NCD980602163_20000413_Warren County PCB Landfill_SERB C_State - Ft. Bragg Coooperative Agreement Legal Records, 1982 - 2000-OCR

I of I
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 o riginal 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 o f North Carolina ($445,779). Of the federal share, 13 .7%
was pai d 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 o f last~-~~~-Of that amount, 84.9% went
to the federal government ($2,971 ,500 ) and 15 .1% went to the state
(S528,500). Tech~ically 13.7% of the federal share ($407,095) should
have gone back to the Department of Defense but she has no way of
knowing wheth er that happened.
Pat Backus <pat. backus(cl)ncmail.net>
Environmental Engineer
Division of Waste Management/ PCB Landfill Detoxification Project
North Carolina Dept of Environment and Natural Resources
04/13/2000 9:26 AM
Received: from Spoo!Dir by NRONA0 I (Mercury 1.43); 'fi2" Feb 99 6:04:28 + 1100
Return-path: < [e-mail] >
Received: from www.gov.state.nc.us (149.168.69.15) by WASTENOT.ENR.STATE.NC.US (Mercury 1.43) with ESMTP;
12 Feb 99 16:04:26 + l 100
Received: by goadm02.gov.state.nc.us with Internet Mail Service (5.5.2448.0)
id < l Y8NFJDR >; Fri, 12 Feb 1999 16:04:35 -0500
Message-ID: < EFC99EB3F350D2 I l AF5 l 00C00D002F22040ADF@GOWDC01 >
From: Jim McCleskey <[e-mail] >
To: 'Henry Lancaster' < [e-mail] >, 'Mike Kelly'
< [e-mail] >
Cc: 'Bill Holman' <[e-mail] >, 'Richard Rogers'
<Richard_ [e-mail] >, 'Sherri Evans-Stanton'
< Sherri [e-mail] >
Subject: Warren County PCB Landfill
Date: Fri, 12 Feb 1999 15:52:10 -0500
MIME-Version: 1.0
X-Mailer: Internet Mail Service (5.5.2448.0)
Content-Type: text/plain;
charset= "iso-8859-1"
X-PMFLAGS: 34078848 0
Henry as discussed this AM here, I've arranged for us to meet with
Dept. of the Army in Pentagon at 2PM on Thursday 2/25 to discuss Army
participation in 10% pro-rata share of detoxification project costs.
Rick Newsome, staff to Anny Depty. Asst. Secy. for Envmnnt. Raymond
Fatz, just called to ask for a copy of the original agreement between
NC and the Army for participation in landfill constmction costs.
They can't locate a copy. Mike and [ have talked, and he's getting
this fed-exec( up here early next week to me and to Newsome at the
Pentagon. Thanks Mike!
Sherri, I've also asked Mike to get back to me next Thursday after he
briefs you on the landfill and on the results of the Tuesday meeting
with EPA I Atlanta, to let me know if we nee<[ to get talking points on
this to the Governor during the NGA meeting here next weekend. Part
of the NGA agenda is a White House visit where he may have a chance to
speak to Carol Browner. If there are particular landfill issues
following the Atlanta meeting that are 'ripe' for a mention at that
level let's take the opportunity. If not that's OK too; we can
certainly communicate with her later when it's more timely.
(Also Bill FYI I am doing very brief bullets on CAFOs, Summit and
ozone for Gov to have available for mention to Browner if opportunity
arises.)
·:;_;
;~·• .. "-'~s.H
Jan 14 2001 12:13 P.02
NORTH CAROLINA DEPAATMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Raymond J. Fatz
Deputy Assistant Secretary
for Environment, Safety &
Occupational Health
U.S . Department of the .Army
110 Anny Pentagon
Washington, DC 20310-0110
Dear Mr. F atz:
December 14, 1998
In 1982, the state of North Carolina entered into agreements \\ith 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 Vv"a.Ste
landfilled. The Army paid the state its share for landfill construction and
maintenance costs, \Vhich 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 pennanently 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 land.fill
will be closed and neither North Carolina nor DOD \vill 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 trillion. 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.
. : . . . .
Raymond F atz
. December 14, 1998
Page2
Jan 14 2001 12=14 P.03
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/Vlarren Co. PCB Landfill Working Group Frank Ballance, NC State Senate
~1ike Kelley, V/aste Management
; ;
I
North Carolina Department of
Crime Cont-1Aol tlltllir'7 l!{~
~;. . ~ & Public Safety 1
512 N. Salisbury Street PO Box 276H7 ku/('i:i/1 27(,J I 7t~',/" (J /9; i i i ::!!:.!fJ
James B. Hunt, Jr., Governor
Larry E. Travis, DAC
Contracting Division
Drawer 70120
September 27, 1982
Fo rt Bragg, North Carolina 28307-0120
Dear Mr. Travis:
Enc losed 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 th e 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
upo n 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
co ntract between the Department and Fort Bragg.
(4) Add ition 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.
$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
.3 6
$ 6.11
100 mil es
$ ~00
15
$ 4,165
=4 Buses@ $1.00 per unit
=5 vans@ .35 per mile
=2 sedans@ .18 per mile
co st per mile mileage from Raleigh round trip
15 days
NATI ONAL GUARD -HELICO PTE R COST
$1,069
15
$16,035
cost per day (fuel and crew)
days
HIGHWAY PATROL OUT-OF-POC KET COST
$ 35
94
$ 3,290
15
$4 9,350
$69,550
per diem -per day
t roopers
co st per day
days
To t al Law Enforcement Cost
.. --
:·'-~ ,-.-----------------------------,-,-0·1.-,c·1·T-,.-T-IO_N_N_U_lol_B_ER--D .. AK_F_4_0 ___ 8 __ 2 __ .. R--·o .. 3_7_5_"""f I
f' INFORMATION TO OFFERORS OR QUOTERS □•OV&:HT !SEDfTF8) IDNEGOl"IA.ll:Q(/ff/', '
t · (Section A· Co~·erSheet) □NE<.oT1ATEo(RFQJ
SSUINCi OFFICE (Comp/et• m•illnll 1tddreu lncludln, Zip Co<J•J
Contracting Division
, Drawer 70120
i Fort Bragg, North Carolina 28307-0120
;
i fTEM(•l TO 8E PUl'ICHASEO (Briel ducrlptlon)
X244 -FOR THE USE OF THE WARREN COUNTY. NORTH CAROLINA PCB LANDFILL TO ·DEPOSIT CONT~I-
NATED SOIL REMOVED FROM FORT BRAGG, NORTH CAROLINA.
THIS PROCUR!MEHT 1s, RESTRICTED TO NORTH CAROLINA DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY.
0 UNRESTRICTED [X) SET•ASIOE (Thi• I• •---"• ••l·••ld• /or O Sm•// Bualn•••• D Lab« Surplua Ar•• Concern• « CJ Combined Smell Bualneaa/Lebor Surplu• Ar•• Conceme.J (S•• Section C of th• T•bJ• of
Conranra In th/a ao/lclletlon I« d•t•II• of th• ••t•••lde.)
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 nonresponsive to the terms of solicitations involving awards_of contracts exceeding
S 10,000 which are not exempt from the provisions of 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, Modifications of Bids or Withdrawal of Bids" 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
reverse, fold, affix postage, and mail. NO ENVELOPE IS NECESSARY.
Repl ies must set forth full. accurate. irnd complete infotmation as required by this solicitation (including mtac:hmt.•nt.c.J .
The penalty for mak ing false statements is prescribed in 18 U.S.C. lOCll.
ADDITIONAL. INFO RMATIO N
1. One copy of this Solicitation is for use in preparing your offer. It is to be
retained for yo ur 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.
TEL.EPHONE(Arse Cu<J,•. Nu ... £.Kt.)
~rs. wi -~r ~ontract~ng Division, Drawer 70120
Fort Bragg, North Carolina 28307-0120 919-396-482 7
FORM 1707 FIEPI...ACES 00 FOfH>IS 1706 ANO 1707 WHICH AFIE OaSOI.ETE
l FEB 76
NO
COLLECT
CAL.LS
HO R!SftOHS! ,oR REASONS CHl!CKED
CANNOT COM,.LY WITH s .. ,:c,,.,cATIONI
L--..J.-----------------------------+--1--------------------------.... --:.•--..... --
UNASLI: TO IOENTIFY THE ITEMIS)
OTHI:,. (Specify)
00 NOT ,.l!GULA,.LV MANUFACTURE OR SELL THE TYl"I:
01' ITEMS INVOLVED
WE 00 I I WE 00 NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYF>E OF
ITE:M!SI INYOLVEO
FROM:
TO:
SOLICIT!,TIOH NO. _____________ _
SIGNATURE
TYPE OR-PRINT NAME ANO TITLE OF SIGNER
Contracting Division
Drawer 70120
Fort Bragg, NC 28307-0120
.-
CATI iVIO LOCAL TIMI: _________________ _
.\ F.,: I )I.
SlAMP
•◄ER C
:;;.
lJ AD\IE,.TIHD IIPtll (]J NIQOTIATID l"'"I
I. IS6Uf0 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]
Contracting Division
Drawer 70120
Fort Bragg, NC 28307-0120
,,. «1¥Wrr/Nd prrx:u,_nr "offer .. end "off,ror" ,hell b• con,tru«J ro mHn 'bid" •nd "b;,td,-,"
SOLICITATION
II. SMlec! otten in original ~for harnillhing the supplies or WVice• in the Schedule will be received at the place apecified in block 8. or if handc•"itKJ.
lntM""'"'toryJout«Jin See Block 7 unril 2:3°);;,m, ET loc.ltime20 seg.terober 1982. our/ ( ,.,
If tflll •.., ldwrtlted tolicitation, often will be publicly opened at that time.
CAunON -LATE OFFERS: SH"pari.. 7 and 8 of Solicitation /Mtructions and Conditions.
All offen .,.e subject to tht lollowi!IQ :
3. The Schedule included herein and/c,,.attached lwroto. 1. Tii. lollc:i~tion tn■tructiont and Condition,, Sf 33-A, ( Rev 1-7 8)
edition which is atteched or incorporated h.,ein IJy reference.
:1. The General Provi1ions.)5JDl~hlch ia attached
or incorpcwa1~ h11re1n by ,efer1nc1.
4. Such ocher provisions, representations. ce<tifications, and specifications a, ace
attached or incorporated herein by reference.
(Att•chment1 er, list.cl in sch«lul,./
FOR INFORAiATIOIYCALL IN•-& r,/,phon•no.J(Nocoll.ctcol/u/ ► Mrs. Peggy Wiser, (91.9) 396-3518
TABLE OF CONTENTS
IXI SEC PAGC (XI SEC PAGE
PARTI -THflCHIDUll PART 11 · QEIIERAL P"'OVIIION5
X A CofltrM;t form SF 33 Part I 1 X I Oe,w,el fl',ovi,1ont 8-12
X • Sc.,c,olift;f~n A P,~ 2 PART Ill -LIST OF OOCUMENTI. EXHIBITS ANO OTHER ATTACHMUHS
X C DMcrtptiOfll/So,cif""' .. 110tl 1 X J Lill of Ooc.....,.ntl, Eahibh1 and ottw, At1acivn-,,nts 1 3
~ D '1e"-a-vint ~ M.,.ki"9 l'Aln IV· GENERAL INSTRUCTIONS SF 11
l l"'C)ICttan •nd Acc~••n<:e X IC f R9P,.._,.,,oon,. CM1ificltion, •PIO 01het St«i.~a of Ofle-f'tlp ;:l r t-T 14-20
X , Otli~""' ~ , .. torwr1•nc.e 4 X l lnu,uc:tion, and CondiliOIII and NOtllCfl 10 o, .. ,o ... SF 1'U 21-25 ·-
X 0 Co41tra<I Adm1rlltH,tl10n o,u 5 X .. Ewtu11t0n FKIOr'I fo, AW111rd · 2q__
X H Sp.:.., Prow11;on, 6-7 ---
OFFER (must be fully completed by offerar}
In compli1nce with the above, the under1igned agr&es, if this offer is accepted within 1 0 calendar days (60 c1l1ndar days unl11ss • differ(int period is
in•rr.d by rh, off11ror} from the date for receipt of offers ~pecifitd above, to furnish any or all lterm upon which prices are offered at the price sot opposice each
item, ~1.,..<9<1 at Che designated point(s), within the time specified in the achedule.
16. OISCOUHT FOR PROMPT ~A YMENT IS..-. I. :SI' J:J .... J "See NOTE following para 9b, Section L. 11
__ .. IOCAlFNDAR DAYS. __ .. 20 CALENDAR DAYS. __ 'If, 30 CALENDAR DAYS. __ 'If, __ CALENDAR DAYS
CODE l'ACll/TY CODE ta. NAME AND TITJ.E OF PERSON AUTHORIZED TO SIGN OFF ER .________ ,r.,,., or p,;,,,1
NAM[ ANO [ .o.0DF1ess Department of Crime
!,":,:,-.~;:;. P. 0. Bo x 27687
-z'"'°"'1 Ralei h NC 27611
AREA COO£ ANO ~ELEPt<ON~NO' ►
S]..ch«:it if ~lrUttew ,ddrn, i, diff.,..,., from MJo•-.,..,., wdt «ldfTU ;n $clt«iu1-. K
DUNS NO.:-Control & Publ,~c,_,.-a....,......e-y----1 Heman R . Clark, Secretary
20. OFFER DATE
9-27-82
.. ,. ACCEl'TEO .-s TO ITEMS NUMBERED 2':I. AMOUNT Zl. ACCOUl{TINC ANO APl'ROPRIATION DATA
2122020 76-2016 P200000 2572 S31001
APC:C880 __ CN: 1500
24. SUIMIT IN\IOICES 14 cop-wn/-O"'-•N .-;Jfl11oJ 25. NEGOTIATED l X l 10 u.s.c. 2304 1•1 ' 10 J (1)
27 l'URSUANT TO I I 41 U.S.C. :1621cl I -TO AOORUS SHOWN IN BLOCK I
:16. AOMINIITIREO BY CODE 27. l'AYMENT Will BE LIAOE av CODE Ulo--b-l/ ..
Finance and 'Accounting Office •. .,,.I' •
I
_,, .. -~ Building· Number 2-1120 -·
~~ -~ -------Fort Bragg, N~ 28307 ·•,·
"C'l--· -·-NONE---, -: .. ..
:IS. NAM£ OF COJjTRACTING OFFICER IT~,-or prlltt/ ---29. UNITED STATES OF AMERICA 30. AWARO DATE .· -BY
w. F. 13AREFOOT, DAG. (Sir,n1run, of conm,cring officer)
JJ-1:10 ac f Standard Form 33 P.Jrt \ (REV. 3-771
IE•?"Pticn to SF 33. A-o-bv NARS 9-i5-78l ~lbM! llV GSA, FPR (41 CFRI 1-16.101
AMENDMENT NO. DATE AMENDMENT NO. I 0ATE
ACKNOWLEDGMENT OF AMENDMENTS
The oft..-or ecknowledgel r.ceipt of amend·
menu to tht Sollcl11tle>r1 for off•ra and related
dooumann numbered and dated u follows: -
SECTION B · SUPPLIESISEA°VICES ANQ PRICES
SCHEDULE
ITEJ,t HO.
0001.
IUP"LIII/CEIIIIICEI
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 tei:ms and conditions set
·forth herein.
FOR. THE SUM • •
NOTE: Agreed upon price for specified ser-
vices is based on the assumption-Chat the
Department will be able to accept all PCB
contamiDated material from Fort Bragg, which
is estimated at 9300 cubic yards, swell in-
cluded. In the event the Department deter-
mines, prior tQ acceptance of any material,
that less than this quantity of materi~l can
be accepted, Fort Brag~ may, _at fts option>
terminate the contract at no cost or ~e-
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.11
2
QUANTITY UNIT UNITrRICE AMOUNT
$133,316.17
SUtndard l'orm 33 !REV. l-771
lh"""ioft lo SF 3J. """""1id by PiA~S 9.25.,e,
-
"-
=
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 ju~isdiction, or by
other circumstances beyond its control. ··
C.3. STATE PROJECT OFFICER(SPO): The State Project Off~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 operation of the
landfill.
3
...-----·--.
SECTION F
PART I -THE SCHEDULE
DELIVERIES OR PERFORMANCE
DAKF40-82-R-0375
F.l. 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 acce.pted 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 ConEracting Officer 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 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)
authorizec 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]), )982in accordance with the delivery
schedule provided above.
4
SECTION G
PART I -THE SCHEDULE ·
CONTRACT ADMINISTRATION DATA
DAKF40-82-R-037 5
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
Of ficer'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 recommendations 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 Reg~lation 715-1. Any changes
or modifications to contract performance will be issued by the Contracting
Officer ONLY.
~
G.2 I NVOICES: shall be submitted monthly in original and thrs-e (3) copies to
Finance and Accounting, ATTN: Commercial Accounts, Building 2-1120, Fort Brqgg,
No rth Carolina 28307. Also, furnish two (2) copies to the Director of Engineering
and Housing, Attn: AFZA-EH~EE. Fort .Bragg. NC 28307.
5
PART I -THE SCHEDULE . DAKF40-82-R-0375
SECTIO~ 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,-and local Eaxes 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,
Yritten 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 th,~
rate thereof which would not otherwise have been payable on such
transactions or property, the contract price shall be increased
by the amount of such 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 drawback or, any
such Federal excise tax or duty which would otherwise have been
payable 9n-such transactions or property or wh~ch was the basis
of an increase 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 Government, as directed by
the.Con.tracting Officer. The contract price shall be similarly
~~cte~;ed if the Contractor, through his fault or negligence or
his failure to follow instructions o~ the Contracting .Officer,
is required t~ pay or bear the burden of-or does not obtain a
refund or drawback 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 $~00 .shall be made in the, contract price
pursuant to paragraph (b) above.
(e) As used in paragraph (b) abov.e, the term "contract date" means the
date set for bid opening, or if this is a negotiated contract, the contract date;
As to any additional supplies or services procured by modification to this con-
tract, the tenn "contract date" means the date of such modification.
(£) Unless there does not exist any reasonable basi~ to sustain an exemp-
tion, th: Government -upon the request of the _Contractor ~$hall, w+thout further
liability, furnish e~ence appropriate to establish exemption from any Federal,
Stat~, 2,r local tax; 1-"!:ovided that, e"Vidence appropriate to establish exemption
_from__any F~der..al ~~cise ta~or duty which may give rise ~o either an increase
or decrease in the contract price wili .be furnished only at the discretion of
th~ Government.
6
■Zkti?ttli' !SPi'ZC77:~rrm I tr
PART I --• THE SCHEDULE DAKF40-82-R-0375
SECTION H SPECIAL PROVISIONS (Continued)
=(g) The Contractor shall pr~mptly notify the Contracting Officer of mat-
ters which will result in either an increase or decrease in the contract price
and shall take action with respect thereto as directed by the Contracting Officer.
HAZ.AltDOUS MATERlAL IDENTIFICATION AND MATERIAL SAFETY DATA (1977 OCT)
(a) As u11ed in this clau11e. lt11u,rdous m11i,rilll shall be u defined in Federal Standard No. 313A
("Material Safety D\!3 Sheet. P~paration and Submission of""). in effect on the date of thu con-
tract.
(b) Tbc Con1rae1or shall prepare and submit Material Safety Data Sheet Cfonn OSHA-"!0
( OoD)) in accordance with Federal Standard No. 31 lA for au haurdou, maierial. whether or_
not lilted in Appendi1 A of the Standard. delivered punuant to thu contract or for which per•
fonnance of worlr., uac. handlin1, manufacture, pac1ta1in1, transportation. 1tora1e, inspection or
cliapoul of. or any other ua& after deli'9"cry to the GoYcmment desi1nated destination will involve
upowrc u, hazardous 111a&cri&la or items contain ins ~ucil ~•tcrials. Material Safety Dua Shecu
shall be submitted five ( 5) days prior IO delivery of the material.
(c) The requi,cmenu of thia clau1e. or any act or failure to act by the Govemmenr in surveil-
lance or enforcement of this clauac. shall not aCTcc:t or rcliev~ the Contraetor oC any responsibility
or liability for the safety of Qovcmment or Contractor personnel or propeny. or of any subcon-
tractor or vendor personnel.
(d) Notbins contained in this clauae shall relieve the Contractor from complying with applica-
ble federal. ltatc, and ~al laws. code,, ordinances and rcsulations (includinc the obtaininc of
liccnac1 anci penniu) in connection witb buardous material in the performance of thil contrac:L ..
(e) Co~er1t,..en1's ri1htz ill diJ111 furnuhed i,nder this con1roc1 wi1h tT$pec1 10 hazarrio,u ,n11trrial:
(i) The Government shall bave the riaht to use. duplicate and d1sc:losc any data to which
this clause 11 applicable for the purpoaa of appriainJ penonnel of the hazards to
which they may be capoacd in using. handling. paclta1in11:. transponin&, or dilposin&
of hazardous material& and for medical treatment of tboac affected by such material.
and to have others uae, dup!!catc. and dis.c:loac sucb data for the Govcmmcn1 for
auch purpoacL __
(ii) Such data shall not be_ duplicated, or diKloaed, or rcleucd ouuidc the Oovernment.
in whole or in pan for any procurement or manufacturina purpoac. if the followin&
lc1end is marked on cacb piece of data to which this clause is applicable:
-Thu ii f11miahe1I under Uniied S1a1e1 Govcrnm;n, Conuac:t No.
_____ and 1hall MIi be 11aed. d11plicated or diaclotcd for any procure-
ffiotnt nr manufacuarina pur-poM without the penniaaion of··--·------
Thil lepnd thaJI be marked on any l'ltproductioa hereof."
( End of lcaend,
( iii l The Contractor shall not place the le1end act fonh aboYc or any other restrictive
lesend on any data which the Contractor or any subcontractor previously delivered
to the Government without limitation, or which..Miould be delivered without limita•
1ion1 under the conditions prescribed by the ·• Rights in T~chnical Dato and Co,npuur
Sof,.,.,,,,, .. cl1111e of ASPR 7-l04'.9(a).
(iY) Notwit.hatandin& any C?th~r provision or this contrac;t providinc for righu in data. the
riJhU o( the Government to u1e, duplicate, and disclose data furnished punuant to
tbe requircmenu o( this clause ;hall be as provide-<! by this clause. The CioYernment
ii not precluded from usina similar or identical data acquired from other sources.
fO The Contractor shall insert thi& clause, inc:ludin& thi1'1,ara1raph-((). with appropriate
_ckanru in the designation of the partie,. in any subcontract of any tier t including purchase
· 6a.rnations or purchase o;den) hereunder.which inYolves hazardous ffl!lterial.
'l.nd •I cla•N I
7
SECTION I
PART II -GENERAL PROVISIONS
GENERAL PROVISIONS
DAKF40-82-R-0375
The following Defense Acquistion Regu]ation clauses and p~ovisions, 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.2
I. 3
I.4
I.5
I. 6
I.7
I.8
I. 9
I. 10"
I.11
I.12
I.13
I.14
I.15
I.16
I.17
I.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)
7-103.18(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 1978 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 Adj ustmen-ts 19 70 Jul
Utilization of Small Business and
Small Disadvantaged Business Concerns 1980 Aug
SECTION I
I.19
I.20
·I.21
I. 22
'1. 23
I. 24
I. 25
I,26
I. 27
I. 28
I. 29
I . 30.
I. 31
I. 32
DAR
PARAGRAPH
7-104.16
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
7-104.41(a)
7-104.52
7-104 .15
7-1912
7-1905 (c)
PART II -GENERAL PROVISIONS
GENERAL PROVIS[ONS (Continued)
CLAUSE ''MT-LE
Gratuities
Convict Labor
Utilization of Labor Surplus Area
Concerns
Discounts
Interest
Service Contract Act ot i965,
As Amended
Affirmati-ve Action for Disabled
Veterans and Veterans c! 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
Fair Labor Standard-£ Act and
Serv ice Contract Act-Price
Adjustment
1.33 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
-3.976 Jul
.1974 Oct
.1976 May
1978 Aug
1980 Aug
1975 Jun
1974 Apr
1979 Sep
1978-May
DA.KF40~82-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. lbwever, the
clause does apply to W1priced modifications und-er 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 system
has not been approved by the Contracting Officer and if the subcontract:
~
(i) is to be a cost-reimbursement, time and materials, o.r 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 nlD'.Ilber of··subcontracts, under this coritract, with a
single subcontractor for the same or related supplies or services
which, L.1 the aggregate, are expected 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 Contrac tot"' s cost
or price analysis thereof;
(iv) the subcontractor's current, complete, and-accurate cost or pricing
data and Certificate of Current Cost or Pricing Data, when such data
and certificates are required by other provisions of this contract
to be obtained fran the subcontractor;
(v) identification of the type of subcontract to be used;
10
DA.KF40-82-R-037 5
ADDITIONAL GENERAL PROVISIONS (Continued)
(vi) a memorand1.1Ill of negotiation which sets forth the principal elements
of the subcontract price nego'tia tio~s. 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 memorandum
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 determining 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 sutmitted and a certificate of cost or pricing data was
required, the memorandum shall reflect the extent to which reliance
was not placed upon the factual cost or pricing data subnitted and
the extent to which this data {;as not used by the .. contractor in
determining the total price objective aaj in negotiating the final
price. This memorandum shall al so reflect the ·extent to whi,s h it
was recognized in 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·• shall
contain an explanation of the incentive fee profit plan identifying
each critical performance elemen-e-, 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
Contracting_ Officer, in his discretion, may ratify in writing any sul:icontrftt.
Such ratification s hall constitute the c;~nsenc of the Contr~cting Officer
required 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 C<;mtractor'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 XXIII.
12
-lPFRF-mzare:w·x, ti5i57Ft':r23Wii a ·-e ·:.3
PA.i.,f III DAKF40-82-R-037 5
SECTION J LIST · OF DOCUMENTS, EXHIBITS A}ID OTHER ATTACHMENTS
This document is composed of the following:
DD Form 1707, Information to Offerers, 1 Feb 76
(This will not be included in any resulting contract) . SF 33 Part I, Solicitation, Offer an"d Awar.d, Rev 3-77
Reverse o~ 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
13
(1 Page)
. (1 Page)
(1 Page)
(1 Page)
(1 Page)
( 2 Pages)
( 5 Pages)
( 1 Page )
-( 8 Pages)
.. :;>1:jC'l.1.UN K REPRESENTATIONS, GEEIJFJGAITQNS AND OTH.EB. . .S.IAIEMENX-.Oi..OFFEROR--REPRESENTATIONS, CERTIFICATIONS ANO ACKNOWLEDGMENTS
REPRESE~T ATIONS (Check or compl•tt1 all applicabl• boxes.or blocks.)
The o.fferor represents as part of his otter that:
1. SMALL BUSINESS (See par, 14 on SF 33-A.)
· He O is, [) is not, a small business concern. If offerer is a small business concern and is not the manufacturer of the supplies offered,
hP. ;ilso represents that all suppli~ to be furnished hereunder D will, Ci will not, be manufactured or produced by a small business concern
in I\H! Uni1r.u S1arcs, ii~ pms'!ssion:,, or Pur.rlO Rico.
2. MINORITY BUSINESS ENTERPRISE
He O is, O is not, a minority business enterprise. A minority business enterprise is defined as a "business, at lc,rsl !>O pct cent ul wlirch
is owned by minoriiy group members or, in case of ,e~Besses, at least 51 percent of the sto~k of whi~h is owned by ~inority
group members." For the purpose of this defi m, t g up members are Negroei, Spanish-speaking Amerrci:n persons ,
American-Oriental,, American-Indians, American E o · -Aleuts. .
3. REGULAR DEALER -MANUFACTURER (Applicable only to supply contracts exceeding $10,000.J
He is a O regular dealer in O manufacturer of, the supplies ottered.
4. CONTINGENT FEE (SH par. 15 on SF 33-A.)
(al He □ hu, ~ has not, employed or retained any company or persons (other rhsn II full-time bona fidt1 smployet1 working solely for
th• off.,.or) to solicit or secure this contract, and (bl he D has, t7:has not, paid or agreed to pay eny company or person (otht1r than a fu/1-
rirM boM firh -,r,ployH working 11Clely for the offt1ror) any fN, commisi;ion, percentage, or brokerage fee contingent upon or resulting from
the •ward of this contract; and agrees to furnish information relating to (al and (bl above, as r~uested by the Contracting OHicef•. OntBrpre-
tation of th.,wpfNMlutlon, lncJudl,w t/N twm "bona fld• -,nployH," 1H Cod• of F«ieral R~ulation,, Titl• 4~, Subpart 1-1.5.) . .
5.
of
T'IPE OF BUSINESS ORGANIZATION
He o~ra1ei Js Qap indi~idual, D a partnership, D a nonprofit organization, D a corporation, incorporated under the laws of the State Not Applicabl e -. . ....
6. AFFILIATION AND IDENTIFYING DATA (Appll~bleonly to ad'lflrtis«J «>licitatlonJ.) ~ Appl i cab 1 e.
Each offeror shall complete (a) and (b) if applicable, and (c) below:
(al He O Is, D Is not, owned or controlled by a parent compeny. (Stt par. 16 on SF 33-A.) -
: (bt If the ofteror is owned or controlled by I parent company, he shall enter in the blocks below the name and main office address of
tht l)efent company:
IC iWI.OY 111'1 10fNTIFICATIOH NUMI"' ISEE7AII, II •n U JJ,AI 0 ':SI.I.NO,
7. EQUAL OPf>ORTU~JITY
(a) He []) has, D has not, participated in I prevtous contract or subcontract subject either to the Equal Opportunity clause herein c,r
the clause origlnally contained in section 301 of Executive Order No. 109~5, or the clause contained in Section 201 of Executi\ie Order N•J
11; 14; that he X1. has, D has not, filed all 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 1n
cor,Mction with contracts or subcontrects which are exempt from the equal opportunity clause.)
(bl The bidder (or offerer) represents that (1) he [};I has developed and has on file, 0 has not developed and does not haye on fil~. ~t
each eatablishmont affirmative action programs II required by the rules and regulations of the S.cretary of Labor (41 CFR 60-1 &nd 60-2) ·.),
(21 he D hu 1'ot previously had contracts subject to the written affirmative action programs requirement of the rules and regulations ol !he
Secretary of l.,lbor. (T/HJ abo'19 r9P,-untatlon $hall bacomr,Jeted by Heh biddt1r (or off•ror) whose bid (offtJr) is $50,000 or more •nd who has
50 or mon, emp/oy68$.) ~
CERTlfJCATIONS (Ch«k or complete all appllcable boxllS or blocks)
1. BUY AMi:RICAN CERTIFICATE ~£..., -
The otteror C1!rt!~ies i's part of his off'!!:, that: eaChJlnd product, except the end products listed below, is a domestic end product (as defined
in the er.use entitled "Buy-American Act"): and that compon•n~ of unknown origin have been considered to have been mined, producP.d, or-•
;nanufactured .PUtside the United States.
NONE
14
.az....,11:itiliil:b .& at:tM(jbg.ifl1st* ;; W4Y41UIS M
SundAr onn 3 Part 2 REV. 3-77)
(h-cion 10 SF 33. •--by >;ARS 11•25-711
tf 5 1-±-ePll'PT.W.tM«: '1'fiW!'rwtes:Oi1n:·~..,..~•~--.K----
2.
em .. ·a --rr:a:oh ·:t:OSflHf3't:h'.ftirf1.:itta:,l)t 1 CP1il1U#ifZ
CLEAN AIR AND WATER (Af1p/le11/Jlt1 if 1h11 bit/ or oflt1r t1xctlflrls $100,000, or rht1 conrracring offict-r has 1/P11mnmed rhat nr<lt
undtN •n lndefinitt1 quantity contract in n11y year will Bxceerl $100,000, or a facility tu be 11s11d has been the sul>je,:r n/.,, convi<:tic'
ur,(J,r the C/Nn Air Act (42 U.S.C. 1857c-8(c)(1 )I or the Federal Water Pollution Control Act (33 U.S.C. 7 319{L'}) ,111rl is li.w~I by El',
or Ii not otherwilfl uempt.)
The bidder or offerer certifies as follows:
1a) Any facility to be utilized in the performance of this proposed contract D has, Uhas not, been listed on th~ Environme11t.
Prptection Agency List of Violating Facilities.
_ (b) He wilfpromptly-notify 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 use 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 (cl, in every nonexempt subcontract ..
3. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION (SH par. 18 on SF 33-AJ
(a) By submiss.ion of thi.s offer, the offerer certifies, and ln the case of a joint offer, each party thereto certifies as to .its own
organi2ation, that In connection with this pe9curement: --
, .. (1) The prices in this offer have been arrived at independently, without consultation, communication, or agreement, for th,
purpo11 of restricting competition, as to any matter relating to such prices with any other offerer or with any competitor;
· (2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly discloml by th• 1
offerer and will not knowingly be disclosed by the offerer prior to opening in the case of an advertised procurement or prior tc, awanJ in the
case of a negotiated procurement, directly or Indirectly to any_9ther offerer or to any competitor: and . ·
(3) No attempt has 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:
(1) He is the person in the offeror's organization responsible within that organ.ization for the decision cts to the prir.P.s heing '
-.offered herein and that he has not participated, and will not participate, in any action contrary to (a)(1) through (a)(J), above; or
(2) (i) He is not the person in the offeror's organization responsible within. that organization for the de~ision as to the prices
being offered herein but that he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that
such persona have not participated and wlll not participate, In any action contrary to (al(1) through (al(3) above, and as their 119P.nt does
hereby w certify; and (ii) he has not participated, end will not participate, In any action contrary to (a)( I) through (a)(3) above.
4. CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to (1) contracts, (2) subc:1ntr11crs, and (3) agreements with
•pplicant, who •~ them"11WIS performing ftlderally assisttld construction contracts, excHding $10,000 which ars not exempt from the
proviiioni of the Equal Opportunity clausa.) ,
By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies that_ he does not maintain or provide for his
employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at c:ny
location under his control, where segregated facilities are maintained. He certifies further thet he will not maintain or provide f0r his employ
ees any segregated facilities 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 Hgragated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a IJreach of this cer -
:fication is a violation of the Equal Opportunity clauH in this contract. As used in this certification, the term "segregated facilities" means
1ny waiting rooms, work areas, reu rooms and wash rooms, restaurants end other eating areas, time clocks, locker rooms and other storage or
dres-ing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing faciliti11s provided for
employees which are "'gregated by explicit dirl:ctive or are in fact segregated on the basis of race, color, religion or national origi;1, bccaus~
of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications frorr. proposed
sulJcoMractors for specific time periods) he will obtain identical certifications from proposed subcontractors 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 w,):
(;tlrtifications in his files; and that he will forward the following notice to such proposed subcontractors (exc:ept where the proposed
~ubcontrectors have submitted identical certifications for specific time periods): ·
Notice to proapactive aubcontractora of raqulrament for oertHicatlon1 of non11gregated f•cilitiea.
A Ce,rtification of Nonsegregued Facilities must be Submitted prior to the award of a subcontract exceeding $10,000 which is n0t
extmpt from the provisions of the Equal Opportunity clause. The'certification may be submitted ~ither for each subcontract or for a1,
~ubcontracts during a period (i.e., Quarterly, semiannually, or annually). NOTE: The penalty for making false offers is prescribed in-18 u.s.c. 1001.
Standard Form 33 (REV. 3-771
tf;.x, .... l,)~llh.)!9t·~t1.~\nu••>~IUvN.".•; ._,_;:, ,.:·
15
. '
.•
PART lV -GENEHAL TNSTHUf.TTONS nAKF40 -82-R-0375
SECTION K
(SF33 (Continued))
RF.PRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFEROR
K.5 SMALL DISADVANTAGED BUSINESS CONCERN (1980 AUG) DAR 7-2003.74:
is not
(a) The offerer represents that he ( ) is, ( X ) l~X~t<, a .. small
business concern owned and controlled by socially and economically
disadvantaRed individuals. The term i1small 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 centt.nn 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 busi~ess operations are
controlled by one or more such individuals.
(b) The offeror shall pr~sume that socially and economically
disadvantaged individuals include Black Americans, Hispanic Americans, Native
Americans (i.e., American Indians, Eskimos, Aleuts, and Native Hawaiians),
ft.sian-Pacific Americans (Le., 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 ·
mi~orities 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 (1) 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
SecU.on 3 of the Small Business Act .:ind relevant regulations promulgated pursuant
thereto. Control in this context means exercising the power to make policy
decisions. Operate in this context means being actively involved in tQe
day-to-day management.
K.7 PERCENT FOREIGN CONTENT (1978 SEP) DAR 7-2003.81: Approximately no -----percent of the proposed _contract price represents foreign content or effort.
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
PART IV -GENERAL INSTRUCTIONS DAKF4O-82-R-O375
SECTION K
(SF 33 (Continued))
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 o_r 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 circumstances 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 o~!_E!~~!. _as __ ~_}:_abor _st1_rpJ~s _a;:~~-~9..!!~_!=rn. __ Oft~Fo_r_ ~gre_e~
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
which such status entails.
K.1O NEGOTIATORS: List name, position and telephone number of authorized
negotiator(s):
NAME POSITION TELEPHONE NUMBER
William vi . Phillips, J r . Assistant to the Secy 9]9-733-2126
17
. I
I ' PART IV -GENERAL INSTRUCT10NS 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
quantiti~s 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
offerer, 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 offeror 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 offerer has already submitted a Disclosure Statement disclos-
ing the practices used in connection with the pricing of this proposal (see (IV)
below); or (iv) postaward submission has been authorized by the Contracting
Officer. See 4 CFR 351.70 f or submission of copy of Disclosure Statement to
the 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)
Th e 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 ~ne 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:
The 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 offeror 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 offerer 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 aware(
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 offeror 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 cur'rent cost ac-
counting period. Further, the exemption applies only in connection with pro-
posals submitted prior to expiration o{ 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
fellows:
Date of Disclosure Statement(s): -------------Name ( s) and Address(es) of Cogni-
zant ACO(s) where filed:
Th~ offerer furtherertifies that rractices used in estimating cost i~ pric-
ing t1iis proposal are consistent -with the cost accounting practices disclosed
in--the DisclOsure-Stat~ment (s).
(End of provision)
19
' I
:;:.
SECTION K
(SF 33 (Continued)
PART IV -GENERAL INSTRUCTIONS DAKF40-82-R-0375
REPRESENTATIONS, CERTIFICATIONS AND OTHER
_ STATEMENTS OF OFFEROR
(b) Cost Accounting Standards -Exemp~ion for Contracts of $500,000
or Less. In accordance with 3-1204.l(a)(vii)(A), insert the following pro-
vision:
COST ACCOUNTING STAfIDARDS -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 tot-he Cost Account-
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 contain 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
PART IV -GENERAL I~STRUCTIONS DAKF40-82-R-037 5
SECTION L SOLICITATION INSTRUCTIONS AND CONDITIONS
l. 0£FINITIONS.
Aa uacd h~rrin : (.a) Tbr lrrm "1olicita1ion" me.an, Invitation lnr Bids (IFB) when·
1hr pro<urrmrnt i1 adn·rtis,·d . .and R,·qu,st lor Prupoul (RFP) _whrrr
1hr procuren.rnr u nritoll.all'd. -
(b) Thr trrm "off..r" mran, bid wh,·rr 1hr procuri·mrnl ia advrr-
ri,rd, and proposal wh,,,., the procurrment ia ncgoti.atrd.
(c) for purpo,rs o( 1hi1 solicit.Ilion and Blork 2 of Standard Form
33, 1hr rrrm "adv,·rru,·d" includrs Sm.all Busin,·u R,·stricrrd Advrr•
ti1in1 .and orh,·r rypr, o( rrsrricttd advrrtisinl(.
2. PREPARATION OF OFFERS.
(a) Offrron ar,: rxvecrrd 10 examine rh,· drawings, •~cifica1ion1.
Schedule, .and all ins1ruc11on1. Failure 10 do a.o will ~ at offrror'1
ri,~.
(b) [arh oll't-ror shall furnish thr infonn,1tion rrquirrd b, ·lhr
sulici1.a1ion. The offcror shall 11gn 1hr solicitation and print or tYP<'
h,s n.am,· on 1hr Sch,·dult-and rach Continuation Shrrr rhn,·of on
..:l-.1,;,.. IM° a,>-U~~ 1/,l, ~ .... ,~,-t .1'-~ ~ 'M .. 'H ~~1111i·,•\ ffil.l\1 \"1' 11111111<-.!
b,-\hr ·p,-non '11fnini;; 'd1r oR,·r. Oflri, 1,,nwd by a.n agt"nl 11'1: to b,,
•ccompan,td by rvidl'nCr o( his .authority unl,·ss 1uch rvid,·nc,· haa
bun p1'1'viously lurnishrd to the issuing officr. '
(c) Unit prier for each unit offen·d sh.all br shown and such pncr
ah.all includr packin~ unl•sa othrrwisr sprc-ifit·tl A total sholl b,· rntrrrd
in lhc Amount column o( th<' Schedule lor rarh itrm offrr~d. In casr·
o( d,scrrpanry betw,·rn a unit pric,· and ,·xtendf'd prier, thr unit prirt'
will ~ prraumed 10 be corrrct, ,ubj,·ct, howevrr. to corn·ction 10 1hr
um'! ,,·xttnt and in the sAmr. mann,·r as any oth,·r mistakr.
( d) Offen /or supplies or s,·rvicn othrr than thos,· sp,·rified will not
br considncd unlru authoriz.cd by the soliriution.
(c) Offeror mu•t state a definit~ timr (or ddiv,·ry o( suppli,·s "'
for ixrformancr of servicr, unlas olherwisr sp<"cifi<-d in 1hr solicic.ation.
\I) Tim,. i( s1a1c<i u a num~r oi da~. will include Satur-d.)~
Sun.i»s and h;,h:l~, •·
( 1; C..i-tt ~,-. an-lo.-~~~,., \OX ""'h.
). 0.'1"l'1\AtlON TO ~"'«S.. -~"'~ ""--:,;.._._,:;,_...,. ~~ ~ u
,,-t,·,,..,.· ~"1,-~ .......... ~)-..-'tt!o-~~"'4;. ~ -~~~u., ... ~ ~ ~ !O.:)l,.,:;a,:,:m,_
'\'\,'\.• '"l' . •"""'·/l-,._,._(h'v\'-. ~ ~•.:.. h.. N~~ ... ~-->P'I ,"'f'1all«, ._1',:_ ~tl!)-,
\,.!11,,-.,,M ~• 11\1,,.,.,'4 l...'c 4' N-f'~ \<" 1'•-''>, N\~'1' ~~""" l~ .... ,~
l'l'l\l\t'I'\ -'I \\,,•,r ~l,I'\ \)c,\ '°'.,.\'))&1'1l l tt'>M 01 lf\\l!"\h'I~\ ~'°"II h<-l°ON'
tht a"'·an.l o\ tht ,·on1r1c1 •·•ll n0< b,-btndi<-,g .,n, ,r,fom,&1,011 ~".,."
10 a pro,p,-cr,vr o/lrror conccm,nit a aolicitallon w1H t>.-C_umllhrd 10
all proapcct,-·e offuora a., an amendment _o( thr 10hnta11on, 1f .'':'ch
information is necrs,:ary tu offrrors ,n subm1tt1ng offrn on. th_r sol1r1ta·
tion <,r if the lack of such information would br prt·1ua1nal 10 un-
inlormrd offrrors.
•· ACKNOWLEDGMENT OF AMENDMENTS TO SOLICITATIONS.
R("ctipt of an am("'ndmrnt to a ,ohcitation bv an o!'i..!ror mu,r ~
a,·\.~,--IMtf""(f (a ' t-., N..f""i'"'S a'l'hi rf"t1,.,n'\_:-c t~ •~~t.. l-~ · ~ ,...,-. ,11,,,. T<l !lta,.,,la.-..i l'°'"" ~, ~ \t\ t,., i-,,,.... ,... ~.., ~'"~
a\-~",--. ... J1w1.,I'\\ m\!U t,i., \Y"\""f",\\'f"\( r"-~._... l'fl \~♦ ~, ... ,.-.,,~ ,~•\♦ .. ~~J
h~, ..-... ♦ 1.,l ,_.,; ,"1 ••"' > •
&. au ■"l.!IION or OnTl'tS, ,._, ,'--~,., ,.,,,~ ,_...,,<\"'·•'"'""'' ,4':, ..... "9"'t'4 ~•U _t,..J. r-.;.to,.._~ ~ ...,.k--,;J
cn,<lv)X'• ... J .;1J,n .><d '" th~ omr,· IJXrlh.-d in th,· ,ohc1ta1&on. The
offeror 1h•ll show the hour and d .. tc sp,-cifitd in the solicitation for
receipt, thr solicitation numb<-r. and the name and addrcu of thr
o/Tcror on the lace of the tnvelojX.
(b) T~le~raphic offtn will not ~ cor.sidrr.:d unless authoriud by
the ,o!ir1tauon; bo-wr. offrrl m>.y b, :nod1£ied OI' w,thdra"'11 by
.. -rittn: or \tlcs,-a;>htc notice, J:>ro..·idr-d such nouu ia rc-crivc<i prior to
the hour ~nd date spccilird for receipt. ( Howrvrr, •~-paragraphs 7
,nd 8.)
.(t) Samples of items, when required, must be submitted within the
1ime apccified, and unleu othrrwist •~ifird by the G overnment, at
no cxp,,n>c to the Government. If no1 deatroyed b·,-testing, u.mplc,
will be rteturnrd &I offeror'1 requrat and erpenst. unleu otherwiee
sprci1oed by. the_ solicitation. ·
6. FAILURE TO SUBMIT OFFER. If "" urTrr i, t" he submittrcl, cJ.,
not return the solicitation unle,s othrr"i,c •verified. A le tter or posl•
card sh•II be sent to the issuing C1ffice advisin!I whether future >t>lir-
itations for the typ,· of supplies nr srrvircs ,.,,·crrd hy this , .. Ii, itation
arr desired. Failure nl 1he recipient to nffrr, or to notify th,· i<sui11i1
itffiCe that ru,urr 101icita.tion1 are-desirrd, may rtsuh in rrrn11val or
1r,e n~m• .,f such rr-cipient.lrom the mailins list fur 1he type nf ,upplics
,,r ~rvices nwrre-d by thr s,oTiritation.
33-107
21
't
7. LATE BIDS, MODIFICATIONS OF BIOS, OR WITHDRAWAL Of
BIOS.
(a) ,\ny bid rrcrin·d at thr offin-dni,in~t,·d in th,· sulicitativn
th,· ,·u, I timr 1prt ifi,·d lor rrcrip: will not br consid.-rrd unlr
r,·,·,·iv,·d bdnrt· award is mad,· and ,·ath.-r :
(I) It was st·nt b,· rrgist,·rcd or crrtifird mail not l;oh·r
filth calt•ndar day prior to thr d1.1,· sperifird for th~ rrr• t of hid,
( r.11-, a bid submitted in rapons .. to a soliri1a1io11 r<·quir ~ rt·ccipt o(
b,d, by th,· 20th or the month must havr h,·,·n mail,·d y th,· 15th or
earlin); or
( 2) It was vnt by mail ( or 1.-l,·gram if au ,rizt·d l and it i,
dc'lermin,·d bv rh,· Govcrnnwnt that th.-latr rrcr· t ,.-a, dur sol,·lr ti,
mishandlin_t( -by 1h1° Govrrnrnrnt aftrr r,·crip at tht· Gu,..-rnrrwnt
innall.:ition
( b) Any modification or withdrawal
condi11ons as in (a), abov,·. 'A b,d m
by a biddrr or his authoriZ1·d rt•prt· • prov,d,·d hi• id,·1nit-. is
mad,· _lsn_own and_ hr 114111_ t ,,·(,·11~, ~, \ .. l\,i\ \1111, 11 \!\< '<ltil\!\·-
j1hvil " ~&d,· pn,11 lo lh, •·H, I rrc,·>PI of \.uJ,
( c) Th,· onh· acceptablr evi t ,sh:
( 1) Th,· da1t• of mailint( a l.:i I nodifi.-atinn. or w1th•J1awal
sent ,·ath,·r hy r,·g,sterrd or ,·d ad as thr l! S. Pv>tal 5,-rvicr
postmark on both th,· 1·11v ·In rr and on th•· uri11111~I rrrr•ipt
from thr L'.S._ P_o11al S,· ell rr po,tr11ark shows ;o l1·g1bl,· date,
lhr b,d, mod1firat1un. or w1 wal sh.all b,· d,·, rn,·d tu h;o, ,. b,·rn
mailed l.ati-. ( Th,· tern, " ostmark . mc;u,s a µrintrcl. ,tainp,·d ... , o1h,·r•
wise plac,-d_ 1mprrssio •·~cluS1\'l' o( • posta111· ,.,. ••·r n1arh1n•· ir· prrs·
uon). that 15 read,h ,·nllfiabl,· without further ,. ti .. n ;,s h.,. 11111 u~rn
1upph1•d and affix on th,· datt· of ma,hng b, ,·u,µlow,·, uf th,· t;.S.
Postal Service. erl'fon·, offnors ,hould rcqunt th,· i.,vs:.I clrr~ to
place a hand crl\auon bull'1-eye "postmark" on both the receipt
and 1he env pc or wrap;xr.) ·
(2i T timr of rnrapt at th, Govrrnmcn• ,n,tallation i, 1hr
tim~-d..at, ta:np o! ,ur h in11all:.t19n on \hr b><J wr•p~r o, ~,
documr :i.-. nric .. n. r oi rrenpt anain~ I,,. ,h. QhU14,.,.,.. :<:' ,:lasa.-,~"-1{ ·.a aad I~ -:.i tile1 po-,,.,_,._ a 1.a,-,, ,...y....4-
.:., ::-i-~-.3:. '~...L :.::-v..f.u. -:.a..c. ......-:1("'_-; 2:~. ~ ~~ ~
G,._~-::-r-r~ ......... !JI" ~-:. .l __.Ja ~ ,. ~ , ..
·~&?\:ff.&\, -:w-~:~
~.:--tt-Tltt l~ ''tt·~.a~.-s1'.·l~ ....,.,a~
g_ LAT'£ "°"°S-' LS, YOO\FlCA TIONS 0f P1tOf"O$A. LS,
WITHDRAWALS OF PROPOSALS.
(a) A!"'Y propoud "'et·ived at thr offir• desi,11:11rd in thr s cit"·
rion af1t·r th• ,·xarr time sprcifi<"d for rrc,·ipt "".,, r,ot ~ co 1drr1·<J
unlts.s it is rrrcivrd before award is n,adr, and ·
(I ) It was sent by n·g111rrrd or c,·rtinrd m .. ,: 11ot
fifth cal<·ndu d•v prior to the datr ,p,·cifird !or r,·u·ipt
an oli.-r 1ubmit1rd ,n rcspoosr 10 a lDlicitation rrqui ,r: r«ripr of
ci'tn lry thr 20:h of :be monl.b n>...st iu..,. br-"1 ai.l--bot-LY J.5-u, «
.-&~..-:-·: ,: \ h v.-a, ~i t,.11 ""'91i tt"C'" ~,,....t-1 tf a.
,h•h'n\.\n,,·~ "\ ,h.,. \:,,,•'""'.,.''' '"•' ,tH l,,u \\, u,uh•1\,thu1 l\, \h.t \h,,ttnn,.,u, ahc-1 \H
·~••H&\h\f\. ,,_.
, ·' 1 h " II•• '"'" .-....... ,--.. ""...,,...,,1 \~' ·°'"'!.. ....... ~h•IK-n ~ "PN9-> ... i < epl .a nic-.l,lication ,.,_it.in~
Ir-om th,, Contractm! Offir~r's ••·"~st and final" offer, is sub-
ject 1q th,· 1amt' conditions as in I d ( •) ( 2) or this provision.
(c) A modification re,ulting e ntractin,i: Officrr'1 rrqurSI
for "b,·st and /in.al" offer ,~-· time and date specified in
the r<<Jueu will no1 ~ co r rteetivtd ~(ore .award and
the utr rr<eipt is due o m a dling by \ht Covemmrnr after
rtttipt at the Govemm on. ·
:d) The only ace ev cc to establish:
( I ) The datr o/ or a latr proposal or modification sent
either by regi11errd or rr d mail i1 thr U .S. Ponal S.Crvicc pc»t•
marlr. on both the env ope or wrapper and on thr origin.al rr~ript from
the lJ.S. Post•I Srr er. If nrithrr postmark shows a l•giblr d.atr;-thc
propoul or modi ation 1hall ~ d~eined to have btrn mailrd latr.
(The term "pos ark" means • printed, 11amptd, or othrrwi,r. pl.ced
impttuion (e lusivr o( a postage meter machine impreu,on I th1.t i,
readily id~n · i.blr without furthrr action as havin!( been supp::td 1.nd
affixed on e' dat~ of mailing by employ,:rs of the U .S. PC>lt.d Service
Therdor , olferon should rrqurst the postal clerk to pla,·;• a hand
ancel\ ,on bull'1-eye "postmark" on bo1h the receipt and,:,< envelope
or w pper.)
( 2) The time of rrcrip1 at the Government innalli'iion ia tht
ti ~-due ,ump o( such ins:.all.at,on on the propD""I wrapper or other
ocum,·ntar,· evidenct of receip_t ~ainrained by 1hc inna::auon. ;;-
STANOAIID FORM ll-A (Rn. l-7S>
Pr<,cribcd by GSA, PMl (41 Cflll 1-16.lCI
(e) NotwiUutandin1 (a). (bl. and {c), ol thi1 prov1a1on, a latf'
modification of an othrrwiac 1urcculul propooal which make1 ill 1rnn1
more favorablr 10 the Govrrnmcnt will iidrrcd a1 any timr it ia
• rrceived and may be: acceptrd~
--(() Propoa.o.h may NJ.· · ·u or teleg1'11phic notice
ttceived at any time p r 2 may be: wi1hdrawn in
penon by an offerer o _ tho ntative, provided hi1
. identity ia made known a he · a a:1pt for 1hr proposal prior_
--to award. .-.
Note: Tbe term "tclej!T&m" includa .ma.ilg,-a.ma. · ·
Note : The alternate late propo.ah, modifiea•tiona or propoula and
_ withdrawalt ol propouh provwon preacribed by 41 CFll l-S.802-2(b)
-ahall be uaed in heu ol proviaion e, if ap«ifred by the contract.
9. DISCOUNTS.
(a)_ Notwitha!anding the fact that a bl&nlr. ia provided for a ien ( 10)
day d1acoun1, prompt payment ditcounu offen:d for payment within
lraa than twenty ( 20) u.lendar day, will not ~ con1idered in rvalu-
atmc offen for award, unleu othrrwiae 1ptci6ed in the 1olici1ation.
Howrver, offertd diacountt ol leu than 20 days will be: tahn if pav-
mrnt i1 made within the diacount period, even though not con1idered
in thr evaluation of offrn.
(b ) In connrction with any di,count ofl'errd, timr will ~ computed
from date of delin¥.Dllrier when delivrry and acceptance art at poi gi r tc of delivery at dtali•
nation or pon of emb i w v and acceptance att at
rither of thoac poinu, · t r Cl invoice or voucher is
rrceivrd in the office 1 ·· ifie th mmenl, if the laurr datc
11 latrr than date ol delivery. Payment is deemed 10 ~ madf' for the
purpoae ~ earning 1t,r diteount on the datr of m&.ilin,t of the Govern-
ment check.
10. AWARD Of CONTIIIM:T.
(a) The contract will ~ awarded to that r_t,poNiblr offerer whoar
offer conformin$ 10 thr 10licita1ion will Ix moat advan1ag-rou1 to thr
Government, pncr and nther facton considrred.
(b) Thr Government rc,ervc:t thr rig-111 to n-jrcl any or all offrn
and 10 waivr informa!itir, and minor irttl"latitiu in offrn received.
(c) Thr Govrmment may ar.crpt any itt-m or rroup of item• of any
offrr, unleii 1hr offrror qualifirt hit offer by tpccific limitations. UN-
LESS OTHERWISE PROVIDED IN THE SCHEDULE, OFFERS
MAY BE SUBMITTED FOR ANY QUANTITIES LESS THAN
TllOS£ SPECIFIED ; AND THF. GOVERNMENT RESERVES
THE RIGHT TO MAKE AN AWARD ON ANY lTEM FOR A
QUANTITY LESS THAN THE Qt.:ANTiTY OFFERED AT THE
UNIT PRICES OFFERED UNLESS THE OFFEROR SPECIFIES
OTHER WISE IN HIS OFFER.
(d) A wrillen award (or Acceptance of Offer) mailed (or olher•
wi"' fumiahrd) lo the succeuful offerer within the timr for accrptancr
tpecified in the off tr ,hall b, dremrd to ruuh in a binding contract
without further action by cithrr pany.
_ Th~ following p&rl\grapht ( •) through (h) apply only to negotiated
oolicita t,iona :
(e) The Govrmmrnl may accrpt within thr time aprcificd therein,
any offer (or part thereof, u providrd in ( c) above), whether or not
thrrt are negntiatioN 1uborqurn1 lo ill rrceip1, unlraa 'thr olfrr ia with•
drawn by writtrn notiu tteeived by the Government prior to award.
If 1ub~quent nrgo1ia1ion1 arr conduc1rd, they ,hall not conatitutr a
ttjttt.ion or counter offer on the part of thr Govemmrnt.
(f) The right i1 re~r~ed 10 accept other than 1hr lowut offer and
to rejrcl &11y or all off en.
(,:) The Government may award a contl"act, baaed on initial offen
rc<:<:ived , without di1eu•ion of 1uch offu,. Accordinrly, each initial
offer 1hould bi, 1ubmi1ted on th,e mml lavorablr trrma from a price
_and technical atandpoint which the c,llrror can Nbmil 10 the Govrrn-
mrnt.
(h) Any financial data 1ubminrd ~ith any olfer hereunder or any
repretenta1ion concemina facili1irs or financing win not form a pan
of any rtaultinr contract; providrd, however, that if the resulting con•
tract contaim a claua,c providin, for r.ricc reduction for defective coat
or pricing dau., 1hr con1rac1 pnce will ~ 1ubject lo reduction ir coet
or pricing ca1a fumiahcd hereunder i1 incomplele, inaccurate, or not
curn:nt.
11. OOVERNMENT•FURNISHED ~Rn. No material, labor. or
facilitia wiil br furni,hed by thr Government unleu otherwiae-pro-
vided £or in lhe tolicitation.
12. I.A90R INF'ORMATION. Gt'ncraJ information re1ardin1 the tt•
quinmenta of th~ Walsh-H,aJry Public Cocllfacta Act t_41 U.S.C.
1~-4!>1, 1hr Cu11tr41·1 Work ll11ur, Stanrlar7i,Art i 41l lJ .S.C :1.'.l-130),
and tlir Srrvit·e c .. 111rar1 Art ul l9b'.> r-1I U .SC :1.\1 1'.17 \ may lie
uhta.11w.d.. lr11m 1hr llrpar1mrn1 .,r l.ah"r, WashinKl1tn, D.C ~11: Ill, nr
from any re!(111nal uffirr r,f 1h~1 a~rnry. Rrq11r ,1, f,,r inlum1•1io,,,..hnuld
includr,thr , .. liri1a1 1un numlirr, thr namr and :oddrru ,,f 1hr iuuin,:
2.!(t'n<"Y. and a dr~r:ir1~n nl ihr ,uppl.!£'~ or sr_~_vicf'\. --
U. l[LLER'S INVOICES. l~i~u ahall be prepared "and tobmittrd
in quadruplicatr (one copv-1 :hr marked "~rinal") unlc$; other•
wiae lpt"Cificd. I nvoicra ,hall con ain 1he follow1n11: m_for_mat,on : C~n-
tract and order number (if any), llrm numbrn. de1enj:,11on ol 1uppl1ca
or aervicr,, sizct, quantiti('t, uni1_ prier•. and rx1ended totals._ Bill of
lading numbrr and wei,:ht of 1h1pmcn1 w.1II br shown for 1h1pmen11
made on Governmrnt bills of lading.
14. SMALL BUSINESS CONCERN. A 1mall buainrn concern for thr
purpoar of Govcrnmrnt procur<'ment ia a concern, _including i_u affi~i-
atca, which is indeprndently owned and oprra1rd, 11 ROI dominant 1n
the firld of oprration in which it ia 1ubmi11in1_ offrn on Go~crnmenl
contrarts, and can further qualifv under the cntrr1a concrm,ng num-
~r of emplo)'rct. avrra,:r .annual rrceipts, or othrr criteria, u pre•
,cribc:d by the Small Businrn Adminiatr&tion. (Ser Codr of Federal
Regulations, Titlr 13, Par1 121, as amrndrd, which containa drt&.il~d
indu11ry dcfini1ion1 and rrlatrd proccdurrt.)
15. CONTINGENT F[E. If 1hr offrror, by checking th,: appropria1e
bux provided thrrefor, has reprcaenu,d that hr has rmployrd or retained
a company or penon (othu than a lull-time bona fide employer work•
ing 10lrly for the offeror) to t0licit or ,rcurr thia contract, or 1ha1 hr
has paid or agrcrd to pay any fee, commission, pucent&gc. or brokca,:c
fee 10 any company or penon ro_!l!incN>t upon or rcaultin,t from the
award of thit con1rac1, hr ahall furnish, in duplicate, a complrtr Stand-
ard Fonn 119, Contractor's Statrmrnt of Contingent or Othrr Frra. If
offeror has previoutly fumi1hrd a complrtrd Standard Fonn 119 to the
officr 111uing thit ,oliritation. he may accompany hia offrr .. ,i1h a 1iirnrd
,tatrmcnt ( a) indicating when auch complrtcd for-n wu previously
lurni1hed, ( b ) iden1ifying by number the previoua solicitation or con-
tract, if any, in connection with which auch form waa aubmittcd, and
_ (c) reprttrnting tha1 1hr 11a1rmcn1 in ,uch form is applicablf' to thia
olfrr.
22
16.· ,ARENT COM,ANY. A parent company for thr purpose of thi1
offer i, a company which rithtr owm or control& thr ac1ivi1ict and uuic
bu1inru policies of the offeror. To own another companr mrana the
parrnt company inu11 own at lea II a majority ( more than !10 prrcrnt)
of the vo1in11 rights in that company. To control another company, tuch
ownership i1 not rtquirtd; if another company i1 able to formulate,
· determine, or veto buic bu,ineu policy drci1ion• o( thr olfrror, 1uch
other company is considettd 1h, parent compan~ of the. offeror. ~•
control may be: exerciaed through the use of dominant mmonty vounc
righu, usr of proxy voting, con1ractual-.rrangemrnts, or otherwiae.
17. EM,.LOY[R'S IDENTIFICATION NUMl!tfR. (Applicable only to
adveniwd tolicitation1.) The ofitror -'iall inaert in thr applicable apace
on the oRrr form, if he hu no partnt company, hi, own Employer',
Identification Num~r (E .. I. No.) (Fedo:ral Social Security Num~r
uad on Employer's Quarterly Federal Tax Return, U.S. Treuury
Depanmcnt Form 941}. or, if he hu a partnt company, th• Employer'•
ldentifiu.tion Number of hia parent company.
11. C[llt'TIFICATION 0, INDEP£NDENT PRICE Dff[ltMINATION,
(a) This certification on 1hr offer form it nol appliu.ble to a foreign
offer-or ,ubmitting an offer for a contract which require• ~rformantc
or delivery outaidr th• United Statca, ita pouruiona, and Pucno luoo.
(b) An offer will not~ con1i9ered for award when (a) (I), (a) (3),
or (b) or thr cenification hu ~en dtlcted or modi6rd. Whrre (al (2)
of the cer1i6ca1ion haa been delctt'd or modified, thr offa will not be
con1idertd for award unleu the olfrror fumiabn with the c:fcr a aimed
atatrment which aeu forth in detail the circumllancca ol tile diteloeurr
and the head of lhc •,ency, or hia dc:aignee, determinu that ,uch du-
clo1ure wu not madr foe the purp,»e of rutrictin1 competition.
lt. ORDCR Of PRECEDENCE. In the event of an inconautency be-
tween prOYiuona oli.ia g· · fjnaiitency aha.II be ru:>~ by giving preceden i I fo '_ r : (a) the Schedule; (b)
Solicitation Jnunicti a -. ; ) General Prvviuon,; (d)
01hrr provwona ol -orponted by reference or
otherwit1t; and (e) apec
119-325-M AP'PP•P'BT
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 legible date,
the proposal or modification of proposal shall be deemed to have been
mailed late. (The term "postmark" means a printed, stamped, 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
..
;.
PART IV -GENERAL INSTRUCTIONS DAKF40-82-R-0375
SECTION L ALTERATIONS TO INSTRUCTIONS AND CONDITIONS
(SF 33A (Continued)) AND NOTICES TO OFFERORS
(11) 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 111odification of an otherwise
successful proposal which makes its terms more favorable to the Government
will be consi__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 offerer
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". includes mailgrams.
The following provision is substituted for subparagraph (b) of Clause 9,
Discounts, on Standard Form 33A:
9. DISCOUNTS (1971 NOV) DAR 7-1902.H:
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 Government,-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
Government 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. Bo 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 CONDITIONS
L.20 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER REPORTING (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 offerer should delay the submission of its
offer pending receipt 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 A1?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 award is.. expected to be made to the North Caroling_ 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, "Sol_~-
citation Instructions and Conditions," is deleted, and prompt payment discounts
will not be conside red in the evaluation of offers. However, any offered dis-
count will f orm a part of the award, and will be taken if payment is made within
the discoun t .period indicated in the offer by the offeror. As an alternative
to offering a prompt payment discount in conjuction with the offer, offerors
awarded cont r acts may include prompt payment discounts on individual invoices.
26
•
AFZA-EH-EE
Mr. William W. Phillips, Jr.
Assistant to the Secretary
20 August 1982
Department of Crime Control & Public Safety
P.O. Box 27687 NO,?TH CARCLfiM
ATTOFI NEY GE0i ,..RAL' Raleigh, NC 27611-7687 I C s o--.,..,_ r,·1vc.
Dear Mr. Phillips:
C/Vi.'?aNMENT~L r , RJr-~r·" t c, ''-•I SECT/Gil/ RECEIVED '
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.
1 Incl
as
Sincerely,
RALPH A. LUTHER
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 contaminated
soil and incidental vegetation (hereinafter PCB material) into the PCB
landfill to be developed by the Department in Warren County under the
following terms and conditions:
(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 sunmer 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 comrunicated 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 Department will accept. The Department
agrees to accept as much of the Fort Bragg PCB material as is
consistent with State needs and landfill design.
(c) The method of delivery of the PCB material shall comply with all
requirements imposed 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 operation of the
1 andfil 1 •
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
landfjt1 ,onstruction and operation 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 . ac mu
ommanding General
XVIII Airborne Corps & Fort Bragg
1(;'
This the ~ day of August, 1982
Department of Crime
ol and Public Safety
e an ar
Secretary, Crime Control
and Public Safety
This the ~day of August, 1982
C
Q
f
r
James B. Hunt, Jr., Governor
Commander
North Carolina Department of
Crime Control .IQ
. & Public Safety
512 N. Salzsbury Street P. 0. Box 27687 Raleigh 27611 -7687 [phone]
August 12, 1982
Heman R. Clark, Secretary
NORTH CAROLINA
ATTORNEY GENERAL'S OFFICE
AUG 16 1982
XVIII Airborne Corps & Fort Bragg
Attn: AFZA-EH-EE-Bruce Parker
Fort Bragg, NC 28307
ENVIRONMENTAL PROTECTION SECTION
RECEIVED
Re:
Dear Bruce:
PCB Waste Disposal
Cooperative Agreement
Enclosed is our latest proposed agreement.
to you, please return one signed copy to me.
If it is acceptable
If you have any questions, please let me know.
WWPjr/cm
Enc.
be: i,// Bi 11 Raney
ll}J;:;_ zr/J)f d I 1~A.
&{(;iam W. Philf:sT/-(
Assistant to the Secretary
I ....... .
; r;;•·e
1' ''t; .. :~:; -~
... ~ ...
RUFUS L. EDMISTEN
ATTORNEY GENERAL
~hrlc of ~ ortq @uroHmr
~hpartmcut of Wusticc
P. 0. Box 629
RALEIGH
27602
MEMO
TO:
10 August 1982
FROM:
Bill Phillips
Bill Raney i;v,#
RE: Fort Bragg -Cooperative Agreement
I received a telephone call from Bruce Parker at Fort Bragg
today. He indicated that he was expecting a revised copy of the
coopeartive agreement from us with the changes discussed most
recently. I have taken a shot at it as per the attached.
An analysis of the redraft is as follows:
_,,....,·,,
Paragraph 1.
Paragraph 1. (a)
Paragraph 1. (b)
Paragraph 1. ( c)
Paragraph l(d)
✓ t ~-~~-·
Slight change to reflect reimbursement
for pro rata share
This reinstitutes the 8000 cu. yd.
limitation if the landfill cannot .
accomodate the excess material. Unlike
the previous language the limit is not
in effect unless the State determines
the landfill has inadquate capacity.
No change.
Added "or approvals" to be consistent
with EPA terminology.
This reinstates the ability of the
Department to suspend or terminate the
agreement if it is determined that there
is insufficient storage for the N.C.
material. The Department must give
notice of any restriction prior to giving
notice of the delivery schedule. After
notice of the delivery schedule the
Department will be obligated to accept
8000 cu. yds. from Fort Bragg. The
Department can reject material in excess
of 8000 cu. yds. at any time. This is
Paragraph 2.
Paragraph 3.
-2-
slightly more restrictive than our original
1. (d) in that we would have to take up to
8000 cu. yds once the delivery schedule is
set.
No change.
In this paragraph Fort Bragg agrees to
pay its pro rata share of the landfill
costs. The actual figure is unknown
which presents somewhat of a problem for
Fort Bragg. In an attempt to remedy this
I have included a maximum figure to which
Fort Bragg would be bound. In the event
their share was computed to exceed that
figure the Department could cut them off
until assurance was made that they would
make the excess pro rata payment. This
approach may cause practical problems in
that it would require a continual
accounting of costs to determine if their
maximum figure was in danger of being
exceeded. This problem would be somewhat
alleviated if the maximum figure was high
enough to meet the upper limit of the
projected costs. I would presume that
Fort Bragg could get hold of some sort of
emergency funds on fairly short notice if
their maximum figure was exceeded thereby
enabling them to extend the contract.
The C/A now has a provision for reimbursement for costs.
Various accounting and payment problems could arise. For
instance, when do we receive payments from Fort Bragg, do we need
to send them a demand, can we get the lump sum and simply
reimburse them the remainder. If you feel the need I can try to
address these types of questions with the help of the fiscal
officer for the Department.
Another approach would be to simply say that Fort Bragg
agrees to reimburse the Department and that prior to accepting
the material the Department must be satisfied that Fort Bragg is
obligated by a legally enforceable contract. This would
leave the reimbursement contract for later.
DRAFT 8/10/82
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 payments herein-
after stated and the benefit to North Carolina health and environ-
ment resulting from the cleanup of the contaminated soil at Fort
Bragg, NC, agrees to accept from fort Bragg PCB contaminated
soil and incidental vegetation (hereinafter "PBC mater:i..al")into
the PCB landfill to be developed by the Department in Warren
county under the following terms and conditions:
(a) The PCB material to be accepted is limited to the soil
and vegetation contaminated by the dumping of PCBs on
the Fort Bragg Military Reservation during the summer
of 1978 by Robert, Randall or Timothy Burns. The
Department may refuse to accept material in excess of
8000 cu. yds. if the excess material would not be
consistent with the landfill design as approved by
EPA. The SPO will give notice of such determination
as provided in paragraph l(d).
(b) The PCB material shall be delivered by Fort Bragg or
~ ~"". ~ ' , t ~'i . ., ·its agents to the Warren County PCB land£ ill in accordance
with a reasonable delivery schedule established by the
·state Project Officer. The delivery schedule shall be
set forth in writing by the SPO and shall be communicated
to the Army Project Officer (APO) by telephone immediately
..,.,,.,,
-2-
,. ~
upon its formulation. The schedule shall not require
delivery earlier than 7 days after the schedule is
communicated to the APO. The written delivery schedule
shall be hand-delivered or sent first 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 schedule in accordance with
verbal communications between the State Project Officer
or his ·agent and the APO. The schedule shall indicate
the persons authorized to give and receive any such
verbal instructions.
(c) The method of delivery of the PCB material shall comply
with all requirements imposed 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 operation of the
landfill.
(d) Upon a determination by the SPO that the 1andfill has or
may have insufficient capacity to meet State needs, the
SPO may immediately terminate or suspend this agreement.
Notice of termination or suspension under the provisions
, '·t ~,.-::-of this paragraph shall be communicated by the Department
to the APO or the office of the APO as soon as practicable
by telephone and shall be confirmed by letter. The
termination under this provisions shall be effective at
the time designated by the Department and may be
-3-
effective immediately upon notice to the APO or his
office. This agreement cannot be terminated or suspended
under this subparagraph 1. (d}, after the delivery
schedule has been specified as required in subparagraph
1. (b) except that the agreement can be terminated or
suspended at any time with respect to material from
Fort Bragg in excess .of 8000 cu. yds.
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. Fort Bragg agrees to reimburse the State for this pro
rata share of the cost of landfill construction and operation
based upon the actual amount of material deposited up to an
amount of $ ----The cost of landfill construction and operation
will be determined by the accounting methods used to compute costs
under the State/EPA Superfund Cooperative Agreement. In the event
the Department determines that Fort Bragg's pro rata share will
exceed$ the State will notify Fort Bragg immediately and
will be under no obligation to accept additional material from
Fort Bragg until Fort Bragg provides assurance acceptable to the
Department .that it will provide its pro rata share of the total
co.sts.
I,. ,'t ~~·.·_;
4.
·,
The State Porject Officer is William W. Phillips, Jr.,
Assistant .to the Secretary, Department of Crime Control and
Public Safety, P. o. Box 27687, Raleigh, NC 27611, telephone:
[phone]. The APO is J. Bruce Parker (alternate: Mr.
-4-
Andrew L. Robinson), XVIII Airborne Corps and Fort Bragg,
ATTN: AFZA-EH-EE, Fort Bragg, NC 28307, telephone:
396-8207/3372.
(919)
XVIII Airborne Corps & Fort Bragg
Fort Bragg, NC
N.C. Department of Crime
Control and Public Safety
Lt. Gen. Jack V. Mackmull
Commanding General
XVIII Airborne Corps & Fort Bragg
This the __ day of , 1982. -----
Heman R. Clark
Secretary, Crime Control
and Public Safety
This the day of , 1982
MEMORANDUM
TO:
FROM:
RE:
Bill Phillips
Bill Raney~
27 July 1982
State/Ft. Bragg -Coop Agreement
I s p oke to both you and Cris about the meeting you had
on J u l y 22 , 1982 with a contract officer from Fort Bragg. I
am still somewhat hazy on what was agreed. If Fort Bragg re-
quires a fixed cost or unit cost contract it would leave the
State potentially vulnerable to having to absorb unexpected
expenses. It is possible to make provisions in the contract
for the State to keep a running accounting and to refuse to
accept additional material from Fort Bragg if our expenses
incurred as a result of Fort Bragg exceed the contract price.
Perhaps we should get together to discuss this furthe r
so as to come up woth appropriate language for the contr act.
/dw
cc: Bob Jansen
j
North Carolin a V epcmrncnt of
Crfrne Control .1· ~~\ 1
& Pu blic Safety ,>~
512 N. Sa!isbu;1 Str(!et F O lL _:,r --~ RJ!ei,1h 2751 i 1657 1·,11S·,::, ·!. ,
James B. Hunt , Jr., Governor Jul y l 2 , l 982
C
(
Commander
XVIII Airborne Corp s & Fort Bragg
Attn: AFZA-EH-EE-Bruce Parker
Fo r t Bragg, NC 28307
Re: PCB Waste Disposal
Cooperative Agreement
Dear Bruce:
NORTH CAROLINA
ATTORNEY GENERAL'S OFFICE
JUL. 1 4 1QR?
ENVIRONMENTAL PROTECTION SECTION
RECEIVED
Confirming our telephone conversation of today, we will not
be abl e to accept the latest draft of the proposed agreement
betwee n this State and Fort Bragg as revised by Army officials.
Specifically, the North Carolina Attorney General advises us that
t he following words on the second page, fourth paragraph would
have to be deleted:
" ... to use its best efforts to enter into an additional
agreement ... "
By removing this language, North Carolina can be assured
of no additional expense as a result of Fort Bragg's partici-
pation.
Please let me know if this is satisfactory.
WWPjr:jj
Enc.
be: Bi 11 Raney
;:£rd ~ '
~~m H. Phillips, Jr.
Assistant to the Secretary
1,
8 June 1982
MEMORANDUM
TO: Bill Phillips, Bob Jansen
FROM: ~-Bill Raney~~
RE: Cooperative Agreement Between CCPS & Fort Bragg
Attached hereto
Bob Jansen's request.
to be worked out once
but it will give Fort
is a draft cooperative agreement as per
As you can see, it leaves a lot of detail
the construction schedule is established
Bragg something to start with.
After our last meeting, I discussed the agreement with
Bill Andreen who is an EPA lawyer in Atlanta. It was his feeling
that EPA might allow us to claim as grant eligible expenses the
total cost of the landfill. If this is the case the State would
not be out-of-pocket any additional money due to accepting the
Fort Bragg material. In the event this is not the case I included
paragraph 3 which would allow us to charge Fort Bragg for any
out-o f -pocket expenses we might incur due to their participation.
This is a very rough draft. If either of you have sugges-
tions or comments I will be happy to incorporate them. Let me
know i: you need any thing further.
/dw
enclosure
t
STATE OF NORTH CAROLINA
OFFICE OF THE GOVERNOR
RALEIGH 27611
JAMES 8 . HUNT. JR.
GOVERNOR June 2, 1982
MEMORANDUM
To: Bill Raney
From:
Re:
Special Deputy Attorney General J/}/f:· Robert Jansen1 , -~ -
PCB Clean-Up Project at Ft. Bragg
NORTH CAROLINA
ATTORNEY GENERAL'S OFFICE
tNVIRONMENTAL PROTECTION SECTION
RECEIVED
At the request of Bill Phillips, I talked with the folks
at Ft. Bragg about their plans for removing the contaminated
soil inside the military reservation. Mr. Bruce Parker told
me that he had received a letter from EPA's Bill Hedeman
turning down Ft. Bragg's request for a grant from Superfund.
He said that they had obtained $496,000 from a special fund
at DOD, and they are now in the process of compiling the
required information for EPA approval of their plan.
Mr. Parker asked for a memorandum of agreement between the
State of North Carolina and Ft. Bragg which spells out the
terms and conditions of DOD's access to the Warren County
Landfill. He said that the document would be signed by Lt.
Gen. Jack V. MackMull, Commanding General, XIII Airborne
Corps, Ft. Bragg, North Carolina 28307.
Can you assist by preparing a first draft of this agreement.
I can get any additional information you need from Ft. Bragg
and you can send the draft to Bill Phillips or me.
cc: Bill Phillips
Assistant to the Secretary
Department of Crime Control
and Public Safety
JAMES 8 . HUNT. JR.
GOVERNOR
NORTH CAROLINA
ATTORNEY GENERAL'S OFFICE
DEC -/ 198;?
STATE OF NORTH CAROLI Nl1;,,,HONMtNTAL PRJTECTIJrJ SECTION
OFFICE OF THE GOVERNOR RECE IVED
RALEIGH 27611
December 1, 1982
MEMORANDUM
To:
From:
Quentin Lindsey
Robert Jansen
Heman R. Clark
William W. Phillips
M. C. "Bob" Adams
James B. Hunt, Jr., Governor
W. F. Rosser
.,.tJilliam A. Raney o. w. Strickland
William Meyer
cr,,1J,fl.
I want you to have a copy of this letter from General
Mackmull. I think it shows that our efforts are
appreciated and I am pleased that the folks at Fort
Bragg recognized the special efforts we made to take
care of their pro~lem when we solved our own.
I am sure that you know that I agree with his feelings
about your special efforts. This has been a difficult
project and all of us are pleased that it has been
completed.
Enclosure
.>
DEPARTMENT OF THE ARMY
HEADQUARTERS XVII I A IRBORNE C O R F'S AND F ORT
F O RT BR AGG . N O RTH C "-ROLIN,\ 28307
B R/J. c~C.
AFZA-EH
Honorable James B. Hunt, Jr.
Governor of North Carolina
Raleigh , North Carolina 27611
Dear Governor Hunt:
2 2 NOV 1982
I would like to personally thank you for your involvement in the successful
interment of the North Carolina/Fort Bragg PCB-laden soil. I have no
question that without your firmness and finesse in this matter, we would
still be addressing this problem with no solution in sight. Fort Bragg owes
North Carolina, and most importantly its governor, a tremendous debt of
gratitude for this support. We have proven once again that state and federal
government agencies can successfully work together to achieve a common goal.
I am most appreciative for the outstanding cooperation your total staff gave
to Fort Bragg in completing this endeavor. Every time a new problem would
arise your people very quickly responded with an appropriate solution.
Please convey my appreciation to Dr. Lindsay and Mr. Jansen of your
Advisory Staff; Messrs. Clark and Phillips, Department of Crime Control and
Public Safety; Messrs. Adams and Rosser, Division of Highways; Mr. Raney,
Office of the Attorney General; and Messrs. Strickland and Meyer, Division
of Health Services; for their many contributions toward the successful execu-
tion of the project.
Sincerely,
Lieutenant General, USA
Commanding
$ 389,302.65
60,000.00
70,419.81
13,500.00
$ 533,222.46
X 23~~
$ 122,641.17
+ 11,250.00
-5,"175.00
$ 128, 716 . 17
REVISED EXPLANATION OF CONTRACT PRICE
LANDFILL COST
Construction -Landfill
Construction -Access Road
Design Fee
Soi1 Testing
Fort Bragg Share
' '
NORTH CAROLINA
ATTORNEY GENERAL'S OFFICE
0, 0 T -1no2 I .. , '._J I _ :-1(")
ENVIRON111tNTAL PROTECTION SECTION
RECEIVED
Contractor's fee for excess days of work $750 x 15
23% of landfill operating cost for six-week non-
penalty period
Total Landfill Cost
LAW ENFORCEMENT COST
COST DEPARTMENT OF CORRECTION (MILEAGE COST ONLY)
$ 4.00
l. 75
.36
$ 6. 11
xl 00 mil es
-=-s --=51,-:-1---,. o~o
x15
$ 4,165.00
=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
$ 1,069.00
X 15
$ 16,035.00
cost per day (fuel and crew)
days
HIGHWAY PATROL OUT-OF-POCKET COST
$ 35.00
x94
$ 3,290.00
xl5
$ 49,350.00
$ 69,550.00
per diem -per day
troopers
cost per day
R. Clark, Secretary
N.C. Department of Crime Control & Public
Safety
September 28, 1982
I
North Carolina Department of
Crime Control~~
. & Publi _c Safety
512 N. Sa/rsbury Street P. 0 Box 2768/ Rale,gh 2761 1 7687 (9191 i'J i 2126
James B. Hunt, Jr., Governor October l, 1982 Heman R. Clark, S"-cretary
')
I
/
Comr.iander
XVIII Airborne Corps & Fort Bragg
Attn: AFZA-EH-EE -Bruce Parker
Fort Bragg, North Carolina 28307
Dear Mr. Parker:
Confirming my telephone conversation with Betty Wiser and
Larry Travis today,your contractor may begin depositing the approxi-
mately 9,300 cubic yards of PCB contaminated soil at 7:30 a.m.
Wednesday, October 6.
vJWPjr: jj
cc: Larry Travis
Bob Adams
Al Hanke
Frank Rainey
Bi 11 Raney t--'-
Jack Reavis
iz-1,; ' ~~~
William W. Phil~ ti
Assistant to the Secretary
5 October 1982
MEMORANDUM
TO:
FROM:
RE:
Bill Phillips
Bill Raney
Contract Number DAKF40-82-C-1718
I have read the materials you provided. I believe that they
accurately reflect the contract with the changes we suggested.
I have still not seen any written statement from the Army that
they do not object to the terms of our contract with Lineberger.
For this reason, I would reiterate this in a cover letter to
them. I suggest a letter as follows:
/dw
Dear Mr. Barefoot:
Pursuant to your request of September 30,
1982, I have executed -
1. Contractors Acknowledgement of
Contracting Officer's Repre-
sentative Designation; and
2. Acknowledgement of Receipt of
Contract No. DAKF40-82-C-1718.
I would like to reiterate the statement
made as item (3) in the cover letter which we
submitted with our offer dated September 27,
1982. We still have not received the letter
requested in this item. If we need to provide
further information on that subject pleaS=let
me know.
I
j