109582_-_Special_Conditions.pdf

WASHINGTON SUBURBAN SANITARY COMMISSION

PROCUREMENT DEPARTMENT

CONTRACT NO. 1 0 9 5 8 2 /BQ8231A26

POTOMAC WATER FILTRATION PLANT(WFP)

WATER QUALITY /PFAS PILOT PROJECT

(PROGRESSIVE DESIGN-BUILD)

SPECIAL CONDITIONS

1. AMERICAN MANUFACTURED GOODS REQUIREMENT

The Design Builder and all Subcontractors shall comply with the Maryland American Manufactured Goods Act, Maryland Annotated Code, State Finance and Procurement, § 14-416 (including the applicable regulations promulgated thereunder).

This statute requires the Design Builder and subcontractors to use or supply only American manufactured goods in the performance of a contract for:

(1) constructing or maintaining a public work; or

(2) buying or manufacturing machinery or equipment that is to be installed at a public work site.

2. SLMBE REQUIREMENTS

The Owner and Design Builder acknowledge and agree that the twenty percent (20%) MBE/SLBE subcontracting participation, reporting and other MBE/SLBE requirements set forth in Appendix A apply to both the preliminary stage and to the completion stage of this contract, irrespective of whether the Owner accepts the completion stage pricing and proceeds with the completion stage of the contract.”

3. WSSC TRAVEL EXPENSE REIMBURSEMENT

Design Builder agrees to review and comply with WSSC’s Official Travel Expense Reimbursement regulation contained in Chapter 9.85 of the WSSC Code of Regulations. See https://wssc.district.codes/Code/9.85. To the extent Design Builder’s compensation under this Agreement includes reimbursement of travel expenses, the reimbursement of such expenses shall be governed by the Commission’s WSSC Code of Regulations Chapter 9.85, and the Design Builder shall comply with the requirements of the Regulation including without limitation the requirements for mileage and travel reimbursement in Chapter 9.85.140 of the Regulation.

4. PERSONAL INFORMATION PROTECTION

The Commission may disclose "Personal information" to Contractor as defined in § 10-1301 of the State Government Article of the Annotated Code of Maryland.

In accordance with the requirements of § 10-1304 of the State Government Article, the Design Builder shall implement and maintain reasonable security procedures and practices that: are appropriate to the nature of the personal information disclosed to it, and are reasonably designed to help protect personal information from unauthorized access, use, modification, disclosure, or destruction.

Upon reasonable advance notice, and without creating an obligation to do so, the Commission shall have the right to verify and audit the security procedures and practices implemented and maintained by Contractor for this purpose. Contractor shall remain solely responsible for its security procedures and practices.

5. RIGHT TO AUDIT

The Commission has a right to audit the Design Builder and its subcontractors in accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.450.

6. PROHIBITION AGAINST COST PLUS PERCENTAGE OF COST

CONTRACTS AND SUBCONTRACTS

The Commission is prohibited from entering into a cost-plus-percentage-of-cost contract on this Project pursuant § 20-104 (d) of the Public Utilities Article of the Annotated Code of Maryland. This Agreement shall not be construed or applied to provide compensation to the Design Builder on a cost-plus-percentage-of cost basis, and the Design Builder is prohibited from entering into a cost-plus-percentage-of-cost subcontract under this Agreement.

7. DISCLOSURES RELATING TO SUBCONTRACTORS OR SERVICES

PERFORMED OUTSIDE THE UNITED STATES

Pursuant to Article 12-111 of the State Finance and Procurement Article of the Annotated Code of Maryland (including applicable regulations promulgated thereunder), the Commission may not knowingly contract for the following services unless the services are to be provided in the United States:

1. Architectural services;

2. Construction services;

3. Engineering services; or

4. Energy performance contract services

The Design Builder shall have complied with the requirements of Article 12-111 of the State Finance and Procurement Article of the Annotated Code of Maryland (including applicable regulations promulgated thereunder), and shall at the time of its proposal disclose to the Commission:

a) whether the Proposer or any entity with whom it will subcontract has plans at the time of its proposal to perform any services required under the contract outside the United States, and

b) if services required under the contract are anticipated to be performed outside the United States where such services will be performed and the reasons why it is necessary or advantageous to perform the services outside the United States.

Article 12-111 of the State Finance & Procurement Article provides that the Commission may contract for such services provided outside the United States if:

a) The services are not available in the United States;

b) The price of such services in the United States exceeds by an unreasonable amount the price of services provided outside the United States; or

c) The quality of the services in the United States is substantially less than the quality of comparably priced services provided outside the United States.

All proposals are required to include such information as is necessary for the Commission to determine if the aforesaid exceptions apply, and the Design Builder shall not contract with the Commission or enter into a subcontract for the performance of any such services outside the United States without the approval and permission of the Commission.

8. CONTINGENT SPECIAL CONDITIONS

WSSC Water intends to obtain funding for the project from the Maryland Department of Environment (“MDE”). As of the date of advertisement of this solicitation, WSSC Water has not been awarded funding from MDE, but WSSC Water is hopeful that such funding is awarded prior to the beginning of the construction phase of this project.

In the event that funding is awarded to WSSC Water by MDE, the awardee will be notified in writing of the decision. Additionally, the attached MDE requirements will apply to the contract and will be incorporated into the contract. These MDE requirements will apply in the event that MDE funding is awarded to WSSC Water.

If funding is not obtained, the MDE requirements will not be applicable to the contract.