NCD980602163_20000413_Warren County PCB Landfill_SERB C_Ft. Bragg Material in PCB Landfill, 1982 - 2000-OCR

Landfill Costs
1 of 1
Subject: Landfill Costs
Date: Thu, 13 Apr 2000 09:23: 10 -0400
From: Pat Backus <[e-mail]>
To: MIKE KELLY <[e-mail]>, [e-mail]
Bill Meyer followed up on our conversation and directed me to Kathy
Cooper of the AG office. This is the information she gave me.
The original amount paid for the landfill was $2 ,952,177. Of that,
84.9% was paid by the federal government ($2,506,398) and 15.1% was paid
by the State of North Carolina ($445,779). Of the federal share, 13.7%
was paid by the Department of Defense ($343,377).
However, $3,500,000 was eventually collected from Ward and his estate.
This was to cover the cost of the landfill plus interest. The final
money received was in October of last year. Of that amount, 84.9% went
to the federal government ($2,971,500) and 15.1% went to the state
($528,500). Technically 13.7% of the federal share ($407,095) should
have gone back to the Department of Defense but she has no way of
knowing whether that happened.
,y-,,,.,,,,. ________________________ ___,
[',:·_!. Pat Backus <pat.backus(alncmail.net>
. Environmental Engineer
1 Division of Waste Management/ PCB Landfill Detoxification Project
j North Carolina Dept of Environment and Natural Resources
t
04/13/2000 9:26 AM
I.
Patricia M. Backus, PE
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Phone: [phone] ext. 308
Fax: [phone]
Email: [e-mail] NCDENR
Fax
To: Tim Fields From: Pat Backus
Fax: [phone] Pages: 3
Phone: [phone] Date: 05/16/00
Re: Warren County PCB Landfill CC:
□ Urgent 0 For Review □ Please Comment □ Please Reply □ Please Recycle
• Comments:
Here is the letter we received from the Army concerning their participation in the detoxification of the
Warren County PCB Landfill. If there are any further questions, please do not hesitate to call.
t • • t
Mr. Michael A. Kelly
Deputy Director
DEPARTMENT OF THE ARMY
OFFICE OF THE ASSISTANT SECRETARY
INSTALLATIONS LOGISTICS AND ENVIRONMENT
110 ARMY PENTAGON
WASHINGTON DC 20310-0110
MAR 311999
Division of Waste Management
Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
Dear Mr. Kelly:
It was a pleasure to meet with you on February 25, 1999, to discuss the
details of the situation at the Warren County Landfill. I appreciate the additional
material you subsequently sent to this office.
It is my understanding that the landfill is operating as designed and that no
hazardous material is being released into the environment. Your letter to the
United States Environmental Protection Agency (EPA) dated March 2, 1999,
states that the leachate collection system is operating properly, and that the
State has come into compliance with the issues originally raised by the EPA.
The Army has examined various ways to financially participate in the
Warren County landfill detoxification project. However, we are not able to do so
at this time. The current situation at the landfill does not amount to a release, or
a substantial threat of a release, of a hazardous substance into the environment.
This is a fundamental criteria for the Army's response action authority under the
Comprehensive Environmental Response Compensation and Liability Act
(CERCLA). Because we would not be liable as a responsible party under
CERCLA, we do not have authority to seek payment from the United States
Treasury's Judgment Fund. We also are not presented with a situation in which
the United States would be liable for such a release under our Active Sites or
Formerly Used Defense Sites environmental restoration programs. Although the
detoxification project you are planning is laudable, it does not appear that we will
be able to contribute to its expense.
Printed on @ Recycled Paper
-2-
Thank you again for the opportunity to learn about this situation. We hope
to continue cooperating with you on all matters involving environmental
restoration.
cf:
James McCleskey
Sincerely,
~~
Deputy Assistant Secretary of the Army
(Environment, Safety and Occupational Health)
OASA(l&E)
['
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JAMES 8. HUNT JR.
GoVERNOR
>SECRETARY ,f~(J~i ;
>,
> ,.
;
j
> ..
Raymond J. F atz
Deputy Assistant Secretary
for Environment, Safety &
Occupational Health
U.S. Department of the Army
110 Army Pentagon
Washington, DC 20310-0110
Dear Mr. Fatz:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 14, 1998
In 1982, the state of North Carolina entered into agreements with the
Department of Defense to accept PCB contaminated soil from Fort Bragg for
disposal in the Warren County PCB Landfill. The state constructed the landfill
to dispose of other PCB waste. The amount of the Fort Bragg PCB waste in
7,211 truckloads constituted about 10 percent of the total amount of PCB waste
landfilled. The Army paid the state its share for landfill construction and
maintenance costs, which according to records received from Fort Bragg was
about $200,000.
Various state funded studies as well as examination by the U.S. EPA
Region 4 have confirmed that the Warren County PCB Landfill is deteriorating
and that some federal regulatory requirements are not being met. Our intention
is to permanently and safely use detoxification treatment technology invented by
EPA, called Base Catalyzed Decomposition, to eliminate the PCBs, Dioxins, and
Furans in the landfill waste. The North Carolina General Assembly appropriated
$2 million in its 1998 legislative session to begin detoxification of the landfill.
The General Assembly also specified that the detoxification method will be Base
Catalyzed Decomposition (BCD). At the completion of the project, the landfill
will be closed and neither North Carolina nor DOD will have any future risks
and liabilities.
The purpose of this letter is to declare the intent of the state of North
Carolina to seek reimbursement from DOD for its fair share of the total costs of
the detoxification project. It is estimated to cost as much as $24 million. Based
on the original DOD use of the landfill and its clear acceptance of its pro rata
share of the costs of managing its PCB wastes, we believe that DOD should take
the necessary actions to contribute as much as $2.4 million as its share of the
landfill detoxification project costs. We would like to work on preparing a new
Cooperative Agreement that clearly defines the DOD commitment to contribute
its share.
P.O . Box 27687, RALEIGH NC 27611-7687 / 512 NORTH SALISBURY STREET, RALEIGH NC 27604
PHONE [phone] FAX [phone] WWW.EHNR.STATE.NC.US/EH NR/
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST-CON SUMER PAPER
Raymond Fatz
December 14, 1998
Page 2
Please do not hesitate to contact me if you have any questions or
concerns. We look forward to working with you on this important clean up
issue.
Sincerely,
~~~
cc: Wayne McDevitt, Secretary
Eva Clayton, U.S . Congress
Dollie Burwell, Co-Chair,
Henry M. Lancaster, II
Deputy Secretary
Joint State/Warren Co. PCB Landfill Working Group
Frank Ballance, NC State Senate
Mike Kelley, Waste Management
Mr. Michael A. Kelly
Deputy Director
DEPARTMENT OF THE ARMY
OFFICE OF THE ASSISTANT SECRETARY
INSTALLATIONS LOGISTICS AND ENVIRONMENT
110 ARMY PENTAGON
WASHINGTON DC 20310-0110
MAR 311999
Division of Waste Management
Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
Dear Mr. Kelly:
It was a pleasure to meet with you on February 25, 1999, to discuss the
details of the situation at the Warren County Landfill. I appreciate the additional
material you subsequently sent to this office.
It is my understanding that the landfill is operating as designed and that no
hazardous material is being released into the environment. Your letter to the
United States Environmental Protection Agency (EPA) dated March 2, 1999,
states that the leachate collection system is operating properly, and that the
State has come into compliance with the issues originally raised by the EPA.
The Army has examined various ways to financially participate in the
Warren County landfill detoxification project. However, we are not able to do so
at this time. The current situation at the landfill does not amount to a release, or
a substantial threat of a release, of a hazardous substance into the environment.
This is a fundamental criteria for the Army's response action authority under the
Comprehensive Environmental Response Compensation and Liability Act
(CERCLA). Because we would not be liable as a responsible party under
CERCLA, we do not have authority to seek payment from the United States
Treasury's Judgment Fund. We also are not presented with a situation in which
the United States would be liable for such a release under our Active Sites or
Formerly Used Defense Sites environmental restoration programs. Although the
detoxification project you are planning is laudable, it does not appear that we will
be able to contribute to its expense.
Printed on @ Recycled Paper
, .
-2-
Thank you again for the opportunity to learn about this situation. We hope
to continue cooperating with you on all matters involving environmental
restoration.
cf:
James McCleskey
Sincerely,
~~
Deputy Assistant Secretary of the Army
(Environment, Safety and Occupational Health)
OASA(l&E)
I
North Carolina Department of
Crime Cor:itrol .#~
& Public Safetv ,
512 N. Salisbury Street P. 0 Box 27687 ku/('i'.il 1 21(,; I 71>.'i~-.. ('i J 9; i'. J; :c: j '.!f>
James B. Hunt, Jr., Governor
Larry L Travis, DAC
Contracting Division
Drav,er 70120
September 27, 1982
Fort Bragg, North Carolina 28307-0120
Dear Mr. Travis:
Enclosed is the offer as we have discussed. Also enclosed are computations
disclosing how we arrived at the contract price.
In our discussion, we agreed that the contract would be subject to the follow-
ing mutually agreed changes in the original solicitation which you forwarded to us.
(1) Changes in the wording of the Note on page 2. This change has been
made on the offer which we are submitting herewith.
(2) Deletion of paragraph H.2 on page 7. The offer is made conditional
upon such deletion.
(3) Execution by an authorized person of a letter indicating that Fort Bragg
has reviewed the Department's contract with Lineberger Grading and Paving
and that said contract is not in violation of any of the terms of the
contract between the Department and Fort Bragg.
(4) Addition of another item under Part I, B, page 2 which reads substantially
as follows:
"For law enforcement efforts which result in out-of-pocket expenditures
by the Department in excess of normal expenses
FOR THE SUM ..... $ 69,550 --'------
NOTE: At the conclusion of the project, an audit will be performed to
determine the out-of-pocket expenses in excess of removal expenses which
were incurred by the Department for law enforcement. The Department will
refund to Fort Bragg the amount which the Department's actual excess
expenses are less than the contract price under this item.
Please confirm the acceptance of the offer as amended by the conditions
Larry E. Travis, DAC
Page 2
September 27, 1982
stated in this letter.
.I
$389,302.65
60,000.00
71,419.81
10,000.00
$530,722.46
23%
$122,066.17
11,250.00
$133,316.17
EXPLANATION OF CONTRACT PRICE
LANDFILL COST
Construction -Landfill
Construction -Access Road
Design Fee
Soil Testing
Fort Bragg Share
Contractor's fee for excess days of work $750 x 15
Total Landfill Cost
LAW ENFORCEMENT COST
COST DEPARTMENT OF CORRECTION (MILEAGE COST ONLY)
$
$
$
4.00
1. 75
.36
6.11
100 miles
611. 00
15
$ 4,16S
=4 Buses@ $1.00 per unit
=5 vans@ .35 per mile
=2 sedans@ .18 per mile
cost per mile mileage from Raleigh round trip
15 days
NATIONAL GUARD -HELICOPTER COST
$1,069
15
$16,035
cost per day (fuel and crew)
days
HIGHWAY PATROL OUT-OF-POCKET COST
$ 35
94
$ 3,290
15
$49,350
$69,550
per diem -per day
troopers
cost per day
days
Total Law Enforcement Cost
.--------··----------------------~-~------------..... ~ L , • SOI.ICITATION NUMBER DAKF40-82-R-037 5
I INFORMATION TO OFFERQRS OR QUQTERS □ AOVl:NTIIEO flFH) ~NEGorn:ri:o tHFI',
(Section A • Co\·er Sheet) □ NUoT,n1:o (lllf"QJ
ISSUING 01',.CE (Co.,plet• m•illnl llfl*•u lncludlnl Zip Colle)
Contracting Division
Drawer 70120
Fort Bragg, North Carolina 28307-0120
! ITEM(•) TO 9[ "URCHASEO (Briel ducr/pllon)
X244 -FOR THE USE OF THE WARREN COUNTY. NORTH CAROLINA PCB LANDFILL TO -DEPOSIT CONTAMI-
NATED SOIL REMOVED FROM FORT BRAGG, NORTH CAROLINA.
THISPROCUR!MENTIS•RESTRICTED TO NORTH CAROLINA DEPARTMENT OF CRIME.CONTROL AND PUBLIC SAFETY.
□ UNRf:STRICTEO IX) n;T•ASIDE @I• I• •---"' ••t•••ld• tor O S-•11 8u•fnou, D L__, ,..,,,.,. A••• C.nc•rn• or CJ C-'>l-d S-11 llu•I-H/ L•.., Surplu• An• c-com•.) (S.• Ioctl-C ol tit• TM&/• ol
c-t•nt• In tlll• •ollcll•I-to, ll•t•II• .t 11'• •••·••Ide.)
NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE EQUAL OPPORTUNITY CLAUSE WHICH MAY APPLY
TO THE CONTRACT RESULTING FROM THIS SOLICITATION.
You are cautioned to note the "Certification of Non-Segregated Facilities" in the solicitation. Failure to agree to the
certification will render your reply nonresponsi ve to the terms of solicitations involving awards_of contracts exceeding
S 10,000 which are not exempt from the provisions or the Equal Opportunity clause.
"Fill-ins'' are provided on the face and reverse of Standard Forms 18 and 33, or other solicitation documents and Sec-
tions of Table of Contents in this solicitation and should be examined for applicability.
See the paragraph of this solicitation entitled "Late Bids, Modification• of Bids or Withdrawal of Bida" or "Late Proposals,
Modifications of Proposals and Withdrawals of Proposals". _
The envelope used in submitting your reply must be plainly marked with the Solicitation Number, as shown above and the
date and local time set forth for bid opening or receipt of proposals in the solicitation document.
If NO Rl:.SPONSE is to be submitted, detach this sheet from the solicitation, complete the information requested on
re\'crse, fold . i!ffix postage, and mail. NO ENVELOPE IS NECESSARY.
Replies must set forth full. accurate. wnd complete infotmation as required by this solicitation (includins 11rt.xhm1:nt.ciJ.
The penitlty for making fc1lse stetemt-nts is prescribed in 18 U.S.C. 1001.
1. One copy of this Solicitation is for use in preparing your offer. It is to be
retained for your file. The other copy is to be (a) filled in (original); (b) -reassembled
(c) signed; and (d) mailed or handcarried to this office in time for opening.
-2. BE SURE TO: (a) Review this solicitation upon receipt and clarify any questions
immediately to allow adequate time for a reply and issuance of an amendment if necessary.
-(b) Not qualify your offer so as to make in conflict with the solicitation requirements.
~rs. Wi-s-er ~ontracting Division, Drawer 70120 HO
COLLECT
CAI.LS Fort Bragg, North Carolina 28~07-0120 919-396-4827
) 1707
I F£1 76 IIEPLACES 00 ,oftMS 1706 AND 1707 WHICH AIII[ OBSOLETE
.. , -_. '. ·•·,• .·--···
NO HSftONSf POR REASONS Otl!CICl!0
CANNOT C:OM,.LY WITH S,.CC:IP'IC:ATIONI 1--+---------------------------t--+----·-----------------..,..a.•---"'! __ _
UNA8LC TO 101ENTi,y THE ITEMII)
OTHEfl (lpeclty)
00 NOT flEGULAflLY MANU,AC:TUfllE OR SELL THIE TY,.E
OP' ITl[MSINVOLVE0
WE 00 I I WE 00 NOT, 0ESlfl£ TO 8£ flETAIN£0 ON TH£ MAILING LIST FOR 'UTURE ,.ROCUIU:MENT OF TH£ TYPE OF
ITl[W(SI IN.VOLVl:0
FROM:
TO:
SOLICIT!,TIOH NO,--------------
SIGNATUfl£
TYPE Ofl PRINT NAM£ AN0 TITLE OF SIGNER
'
Contracting Division
Drawer 70120
Fort Bragg, NC 28307-0120
DATI AND LOCAL TIME ________________ _
AFt-: IJl
11 AMP
Hli:AC
-.-... ,---·--------ft' .... . . -,-----------...-:-•W• •~ ....... -..... .,._ . ..,,'FllT" · 1 .. , TR! --scREocrrz ~-,---::-~-:--:----__ .., _____ --·-· ·-_, .. -.. -....
✓,: :;C)LICITAl ION, OFFER At-4D AWARD J HTU•• S 1 of 26
lJ ADYIIITl&ID IIPII IE NIQOTIATID IIIPPI
/. IMIJEO IV COOE DAKF40
Contracting Division
Building Number 1-1333, Basement, Room 10
Fort Bragg, NC 28307-0120 AFZA-DI-C
Buyer: Mrs. Wiser Phone: [phone]
SOLICITATION
Contracting Division
Drawer 70120
Fort Bragg, NC 28307-0120
1. a.la! •ff•• ill o,ifiMI ~for lurnilhlfll h supplies or~, ifl ~ lc:IMduie will be r-i,,ecl It VII place apecified in block 8 . or if hMtdcarr;«t,
.,,,..__,,o,y,-rw,;n See Block Z ,,,,,;, 2;3P£ m, ET ,_,,.,..20 SeE.ternber 1982. our) t re)
If• 11 • .,_,!tad to1lcit11io11. often will be publlcfy cipeMd at that lime.
CAUTION -LA TE OFFERS: SH°'pN&. 1 •nd 8 of Solicit•tion lnnructions Mid Conditions.
All llff.n -a,bjacl 10 lht loll-ine:
1. TNloC~a.110111,m,uctiot1t and Condition,. Sf 3'-A. (Rev 1-78)
~ whldl it at!Khed Of iflcotpo,ated her9i111,w ,.1.,_,
2. Tl,e Ga,w,el l'1ovi1ion1~XXXXXX:XXXXXXXA "◄WICIWACWhk:h it lltK!ltd
o, i11COrpou1ed htta,n by referar,ct.
3. The Sct.edule iflduded ,,.,..;,. ..w!/e, .. t!Khed 1wte10.
4. Sud, otlwt p,ovi1iot11. rep, ... ntation■• cwtlfica1ion1, -,Id specificatioM a, a•• attKll-1 o, incQl'l)Oratad "-'•'"by,.,., __ _
/Aructtrn.,.a .,. li1red in nh«/111,./
FO!f. lNFOflfMATION CALL,,._. ,elephoneno.J INo cOIIKI "'"' ► Mrs. Peggy Wiser, (91. 9) 396-3518
TAIILE OF CONTENTS
IXI SEC l'AOt CXI SEC PAGl
PAIIT I · THl ICHIDULI l'AIIT 11 , OlNIRAL P110Vll101\jl
X A r.:.,,.,,., ,orm SF 33 Part T 1 X I a .... , .. ft,ovkfoM 8-12
X • .._, ... ,_.,,,co, . ? f'AIIT Ill· LIIT OF OOCIJMl11jT&, IXHl■IU ANO OTHER ATTACHMENTS
X C Doo.1p11o1t/S-;1O,1on ; X J Lilt el Doc-11. E ... iblll tnd •-A.--n -13 • 0 ,.111..,.,.. lftd ...,11.i,,. PAIIT IV · OlNlllAL ltlllTIIUCTIOl\jS ~,.. ,,
l .,.,..,0,.. ~ 4c:c~•·"'CI X I( t Aept"WW"t•oon,. Ca,rttfUtiOf\t •ftd othet SUI ........... D of Ofltffll) ~ rt T 14-2Q_
X , 0.1,..., ... or , .. ,o,~~• 4 X L lft11rvcttON end Cl:a,,idit..,,,. and Note.t to Ottre,,0r1 ~'F 11A 21-25_
X 0 Co,,ttnc1 Aelmtf"l1111•••0" 0111 5 X M lwtv11t0n Factor, to, AWlrd 212._
X H S.-C• r,o..,,,;o,.,, 6-7 ---
OFFER (must b• fully compl•ttHi by offeror)
In complial'Ct with the above, the unCHr■igned agrMs, if this ofter ii eccepted within ] 0 calendar daya (Ii() c■l.nd■r d■y1 fl(lleu • diff11r•nt ;Hriod i1
;,,,.,r.tt by th• off•rorJ from th• data for receipt of off..-1 specif~ above, to furnish any or ■11 Items uPon which prices ■rt off•r" at the price set opposite each
item, dell~...a at the da1i9nated polntlsl, within the time ~ifi■d in lhe echadule.
II. DISCOUNT fOR •ROMPT ,AVM£NT IS..-. I . IS/I :U-A/ "See NOTE following para 9b, Section L.11
__ S tOCAlFNDAR DAV!. __ S20CAL(l\j0AII OAVS. __ 1' lOCALlNOAR OAYS. -" __ CALENDAR DAYS
COC>E ~ l'ACll.lrY CODE II. NAME AND TITl.E OF PEIUON AUTHOR12EC TO SIGN OF FER
NAM[ ANO [ DUNS NO . : -
AODF!Ess Department of Crime Control & Publ1 :=.;·.~::;. P. 0. Box 27687
-z~ '°"'' Ra l e i h NC 2 7 611
AIIEA CODE AND ":'ELE,HOl\j~HO, ►
llc-ff ....u, __ ,,., ;, tlilf.,.,,,, from··-...... -oddf'tU In ScMdt1•. K
21 . ACCl'1l0 l'I TO ITEMS HUltollER£0
24. IIJIMIT 11\jVQICfS II co,,,_ -•-.,. -/fled/
TO ADDIIUS CHOWN IN ILOCIC 2 7
,r., .. ., ,-;,.,1
Heman R. Clark, Se_c!'etary e Y
..
20. OFFER DATE
9-27-82
:3. ACCOUNTINC Al\jQ APPROPRIATION OATA
2122020 76-2016 P200000 2572 S31001
APC: C880 __ CN: 1500
21. NIOOTIATED l Xl10 u.s.c. 2304 ,., I 10 I { 1) PURSUANT TO ,t--t-1 -----.:..:::.-.....Jo.::..'--------. _
41 U.S.C. X2Ctl I I
~ A0MINIITIRl0 IV
111•--a-l/ CODI 27.PAYMENTWILLIEMAOE IY CODE
21. NAM£ OF CO~TRACTING OFFICER ITl'/N •r _,;,ti/
W. F. ""BAREFOOT, DAC.
-----------1 Finance and 'Accounting
· Building· Number 2-1120
Fort Bragg, N~ _:28307
29. UNITED STATES OF AMERICA
BY
Office ---_-f--~--
-: -.
30. AWARD DATE °':""
. acf Standard Form 33 P•rt \ (REV. 3-771
!Ea~1lo" to SF 3:1. Aoor-llv NAAS ~~711 f>reacrlt.d ~y GSA. f PR (41 CFRI 1-16.101
1 ...
; AMENDMENT NO. DATE AMENDMENT NO. DATE
ACKNOWLEDGMENT OF AMENDMENTS
TN oftel'Of ectu\owledgft ~t of arMnd·
nwfltl ID IM loUcltallOfl tor offm end ,..,ec1
--.ntt """'°''ed IIICI dlted .. tollowe: -
-SICTION I· SUPf'LtESJIEAVICES ANQ PRICES
SCWEOULE
ITblNO.
0001.
....
auPrLIUlllflVICU
For the receipt and acceptance of PCB -con-
taminated soil from Fort Bragg, North Caroli-
na into the State of North Carolina PCB Land-
-fill located in Warren County for a 15-day
period established by the State (sec F.1), in
accordance with the te~s and conditions set
·forth herein.
QUANTITY UNIT
FOR. THE SUM • • • • • • • • •
NOTE: Agreed upon price for specified ser-
vices is based on the assumption-"that the
Department will be able to accept all PCB
contami~ated material from Fort Bragg, which
is estimated at 9300 cubic yards, swell in-
cluded. In the event the Department deter-
mines, pri.or tQ acceptance of any materia·1, that ·1ess than this quanti.ty of materia,l can
be accepted, Fort Brag~ may, _at i.ts option,
terminate the contract at no cost or re-
negotiate the contract price based on the
quantities to .be accepted. In the event
that only part of the material can be ac-cepted due to circumstances described in Part I. C 2., hereof, the parties agree to negotiate an equitable settlement based on
services rendered."
2
-
UHITPtllC[ AMOUNT
. . . . . $ 133,316.17
Slanderd P:~m 33 IREV. l-771
Cl-• 10 SF :13. "--l,y HAIi$ 9.,s.1i1
-
.:.
.·,
=
PART I -THE SCHEDULE
DESCRIPTIONS/SPECIFICATIONS
DAKF40-82-R-0375
SECTION C
C.l. MATERIAL TO BE ACCEPTED: The soil and vegetation contaiminated by the
dumping of PCB's on the Fort Bragg Military Reservation during the summer of
1978 by Robert, Randal. or Timothy Burns. The North Carolina Department of
Crime Control and Public Safety may limit the quantity of material to be
received from Fort Bragg in accordance wi~h the provisions of Section F,
Deliveries or Performance.
C.2. CAUSES FOR NONACCEPTANCE OF MATERIALS: The North Carolina Department
of Crime Control and Public Safety shall be under no obligation to accept any
PCB-contaiminated material from Fort Bragg under this agreement if it is pre-
vented from doing so by order of a court of competent jurisdiction, or by
other circumstances beyond its control. .::
C.3. STATE PROJECT OFFICER(SPO): The State Project Off4.,cer (SPO) .is William W.
Phillips, Jr., Assistant to the Secretary, Department of Crime Control and
Public Safety, P. 0. Box 27687. Raleigh; North Carolina 27611, telephone (919)
733-2126.
C.4. METHOD OF DELIVERY: The method of delivery of the PCB contaminated
material shall comply with all requirements by Federal and State laws and
regulations and with any permits or approvals issued pursuant thereto. The
method of delivery shall be compatible with the methods ·of ~peration of the
landfill.
3
..;
•·'
SECTION F
PART I -THE SCHEDULE
DELIVERIES OR PERFORMA.~CE
-
DAKF4O-82-R-O375
F .1. DELIVERY SCHEDULE: The contaminated material shall be delivered by
Fort ~ragg or its agents to the Warren County PCB landfill in accordance with
the delivery schedule established and provided by the State Project Officer (SPO).
The delivery schedule and the maximum quantity of materiai to be accepted shall
-be set forth in writing by the SPO and shall be communicated to the Contracting
Officer's Representative (COR) by telephone imm~diately upon its formulation.
The written delivery schedule shall be hand-delivered or mailed by first-class
mail to the ConEtacting Officer as soon as practicable after it is formulated.
The schedule may be general in nature in order to take into consideration
variabies in weather conditions and terms of subcontracts. The schedule may
provide for specific deliveries to be scheduled in accordnace with verbal
deliveries to be scheduled in accordance with verbal communications between the
SPO, or his agent, and the COR. The schedule shall indicate the person(s)
authorized to give and receive any such verabl instructions. The delivery
schedule shall specify the quantity of PCB material which the Department will
accept. The Department agrees to accept as much of the Fort Bragg PCB-contaminated
material as is consistent with State needs and landfill design.
F.2 _ CONTRACT PERIOD: The period of performance of this contract shall be
from acceptance -through November 11. l 982in accordance with the delivery
schedule provided above.
4
SECTION G
PART I -THE SCHEDULE •
CONTRACT ADMINISTRATION DATA
DAKF40-82-R-0375
G.l CONTRACTING OFFICER'S REPRESENTATIVE: The Director of Engineering and Housing,
Fort Bragg, NC, will be designated as the Contracting Officer's Rep-resentative
in administering .any contract resulting from this solicitation. The Contracting
Officer's Representative shall be responsible for (1) Inspection and recommenda-
tion for acceptance of the work performed by· the contractor; (2) Notification
to the Contracting Officer of the deficiencies with reconunendations as to
corrective action and (3) Preparation of the required receiving reports. Only
the Contracting Officer has the authority to make final acceptance. Inspection,
acceptance and preparation of receiving reports will be in accordance with
AR 715-29 and XVIII Airborne Corps and Fort Bragg Reg1,1lation 715-1. Any changes
or modifications to contract performance will be issued by the Contracting
Officer ONLY. .....
G.2 INVOICES: shall be submitted monthly in original and thrae (3) copies to
Finance and Accounting, ATTN: Commercial Accounts, Building 2-1120, Fort Br~gg,
North Carolina 28307. Also, furnish two (2) copies to the Director of ~ngineering
and Housing, Attn: AFZA-EH~EE. Fort ,Bragg. NC 28307.
5
. .....
1 · ...
PART I -THE SCHEDULE . DAKF40-82-R-0375
SECTION H SPECIAL PROVISIONS (Continued)
H.1. FEDERAL·; STATE, AND LOCAL TAXES (1971 NOV) BAR 7-103 .10:
(a) Except as may be otherwise provided in this ·contract, the contract
~ price includes all applicable Federal, State,-1lnd local taxes and duties.
(b) Nevertheless, with respect to any Federal excise tax or duty on the
transactions or property covered by this contract, if a statute, court gecision,
written ruling'"; or regulation takes effect after the contract date, • and --
(1) results in the Contractor being required to pay or bear the
burden of any such Federal excise tax or duty or increase in the
rate thereof which would not otherwise have been payable on such
transactions or property, the contract price shall be increased -
by the amount of su.c;:h tax or duty or rate increase, provided, the
Contractor warrants in writing that no amo~nt for such newly
imposed Federal excise tax or duty or rate increase was includ~d ,,.
in the contract price as a ·contingency reserve .or otherwise; or
(2) results in the Contractor not being required to pay. or bear
the burden of, or in his obtaining a refund or drawbac~ or, any
such Federal excise tax or duty which would otherwise have been
payable 9n-such transactions or property or whrch was the basis
of an iricrease in the ~ontract price, the contract price shall
be decreased by the amount of the relief, refund, or drawback,
or that amount shall be paid to the Gov~rrunent, as directed by
the.Con.tracting Officer. The contract price shall be similarly
·decre·ased if the Contractor, through his fault or negligence or
his .failure to follow instructions o: the Contracting Officer,
is required to pay or bear the burden of-or does not obtain a
refund or dra~back of, any such Federal excise tax or duty.
. I
(c) Paragraph (b) above shall not be applicable to social secµrity tax~
or to any other employment tax.
.. ,· (d) No adjustment of less than $~00 .shall be made in the. contrac.t price
pursuant to paragraph (b) above.
(e) As used in paragraph (b) above, the term "contract date" means the
date sec for b~d opening, or if this is a negotiated contract, the contract date~
As to any additional supplies or services procured by modification to this con-
tr~t, the term "contract date" means the date of _such modification.
(f) Unless there does not exist any reasonable basis to sustain an exemp-
t~on, th: Government -upon the request of the .Contractor ~$hall, without further
liability, furnish e~ence appropriate to establish exemption from any Federal
Sea~, !?_r local tax; ~ovided that, evidence appropriate to establ~sh exemption,
__ frorn_any F~der.a.l ~-~cise ta~ or duty which may give rise Jo either an increase .
or decrease in the contnict pric~ will _be furnished only at the ·discretion of
th~ Government.
6
:;
PART I ·-THE SCHEDULE DAKF40-82-R-0375
SECTION H SPECIAL PROVISIONS (Continued)
-;.(g) The Contractor shall -pr.omptly notify the Contracting Officer of mat-
ters which will result in either an increase or de~rease in the contract price
and shall take action with respect thereto as directed by the Contracting Officer.
H.u..uu>ous MATERIAL IDENTlnCATION AND MATERIAL SAFETY DATA (19'77 OCT)
(a) A1 •acd ill lhia clauac ... ,.,-.. ••"rial ahall be u defined in Federal Standard No. l 1 JA
( .. Ma1erial Safely D1Lta Shffl. Prwparalion and Submiaaion or'), ill ctrcct 011 the dal& of thil eon-
trac:t.
(It) Tia• Contracior &hall pnpars aad aublnit Material Safaty Da1a Shae& (Form OSHA-t0
( 0oD)) ia acc:ordance with Federal Standard No. l l3A for all baunloua material. whether or_
1101 lillad ia Appendi1. A of tile Standard. delivered punuant IO thil contnc:t or for whic:b per-
formanc:e of work., 111e. handlina. aanufaewre, paek.asina. tranaponation. aaoraae. inspection or
tlilpoul or. or any other -alter datiftry to the Go¥am111&11t clni1na1ad da1tina1io11 will involve
eapo'Marc 1D huardo111 111aacriaa or iu1111 co111&mi111 111etl 1na1eriak. Material Safety Dua Sheets
ahall be 111b111in&d five (, ) days prior to del..ary ol the ma1erial.
(c) Tha raquiremcnu of tbil ClaUIC, or an:, act or failure IO act by Ute Govemmenl in sur,,eil-
lance or anforcc111ant of thil clatnc. thaU not affect or relieve the Contractor o{ any rflll()lllibility
or liabiliry (or 11M safety or 0-,.mcnt or Co11arae1or personnel or property, or of any Mibcon-
trac\Or or vendor pano1111aL
(d) Notbin1 contained ill dlil claUM shall Nlicn the Contractor fro111 co111pl)'in1 with applica•
Ille federal. Ital&. aad local laws. coclH, onlillanc:e1 and ra1u1&Liona (includ1111 the obtainin1 or
licc111e1 and pannita) in conHClioa wiui baz■rdou1 malarial in &he parformanc:t of thil coatraeL ..
( • ► Cio.,,Nt,..•111'• ri1lm 111 ••• /11,,.uh•d 1111,,r 1hu co111rut wirla napttt to hczanio,u 111ar,ridl:
(I) The Gowarnmcnl ahaJI N¥e the n,ht \0 use. duplicate and d11Clo1e ■11:, data 10 which
tbia clauac • applicable lor the pur,o1e1 of appritinJ personnel or the buards 10
which they 111ay be eapoacd ill u1in1. handlin1. pac1ta1in1, uan1portin1, or dilpo1&111
ol hanrdou1 maieriata and lor mcdic:al treatment of thOM affected by such mucrial.
and IO ha¥e othan ~• duplicate. and dilclou such data for lhc Government for
web purpolCL _
(ii) Such data shall 1101 be. duplica&ed. or dilclo .. cl. or rslauad outside tbs Govarnment.
in whola or in pan lor any procurement or manulacturiDI purpoec. if Ule lollowina
lc1end ia marked on ucb picc:c of data 10 wbic:h tbil clauac ii applicable:
""Tlilia io f11,..iolled ■Mer U•i•ed Sta1a1 Gower11111;•• Conuact No.
__ a11cl wU "°' be 11•11. cl11plica1ccl or cliacloocd for Hy procure•
IIICIII nr •&1111faftllrial pllri,oM without IJ>c pem,aaion O( ___ _
Tlila 1e,-11ct IMll be 111arllect 011 uy raprDc111clio■ lilercof."
f£MI ofiatH4)
(iii) The Conu-ac:ior ahall ao1 place die la1cnd .. , fonb abo¥a or an:, other rsauic1ive
lc1end on any data which the Conuactor or any subcontractor previou1ly delivered
to the Ciowemmcnt without limitation, or wbic:b.Ahould be deli¥ercd withoul limita•
lion, under the conditions prescribed by the .. Ri1hu in T,chnical Do10 ollll Co"''"'"
Sof1wor," clauac of ASPR 7-ICM.9(a).
(iw) No1wilhatandin1 any C?lh~r proviaion of this conuac,1 providin1 for ri1h11 in data. the
n1h11 or the Gonmma111 to uac. duplicate, and diacloac data fumilhed punuant to
the requirementa of this clause ihall be u provided by this clause. The Govcmmenl
ii not prac:luded from uain1 similar or identical data acquired lrom 01hcr 10urc:cs.
IO The Contrsc:tor shall inacn this clause, inc:ludin& thi,"'j,ara1raph-en. with appropriate
_ca&111ca in lhc clcai1nation or the partiH. in any 1ubcon1ract or any tier tincludin& purchuc
· ._.Pation, or purchuc o;dcn) hereundcr..,hich inwolvc1 hazardo111 m~tcrial. ·
,,..~., cla••·
7
-~
j
I I I l
!
SECTION I
PART II -GENERAL PROVISIONS
GENERAL PROVISIONS
DAKF40-82-R-0375
The following Defense Acquistion Regulation clauses and provisions, the full
text of which will be made available upon request, are incorporated herein
by reference with the same force and effect as if set forth in full text:
I.1
I.2
I.3
I.4
I.5
I.6
I. 7
I.8
I.9
I.10-
I.ll
I.12
I.13
I.14
I.15
1.16
I.17
1.18
DAR
PARAGRAPH
7-103.1
7-1902.2
7-103.3
7-1902.4
7-103.7
7-103.8
7-103.11
7-103.12 (a)
7-103.29
7-103.16(a)
7-103.lS(a).
7-103.19
7-103.20
7-103.22
7-103.23
7-104.22
7-103.26
7-104 • .14 (a)
CLAUSE TITLE
Definitions
Changes
Extras
Inspection of Services
Payments
Assignment of Claims
Default
Disputes
Clean Air and Water
Contract Work Hours and Safety
Standards Act~Overtime Compensation
CLAUSE DATE
1979 Mar
1971 Nov
1949 Jul
1971 Nov
1958 Jan
1962 Feb
1969 Aug
1980 Jun
1975 Oct
1971 Nov
Equal Opportunity 19]8 Sep
Officials Not to Benefit 1949 Jul
Covenant Against Contingent Fees 1958 Jan
Authorization and Consent 1964 Mar
Notice and Assistance Regarding
Patent and Copyright Infringement 1965 Jan
Equal Opportunity Pre-Award
Clearance: of Subcontracts 1971 Oct
Pricing of Adjustmen.ts· 1970 Jul
Utilization of Small Business and
Small Disadvantaged Business Concerns 1980 Aug
...._
SECTION I
PART II -GENERAL PROVISIONS
GENERAL PROVISCONS (Continued) -----
I.19
1.20
· I.21
I. 22
!.23
I.24
1.25
I,26
I. 27
I. 28
I.29
I. 30.
I.31
I. 32
I.33
DAR
PARAGRAPH
1~104.16
7-104.17
7-104. 20 (.a)
7-1902.11
7-d04.39
7-1903, 1+1 (a)
7-103.27
7-103.21(.b).
7~103.28
7-104.4l(a)
7-104.52
7-104.15
7-1912
CLAUSE-'T-l'N.E
Gratuities
Convict Labor
Utilization of Labor Surplus Area
Concerns
Discounts
Interest
Service Contract Act ot J965,
As Amended
Affirmative Action for Disabled
Veterans and Veterans o! the -~
Vietnam Era
Termination for Convenience of
The Government
Affirmative Action for Handicapped
Workers
Audit by Department of Defense
Utilization of Women-Owned Business
Concerns (Over $10,000)
Examination of Records by
Comptroller General
Limitation of Liability
Service Contract
7-1905(c) Fair Labor Standards Act and
Service Contract Act-Price
Adjustment
7-104.83(a)(l) Cost Accounting Standards
9
DAKF40-82-R-0375
CLAUSE DATE
1952 Mar
1975 Oct
1981 May
1971 Nov
1972 May
.1979 Sep
-i976 Jul
1974 Oct
.1976 May
1978 Aug
1980 Aug
1975 Jun
1974 Apr
1979 Sep
1978 May
I.
DAKF40~82-R-0375
ADDITIONAL GENERAL PROVISIONS (Continued)
I.34 SUBCONTRACTS (1979 MAR) DAR 7-104.23(a):
(The provisions of this clause do not apply to firm fixed-price contracts and
fixed-price contracts with economic· price adjust:nent provisions. lb-wever, the
clause does apply to unpriced modifications unGer such contracts.)
(a) As used in this clause, the term "subcontract" includes but is not
limited to purchase orders, changes and/or modifications thereto.,
(b) The Contractor shall notify the Contracting Officer reasonably in
advanc·e of entering into any subcontract if the Contractor's procurement syste:n
has not been approved by the Contracting Officer and if the subcontract:
':lo..._
(i) is to be a cost-reimbursement, time and materials, or labor-hour
contract which it is estimated will involve an amount in excess of
twenty-five thousand dollars ($25,000) including any fee:
(ii) is proposed to exceed one hundred thousand dollars ($100,000); or
(iii) is one of a number of ··subcontracts, under this contract, with a
single subcontractor for the same or related supplies or services
which, fa the aggregate, are e."<pected to exceed one hundred "thousand
dollars ($100,000).
(c) The advance notification required by paragraph (b) above shall include:
{i) a description of the supplies or services to be called for by the
subcontract;
(ii) identification of the proposed subcontractor and an exp~anation of
why and how the proposed subcontractor was selected, including the
competition obtained;
( iii) the proposed subcontract price, together with the C.ontrac tor-' s cost
or price analysis thereof;
( iv) the subcontractor's current, complete, and-accurate cost or pricing
data and Certfticate of Current Cost or Pricing Data, when such data
and certificates are required by other provisions of this contract
to be obtained frau the subcontractor;
(v) identification of the type of subcontract to be used;
10
D.i\KF40-82-R-0375
ADDITIONAL GENER..\L PROVISIONS (Continued)
(vi) a memorandun of negotiation 'Which sets forth the principal elements
of the subcontract price nego·tiations. A copy of this memorandum
shall be retained in the contractor's file for the use of Govern-
ment reviewing authorities. The memorandum shall be in sufficient
detail to reflect the most significant considerations controlling
the establishment of initial or revised prices. · The memorandun
should include an explanation of 'Why cost or pricing data was, or
was not required, and, if it was not required in the case of any
price negotiation in excess of $500,000, a statement of the basis
for de temining that the price resulted fr~ or was based on
adequate price competition, established catalog or market prices
of commercial items sold in substantial quantities to the general
public, or prices set by law or regulation. If cost or pricing
data was subnitted and a certificate of cost or pricing data was
required, the memorandum shall reflect the extent to wi2h reliance
was not placed upon the factual cost or pricing data subnitted and
the extent to which this data ~snot used by the,~ontractor in
determining the total price objective and in negotiating the final
price. This memorandum shall al so reflect the ·extent to -tl.i,£ h it
was recognized 1n the negotiation that any cost or pricing data
submitted py the subcontractor was not accurate, complete, or
current; the action taken by the contractor and the subcontractor
as a result; and the effect, if any, of such defective data on the
total price negotiated. Where the total price negotiated differs
significantly from the contractor's total price objective, the
memorandum shall explain this difference;
(vii) when incentives are used, the memorandum of negotiation·-snall
contain an explanation of the incentive fee profit plan identifying
each critical performance elemen-c-, management decisions used to
quantity each incentive element, reasons for incentives on
particular performance characteristics, and a brief summary-of
trade-off posibilities considered as to cost, performance, and time;
and
(viii) the Subcontractor's Disclosure Statement or Certificate relating to
Cost Accounting Standards when such data are required by other
provisions of this contract to be obtained from the subcontractor.
(d) The Contractor shall not enter into any subcontract for which advance
notification to the Contracting Officer is required by this clause, without
the prior written consent of the Contracting Officer; provided that . the
~ntracting Officer, in his discretion, may ratify in writing any subcontrict.
Such ratification shall constitute the consent of the Contracting Officer
re-quired by this paragraph. ...... -
11
....
DAKF40-82-R-0375
ADDITIONAL GENERAL PROVISIONS (Continued)
(e) Neither consent by the Contracting Officer to any subcontract or any
provisions thereof nor approval of_the Contractor's procurement system shall be
construed to be a determination; (i) of the acceptability of any subcontract
terms or condition, (ii) of the acceptability of any subcontract price or of any
amount paid under any subcontract, or (iii) to relieve the Contractor of any
responsibility for performing this contract; unless such approval or consent
specifically provides otherwise.
(f) The Contractor agrees that no subcontract placed under this contract
shall provide for payment on a cost-plus-a-percentage-of-cost basis.
~
(g) The Government reserves the right to perform contractor procurement
system reviews as set forth in DAR Section XX.Ill.
12
PA.i.,r III DAKF40-82-·R-03 7 5
SECTION J LIST · OF DOCUMENTS, EXHIBITS Ai.'ID OTHER ATTACHMENTS
This document is composed of the -following:
DD Form .1707, Infonnation to Offerors, 1 Feb 76
(This will not be included in any resulting contract) .
SF 33 Part I, Solicitation, Of fer an·d Awar.d, Rev 3-77
Reverse of.. Standard Form 33, Acknowledgement of Amendments and
Section B -Supplies/Services and Prices
Section C -Description/Specifications
Section F -Deliveries or Performance
Section G -Contract Administration Data
Section H -Special Provisions
General Provisions
· List of Documents, Exhibits and Other Attachments
.....
SF 33 Part IV~ Representations, Certifications and
Acknowledgements; Rev 3-77
, .,
(1 Page)
. (1 Page)
(1 Page )
(1 Page)
(1 Page)
( 2 Pages)
( 5 Pages)
( 1. Page )
· ( 8 Pages)
. • rwxs ex•, o 0Hr,,;;,i2M1A11µN:;;, Jit':ifrJfJCATTQNS AND 01:REB. STATEMENT .m:..OFFiR.0R--REPRESENTATION:;, CERTIFICATIONS AND ACKNOWLEDGMENTS
REPAESEN-TATIONS (Chick or comp/ft, •II ,pplicabl• boxn~r blocki.)
' · · The o.fferor represents at part of his offer that:
1. SMALL BUSINESS (SH par. 14 on SF 33-A.)
· He O is, !l is not,• small business concern. If offeror ijs a small business concern and is not the manufacturer of thll supplies offered, h!! also represents that all supplies to be furnished hereunder ·□ will, Ii will not, be manufactured or produced by a small business concern
in lhc Uni1r.u S1a1es, i•~ pnwmiom. or Pur.r10 Rico.
2. MINORITY BUSINESS ENTERPRISE
He O is, O is not, a minority business enterprise. A minority business enterprise is defined as a "uusiness, at lc.tsl !>O 1,c1 cent ol wh11.:h
is owned by minority group members or, in case ofte~eesses, at least 51 percent of the stock of which is owned by minority group members." For the purpose of this defi m, t g up members art Negron, Spanish-speaking American persons, American-Orientals, American-Indians, American E o · ·Aleuts. .
3. REGULAR DEALER -MANUFACTURER (App/icabl• only to ,upp/y contracts ,,u:Hding $10,000.)
H• is 1 0 regular dealer in □ manufacturer of, the NPPlies offered.
4. CONTINGENT FEE (SH par. 15 on SF 33-A.)
(al Hi □ hu, .Ill has not, em.ployed or retained any compa~x,or person, (oth•r tt.n • fu/1-tirN bon. fi<I• ,mployee working so/1/y for th• off,ror) to 10lic1t or secure this contract, end (b) he □ hes, Uhu not, p11d or agreed to pay any company or person (oth,r th•n • full• tirM boM fide rnployH working ,o/,iy for thl off,ror) any fN, commission, percentage, or brokerege ftt contingent upon or resulting from the 11ward of this contract; and agrtts to furnish information relating to (a) and (b) 1bov1, 1u~utsted by the Contracting Officer. flnt,rpr•-t•tion of ,,_,..,,,..,,ration, /ncJudilV tM t-.rm HboM fki• .-np/oyH,",.. Cod• of F«ir.J R'f'u»tion,, Titl• 4~, Subpart 1•1,5.)
5. TIPE OF BUSINESS ORGANIZATION
Ht o~ra,es JS Qa" indi~idual, □ 1 partnership, □ • nonprofit organization, □ • corporation, incorporated under the laws of the State Not Appl1cab1e _ • • -of
6. AFFILIATION ANO IDENTIFYING DATA (Appllc:abl•only toMJV91'tilMl,o/lcltatlons..) ~ App 1 i cab 1 e. Each offtror shall complete (1) and (bl if applicable, end (c) below:
(el He □ Is,□ Is not, owned or controlled by a parent compeny. (Sff ,»r. 16 on SF 33·A.J -
: (b) If the offeror is owned or comrofled by I parent company, ht shall enter in the blocks below the name and main office address of
th• perent company:
It 1iWI.OYlll'l 101NTIFICATIOH NUUlill IC?Alf, ti•~ U ..
7. EQUAL OPf>ORTUNITY .
(1) He []) has, 0 has not, participated in a prevtous contract or subcontract subject either to the Equal Opportunity clause herein c,r
the clause originally contained in section 301 of Executive Order No. 109:25, or the clause contained in Section 201 of Executive Order N•J 11; 14; that htXlhas, 0 has not, filed tll required compliance reporu; and that representations indicating submission of required compliance
reports, signed by proposed subcontractors, will be obtained prior to sub.contract awards. (The above representation need not be submitted in cor.ntction with contracts or subcontrects which are txempt from tha equal opportunity clause.)
(bl The bidder (or offarorl represents that (1) h1 ~ hes developed end has on file, D has not developed and does not h111e on fil~. ~t 11ch 11t1blishmont affirmative action programs II required by the rul11 and regulatlons of the Secretary of Labor (41 CFR 60-1 ·11nd 60·2) :1, (21 ht □ has 1\ot previously had contracta subject to the written effirmttive action programs requirement of the rules and regulations of !he Secratary of L,.abor. (TM abolt9 r~rw,n~tlon Iha/I I» compi.t«J by Heh biddr (or off,ror) who. bid (off,r) /1 $50,000 or mor, and who lias 50 or ,non .mplo yNS.) ~
CERTlf-!,fATIONS (Ch,clc or compl.r• all •ppllcab,. boxt11 or blocks)
i. BUYAM~RtCAN CERTIFICATE ~. -. The off~or cert!~ies is part of ~.is off~. that: each_,!lnd .product, except the end products listed below, i, 1 domenic end product (as defined · in the er.us. entitled "Buy-American Act"): and that componen~ of unknown origin have been considered to have been mined, produCt'd, or-. -:n1nuf1ctured _putsidt the United States.
' NONE
14
Sundlf orm art 2 REV. 3-771
Ch-•io" 10 SF33. 4--l>y NAAS 8•~71J
·4 A&ti.lNC 1•1+ + rs ■ •• ·e __ .,. __ ·
f
2.
-ne ,xavea eor a re n z It i I YE 7
CLEAN AIR AND WATER (Appllcab/1 if 1h11 bit/ or of/,r •xCHrl1 $100.000, or rh• contracting offic,,r ,,., ,t,.ttmnmerf thllt "'''"
und., •n lndefinitl quantiry cont,.ct in any y-,,r will •,u:Hd $100,000, or a f•r:i/iry tu be 11ud hal bHn the 1uhj~r n/.;1 convir:1ii'
und,rth1 Cl•n Air Act (42 U.S.C. 185lc·8(c}(1JJ or the F«leral Water Pollution Control Act (33 U.S.C. 1319{,:JJ .,nd is li.W'!<I 1>v Er,
or la not otMrw1• •xempt.J
The bidder or offeror certifies as follows: --. ......
11) Any facility to be utilized in the performance of this proposed contract D has, Uhas not, been listed_ on the Environme11t.
Prptection Agency List of Violating Facilities.
_ (bl He wiffpromptly·notity the contracting officer, prior to award, of the receipt of any communication from the Director, Office c
Federal Activities, Environmental Protection Agency, indicating that any facility which he proposes to u~ for the performanr.c of th
contract is under consideration to be listed on the EPA list of Violating Facilities.
(c) He will include substantially this certification, including this paragraph (c), in every nonexempt subcontract._
3. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION (S. par. 18 on SF 33-AJ
(a) By submission of this offer, the offeror c:.nifies, and In the case of a joint offer, each party thereto certifies as to .its own
organiiation, that In connection whh this pu,curement: -
•··· (1) The prices in this offer have baen arrived at independently, without consultation, communication, or agreement, for th,
purpoat of restricting competition, as to any matter relating to such prices with 1ny other offeror or with any competitor:
· (2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclos<'cl by th,
offeror and will not knowingly be disclosed by the offeror prior to opening in the case of an advertised procurement or prior tCJ awarJ in the
case of I negotiated procurement, directly or Indirectly to any_gther offerer or to any competitor; and . ·
(3) No attempt hes been made or will be made by the offerer to Induce any other person or firm to submit or not to submit an
offer f_or t~t purpose of restricting competition.
(b) Each person ~igning this offer certifies that:
f1) He is the person in the offeror's organization responsible within that organization for the decision 11s to the prir.f!s heinq
....offertd herein end that he has not participated, and will not participate, in any action contrary to (a)(1) through (a) (3). above; or
(2) (i) He is not the person in the offerer's organization responsible within. that organization for the de<;:ision as to thP. prices
being offered herein but that he has been authorized in writing to act as agent for the persons responsible for aueh decision in certifying ihat
such persons have not participated and wlll not participate, In any action contrary to (a)(1) through (a)(3) above, end as their 11g11nt does
hereby so certify; and (iii he has not participated, and will not participate, In any action contrary to (1)( 11 through (e)(3) above.
4. CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to (1) contracts, (2) ,ubc:intr•crs, and (3) •greemtmis with
applicant, who .,.. them#lva performing f«itNally ""i1t«J construction contr11cts, excHding $10,000 which •r• not eumpt from the
pro~i1ion1 of th• Equal Opportunity clau.a.) ,
By the submission of this bid, the bidder. offeror, applicant, or subcontractor certifies that_ he does not maintain or provide for his
employees 1ny segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at ,:ny
location under his control, where segregated facilities are maintained. He certifies further thet he will not maintain or provide for his employ
Ns any segregated f1ciliti11 at any of his establishments, and that he will not permit his employees to perform their services at any loc.ition,
under his control, where •egregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a IJreilch of this cer-
;fication is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means
1ny waiting rooms, work areas, rtlJ rooms and wash rooms, restaurenu and other eating 1re8S, time clocks, locker rooms and other storage or
dres•ing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing faciliti.is provided for
employees which are segregated by explicit dir'ective or are in tact ngregated on the basis of race, color, religion or national origin, becausi?
of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from propcsed
sulJco:wactors for specific time periods) he will obtain identical certifications from proposed subcontracto" prior to the award of
.ubcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause: that he will retain 5u,;::
~urtifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed
•ubcontrectors have submitted identical certifications for specific.time periods): ·
Notice to prospective aubconcractou of requirement for oertlficatlona of non•;regated facilities.
A C~rtification of Nonsegregued Facilities must be &ubmltted prior to the award of I subcontract exceeding $10,000 which is nM
ex,mpt from the provisions of the Equal Opportunity clause. The'certification may be submitted i:ither for each subcontract or for a1,
wbeontracu during • period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false offers is prescribed;,;' 10 u.s.c. 1001.
1 C:
. '
.•
PART 1V -GJ•:NERAL TNSTRUr.TTONS nAKF40 -82-R-0375
SECTlUN K RF.PRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFEROR (SF 33 (Continued))
K.5 SMALL DISADVANTAGED BUSINESS CONCERN (1980 AUG) DAR 7-2003.74:
is not
(a) The offerer represents that he ( ) is, (X) IKXMt<, a··small
business concern owned and controlled by socially and economically
disadvanta~ed individuals. The term Vsmall business concern" means a small business as defined pursuant to Section 3 of the Small Business Act and
relevant regulations promulgated pursuant thereto. The term "small business
concern owned and controlled by socially and economically disadvantaged
individuals'' means a small business concern -
(1) that is at least 51 per centum owned _by one or more
socially and economically disadvantaged individuals; or.
in the case of any publicly owned business, at least 51
per centum of the stock of which is owned,.by one or more
socially and economically disadvantaged individual~; and
(2) whose management and daily business operations are
controlled by one or more such individuals.
(b) The offeror shall presume that socially and economically
disadvantaged individuals include Black Americans, Hispanic Americans, Native
Americans (i.e., American Indians, Eskimos, Aleuts, and Native Hawaiians),
Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from China, Japan, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories
of the Pacific, Northern Marianas, Laos, Cambodia, and Taiwan), and other
minorities or any other individuals found to be disadvantaged by the Small Business Administration pursuant to Section 8(a) of the Small Business Act.
K.6 _ WOMEN-OWNED BUSINESS (1981 JUL) DAR 7-2003.80: The offerer represents
that the firm submitting this offer ( ) is, (X) is not, a women-owned
business. A women-owned business is a business that (i) is at least 51 percent owned by a woman or women who are U.S. citizens and who also control-and
operate the business; and (ii) is a small business as defined pursuant to Section 3 of the Smull Busines9 Act 3nd relevant regulations promulgated pursuant thereto. Control iri this context menne exe-rcising the power to make policy
decisions. Operate in this context means being actively involved in tne
day-to-day management.
K.7 PERCENT FOREIGN CONTENT (1978 SEP) DAR 7-2003.81: Approximately no percent of the proposed ~ontract price represents foreign content or ef_f_o_r_t ___ _
K.8 PAYMENT ADDRESS: Bidder shall indicate below the address to which pay-
ment should be mailed, if such address is different from that shown by the
.bidder on the Standard Form 33:
Ray Lichtner, Controller
Crime Control & Public Safety
P. 0. Box 27687, Raleigh, NC 27611
16
SECTION K
(SF 33 (Continued))
PART IV -GENERAL INSTRUCTIONS DAKF40-82-R-0375
REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFEROR
K.9 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS (1978 JUN) DAR 7-2003.13:
This procurement is not set aside for labor surplus area concerns.
However, the offerer's status as such a concern may affect entitlement to
award in case of tie offers or offer evAluation in accordance with the Buy
American clause of this solicitation. In orde'r to have his entitlement to a
preference determined if those circU1Dstances should apply, the offerer must
identify below the labor surplus area in which the costs he will incur on
account of manufacturing or production (by himself or his first-tier sub-
contractors) amount to more than fifty percent (50%) of the contract price •
....
Failure to identify the locations as specified above will preclude
consideration of the_ of.f.~~~!. _as __ _! __ l:_abor _s~_rp~~s _a;~~-£~~~rn~ ___ o_g_~Fo_r __ a.gre~5-
that if, as a labor surplus area concern, he is awarded a contract for which
he would not have qualified in the absenc~ of such status, he will perform
the contract or cause it to be performed, in accordance with the obligations
~hich such status entails. ·
K.10 NEGOTIATORS: List name, position and telephone number of authorized
negotiator (s):
NAME POSITION TELEPHONE NUMBER
William w. Phillips, Jr. Assistant to the Secy 919-733-2126
17
PART IV -GENERAL INSTRUCT!ONS DAKF40-82-R-0375
SECTION K
(SF 33 (Continued)
REPRESENTATIONS, CERTIFICATIONS AND OTHER
.STATEMENTS OF OFFEROR
-. K.11 DISCLOSURE STATEMENT -COST ACCOUNTING PRACTICES AND CERTIFICATION
(1978 MAR) 7-2003.67(a): Any contract in excess of $100,000 resulting from
this solicitation except (i) when the price negotiated is based on: (A)
established catalog or market prices of.commercial•items sold in substantial
quantities to the general public, or (B) prices set by law or regulations;
(ii) contracts awarded to small business concerns (as defined in DAR 1-701.1):
or (iii) contracts which are otherwise exempt (see 4 CFR 331.30(b)) shall be
subject to the requirements of the Cost Accounting Standards Board. Any of-
ferer submitting a proposal, which, if accepted, will result i-n a contract
subject to the requirements of the Cost Accounting Standards Board, must, as
a condition of contracting, submit a Disclosure Statement as required by regu-
lations of the Board. The Disclosure Statement must be submitted as a part of
the offerer's proposal under this solicitation (see {I) below) unless (i) the
offeror, together with all divisions, subsidiaries, and affiliates under com-
mon control, did not receive net awards exceeding the monetary exemption for
disclosure as established by the Cost Accounting Standards Board (see (II)· be-
low); (ii) the offerer exceeded the monetary exemption in the cost accounting
period immediate!y preceding the cost accounting period in which this proposal '
_was submitted but, in accordance with the regulations of the Cost Accounting
Standards Board, is not yet required to submit a Disclosure Statement-(see (III)
below; (iii) the offeror has already submitted a Disclosure Statement disclos-
ing the practices used in connection with the pricing of this proposal (see (IV)
below); or (iv) poscaward submission has been authorized by the Contracting
Officer. See 4 CFR 351.70 for submission of copy of Disclosure Statement to
th~ Cost Accounting Standards Board.
CAUTION: A practice disclosed in a Disclosure. Statement shall _not be
deemed to be, by virtue of such disclosure, a proper, approved, or agreed-to
practice for pricing proposals or accumulating and reporting contract perfor-
mance cost data. Check the appropriate box below:
( )I. CERTIFICATE OF CONCURRENT SUBMISSION OF DISCLOSURE STATEMENT(S)
The offerer hereby certifies that he has submitted, as a part of his proposal
under this solicitation, copies of the Disclosure Statement(s) ·as follows:
(i) original and one copy to the cognizant Administrative Contracting Offi-
cer (ACO) (see DOD Directory of Contract-Administration Components (DOD 4105.
59H)); and (ii) one copy to the cognizant contract auditor.
Date of Disclosure Statement (s) : ·--------------Name(s) and Address(es) of Cogni-
zant ACO(s) where filed:
'l'he offerer further certifies that practices used in estimating costs in
pricing this proposal are consistent with the cost accounting practices dis-
closed in the Disclosure Statement(s).
18
:;.
PART IV -GENERAL INSTRUCTIONS DAKF40-82-R-0375
SECTION K
(SF 33 (Continued)
REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFEROR
(X )II. CERTIFICATE OF MONETARY EXEMPTION
The offerer hereby certifies that he, together with all _divisions, subsidiaries,
and affiliates under common control, did not receive net awards of negotiated
national defense prime contracts and su~contracts subject-to Cost Accounting
Standards totaling more than $10 million in his cost accounting period immediate-
ly preceding the period in which this proposal was submitted. The offeror fur-
ther certifies that if his status changes prior to an award resulting frGm this
propo_sal he will advise the contracting officer immediately.
CAUTION: Offerors who submitted a Disclosure Statement under the filing
requirements previously established by the Cost Accounting Standards Board
may claim this exemption only if the dollar volume of CAS-covered national de-
fense prime contract and subcontract awards in their preceding cost accounting
period did not exceed the $10 million threshold and the amount of this awarci'
will be less than $10 million. Such offerors will continue to be responsible
for maintaining the Disclosure Statement and following the disclosed practices
on CAS-covered prime contracts and subcontracts awarded during the period in
which a Disclosu~e Statement was required.
( )III. CERTIFICATE OF INTERIM EXEMPTION
The offerer hereby certifies that (i) he first exceeded the monetary exemp-
tion for disclosure, as defined in (II) above, in his cost accounting period
immediately preceding the cost accounting period in which this proposal was
submitted, and (ii) in accordance with the regulations· of the Cost Accounting
Standards Board (4 CFR 351.40(f)), he is not yet required to submit a Disclo-
sure Statement. The offerer further certifies that if an award resulting from_
this proposal has not been made within 90 days after the end of that_ period he
will immediately submit a revised certificate to the Contracting Officer, in
the form specified under (I) above or (IV)_ below, as appr_opriate, to vertify _
his submission of a completed Disclosure Statement.
CAUTION: Offerers may not claim this exemption if they are currently_
required to disclose because they were awarded a CAS-covered national-defense
prime contract or subcontract of $10 million or more in the cu:r"rent cost ac-
counting period. ·Further, the exemption applies only in connection with pro-
posals submitted prior to expiration of tne 90-day period following the cost
accounting period in which the monetary exemption was exceeded:
( )IV.· CERTIFICATE OF PREVIOUSLY SUBMITTED DISCLOSURE STATEMENT(S)
The offerer herby certifies that the Disclosure Statement(s) were filed as
f-ollows:
Date of Disclosure Statement(s): ------------Name ( s) and Address(es) of Cogni-
zant ACO(s) where filed: ~-
Th~ offeror furthe~1tertifies that rractices used in estimating cost i? pric-
ing t1Tis proposal are consistent -with the cost accounting practices disclosed
in'"the D-isclcisure'" Stat~ment (s). ·
(End of provision)
19
..
PART IV -GENERAL INSTRUCTIONS DAKF40-82-R-0375
SECTION K
(SF 33 (Continued)
REPRESENTATIONS, CERTIFICATIONS AND OTHER
. STATEMENTS OF OFFEROR
(b)
or Less.
vision:
Cost Accounting Standards -Exemp~ion for Contracts of $500,000
In accordance with 3-1204.l(a)(vii)(A), insert the following pro-
.
COST ACCOUNTING STANDARDS -EXEMPTION FOR CONTRACTS OF $500,000 OR LESS
(1978 MAR)
If this proposal is expected to result in the award of a contract of $500,000
or less, the offerer-shall indicate whether the exemption to t-he Cost Acc·ount-
ing Standards clause (7-104.83(a)(l) under the provisions of 4 CFR 331.30(b)
(8) is claimed. Failure to check the box below shall mean that the resultant
contract is subject to the Cost Accounting Standards clause or that the offeror
elects to comply with such clause.
(X) The offer hereby claims an exemption from the Cost Accounting Stan-
dards clause under the provisions of 4 CFR 331.30(b)(8) and certifies that· he
has received notification of final acceptance of all deliverable items on (i)
all prime contracts or subcontracts in excess of $500,000 which contain the .
Cost Accounting Standards clause, and (ii) all prime contracts or subcontracts
-of $500,000 or less awarded after January 1, 1975 which c~ntain the C~st Ac-
counting Standards clause. The offeror 'further certifies he will immediately
notify the Contracting Officer, in writing, in the event he is awarded any other
contract or subcontract conta.ining the Cost Accounting Standards clause sub-
sequent to the date of this certificate but prior to the-date of any award re-
su~ting from this proposal.
(End of provision)
..
20
-~·-· -W:}t"~:'. .· -----------------:s·e11 ·eaxrr-·wr:-,2 ,
;
PART IV -GENERAL IWSTRUCTIONS DAKF40~ 82-R-0375
SECTION L SOLICITATION INSTRUCTIONS AND CONDITIONS
1. DEFINITIONS.
lu u,,d h~rrin:
(a) Tbr trrm .. ,olicita1ion" mean, lnvi1ation fnr Bids ( IFB) when·
1hr prorwrrmrnl is ad .... rii,,·d. and R,·qur11 for Prupuul (Rf Pl .whrrr
1hr procuren.tnl u nr,:ouall'd.
(b) Thr trrm "olfrr .. mran1 bid wh,·rt' 1h,· procun·mtnl i1 advrr•
1i1rd, and propo1al wh,,., tht procurrment is ntgo1ia1rd.
(c) For purpo1r1 of this 10lici1&1ion and Block 2 of Standard Form
33, &ht 1,rrn "adv,-ru .. ·d'" includr1 Small 8u1inru R,·11ric1rd Advrr•
1i,in1 and 01h,·r IYJ><'I of rr11ric1td advrrti1in,:.
2. ,1tel"ARATION Of OFFERS.
(a) Offrror, a~ rxixcird 10 examine tht· drawings, 1pecifica1ion1.
Schedule. and all in11ruc11on1. Failure to do 10 will be al offrror'1
rislr..
(b) £arh olf,·ror ahall furnish 1hr information n-quirrd b, •lhr
1<,lici1a1ion . Th, offtror 1hall 111n the-1olici1a1 ion and print or IYP<'
h,s nam,· on the-Sd1t·duh· and rad, C.:on1inua1ion Shrrt 1h,·rt-o! on
--~~~-1i,,;-""""'~~~~-'~"ht.~~~.,~~ (.,""t.--\ ~ll\l "" il\m•\.,a
bo/ \hr prnon ~•inin~ '1hr offrr. Oft,-n 11,:n,·d by an ag,·nt an· 10 br
.accornpan,rd by f'"idrncr of hi1 authority unlru 1uch f'vidrnc,· lla1
bfotn prr.,iou1ly furni1hrd lo 1hr iuuing Dfncr, '
( c) Unit prier for each unit off tri·d 1hall br 1hown and 1uch prier
thall includr packin11 unlr11 01h r rwi1r sprrifi,·d A total 1hall bt-rnltrrd
in 1hr Amount colurnn of 1hr Schedule for rarh itrm oA'rr-,d. In cur·
o( d,ac~panry bt-twrrn a unit prici· anJ ,·atrndrd prier, thr unit prirr
will be-prraumcd lo ~ corrrct, 1ubj,·ct, howt\'rr. 10 c:orrrclion 10 thr
um-. •·a,rnt and in 1he umr mann,·r as any 01h,·r mis1altr.
(d) Offer, for 1upplic1 or 1,·rvicl"I othrr than tho,,· ape·rifitd will not
br consid,·rtd unlru authorized by 1he 1olirica1ion.
(r) Off,ror rnu•t ttate a dcfinitr timr (or drli.,rr)· of 1uppli1·1 ur
for performance: of seC\·icra unlcu othu'Wisr 1prcifird in I.hr IC>licit.ation.
lfl Tim•. if 1u1N1 u a numbrr ol dan, will include S&hardays,
S .. n.iaH and b;>ld~,.._ , , : c~ boa.,~ &ft' lot eo-~a, .... -~.
). t:\""lu,.AnoN TO on-t'll\.~ A.•• "-~,:;.,..,. ~ .., a:,
,,-t,·,-v,· ~...;. • ..._ It)..• -~). ~ >N ·•~~UN ~ ~ -.:>IO:--a~"U\
,t\,~. '"I' ·"""'·•~...._O,"-'''-~ -•~ h._ ~~~1'1.-.,:_ ,.Pl ~TtU•1'1. ~ ~t),, w~•-"'"' ~ ,n,, .. , ..... ""' ~ "4"f'~ "'".._.._ ~N',."' ~-n-."" ™ .. ~
"'''"""' "" 1'1,,•,r ~+I'\ 0,-•\ +"-t>),,,,,_, t,, ,n,11,,,·1w-,,, s;;,o+11 'hc-fGN'
tht ..... ,rt! ,ot 1hr ,·011\r&CI ... ,n "01 b.· btndi,\J An, ,nfc!Tftllh.)l'I •""'n
10 a prot?<"Cl1vr oR rror concrm,nj! a 1101ici1a11on will hr Cuma.hrd 10
all proip<"tltvc ofl'tror• u an amrndmenl of thr 10hci1a1ion, if .•':'ch
informauon ia necruar-, 11.1 offrrors ,n 1ubm1111n11 ofl'rn on 1hr 1olir11a-
tion 11r if the lad of such infonnation would be pri·judtCial to un•
inforrnrd ofl'rrors.
4. ACKNOWLEDGMENT OF AMENOM£NTS TO SOLICITATIONS.
R.ctipl ol an amrndmtnt 10 a. 101ici1a1.i011 b,· an off ~ror m."'.' br
a,-~,._, .. ~.....,rt"<I ia ' h M£"'t'\$ a....:i ,....-~,...,-,. •~ •~t.. ,~ ,c,,,.
"6'9 , ...... ..., ~lal',la"! J.....,. ,, H \f'\ t-, ""•~ W ~-~_,,~
••. , ....... .i ... ,~ .. , "'"" .. , ...... , ...... -... , ......... , ....... , •• , ... --. ..
h\1 """• It'' --' ,"1 ••'I I •
&. IU8WIHION or Or?TII~.
I I I I '\jt·~, ...... ~ ,...,.._c,..._ ., .. ~, 1+,,~""'4 M,1~ N ....,, ... --.i le .... 11,j
rn,cl..>~• •nJ ,lj Jtn ><J "' thr oA>,,. lp<'Cil\N:l 1n lh,· w hcllation. Thr
offeror ahall show the hour and datr 1pccifird in tht 10lic1tation for
rrcript, 1hr 1olici1a1ion numbc.-r, and 1hr 11amt and addrc11 of 1hr
olfrror on the face of the en11elope.
(b) Ttlt~raphic offtn will not be,, contidr~d unleu authoriard by
the IOUC'itauon; llo~·u . olhn sna,· b, modifiN! w wilhdrawn by
WTium or 1rltguph1e not.ice, pro--idr-d 1uch no11cr ia rKrivN! prior co
1hc hour and elate 1pccifltd for rr-ccipt. (Howrvn, It!_ pararraph, 7
and 8.) ·
.(t) Sampltt of items, when required, mull be 1ubmiuc:d within the
time specified, and unless othtrwi,r 1pieifitd by the Covrrnmcnl, al
no upcntt 10 the Covrmment. If not dc11royrd b.,-1e11in11, sample,
will be returned at olicror'1 re-que11 and •~nac. unlru othcn,,iee
1pcci:,ed "Y· the_ solici1acion. ·
6. FAILURE TO SUBMIT OFFER. H 1111 ,.ITrr i, 111 he i.ubmiurd, dn
not rtturn the soliri1a1iun unlru nthrr .. iac spcr'ifi<'d. A ltller "' 111.1••·
carci shall l>e tent 111 tht iuuing office advi1in~ whtther future 1<1lir-
i1a1ions for the 1yp,· o{ ,upplit1 nr srC\·ircs C11\'CT<'d by 1his 111li, itation
arr deairrd. Failure 11( the rtcipient 111 nffrr, or 111 nntily 1h,· i•i.u in!(
,.ff',ce that luturr solici::11ic,n1 arr desirrd, m:ay rrsult in rrmuv:al 111
11,c n3mr .. 1 iuch rrcipirnt.lrorn the mailint list fur 1hr typ<" n( ,upplies
.,, ,ervicea ,·a.·rred by 1hr soliri111ion.
-........... _.,-__
?t
-t
7. LAT£ ■IDS, MODIFICATIONS OF Bll)S. OR WITHDRAWAL Of
810S.
(a) Any bid n•criHd 11 1hr offi, ,. dc·1i1n~11-d in 1hr aulicitativn
the· ru, I 1imr 1µr1 ifi,·d for rrcript will not bt-COl\sid .. ~d unlr
r,·n ·i.,rd brfnrc· award is mad,· and r llhrr:
( I ) h wa1 1rn1 bi· rt,iis1.-rcd or ccrtifird mail not lah·r
fihh cal,·ndar day prior &o lhl' datt· •~cifird for th,. '"'' 1 of hid,
(,•.,., a bid 1ubmi11ed in raponsr 10 a 1olici1atio11 re-quir' ,: rrccipt of
bids by th,· 20th ol &he month must havr b.·,·n maili-J y 1h,· I ~th or
nrlin); or
( 2) It wu lf'nl b)· mail ( or trl,·1r:am if au rizrd I and it i•
dt'lerminrd by 1hr Covernm,·n1 that thr lair rr•rt· 1 w&a due aol, I)· te,
mi1handltn11 •by 1h1• Cov,·rnrnrnt aftrr r,•crip at 1hr Ct>'·rninwnl in11alfa1ion
(b) Any modifira11on or withdrawal u( a
condi110N as in (a), abov,·. 'A bid m
by a biddrr or hi1 authoriz,·d rt·pn· • prund,·d hu id,·n1i1-. is
mad\' _li.nowll and hr l'IIU .. t (\'(\'\~, "' \ .. "-'' IMII) 1( I~• "'\\~-.
ilth•••I Iii h\ad,· ~""' lo Ill, H•• I r>-<ripl ol \!id,
( c) Th,· Oftl \' accrp1ablr e,·i 1 11h ;
(I) Th,· date• of ma,lin. a l:a , nudifi,·atinn. or w1th•J1aw:a l
acnt ,•ithrr h>· r•·1is1rrrd u ,·d ad u thr US. Puual Sc-rvin
postmark o,n both 1h,· _ruv ·lo rr and on th .. ori11m~I rrn•ipc
from 1hr l: .S. P011al Sc· ell rr JII.IUmark 1how1 " lr111hl,· datt
1hr bid, modific'at,un, or w, wal shall br dr, m,·d lu h;o, ,. b,-ri;
rnailed lat,·. ( Th,· 1rm1 " ,umark · me""' a prinird. 11amp,·:J ... , o1h..r-
w11e plar,·d. 1mprru1u 1·xclu11n of • poua11,· ,.,. ••·r n,arh,n,· ir·prrs•
110n). that II rrad1h ,·nufiabl,· w11huu1 liir1hcr •• 1i .. n "' h~, m11 brrn
1upplll'd and affix on th,· datr of m.t1hn11 b, r111pluwr, uf 1hr l,;.Ci.
Posul Srrvicr. er~fo_n·, oA'nors ahuuld requnl 1h,· l,IUS:•I clrrk tu
place a hancl crllahon bull'a-cyc "po1tmarli." on both the ncript
and the env pe or wrapper.) ·
(2 i T timr of ~cr1pt at thr Go,.,rrnmrn• ,nsullati-is 1hr timt-<lair ta:np ol sud, in"al~119n on u,, b..i wr .. pper o, ~,
doc..-:.a.I" r,,.drn. r ol ncnc,c m.ai.n~ ~ 1h.. ~..,.
.:laaa.,c..."'4 ·.a Md I!) -..i &il,• ,.....,.... ... a ..,,. ...,,,,.1,..
&:'f C'f~•:a:: 1..-.:.t.-.f.a. :-ac. ..-:.cr ~ a:s Y":':ILC -.,y.,w
-Z.:, :t,~ G,_~,-..... t ':r" ~--C, Ki .-• ~ r, .C. , ..
·:¥CC ~I\= 1r.a, '!IP -~
~""' T).c = "'tt~a~-=-~ -...~
&. UTt ~ALS, YOOIFlCATK>HS Of ~\.$,
Wl™C>RAWALS OF ,ROPOSALS.
(a J A/\Y propoul rtCl·ivtd at \hr offirr de1iirn,11rd in 1hr s <>I•·
,ion art,·r the rxan ume 1prc1fic·d for rrcc·1p1 "'.,, 11111 br ro 1drr,·d
unless it is rrrcivrd ~forr award i1 n1adr. and:
( I ) It wu 1rn1 b)' rrgmrrrd or crrtirird m.t1 i 1101
fifth ral,·ndu dav pnor to 1hr date 1prcifird for ,,., ,·ipt
an offa 1ubmittrd 1n rcspon,r to a 10lici1at.ion rrqui ,c rrrripr ol
oF.rn b,-lhr 20:h o/ tbt monui nows1 Iii.aw-br-,-a aa.:\r: bt L!,,-J}t.h w ..... ~-,
1: 1 h ••1 _..., to, -•• I.., '°"""".., c( ,h•h'''"'"''-' ~, '"'• ,:,•\•i.u,,.,.,, '"•' ,~, l,1,•
h• Wi11h••hthn1 "' ,h.e , ;,.,., 1Hl\♦ n• ahC'1 ,, ,
ttt.u•U&th'". ,,,
1, I h " 11\r '"'" ....,......,_, ""'♦' ,...,.i ,~\ -~•t ..__.,_, ~ • Pf"\>9'>.a/ r "P' a ttiou,flcation rn..ltin~
'"'"' thr Con1rac1tn1 Offir.,r'1 rcq··t,,-11 and final" offer, is 1ub-jrc1 Co the· ■amr condition, as in I I d (a) (2) of thia provision.
( c) A modification rcaultina e !'ltrac1in11 Officrr'a rrqur11
for "b<·11 and final" offer r~· tirnr and da1t 1pecificd in the rce1ut11 will 1101 be cu c received before award and
1hr btr rKtip1 is dut o m a dling by the Govrmmrn1 altrr
l'ffeipt a\ lbt C-emrn on. ·
:d) The only ace • er to e11abli1h : ·
(I) The datt of of a latr prop01al or modification 1tnt
either b)' rcgi11rrrd or rr d mail is thr U.S. Poatal Service pc,at•
mark on both 1hr en" ope or wrapper and on 1hr original rruipt lrom
the lJ.S. Pou.al Srr er. If nl'ithrr ponmarlt ahowi. a ltK'ible da1,7'1he
propoul or modi ation 1hall be dninrd 10 have bern mailrd lair.
(The ttrm "pot ark" mun1 a printed, Jtamprd, or othrrwi>r. 111.acrd
imprtuion (e usivr of a postage mettr machinr iniprru,on I that i,
rudily iden · ablr without furthl'r action a.a havin~ bern aupp!:,d and
affiud on c da1~ of mailing by rmploy,:rs of lht U.S. PNt~I Service.
Thrn·for , oll'eron ahould rrquf'sl the po11al clerk 10 pla,·,• a hand
c.anull 10n bull'a-cyc "po1unuli" on both the receipt and ,:,c envelope
or w pper.) · -_
• ( 2 l "Inc 1i111e of receipt at the Covem~nt in1talliiion i, Ole
t' ~-datt ,ump_ of such in1,alla1,on on the propos.al '!"rapprr or other
ocum<·ntar-,· ev1dencr of receip_t ~ainllinrd by the inna::auon. y -ST.U.OA•o ,01t11 l)-.A (ltw. 1-78)
Pmcribrd by C.SA, PPJ. (41 CPll,l 1-16.111
(e) Notwi1J11tandin1 (a), (b), and (cl, o( 1hi1 pro¥iaion, a 111,
modlflc11ion ol an othrrwiK 1vc-ccu(ul propo.al which make, ita 1trm1
mort faworabl, IO the Govnnment will aiducd at any timr it ii
• rcccived and may be accrptrd.
• (f) Propcll&l1 may NJ-ftccittd II an)' timr p r 2
penon by an offeror o tho
. identity ia -de known h · a
-to award. .•
or tclqraphic notice
may be withdrawn in
ntatin, provided hi1
ccapt for the propoeal prior
--Nou: Tlae term "1dep-am" induda .mlillftllll. · ·
Nau: TM alternate late pros-al,, modi6cationa ol f.ropoula and
willwlrawala of p,opcll&la provilion preauibecl by 41 CFll -S.102-2(11)
-: ahall be ued ill lie11 of proviaaoo I, if epecified by tbe contract.
t. DIICOUNTI.
(a) Notwitha~anding thr (act that a blank ii provided fM a ten (IO)
clay diKount, prompt payment di1COunt1 offered for payment within
lru tban twenty (20) calendar day, will aot be conaidcred in "aJu•
atin1 offen for award, 11nlaa otbrrwiR apcci6ed in the 1olic.itation.
However, offered diacounu ol atu thu 20 daya will be taken i( pa~··
lftf'nt ia madr within the diacount period, ewn thou1h not conaidcred
in thr cval11ation of off en.
(b) In con11rction with any di1cou11t ofl'crrd, tim• will be computed
~=p!:~ ~,/:~";,I., Di 'llr::ro;~:ri .. !:t:."de':i~ nation or pon o( em i w v ancl acceptance art at
f'ithcr of lho■f poin11, t r ct inYoice or voucher ia
rrcci..ed in &Jlc oftice 1 · i6r &h mmrnt. if thf' lattf'r datf'
ia latf'r tha11 date o( delivery. Payment ii deemed to be madf' (or 1hr
purpoK ~ rarnin1 1t,t-diacount on thr date of mailin11t of &Jae C-cm•
men& check.
10. AWARD o, CONTltM:T.
(a) The contract will ~ awarded 10 lhat {#tpONibl, olreror whotf
offer con(ormin, 10 1h .. 10l1eilation will lw moet advan1agco1a1 10 the
GoYc:rnm,nt, pncr and nthn facton con1idt-red.
(b) Tht Government rurrvca ,h,. ri,nt to nject a11y or all offHa
and to waiw in(ormali1i,, and minor irrepl&ri1ic1 in offt-n rcceiYCd.
(c) Tht Oovc-mm,nt may at:ctpt any itc-m or rroup of i&cm• ol any
offer, unla1 1ht-offtror qualilica hit offer by apccilic limitation,. UN-
LESS OTHERWISE PROVIDED IN THE SCHEDULE, OFFERS
MAY BE SUBMITTED FOR ANY QUANTITIES LESS THAN
TIIOSE SPECIFIED, AND THF. GOVER.b,MENT RESERVES
THE RIGHT TO MAKE AN AWARD ON ANY JTEM FOl\ A
QUANTITY LESS THAN THE. QUANTITY OFFERED AT THE
UNIT PRJCE.S OFrtRI.D UNLESS THE. OFFEROR SPE.CJFJES
OTHER. WISE IN HIS OFFER.
(d) A wrillen award (or Accrptanu of Offtr) mailed (or othf'r•
wiac fumiahed) to the 1ucce11/ul otieror within the time for acuptancr
1pcci6ed in tht off er ,hall br drc-mrd to rcault in a bindin1 contract
withou1 further action by either pany.
_ The followin1 paragraph, ( t) throu1h (II) apply only to ne,otiated
aolicitat,iona:
(e) Thr Government may acc,pt within thf' time IPfCified therein,
any olfcr (or part thereof, u provided in (cl aboYc). whether or not
thert arr nrrotiatloN aut.rqurnt to it, ffuipt, 11nlf'u "the olftr ia with•
drawn br writtrn notice rtteivtd by lht Covtmment prior to award.
If 1ub.equen1 nt-,01ia1ion1 art-eonducttd, &hey ,hall not conatitutr a
ttjccuon or counter offer on the part o( t.ht Government.
(() The ri1ht i, ruc:rvrd to accc-pt othtr than thf' lowcat offer and
to rrjc:ct any or all off en.
(1) Tht Govcrnm,nt may award a eo11rract, baaed on initial oflen
ttc-civrd, wilhoul diacu■ion of 1uch oflcra. Accordingly, each initial
olicr ahould be aubmiued on the moat favorable term• from a price
_and &cd\nical 1tandpoin1 which the offeror u.n aubmi1 10 the GoYCrn•
mcnt.
(h) Any financial data 1ubmit1,d ·11ti1h MY olfrr hereunder or any
repra,n1a1ion conc,mina fac:ilitic-1 or 6na.nci111 win not form a s,.n
ol any rc1ultin1 contract ; providrd, howCYCr, th~, if 1h" rc1uhin1 cor,,
tract contain• a clauu providin, for P.rice reduction for defective coat
or pricin1 data, 1hr contrac1 pnce will be 1u1'jrct to reduction I( caet or pricin1 data fumiahed hcrcundtr ia incomplete, inaccurate, or not
currcnL •
11. GOVERNMENT•FUIINISHED PROPEJt'l'Y. No material, labor. or
facilitiea will be furni1hed by 1hr Govcmnieni unlcu otherwilc-pro-
Yided for in the aoliciution.
12. LA9011 INFORMATION. GeneraJ information rc1ardin1 the ft•
quiremen&a o( &he Walah-HtaJey Public Contrac&a Act .l4l U.5.C.
:I~-4~1. thr t;,mir•rt Work llt1ur• S1anriarrl, Art !40 lU,.C: :\.'.l-'.\30),
and ,1,,. Srrvir, c; .. ,.1rar1 Art "' I 9b'.1 r ·ti U .S C '.P1 I :t'., 7 I may lir
oht~uu:.d,. frun1 thf' l>rpartmrn1 .,r I.at .. ,,. Wuhinatun, D.C 111:111, nr
rrom any rr111unal .,ffi,·r 1or th.11 acrnry. ~rqur,u fur inlunn.ttio"-Shnuld
includr-lhr .. ,1iri1a1, .. n rrnmbrr, 1hr narnr and addrru ,,I thr i11uin11t
&!trnry. and a dr.,-~ir•tn nf thr "'PP~ ur sr_r_yicc-,. ·-
IS. 1£LLH'S INVOICES. 1~·~c• ahall be prlPparM "and 101:>mint-d
in quadruplicalr (ont copv-1 i.!f:be marked "~1i~al") unlrs.. other•
wile tpt'cified. lnvoicfl ahall con . 1n the followan,; 1n!ormat1on: C~-
1rac1 and order numbrr (if any), 11,m numben. dtacnpt,on of 1upi,ht1
or .crvicc,, aiffa, quantitir1, unit_ pricn, ~d f&tcndtd lot.ala ._ Bill of
lading numbu and wei1rh1 of ah1pm,n1 w,11 be ahown lor 1h1pmenu
anadt on Go..ernmrnt bill, ol ladin1.
14. IMALL ■USINESS CONCERN. A ,mall bulinn1 conccm for th,
pu,;,c-ol Gov,m""'nl procurcmrnt ia • conc,m, ~ndudin1 i_ta afli\i•
atea, which ia independently owned and opualfd, 11 •ot dominant 1n
1he 6f'ld of OPfration in which it ii 1ubmit1in1. off en on G~crnment
con1rac-11, and can f11nhcr qualify under tht cntrria concrm1n1 num•
~r of cmployeca, anra11tr •11nual n-c,ipt•: or other c.ritcria, u pre•
acribrd by lhf' Small lu1inf'11 Admini11ra11on. (Set' Codf'. of Ftd!ral
lltgulationa, Titlr 13, Part 121 , •• amrndf'd, which con1a1na drtai~d
indu1try d,1inition1 and ftlat,d proc,durea. l
15. CONTINGENT FEE. If th" offerM, bv chcckin1 th~ appropriate
bux provided th,rrfor, ha• rcprc-arnttd that hr haa tmploytd or retained
a company or pcraon (01hrr tha11 a (ull•timr bona fide cmploycf work•
in1 aolf'ly tor tht-olieror) 10 solicit or arcutt 1hi1 contract, or 1h11 hf
har paid or agrrPd to pay any (er, commiuion, pPrctntag<. or brolr.ea11e
fn 10 any company or pcnon c-ontin1f'Ot upon or rcauhin11 from &ht
award o( thia contract, ht 1hall /umi1h. in duplicatt, a complflf Stand•
ard Form 119, Contractor'• Stalfmrnt of Con1in1ent or Othrr Frfl. Jf
offcror ha1 previou1ly furni1hf'd a complfltd Sta11dard Form 119 to thr
ofticr ,uuing 1hi1 aoliritation. hr may acromi,any hi, offrr ""i1h a •irnrd
atalfmcnt (a) indicatin1 when auch complPlfd foMi wu prcvioualy
furniahtd, (b) idrnti(yin1 by numbrr thf prcYioua 1ohcitation or COIi•
1rac1, if any, in connrc1ion wi1h which auch form waa aubmitted, and
•. (c) rcpfftfntin1 that 1hr 11a1rment in ruch form ia applicablr to thia
offrr.
22
16. PARENT COMPANY. A parent company for th, purpose ol thia
olfcr i1 a company which tithrr own, or controla &hr activitica and bui,·
bu1int11 policie1 of the offeror. To -" anothrr companr mt-an1 tht
parPnt company inu11 own at lrall a majority (more lhan 50 percent)
or the votin1 righta in 1hat company. To control another company, 1uch
ownership i1 not required; if anoth"r company ii ablr to formulate,
"drtcrmint, or vt10 buic buain,11 poliq· dtei1ion1 of tht olitror, auch
oah,r company ii conaidtred th, parent compan~ of th,_ olferor. 'J'.llil
control may be caerciacd thn11,1h &ht uw of doaunant m,non1y votu11
righu, uae of proay votin1, c.on1ractual-.rra.n1emtnta, or otherwiac.
17. EMPLOYER'S IDENTIFICATION NUMltfR. (Applicable only to
adveniecd aolicitationa.) The oll'eror thall inarrt in thr applicable 1pacr
on the olf,r form, if hc-haa no parent comfiny. bi, own Employer',
ldrntifica1ion Number (£ . .I. No.) (Ftdcra Social Security Number
-d on Employer'• Quarlcrly FederaJ Tu Rrtum, tJ.S. Treuury
Depanmcnt form 941 ), or, i( he hu a paren, company, the Employer'•
lden1ifica1ion Number of hi• parent company.
18. CERTIFICATION 0, INDEPENDENT "UC:E DffllHillNAnoN.
(a) Thia ceraification on thf offer form ii not applicable to a forcip
offcror aubmitting an oifcr for a contract which rcq11irc1 performance
or ddi .. rry ouuidr th., Uniac-d Statct, i• pou,uiona. and Pueno Jlico.
(b) An ofter will 1101 be c.on1i9errd for award where (a)( I ) , (a) ( 3),
or (b) of the ceni6cation hu been drlrtcd or modified. Whrre (a) (2)
of th, certification ha, been deleted or modified, tht offer will not be
conaid,red for award unleu the olferor fumiu" with the offer a aiped
alatcmen\ which acu forth in detail tht circucmtancea of thr diacloeurc
and the head of thc-asency, or hia dcai,nee. determintt that auch di,.
d01urc wu not made lw the purpoac of rutrictin1 competition.
lt. ORDCR 0, Plt£CED[NC[. In tilt "mt of an inconutency be-
twcrn proviaiona o( .ia r ·11,ncy ahall be ruot..ed
by 1i.,in1 prcccden i t lo : (a) the Schedule i (b)
Solicitation lnllNCti a ) General Proviaicma; (d)
othc-r prvviaiona of lf.l.r.l!Jll:C""Potated by reference er
olherwiae; and (e) .,..
119-325-M Al'PP•FBT
PART IV -GENERAL INSTRUCTIONS DAKF40-82-R-0375
SECTION L ALTERATIONS TO INSTRUCTIONS AND CONDITIONS
(SF 33 (Continued)) AND NOTICES TO OFFERORS
The following provision is substituted for Clause! on the Standard Form 33A:
8. LATE PROPOSALS, MODIFICATIONS OF PROPOSALS AND WITHDRAWALS OF PROPOSALS
(1979 MAR) DAR 7-2002.3: (a) Any proposal received at the office designated
in the solicitation after the exact tim~ specified for receipt will not be
considered unless it is received before award is made; and
(i➔ it was sent by registered or certified mail not later than the
fifth calendar day prior to the date specified for receipt of offers
(e.g., an-offer submitted in response to a solicitation requiring
receipt of offers by the 20th of the month must have been mailed by
the 15th or earlier);
(ii) it was sent by mail (or telegram if authorized) and it is
determined by the Government that the late receipt was due solely
to mishandling by the Government after receipt at the Government
installation; or
(iii) it is the only proposal received.
(b) Any modification of a proposal, except a modification resulting from
the Contracting Officer's request for "best and final" offer, is subject to the
same conditions as .in (a) (i) and (ii) above.
(c) A modification resulting from the Contracting Officer's request for
"best and final" offer received after the time and date specified in the
request will not be considered unless received before award and the late
receipt is due solely to mishandling by the Government after receipt at the
Government installation.
(d) The only acceptable evidence to establish:
(i) .:the-date of mailing of a late proposal or modification sent by
registered or certified mail is the u·.s. or Canadian Postal Service
postmark on the wrapper or on the original receipt from the u:s. or
Canadian Postal Service. If neither postmark shows a legibl~ date,
the proposal or modification of proposal shall be deemed to have been
mailed late. (The term "postmark" means a Pt:inted, et~ped, or _
otherwise placed impression (exclusive of a postage meter machine
impression) that is readily identifiable without further action as
having been supplied and affixed on the d-a·te .. of ·mailing by employees
of the U.S. or Canadian Postal Service. Therefore, offerors should
request the postal clerk to place a hand cancellation bull's-eye ·
"postmark" on both the receipt and the envelope or wrapper.)
23
..
. . .
·1
PART IV -GENERAL INSTRUCTIONS DAKF40-82-R-0375
SECTION L ALTERATIONS TO INSTRUCTIONS AND CONDITIONS
(SF 33A (Continued)) AND NOTICES TO OFFERORS
(ii) the time of receipt at the Goverrunent installation is the
time/date stamp of such installation on the proposal wrapper or
other documentary evidence of receipt maintained by the
installation.
(e) Notwithstanding the above, a late modification of an otherwise
successful proposal which makes its terms more favorable to the Government
will be cons:t..dered at any time it is received and may be accepted.
· (f) Proposals-may be withdrawn by written notice or telegram received
at any time prior to award. Proposals may be withdrawn in person by an offeror
or his authorized representative, provided, his identity is made known and he
signs a receipt for the proposal prior to award.
NOTE: The term "telegram". inciudea mailgrams.
The following provision is substituted for subparagraph (b) of Clause 9,
Discounts, on Standard Form 33A:
9. DISCOUNTS (1971 NOV) DAR 7-1902. ll.:
9(b) In connection with any discount offered, time will be computed
from the date of completion of performance of the services or from
the date correct invoice or voucher is received in the office spec-
ified by the Goverrunent,-if the latter is later than date of
completion of performance. Payment will be deemed ,to be made for
the purpose of earning the discount on the date of mailing of the
Govermnent check.
NOTE: Any discount offered will apply to all contract price adjustments
including those adjustments necessitated by the Government_exercising contract
options. The amount of any price adjustment will be negotiated without regard
to discounts. Ro amount will be included to compensate for discounts which may
be earned.
The following provision is substituted for Clause 19 on Standard.Form 33A:
19. ORDER OF PRECEDENCE (1973 APR) DA~ 7-2003.41:
In the event of an inconsistency hetween provisions of this solicitation,
the inconsistency shall be resolved by giving precedence in the following
order: (a) the Schedule (excluding the Specifications); (b) Terms and
Conditions of the solicitation, if any; (c) General Provisions; (d) other
provisions of the contract, when attached or incorporated by reference;
and (e) The Specifications.
24
..
PART IV -GENERAL INSTRUCTIONS DA,KF40-82-R-0375
SECTION L ADDITIONAL SOLICITATION INSTRUCTIONS AND CX>NDITIONS
L.20 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER REPORT.ING (1980 DEC)
DAR 7-2003-90: In the block with its name and address, the offeror should
supply the Data Universal Numbering System (DUNS) Number applicable to that
name and address. The DUNS Number should be preceded by "DUNS". If the
offeror does .not have a DUNS Number, it may obtain one from any Dun and
Bradstreet branch office. No offeror should delay the submission of its
offer pending receip~ of its DUNS Number. ~-
L.21 TYPE OF CONTRACT: Firm Fixed Price
L.22 FULL AMOUNT OF SERVICES: No award will be made for less than the full
amount of services being solicited.
L.23 STANDARD INDUSTRIAL CLASSIFICATION CODE: 7549
L.24 INQUIRIES: Bidder is responsible for obtaining clarification of any
questions that may arise regarding this solicitation prior to submit~ing offer.
25
SECTION M
PART IV -GENERAL INSTRUCTIONS
EVALUATION FACTORS FOR Al?ARD
EVALUATION FACTORS
DAKF40-82-R-0375
M.l. The offer shall be evaluated as to price. No consideration will be
~ given to any prompt payment discount offered. See faragraph 9, Section L, .. entitled, ''Discounts"·. . •.
AWARD FACTORS
M.2. A· single a~,ard is..expected to be made to the North Carolin~_Department
of Crime Control and Public Safety in keeping with the evaluation factor
cited above.
M. 3 DISCOUNTS (1982 JUN) 7-2003. 35: Paragraph 9 (a) of ~tandard Form 33-A, "Soli-
citation Instructions and Conditions," is deleted, and prompt payment discounts·.
will not be considered in the evaluation of offers. However, any offered dis-
count will form a part of the award, and will be taken if payment is made within
the discount .period indicated in the offer by the offerer. As an alternative
to offering a prompt payment discount in conjuction with the offer, offerers
awarded contracts may _include prompt payment discounts on individual invoices.
26
,,.
'
AFZA-EH-EE
Hr. William W. Phillips, Jr.
Assistant to the Secretary
Department of Crime Control & Public Safety
P.O. Box 27687
Raleigh, NC 27611-7687
Dear Mr. Phillips:
20 August 1982
We are returning both ·copies of the Cooperative Agreement for Secretary Clark's
signature. Because of a typographical error in the Commanding General's
signature block, we took the liberty to retype the document prior to hie
signing. No changes were made in the text.
Request you obtain Secretary Clark's signature and return one executed copy
for our records.
Sincerely,
1 Incl RALPH A. LUTHER
as Colonel, CE
Director of Engineering and Housing
COOPERATIVE-AGREEMENT
This Cooperative Agreement is entered into effective the First day of
August, 1982, between the North Carolina Department of Crime Control and
Public Safety, {hereinafter Department) and Fort Bragg, North Carolina
(hereinafter Fort Bragg).
1. The Department, in consideration of the benefit to North Carolina
health and environment resulting from the cleanup of the contaminated soil at
Fort Bragg, North Carolina, agrees to accept from Fort Bragg PCB contaminate d
soil and incidental vegetation {hereinafter PCB material) into the PCB
1 and fil l to be developed by the Department in Warren County under the
following terms and condi tions:
(a) The PCB material to be accepted is limited to the soil and
vegetation contaminated by the dumping of PCB's on the Fort Bragg
Military Reservation during the SLU!lmer of 1978 by Robert, Randall or
Timothy Burns. The Department may limit the quantity of material to
be received in accordance with the provisions of paragraph 1.(b).
(b) The PCB material shall be delivered by Fort Bragg or its agents to
the Warren County PCB landfill in accordance with a reasonable
delivery schedule established by the State Project Officer (SPO).
The delivery schedule and maximum quantity of material shall be set
forth in writing by the SPO and shall be communicated to the Army
Project Officer (APO) by telephone immediately upon its
formulation. The schedule shall not require delivery earlier than
seven (7) days after the schedule is comlllJnicated to the APO. The
written delivery schedule shall be hand-delivered or sent first
-2-
class mail to the APO as soon as practicable after it is
formulated. The schedule may be general in nature in order to take
into consideration variables in weather conditions and the terms of
subcontracts. The schedule may provide for specific deliveries to
be scheduled in accordance with verbal communications between the
SPO or his agent and the APO. The schedule shall indicate the
persons authorized to give and receive any such verbal
instructions. The delivery schedule shall specify the quantity of
PCB material which the Depar tment will accept. The Department
agrees to accept as much of the Fort Bragg PCB material as is
consistent with State nee ds and landfiii design.
(c) The method of delivery of the PCB material shall comply with al 1
requirements imposed by federal and state l aws and regulations and
with any permits or approvals issued pursuant thereto. The method
of delivery shall be compatible with the methods of operation of the
1 andfill.
2. The Department shall be under no obligation to accept PCB material
under this agreement if the Department is prevented from doing so by order of
a court of competent jurisdiction, or by other circumstances beyond its
control.
3. Contingent upon the execution of a proper contract, Fort Bragg
agrees to reimburse the Department for its pro rata share of the cost of
l ancffJ~J.J:on~~ruction and opera ti on based upon the actual amount of material
deposited. The Department is under no obligation to accept any material prior
•.
-3-
to the execution of a legally binding and enforceable contract in which Fort
Bragg agrees to reimburse the State for its pro rata share of the landfill
costs.
4. The SPO is William W. Phillips, Jr., Assistant to the Secretary,
Department of Crime Control and Public Safety, P. o. Box 27687, Raleigh, North
Carolina, 27611, telephone: [phone]. The APO is J. Bruce Parker
(alternate: Andrew L. Robinson), XVIII Airborne Corps and Fort Bragg, ATTN:
AFZA-EH-EE, Fort Bragg, North Carolina, 28307 , telephone: [phone].
XVIII Airborne Corps & Fort Bragg
Fort Bragg, North Carolina
ac . Mac mu
ommanding General
XVIII Airborne Corps & Fort Bragg
This the l~J' day of August, 1982
N. C Department of Crime
Con ol and Public Safety
1 ,
e an ar
Secretary, Crime Control
and Public Safety
This the ~day of August , 1982