HomeMy WebLinkAboutCOM 0082.000 2004-2006 Jane H. Testa
Harry K1IT1 Director
Mayor
r.r
••~Y• M'+
County of Hawaii
DEPARTMENT OF RESEARCH AND DEVELOPMENT
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 '
(SOS) 961-8366 • Fax (SOS) 935-1205 ~
E-mail: clvesdev@interpaanet ,
MEMORANDUM r`.
TO: Gazy Safarik, Chairman and Members of the Hawai' i County Council
THRU: Deanna Sako, Controller -
FROM: Jane H. Testa, Director,
DATE: January 19, 2005
SUBJECT: NOTIFICATION OF GRANT AWARD
Compliance with Ordinance No. 04-74, Section 7(1)
Name of Grant Program: Energy Coordinator
Grantor State of Hawai' i - DEBDT
County Grantee Department or Agency: Department of Reseazch and Development
Grant No. (IF KNOWN):
Amount of Grant: $60,600
Amount of County Match: $30,830
County Revenue & Expenditure Account Numbers: Revenue: 3304.46; exp.: 010-161-5162.85
Grant Period (Commencement & Completion): July 1, 2004 -June 30, 2005
Purpose of Grant: State Energy Program
Is final report required by grantor? ~ Yes ? No
Notification attached: ®Yes ? No, because
Comm. No. O Z
Ref. To:_
Ref. Uafe~
Hawari County is an Equal Opportunity Provider and Employer Form NGA G/Ol
STATE OF HAWAII
CONTRACT FOR GOODS AND SERVICES
(IN THE FOLLOWWG CATEGORIES: EXEMPT; SMALL PURCHASE;
SOLE SOURCE; OR EMERGENCl~
This Contract, executed on the respective dates indicated below, is effective as of
~(,t, V ~ .2004 ,betweenDeoartment of Business Economic Development and Touris
(Jnrerf namc ojslale deparnnenl, agenry, board or commiss'ionJ
State of Hawaii (hereinafter "STATE"), by its State Director
(insert lr!/e ojperson ngnmgjor SlaleJ
(hereinafter "PROCUREMENT OFFICER', whose address isNo. 1 Capi tol District Burl di ng,
250 S. Hotel St., Honolulu, HI 96813 and The County of Hawaii
(In,erf name ojcompa,ry/pcrsonJ
.(hereinafter"COr?TRACTOR'~,a County to the State of Hawaii
(Jnserf corporanoq parbrerrhrp,~om! vennvq sofepropnelorshrp, a other /ego/jorm oj/he Condncmr)
under the laws of the State of Hawaii whose business address and taxpayer
identification number aze as follows: 25 IUOUni St. , Room 219, Hilo, HI 96720
RECITALS
A. The STATE.is in need of the goods or services, or both, (also referred to as
"goods and services', described in this Contract and its attachments. The CONTRACTOR is
agreeable to providing the goods and services.
B. This Contract is for (check one box):
l~1 (1) A procurement expenditwe ofpublic funds for goods and services
that is otherwise exempt from public bidding as set forth in section 103D-102, Hawaii Revised
Statutes (HRS), and chapter 3-120, Hawaii Administrative Rules (HAR); or
or
? (2) A small pwchase procwement of goods and services as set forth
in section 103D-305, HRS, and subchapter:8, chapter 3-122, HAR; or
? (3) A sole sowce procwement of goods and services as set. forth in
section 103D-306, HRS, and subchapter 9, chapter 3-122, HAR; or
? (4) An emergency procurement of goods and services as set forth in
section 103D-307, HRS, and subchapter 10, chapter 3-122, HAR.
1 AG/SPO FORM-K(2) (]/Ol)
C. Money is avai]able to fund this Contract pursuant to:
(l) (Jdeuh Stale aourcuJ
or (2) U.S. Department of Fnarny tra+P FaA,-9y cre•gram rant:
(rdenl~ FederoltwrttJ Q
or both, in the following amounts: State $
Federal $ 60 , 600.00
D. The agency's Chief Procurement Officer is Aaron Fu j i o ka
who O has approved this procurement or ®is not required to approve this procurement.
NOW, THEREFORE, in consideration of the promises contained in this Contract,
the STATE and the CONTRACTOR agree as follows:
] . Scope of Services. The CONTRACTOR shall, in a proper and satisfactory
manner as determined by the STATE, provide all the goods or services set forth in Attachment 1,
which is hereby made a part of this Contract.
2. Compensation. The CONTRACTOR shall be compensated in a total amount
not to exceed Sixty Thousand and Six Hundred and 00/100
DOLLARS 60,600.00 including approved costs incurred and taxes, according to the
Compensation and Payment Schedule set forth in Attachment 2, which is hereby made a part of this
Contract.
3. Bonds. The CONTRACTOR Ois required to provide ®is not required to
provide ~ a performance bond O a payment bond. O a performance and payment bond in the
amount of
DOLLARS
4. Standards of Conduct Declazation. The Standazds of Conduct Declaration of
the CONTRACTOR, is attached and is made a part of this Contract.
5. Other Terms and Conditions. The General Conditions and any Special
Provisions are attached hereto and made apart of this Contract In the event of a conflict between
the General Conditions and the Special Provisions, the Special Provisions shall control.
6. Liquidated Damages. Liquidated damages shall be assessed in the amount
of N/A DOLLARS N/A
per day, in accordance with the terms of pazagraph 9 of the General Conditions.
Z AG/SPO FORM-K(2) (I/Ol)
7. Notices. Any written notice required to be given by any party to this Contract
shall be (a) delivered personally, or (b) sent by United States first class mail, postage prepaid. Notice
required to be given to the Procurement Officer or the CONTRACTOR shall be sent to the
respective address as indicated in this Contract. A notice shall be deemed to have been received three
(3) days after mailing or at the time of actual receipt, whichever is eazlier. The CONTRACTOR is
responsible for notifying the STATE in writing of any change of address.
IN VI$W OF THE ABOVE, the parties execute this Contract by their signatures, on
the dates below, to be effective as of the date first above written.
Approval Recortmended:
,ST~A/TEQ ' ~
~ Jane Higa Test v ~'.,~ILG4L~
Research & Develognent Director (SignarmeJ
Thanrlnra F I iu
(Print Name)
Approved as to form and legality: pirartnr
(Prim! 7'iIleJ
~ s- 3-0 . v c~L
BY ~L.L~,,e %tai ~ . L] (Dole)
Deputy Corporation Counsel
County of Hawaii
CONTRACTOR
CORPORATE SEAL
(If available)
County of Hawaii
flnrer! rmme oJComraclorJ
(Sigoamre)
Dixie Kaetsn'
- (Prim Name)
` Managinq Director
"MAY ~6'a~!
(Date)
APPROVED AS TO FORM:
eputy Attorney eral -
tdence of authority of the CONIRACTOR's representative to sign this Contract for the CON7RAC?OR must be attached.
3 ncisro eoRm-xt2~ pion
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this ~ fiy
day of ~j~ , 2004, before me
personally appeared DIXIE KAETSU, to me personally known, who, being by me duly
sworn, did say that she is the Managing Director of the County of Hawaii, a municipal
corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is
the corporate seal of said County of Hawaii; that the foregoing instrument was
signed and sealed in behalf of the County of Hawaii by authority given to said Mayor
of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii
(2000), as amended, and assigned by the Mayor to the Managing Director pursuant
to Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged
said instrument to be the free act and deed of said County of Hawaii.
VI~INIA M. TOLENTINO
Notary Public, State of Hawaii
My commission expires: 4/22/2005
``tptttttiT rAr~~fi
. ti .
CONTRACT012'S ACKNOWLEDGMENT
STATE OF )
SS.
COUNTY OF )
On this day of 20 before me appeared
and to
me known, to be the person(s) described in and, who, being by me duly sworn, did say that
he/she/they is/aze and of
the CONTRACTOR named in the .foregoing
instrument, and that he/she/they is/aze authorized to sign said instrument on behalf of the
CONTRACTOR, and acknowledges that he/she/they executed said instrument as the free act and
deed of the CONTRACTOR.
(Signanve)
(Prim Name)
(Notary. Seal)
Notary Public, State of
My commission expires:
4 AG/SPO FORM-K(2) (1/01)
CERTIFICATE OF EXEMPTION FROM CIVIL SERVICE
i. By Beads of Departments or Agencies as Delegated by the Director of Human
Resources Development (a.)
Pursuant to a delegation of the authority by the Director of Human Resources Development,
I certify that the services provided under this Contract, and the person(s) providing the
services under this Contract aze exempt from the civil service, pursuant to §76-16, Hawaii
Revised Statutes (HRS), or if the services under this Contract are not exempted from civil
service by §76-16, HRS, they aze exempted from civil service by Section 8, Act 230, ]'998
Hawaii Session Laws 785, 788.
~;gn°rnreJ
(Prior Name)
JJ FQu i''
/ > Rx-z-rUrZZ
(Frio Tide)
3'1,00
(DareJ
a. Item I of this certificaate may be used by all department heads and others to whom the
Director of Human Resources Development (DHRD) has delegated authority to certify §76-
] 6, HRS, civil service exemptions. The specific paragraph(s) of §76-16, HRS, upon which
an exemption is based should be noted in the contract file.
NOTE: If authority to certify exceptions under §§76-16(2) and 76-16(3), HRS, has not been
delegated, only the Director of DHRD may certify §§76-16(2) and 76-16(3)
exceptions.
$ AG/SPO FORM-K(2) (1/Ol)
CERTIFICATE OF EXEMPTION FROM CIVIL SERVICE
2. By the Director of Human Resources Development, State of Hawaii (b.)
I certify that the services to be provided under tlvs Contract, and the person(s) providing the
services under this Contract are exempt from civi] service, pursuant to §76-] 6, Hawaii
Revised Statutes (HRS), or if the services under this Contract are not exempted from civil
service by §76-16, HRS, they are exempted from civil service by Section 8, Act 230, 1998
Hawaii Session Laws 785, 788.
(Signature)
(Prim! Name) '
(Prin! Tilie, if deaigneerojt6e Director ojOHRDf
(Dare)
b. Item 2 of this certificate may be used only by the Director of Human Resources Development
(DHRD) or the Director's designee.
NOTE: If authority to certify exemptions under §§76-16(2) and 76-16(3), HRS, has not
been delegated, only the Director ofDHRD may certify §§76-16(2) and 76-16(3) exceptions.
6 AG/SPO FORM-K(2) (3/01)
CONTRACTOR'S
STANDARDS OF CONDUCT DECLARATION
For the purposes of this declazation:
"Agency" means and includes the State, the legislature and its committees, all
executive departments, boards, commissions, committees, bureaus, offices; and
all independent commissions and other establishments of the state government but
excluding the courts.
"Controlling interest" means an interest in a business or other undertaking which
is sufficient in fact to control, whether the interest is greater or less than fifty per
cent (50%).
"Employee" means any nominated, appointed, or elected officer or employee of
the State, including members of boards, commissions, and committees, and
employees under contract to the State or of the constitutional convention, but
excluding legislators, delegates to the constitutional convention, justices, and
judges. (Section 84-3, HRS).
On behalf of the County of Hawaii CONTRACTOR, the undersigned does
declare as follows:
1. CONTRACTOR ? is~ [lp is not a legislator or an employee or a business in which a
legislator or an employee has a controlling interest. (Section 84-IS(a), HRS).
2. CONTRACTOR has not been represented or assisted personally in the matter by an
individual who has been an employee of the agency awarding this Contract within the
preceding two years and who participated while so employed in the matter with which the
Contract is directly concerned. (Section 84-15(b), HRS).
3. CONTRACTOR has not been assisted or represented by a legislator or employee for a
fee or other compensation to obtain this Contract and will not be assisted or represented
by a legislator or employee for a fee or other compensation in the performance of this
Contract, if the legislator or employee had been involved in the development or award of
the Contract. (Section 84-14 (d), HRS).
4. CCNTRACTOR has not been represented on matters related to this Contract, for a fee or
other consideration by an individual who, within the past twelve (12) months, has been an
agency employee, or in the case of the Legislature, a legislator, and participated while an
Reminder to a¢ency: If the "is" block is checked and if the Contract involves goods or services of a value in
excess of $10,000, the Contract must be awarded by competitive sealed bidding under section 103D-302, HRS, or a -
competitive sealed proposal under section ] 03D-303, HRS. Otherwise, the agency may not award the Contract
unless it posts a notice of its intent to award it and files a copy of the notice with the State Ethics Commission.
(Section 84-15(a), HRS).
Revised 1/04
employee or legislator on matters related to this Contract. (Sections 84-18(b) and (c),
HRS).
CONTRACTOR understands that the Contract to which this document is attached is voidable
on behalf of the STATE if this Contract was entered into in violation of any provision of
chapter 84, Hawaii Revised Statutes, commonly referred to as the Code of Ethics, including the
provisions which are the source of the declarations above. Additionally, any fee, compensation,
gift, or profit received by any person as a result of a violation of the Code of Ethics maybe
recovered by the STATE.
DATED: Honolulu, Hawaii, MAY. O 7 ?~A4
CONTRA1C~ T~OpR~~
By ~`~V`'°'""~r
(signature) -
Print Name ~~X1E KAETSU
Print Title M°^O9t^9 bireetor
Name of Contractor
Date
~ioo~ i 2 Kevised 1/04
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this 1 day of , 2004, before me
personally appeared DIXIE tWETSU, to me personally known, who, being by me duly
sworn, did say that she is the Managing Director of the County of Hawaii, a municipal
corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is
the corporate seal of said County of Hawaii; that the foregoing instrument was
signed and sealed in behalf of the County of Hawaii by authority given to said Mayor
of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii
(2000), as amended, and assigned by the Mayor to the Managing Director pursuant
to Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged
said instrument to be the free act and deed of said County of Hawaii.
~i~.~.~~.~I ~'"ECG l1
VIR~Ct(VIA M. TOLENTINO
Notary Public, State of Hawaii
My commission expires: 4/22/2005
ra;ir~f
' ^
~ -
Attachment i
SCOPE OF SERVICES
The CONTRACTOR shall perform and provide, in a satisfactory and proper
manner as determined by the STATE, the following services:
I. Submit for STATE approval a Work Order for each quarter at least four (4) weeks
prior to the start of each quarter. The first quarter Work Order shall be submitted
within ten (10) days of the effective date of this Contract.
A. Work Orders shall be in accordance with Exhibit A, "Pro-Forma for Work
Orders;' attached hereto and incorporated herein. Work Orders shall include,
but not be limited to, planned activities, deliverables, and an estimated budget
for each project.
B. A notice to proceed will be issued by the STATE upon approval of each Work
Order.
C. Work Orders may be amended with prior written approval of the STATE.
II. Upon receipt of an approved Work Order from the STATE, the CONTRACTOR
shall perform the following energy outreach programs:
A. Task A: Participate in Regulatory and Legislative Programs to promote the
efficient use of energy, safeguard the ability to provide needed governmental
services, protect the public interest, monitor electricity costs, and avoid negative
impacts on land use planning and energy emergency planning.
1. Monitor, participate and coordinate Public Utilities Commission (PUC) and
energy utility-related Integrated Resource Planning activities, including, but
not limited to, PUC dockets, workshops, advisory group meetings, and
Hawaii Electric Light Company Advisory Group meetings. Work with State,
County, and citizen s groups to ensure that energy utility plans are consistent
with State and County goals and objectives.
2. Monitor the progress of energy related bills being considered by the State
legislature and submit written or oral testimony on bills which serve to
ensure safe and reliable energy and protect specific County and State
concerns.
3. Work collaboratively with the STATE, utilities, community groups, and
private business interests in an effort to optimize the planning programs.
B. Task B: Economic Development Projects
1. Represent the County of Hawaii and participate in the Energy Emergency
Preparedness (EEP) planning and development with the STATE's Energy
Planning and Policy Group. Coordinate EEP programs and participate in
emergency exercises to ensure a high degree of readiness.
2. Energy Efficiency Retrofits:
a. Continue verification of energy savings to the Hawaii County Building
resulting from the energy retrofit provided through performance
contracts.
b. Coordinate retrofit construction activities implemented under a
performance contract for energy efficiency retrofits of various County
agencies including Public Works, Police and Parks and Recreation
Departments. Verify energy savings upon completion of projects.
c. Facilitate the implementation of the Hawaii County Depaztment of Water
Supply measures in developing appropriate methods, including
performance contracting, for implementing energy efficiency measures in
their facilities.
3. Model Energy Code (MEC): Provide required services to Hawaii County
Building Division in regazd to compliance software, monitoring and
enforcement of the MEC, including drafting legislation to amend provisions
of the MEC as required.
C. Task C: Technology Marketing Projects
1. Continue implementing the Action Plan for Rebuild Hawaii Island. Report
on energy savings achieved through retrofits of Hawaii County facilities and
provide assistance to other governmental agencies and private interests
interested in implementing energy efficiency measures.
2. Support the promotion of renewable energy development through the
Million Solar Roofs program initiated and coordinated by groups such as, but
not limited to, the Utility Photovoltaic Group, County, private sector and
local utility groups. Focus on the County Department of Water Supply
regarding the Rebuild America grant for energy efficiency measures.
3. Promote the development and use of renewable energy technologies and
efficiency by developing and issuing Requests for Proposals (RFP's) for
projects funded in part by the County of Hawaii, and administering the
contracts awarded.
4. Attend meetings of the Rebuild Hawaii consortium, Western Region Peer
Exchange and National forums of the Rebuild America program.
5. Promote the use of cogeneration, fuel cells, microturbines, photovoltaics and
other high-efficiency and renewable technologies in conjunction with Hawaii
Electric Light Company and other organizations.
D. Task D: Program Planning and Administration. Duties shall include, but not be
limited to:
1. Developing and revising budgets, reports, grants, and other written and
visual preparations;
2. Providing administrative functions required in daily operations that are not
directly related to the specific projects listed above, including but not limited
to, preparation of legislative testimony, review of planning documents,
reports and environmental impact statements;
3. Interfacing with federal, state and county agencies, businesses, and the
general public;
4. Participating in any professional development and skill enhancement training
related to the optimum function of the Energy Coordinator; and
5. Other energy-related tasks as approved by the STATE.
III. Reporting requirements: Submit for STATE approval the following reports:
A. Quarterly reports (original and two copies): Quarterly program reports shall be
submitted no later than five (5) working days after the ending of each quarter.
Quazterly program reports shall include, but not be limited to, a summary of the
CONTRACTOR's activities in meeting the goals and deliverables of the
approved Work Order, the requirements of this Contract, and any
recommendations or concerns regarding the projects.
1. Any deliverables not accomplished during a designated quazter should
include an explanation and a brief plan for the next quazter.
2. Quarterly reports shall include reports on meetings, workshops, and
conferences attended; who scheduled the meeting, workshop; the purpose;
who attended and what was discussed or what actions were taken;
conclusions reached, if any; and the CONTRACTOR'S evaluation and
recommendations.
B. A certified fiscal report shall summarize quarterly charges for deliverables in
accordance with the format specified in the attached Exhibit B, "Quarterly Fiscal
Report; 'incorporated herein, and submitted with quarterly invoices as specified
in the attached Exhibit C, "Quarterly Invoice;' incorporated herein.
C. Final reports: A Final Report shall be submitted no later than fifteen (15) calendar
days prior to the termination date of this Contract (original and five copies). The
Final Report shall include, but not be limited to, a summary of the
CONTRACTOR'S overall efforts in meeting the requirements of this Contract
and an evaluation of all projects and recommendations for follow-up and future
activities. A certified final fiscal report, which shall also be the fiscal report for -
the fourth quarter, shall summarize all charges for deliverables during the period
of the contract in accordance with the format specified in the attached Exhibit B,
"Quarterly Fiscal Report," incorporated herein.
D. All reports shall be submitted to Mr. Maurice H. Kaya, Chief Technology Officer,
Energy, Resources Division, Department of Business, Economic Development,
and Tourism, P.O. Box 2359, Honolulu, Hawaii 96804-2359.
Attachment 2
TIME OF PERFORMANCE
Performance of services by the CONTRACTOR shall commence on the
effective date of this Contract, and all of the services required under this Contract
shall be completed by June 30, 2005, unless this Contract is sooner terminated or
extended as hereinafter provided.
Attachment 3
COMPENSATION AND PAYMENT SCHEDULE
The compensation for the services to be performed by the
CONTRACTOR under this Contract shall be the sum of money not to exceed
SIXTY THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($60,600.00),
which sum shall be paid in accordance with the following:
A. Payment shall be made by the STATE to the CONTRACTOR upon receipt
of invoices, in accordance with the attached Exhibit C, "Quarterly Invoice,"
and subject to the other provisions of this section.
B. Payments shall be made in accordance with the preapproved quarterly Work
Order budget.
1. Payment by Deliverables: Payment shall be made only after the STATE
has determined that the work has been satisfactorily performed and that
the CONTRACTOR is entitled to receive payment under the terms of this
Contract. Deliverables are due on or before the end of the quarter, as
stated in the Work Order, unless otherwise approved by the STATE.
2. Cost Reimbursable Basis: Costs will be paid on a cost reimbursable
basis to comply with Appendix A, General Provisions, of the U.S.
Department of Energy's "Grant Provisions for State and Local
Governments," paragraph 1.b., which states:
"This grant is funded on an allowable cost basis without fee or profit to
the grantee organization, not to exceed the amount awarded as indicated
on the face page and is subject to a refund of unexpended funds to
DOE."
C. If an amount for a reported deliverable is determined by the STATE to be
inappropriate and unallowable, the STATE may deduct an equivalent
amount from the current or next payable invoice and may withhold payment
of the amount of monies equivalent to the questioned deliverable until later
resolution of the discrepancy by audit or other means.
D. Final payment shall be made upon the receipt and approval of a final
program and fiscal report and of all other deliverables and other materials to
be submitted by the CONTRACTOR to the STATE, resolution of all
discrepancies in performance of services, and completion of all other
outstanding matters under this Contract.
E. The CONTRACTOR shall comply with all applicable federal laws and rules,
including U.S. Office of Management and Budget Circular A-87 and A-133;
the State Energy Program Regulations; and the U.S. Department of Energy
Financial Assistance Rules, 10 CFR Chapter II, Part 600, which are available
for inspection in the office of the State of Hawaii Department of Business,
Economic Development, and Tourism's Energy, Resources, and Technology
Division, 235 South Beretania Street, Room 506, Honolulu, Hawaii.
F. Funds budgeted for individual projects are estimates and are listed in Work
Orders. Funds within a project group may be shifted from one project to
another within the group upon notification to the STATE. No more than five
percent (5%) of budgeted funds in any project group can be shifted to
another project group within a Work Order without authorization from the
STATE.
G. The entire amount of the CONTRACTOR'S compensation as described
herein is payable out of federal funds and this contract shall be construed
strictly to be a contract to pay said compensation to the CONTRACTOR only
out of federal funds when such are so received. This contract shall not be
construed as a contract to pay the CONTRACTOR'S compensation out of
any other funds than federal funds, when received from the federal
government, under any other circumstances
Attachment 4
SPECIAL CONDITIONS
1. Deletion of Portions of Agreement For purposes of this Agreement, paragraph S on page
2 of the Agreement, "Standazds of Conduct Declaration," together with the attached
Standazds of Conduct Declaration form are hereby deleted and the parties agree that
paragraph 5 of the Agreement and its attached form are not operative.
2. Modification of General Conditions For purposes of this Agreement, subparagraph 20.c.
and paragraph 22 on pages 15 and 16, respectively, of the General Conditions are
modified to read as follows:
"20.c. Time period for claim. Within ten (10) days after receipt of a written change order
under subparagraph 20a, unless the period is extended by the Agency procurement officer
in writing, the CONTRACTOR shall file notice of intent to assert a claim for an
adjustment. Later notification of intent shall not bar the CONTRACTOR's claim unless
the STATE is prejudiced by the delay in notification."
"22. Variation in Quantity for Definite Quantity A¢reements Upon the agrcement of the
STATE and the CONTRACTOR, the quantity of goods or services, or both, if a definite
quantity is specified in this Agreement, may be increased by a maximum often per cent
(10%); provided the unit prices will remain the same except for any price adjustments
otherwise applicable; and the Agency procurement officer makes a written determination
that such an increase will either be more economical than awarding another Agreeme~rt or
that it would not be practical to awazd another Agreement."
3. Deletion of General Conditions For purposes of this Agreement, the following General
Conditions aze hereby deleted from the General Conditions and have no operative effect
between the parties:
a. Subpazagraph 2.e.
b. Subparagraph 17.d.
c. Subparagraphs 19.g. and 19.h.
d. Subparagraph 20.b.
coaaty/fedsc S/97