85. Fried, Frank, Harris, Shriver & Jacobson, Case No. VFA-0263, February 24, 1997
OF THE DEPARTMENT OF ENERGY. Appeal. Name of PetitionerFried, frank, harris,Shriver Jacobson. Date of FilingJanuary 24, 1997. Case Number VFA0263.
http://www.oha.doe.gov/cases/foia/vfa0263.htm |
February 24, 1997 DECISION AND ORDER OF THE DEPARTMENT OF ENERGY Appeal Date of Filing:January 24, 1997 Case Number: VFA-0263 I. Background or incorporated by reference in the contract.(1) AO stated that since the Burns and Roe proposal has not been set forth or incorporated by reference in the contract, it must withhold the remaining requested information. In its appeal, Fried argues that AO should release the Burns and Roe proposal because the contract that AO awarded incorporated it by reference. Fried cites the following four examples of instances where the final contract incorporated elements of the Burns and Roe proposal: (a) All Representations, Certifications, and other statements of offeror are explicitly incorporated by reference at Paragraph H.01, page (57) of the material disclosed (page references, unless otherwise noted, are to handwritten page numbers on the bottom, middle of each page);(b) Section J, Attachment B, page (127) et seq., "Work Breakdown Structure" (Part of the Contract Work Statement, see Paragraph C.01) bears the original RFP Number and appears to be taken directly from the Burns and Roe proposal;© Section J, Attachment F, page (173) et seq., "Small Business Plan" incorporates the Burns and Roe proposal (note parenthetical heading on page (173), "Contractor's Plan is incorporated herein");(d) The Statement of Work ("SOW") Section J, Attachment A, beginning at page (90), contains numerous revision bars not present in the RFP and must represent changes from the Burns and Roe proposal. | |
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