contractor
attributional/proprietary information that is included in such authorized release, seeking to include only that
information that is necessary for the authorized purpose(s) for which the information is being released.
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(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is
obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not
created by or for DoD is authorized to be released outside of DoD--
(1) To entities with missions that may be affected by such information;
(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
(3) To Government entities that conduct counterintelligence or law enforcement investigations;
(4) For national security purposes, including cyber situational awareness and defense purposes (including with
Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or
(5) To a support services contractor (``recipient'') that is directly supporting Government activities under a contract
that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported
Cyber Incident Information.
(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is
obtained from the contractor (or derived from information obtained from the contractor) under this clause that is
created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to
be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for
any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based
restrictions on the Government's use and release of such information.
(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on
the interception, monitoring, access, use, and disclosure of electronic communications and data.
(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this
clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting
pertaining to its unclassified information systems as required by other applicable
clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.
(m) Subcontracts. The Contractor shall--
(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for
operationally critical support, or for which subcontract performance will involve covered defense information,
including subcontracts for commercial items, without alteration, except to identify the parties. The
Contractor shall determine if the information required for subcontractor performance retains its identity as covered
defense information and will require protection under this clause, and, if necessary, consult with the Contracting
Officer; and
(2) Require subcontractors to--
(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST
SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this
clause; and
(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier
subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this
clause.
(End of clause)
N4425518C5002
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252.225-7048 EXPORT-CONTROLLED ITEMS (JUNE 2013)
(a) Definition. ``Export-controlled items,'' as used in this clause, means items subject to the Export Administration
Regulations (EAR) (15 CFR Parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR Parts
120-130). The term includes--
(1) ``Defense items,'' defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense
services, and related technical data, and further defined in the ITAR, 22 CFR Part 120; and
(2) ``Items,'' defined in the EAR as ``commodities'', ``software'', and ``technology,'' terms that are also defined in the
EAR, 15 CFR 772.1.
(b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items,
including, but not limited to, the requirement for contractors to register with the Department of State in accordance
with the ITAR. The Contractor shall consult with the Department of State regarding any questions relating to
compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to
compliance with the EAR.
(c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled
items exists independent of, and is not established or limited by, the information provided by this clause.
(d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable
Federal laws, Executive orders, and regulations, including but not limited to—
(1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.);
(2) The Arms Export Control Act (22 U.S.C. 2751, et seq.);
(3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.);
(4) The Export Administration Regulations (15 CFR Parts 730-774);
(5) The International Traffic in Arms Regulations (22 CFR Parts 120-130); and
(6) Executive Order 13222, as extended.
(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts.
(End of clause)
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Section J - List of Documents, Exhibits and Other Attachments
CONTRACT ATTACHMENTS
The following documents are appended to the contract and do not increase or alter the page count shown throughout
the rest of contract document.
Attachment J.1 City of Bremerton “Assessments, Rates, Fees, and Charges Effective July 1, 2017”
Attachment J.2 Accounts and Adjustments for Naval Hospital Bremerton
Attachment J.3 Naval Hospital Bremerton Base map with meter locations
1 of 7 Ordinance No. 5324
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE July 1, 2017
2017 2018
Inside/Outside
City Limits
Inside/Outside
City Limits
GENERAL FACILITY CHARGES*
Water based on meter size average normal flow
5/8” x 3/4” Residential and Commercial $4,448.58 $5,880.00
1” Residential $4,448.58 $5,880.00
1” Commercial $6,094.59 $8,056.00
1 1/2” Commercial $35,587.67 $47,040.00
2” Commercial $35,587.67 $47,040.00
3” Commercial $88,969.18 $117,600.00
4” Commercial $177,938.37 $235,200.00
Greater than 4” Case by Case basis Case by Case basis
Wastewater based on meter size average normal
flow
5/8” x 3/4” Residential and Commercial $5,714.91 $6,863.00
1” Residential $5,714.91 $6,863.00
1” Commercial $7,086.43 $8,510.00
1 1/2” Commercial $40,004.40 $48,041.00
2” Commercial $40,004.40 $48,041.00
3” Commercial $102,868.46 $123,534.00
4” Commercial $205,736.92 $247,068.00
Greater than 4” Case by Case basis Case by Case basis
Stormwater (per IHSU) $2,443.00 $3,157.00
The Seattle Construction Index (SCI) set forth in BMC 15.06.020 shall not be applied to the January 1,
2017, and January 1, 2018, general facility charges unless approved by City Council.
2017 2017
Inside City Limits Outside City Limits
CONNECTION FEES
Water Connection Fees
5/8" x 3/4" $2,710.00 $4,065.00
1"$2,922.00 $4,383.00
1 1/2" $6,190.00 $9,285.00
2"$7,003.00 $10,505.00
3" - 4" x 4" - Service to property line $13,038.00 $19,557.00
3" - 4" x 6" - Service to property line $13,216.00 $19,824.00
3" - 4" x 8" - Service to property line $13,536.00 $20,305.00
3" - 4" x 10" - Service to property line $15,225.00 $22,838.00
3" - 4" x 12" - Service to property line $13,279.00 $19,919.00
4" - 4" x 4" - Service to property line $14,412.00 $21,619.00
4" - 4" x 6" - Service to property line $14,591.00 $21,886.00
4" - 4" x 8" - Service to property line $14,912.00 $22,367.00
4" - 4" x 10" - Service to property line $16,599.00 $24,899.00
4" - 4" x 12" - Service to property line $16,605.00 $24,906.00
6" - 6" x 6" - Service to property line $17,476.00 $26,214.00
6" - 6" x 8" - Service to property line $17,797.00 $26,695.00
6" - 6" x 10" - Service to property line $19,485.00 $29,227.00
6" - 6" x 12" - Service to property line $19,485.00 $29,227.00
8" - 8" x 8" - Service to property line $23,150.00 $34,725.00
N44255-18-C-5002
Attachment J.1
2 of 7 Ordinance No. 5324
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE July 1, 2017
2017 2017
Inside City Limits Outside City Limits
8" - 8" x 10" - Service to property line $24,909.00 $37,363.00
8" - 8" x 12" - Service to property line $24,909.00 $37,363.00
10" - 10" x 10" - Service to property line $28,312.00 $42,468.00
10" - 10" x 12" - Service to property line $28,811.00 $43,216.00
Greater than 12" Actual Time & Materials Actual Time & Materials
Wet Tapping (Water Main Only)*
4" x 4" - excluding excavation & backfill $3,075.00 $4,613.00
4" x 6" - excluding excavation & backfill $3,253.00 $4,879.00
4" x 8" - excluding excavation & backfill $3,574.00 $5,360.00
4" x 10" - excluding excavation & backfill $5,262.00 $7,893.00
4" x 12" - excluding excavation & backfill $5,267.00 $7,900.00
6" x 6" - excluding excavation & backfill $3,485.00 $5,226.00
6" x 8" - excluding excavation & backfill $3,805.00 $5,707.00
6" x 10" - excluding excavation & backfill $5,494.00 $8,240.00
6" x 12" - excluding excavation & backfill $5,494.00 $8,240.00
8" x 8" - excluding excavation & backfill $4,451.00 $6,675.00
8" x 10" - excluding excavation & backfill $6,211.00 $9,316.00
8" x 12" - excluding excavation & backfill $6,330.00 $9,495.00
10" x 10" - excluding excavation & backfill $7,077.00 $10,614.00
10" x 12" - excluding excavation & backfill $7,547.00 $11,321.00
12" x 12" - excluding excavation & backfill $7,457.00 $11,186.00
2" - service to property line $3,783.00 $5,674.00
4" x 4" - service to property line $8,992.00 $13,487.00
4" x 6" - service to property line $9,171.00 $13,756.00
4" x 8" - service to property line $9,491.00 $14,237.00
4" x 10" - service to property line $11,179.00 $16,768.00
4" x 12" - service to property line $11,184.00 $16,776.00
6" x 6" - service to property line $9,061.00 $13,592.00
6" x 8" - service to property line $9,382.00 $14,072.00
6" x 10" - service to property line $11,071.00 $16,606.00
6" x 12" - service to property line $11,071.00 $16,606.00
8" x 8" - service to property line $10,388.00 $15,581.00
8" x 10" - service to property line $12,148.00 $18,222.00
8" x 12" - service to property line $12,147.00 $18,220.00
10" x 10" - service to property line $13,672.00 $20,508.00
10" x 12" - service to property line $14,170.00 $21,255.00
12" x 12" - service to property line $15,077.00 $22,615.00
Fire Hydrant Installation*
6" x 8" and smaller - service to property line $11,731.00 $17,597.00
6"x 10" - service to property line $13,420.00 $20,130.00
6"x 12" service to property line $13,420.00 $20,130.00
PLAN CHECK/INSPECTION FEES
Engineering Services**
Plan Check Fees
Main Extensions: per foot $0.30 $0.44
BUT not less than $249.00 $374.00
(Includes hydrants and appurtenances
and connection to water system)
3 of 7 Ordinance No. 5324
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE July 1, 2017
2017 2017
Inside City Limits Outside City Limits
Pump Stations $626.00 $939.00
Fireline Extension $100.00 $150.00
Irrigation Systems $100.00 $150.00
Miscellaneous (per hour) $83.00 $124.00
Storm Drainage Plan Review Fees ***
Preliminary Drainage Plans
Residential Development $387.00 N/A
Non-Residential Development $268.00 N/A
Plus per IHSU $11.65 N/A
Final Detailed Drainage Plans
Residential Development (per lot)
0 - 20 Lots $41.93 N/A
21 - 50 Lots $30.29 N/A
51 - 100 Lots $26.80 N/A
100+ Lots $23.30 N/A
Minimum Charge $297.00 N/A
Non-Residential Development
per IHSU $23.30 N/A
Minimum Charge $356.00 N/A
Resubmittal Fees
First Resubmittal No Charge N/A
Subsequent Resubmittal $297.00 N/A
Field Inspection Fees
Water main extensions (per foot) $1.32 $1.98
but not less than: $487.00 $731.00
Pump Station $642.00 $963.00
Miscellaneous (per hour) $83.00 $124.00
Wastewater Connection Fees
Lateral Connection at P/L $83.00 $124.00
Lateral Connection at Main $314.00 $472.00
Conveyance Facility Ext. (Per Foot) $1.74 $2.60
but not less than: $379.00 $568.00
Pump Station $630.00 $945.00
Miscellaneous (per hour) $83.00 $124.00
Storm Drainage Inspection Fees ***
Residential Development (per lot) $17.48 N/A
Non-Residential Development (per IHSU) $17.48 N/A
Minimum Charge $179.00 N/A
Conveyance Facility Extensions (per foot) $0.93 N/A
Minimum Charge $356.00 N/A
Unscheduled Inspections**** (per site visit) $83.00 N/A
MISCELLANEOUS FEES AND CHARGES
Office Services
New Account (includes water turn-on) $20.00 $20.00
Account Maintenance $5.00 $5.00
Past Due Notice $3.00 $3.00
Lien Recovery Charge $102.00 $102.00
Close Account/Meter Read/Water Service Turn- off $20.00 $20.00
4 of 7 Ordinance No. 5324
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE July 1, 2017
2017 2017
Inside City Limits Outside City Limits
Utility/Lien Search Fee (Manual) per parcel $31.00 $31.00
Park Reservation Fee (non-refundable) $102.00 $102.00
Field Services
Pavement Restoration Charge
(refundable, if assessed and not required)
Asphalt Patch $709.00 $1,063.00
Concrete Patch $1,274.00 $1,911.00
Asphalt Trench $1,615.00 $2,423.00
Concrete Trench $1,632.00 $2,447.00
County Road Permit N/A Cost
Water Meter Installation
3/4" & 1" $148.00 $148.00
1-1/2" & 2" $229.00 $229.00
3" and greater Actual Time & Materials Actual Time & Materials
Water Meter Reactivation- Snowbirds $51.00 $51.00
Water Meter Tampering
Tampering Fee $255.00 $255.00
Tampering Repair Actual Time & Materials Actual Time & Materials
Fire Service - Detector, Meter & MXU $470.00 $470.00
Storz Adapter $242.00 $242.00
Water Service Turn-off/Turn-on
(Customer Request)
Regular Hours $41.00 $41.00
After Hours $186.00 $186.00
Delinquency Notice $20.00 $20.00
Water Service Turn-off/Turn-on
(Delinquent Accounts)
Regular Hours $61.00 $61.00
After Hours $186.00 $186.00
Flow and Pressure Test (Uncertified)
3/4" & 1" meters only $83.00 $83.00
1-1/2" & 2" meters only $151.00 $151.00
Larger than 2" Actual Time & Materials Actual Time & Materials
Meter Test Fee (based on meter size)
3/4" & 1" $186.00 $186.00
1-1/2" & 2" 253.00 $253.00
3" or greater Actual Time & Materials Actual Time & Materials
Utility Plant Locates
Regular Hours No Charge No Charge
After Hours $186.00 $186.00
Emergency No Charge No Charge
Utility Compliance Specialist
Inspection $83.00 $83.00
Administration Fee $35.00 $35.00
Utility Labor Rate Hourly (Equipment not included) $67.00 $67.00
5 of 7 Ordinance No. 5324
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE July 1, 2017
2017 2017
Inside City Limits Outside City Limits
RETAIL WATER SERVICE RATES
General Service - Monthly Service Charge
Meter Size
5/8 x 3/4 inches $12.84 $19.26
1 inch $14.68 $22.03
1 1/2 inch $20.87 $31.31
2 inch $28.04 $42.06
3 inch $53.20 $79.80
4 inch $98.86 $148.29
6 inch $351.51 $527.27
8 inch $1,284.01 $1,926.02
10 inch $4,579.50 $6,869.23
12 inch $17,215.80 $25,823.70
Residential Commodity Charge (per HCF)
Per HCF/Month $2.22 $3.33
Non - Residential Commodity Charge (per HCF) $2.00 $3.00
Fire Protection - Monthly Service Charge
Service Size
1 inch $26.65 $39.97
1 1/2 inch $40.11 $60.17
2 inch $52.15 $78.23
3 inch $57.46 $86.21
4 inch $62.64 $93.95
6 inch $78.18 $117.27
8 inch $104.09 $156.13
10 inch $145.66 $218.49
12 inch $208.09 $312.13
Commodity Charge (per HCF) $4.02 $6.02
- For Usage Other Than Firefighting
Low-Income Senior and Low-Income Disabled Citizen
- Monthly Service Charge
Base Charge (per account) 5/8" x 3/4" $12.84 $19.26
Base Charge (per account) 1" $14.68 $22.03
Commodity Charge
0 - 5 HCF/Month No Charge No Charge
Over 5 HCF/Month $2.22 $3.33
Temporary/Construction Meter
1" Meter
Deposit $300.00 $300.00
Base Fee (per month) $14.68 $22.03
Set Up Fee & Removal Fee $296.00 296.00
Hydrant meter (3" Meter)
Deposit $2,000.00 $2,000.00
Base Fee (per month) $53.20 $79.80
Set Up Fee $296.00 $296.00
Equipment Loss/Damage Actual Time & MaterialsActual Time & Materials
Commodity Charge (per HCF) $2.00 $3.00
City Parks and Recreation Dept. - Irrigation
Commodity Charge (per HCF) $1.00 N/A
6 of 7 Ordinance No. 5324
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE July 1, 2017
2017 2017
Inside City Limits Outside City Limits
Gold Mountain Golf Course Complex - Irrigation
Commodity Charge (per HCF) $1.36 N/A
RETAIL WASTEWATER SERVICE RATES
Monthly Service Charge
Single Family
Base Charge (per account) $34.24 $51.36
Commodity Charge (per HCF) $4.59 $6.89
Duplex on 1 Meter or 2 Bldgs. on 1 Meter
Base Charge (per unit) $27.12 $40.68
Commodity Charge (per HCF) $4.59 $6.89
Multi - Family
Base Charge (per unit) $27.12 $40.68
Commodity Charge (per HCF) $4.59 $6.89
Low-Income Senior and Low-Income Disabled
Citizen
Base Charge (per account) $21.24 $32.26
Commodity Charge (per HCF)
0 - 5 HCF/Month No Charge No Charge
Over 5 HCF/Month $4.59 $6.89
Commercial I
Base Charge (per account) $50.61 $75.93
Commodity Charge (per HCF) $4.73 $7.10
Commercial II
Base Charge (per account) $50.99 $76.48
Commodity Charge (per HCF) $6.06 $9.09
Commercial III
Base Charge (per account) $51.49 77.24
Commodity Charge (per HCF) $7.40 $11.10
Commercial IV
Base Charge (per account) $51.99 $77.99
Commodity Charge (per HCF) $8.74 $13.11
Commercial V
Base Charge (per account) $57.19 $85.80
Commodity Charge (per HCF) $10.93 $16.40
Commercial VI
Base Charge (per account) $62.91 $94.37
Commodity Charge (per HCF) $13.66 $20.49
Commercial VII
Base Charge (per account) $69.20 $103.80
Commodity Charge (per HCF) $15.95 $23.93
Commercial Special
Base Charge (per account) $76.12 $114.18
Commodity Charge (per HCF) $21.35 $32.00
Beverage Production
Base Charge (per account) $51.49 $77.24
Commodity Charge (per HCF) $4.81 $7.21
Commercial Fountains - Separately Metered
Base Charge (per account) $50.61 $75.93
Commodity Charge (per HCF) $1.56 $2.34
7 of 7 Ordinance No. 5324
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE July 1, 2017
2017 2017
Inside City Limits Outside City Limits
Septage Disposal (per gallon of tank capacity) $0.26 $0.38
Leachate Per Gallon of Tank Capacity
Individual Residential Grinder Pumps
Grinder Pump Surcharge $11.03 $16.55
Low-Income Senior and Low-Income Disabled
Grinder Pump Surcharge $8.28 $12.42
RETAIL STORMWATER RATES
Monthly Service Charge
Residential I (Single Family/Duplex)
Base Charge (per account) $13.73 N/A
Exception: Duplex
with 2 Meters (per account) $6.90 N/A
Residential II - SW Impact Fee (per IHSU)
50% of the Res I Base Charge $6.87 N/A
Residential III - SW Impact Fee (per IHSU)
100% of the Res I Base Charge $13.73 N/A
Commercial I
Base Charge (per IHSU) $13.73 N/A
Commercial II - SW Impact Fee (per IHSU)
50% of the Comm I Base Charge $6.87 N/A
Commercial III - SW Impact Fee (per IHSU)
100% of the Comm I Base Charge $13.73 N/A
Public School Districts (per account) $13.73 N/A
Low-Income Senior and Low-Income Disabled Citizen
Base Charge (per account) $8.36 N/A
Multi - Family & Commercial Rate Adjustment
Water Quality (per IHSU) $1.52 N/A
Water Quantity (per IHSU) $4.59 N/A
Stormwater Penalty
New Multi - Family & Commercial
development without on-site detention
Charge (per IHSU) $3.04 N/A
* Pavement Restoration Charge May Also Be Assessed.
** Fees include original review and one resubmittal review.
Additional reviews will be charged at miscellaneous hourly rate (above).
*** Does not apply to single family residence or duplex construction on an existing established lot.
**** (Unscheduled inspections shall be tracked through the course of a project and billed after the final site
inspection. Fees for unscheduled inspections shall be paid prior to final occupancy approval.)
N/A when noted means “not applicable.”
R:\Legal\Legal\Ordinances\Public Works & Utilities\2017 Utilty Rates - REDLINED 05.12.2017.docx
GENERAL FACILITY CHARGES
2016 2017 2018
5/8" x 3/4" 3,016.92$ 4,448.58$ 5,880.00$
1" 3,016.92$ 4,448.58$ 5,880.00$
1" Commercial 4,133.18$ 6,094.59$ 8,056.00$
1 1/2" Commercial 24,135.35$ 35,587.67$ 47,040.00$
2" Commercial 24,135.35$ 35,587.67$ 47,040.00$
3" Commercial 60,338.37$ 88,969.18$ 117,600.00$
4" Commercial 120,676.74$ 177,938.37$ 235,200.00$
Greater than 4"Case by Case basis
5/8" x 3/4" 4,566.83$ 5,714.91$ 6,863.00$
1" 4,566.83$ 5,714.91$ 6,863.00$
1" Commercial 5,662.87$ 7,086.43$ 8,510.00$
1 1/2" Commercial 31,967.80$ 40,004.40$ 48,041.00$
2" Commercial 31,967.80$ 40,004.40$ 48,041.00$
3" Commercial 82,202.92$ 102,868.46$ 123,534.00$
4" Commercial 164,405.83$ 205,736.92$ 247,068.00$
Greater than 4"Case by Case basis Case by Case basis Case by Case basis
Stormwater (per IHSU)1,731.00$ 2,443.00$ 3,157.00$
The GFCs shall be effective January 1, 2016, January 1, 2017, and January 1, 2018 as noted, except that:
Case by Case basis
Wastewater based on meter size average normal flow
1) Projects with a complete building permit application or site development permit application which includes utility services filed with the
City on or before December 31, 2015, or projects with land use approval granted by the City on or before December 31, 2015, shall be
vested to the GFCs in effect on the date of filing the completed application or the date approval is granted if that amount is lower than the
current rate.
2) The Seattle Construction Index (SCI) set forth in BMC 15.06.020 shall not be applied to the January 1, 2016, January 1, 2017 and
January 1, 2018 charges unless otherwise approved by City Council.
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE January 1, 2016, January 1, 2017 and January 1, 2018
Inside and Outside City Limits
Water based on meter size average normal flow
N44255-18-C-5002 Attachment J.2 CITY OF BREMERTON NAVY UTILITY CONTRACTS Accounts and Adjustments for Naval Hospital Bremerton Sewer Service BUILDING ACCOUNT METER # METER SIZE/SERVICE Type Volume Water: B-01 Hospital - Primary 5352740 73251294 6” Domestic C1 Water Meter B-01 Hospital – Back-up 5352680 73251293 6” Domestic C1 Water Meter B-01 Hospital 5352700 68667273 1” Cooling Water None* B-01 Hospital 5352720 80206322 1” Boiler Make-up None* B-17 Clinic 5352890 74263032 4” Domestic/Sewer C1 Water Meter B-87 Optics Lab 5352480 63693040 1” Domestic/Sewer C1 Water Meter JP-01 Satellite Pharmacy 5352370 63220696 1” Domestic/Sewer C1 Water Meter Sewer: B-01 Hospital 5352690 00000079 Calculated from (4) water meters** Notes *These accounts are not billed to the Hospital and are included in the Jackson Park Housing meter reading (Contract N44255-18-C-5001) ** The sewer account is calculated by adding the meter readings from the Primary and Back-up domestic water accounts at subtracting the Cooling and Boiler Make-up usage for Building 01 - Hospital.
N44255-18-C-5002Attachment J.3