Amendment 0002_ Attachment 2 - SOW Bottled Drinking Water v8 08.31.21.pdf

Statement of Work (SOW) for IDIQ FEMA Disaster Response & Steady State Readiness

Bottled Drinking Water and Extended Shelf Life Water

I. PURPOSE

The purpose of this requirement is to provide bottled drinking water and extended shelf life water for Steady State and Presidentially declared Emergency Responses to the Federal Emergency Management Agency (FEMA).

II. SCOPE

The Contractor shall furnish all technical and managerial services, as well as materials, equipment, and facilities, to meet the stated specifications and the requirements as defined in this SOW and all attachments.

III. DEFINITIONS

a. Steady State: Commodities required for stock replenishment during normal operations in preparation for emergency response operations.

b. Emergency Response/Surge Operations: Commodities required for an immediate need in support of national emergencies that may be man-made, natural disasters or a National Special Security Event.

c. Truckload (TL): FEMA is estimating 18,000 liters per 53ft trailer to be the industry standard.

d. Extended Shelf Life: A minimum of 120 months (10 years) or greater from date of delivery.

IV. SPECIFIC WATER REQUIREMENTS

Quantity: A minimum of 18,000 liters and maximum of 50,000,000 liters per delivery order.

Water will be delivered throughout 48 contiguous states (CONUS), other than contiguous states (OCONUS) and U.S. territories to meet the required delivery date as prescribed below in Deliverables and Delivery Schedule.

Product Standards: Acceptable types of water are purified or spring water. All water shall be of domestic origin. All water shall be produced, packaged, labeled, transported, stored and handled in accordance with Title 21, Code of Federal Regulations, Parts 101, 110, 129 and 165 and all other applicable Federal, state, and local laws and regulations. All bottles of water must contain an expiration or “best if used by” date that is no sooner than 24 months (2 years) from the date of delivery or as negotiated by the Contracting Officer (CO). Extended Shelf Life water shall have an expiration date or “best if used by date” that is no sooner than 120 months (10 years) from the date of delivery or as negotiated by the CO.

Primary Container: The water shall be packaged in single-service polyethylene terephthalate (PET) bottles with flat caps or similar packages suitable for water consumption. Primary bottles shall be 1 liter in size. Alternative sizes and containers may be acceptable during an emergency response as negotiated by the Contracting Officer (CO). (Generally, 0.5 liter is requested in those circumstances).

Extended Shelf Life Water Primary Container: The water shall be packaged in a 1-liter re-closable packaging (paperboard box or pouch) or aluminum cans suitable for water consumption sized 12 ounces or greater. Acceptable preferred sizes for aluminum cans are 12 ounces – 1 liter.

The container shall not contain any sharp edges that could possibly injure the user. Standard commercial markings for individual packages will be used to clearly mark and to easily identify the nature of contents and the expiration date.

Packaging of Shipping Cases: Water shall be packed in the vendor’s standard commercial casing, which shall be shipped on industry standard size pallets (48L inches by 40W inches, 4-way). Pallets must arrive stretch-wrapped with no less than 10 layers of covering. Material shall be stacked so the total height of each pallet and material does not exceed 55 inches. Pallets shall be hardwood and designed for pickup from all four sides. Shoring and bracing shall be used to prevent shifting during transit. Contractor shall use edge protectors, angle boards or corner protectors on each pallet to prevent shifting and reduce damages during movement. If the water is in a box, bottle or pouch, the outer container shall be of a heavy-duty corrugated shipping boxes to resist sagging.

*Guarantee: If sagging/leaking occurs within 24 months (2 years), the Contractor shall guarantee product replacement of the affected pallets.

V. DELIVERABLES AND DELIVERY SCHEDULE

The Contractor shall be able to accommodate requirements during periods of Steady State and Emergency Response operations. The Contractor shall provide a primary and alternate (if applicable) Point-of-Contact person(s) who will have the authority to commit the company, as required to execute all Delivery Orders. During an emergency response, this or these individual(s) must be available to initiate Delivery Surge Order production 24 hours/7 days per week, including telephone/pager numbers/email for 24-hour contact.

a. Deliverables:

1. Steady State:

During steady state actions, if no Emergency Response/Surge Operations have occurred during the same contract period, the Contractor shall be capable of delivering a minimum of one (1) truckload of drinking water within 30 days of award of a delivery order. This shipment will be delivered to a FEMA Distribution Center (see Section VII below) as directed by the Contracting Officer (CO) or Contracting Officer Representative (COR). For steady state, preponderance of water procurement shall be Extended Shelf Life Water.

2. Disaster Emergency Response/ Surge Operations:

• During an emergency response operation, FEMA requires the Contractor to have the capability to provide up to 900,000 liters (50TL) per day within 24 hours of award, with not-to-exceed 2,700,000 liters (150TL) total delivery by Day 3.

• During an emergency response, the expected product shelf life shall be a minimum of 24 months (18 months of remaining shelf life may be accepted during an emergency response) from the date of delivery unless otherwise approved by the COR or as negotiated by the CO.

• During an emergency response, the Contractor shall deliver bottled drinking water to the event site throughout 48 contiguous states (CONUS), other than contiguous states (OCONUS) and U.S. territories and have the capability to drop the trailers if needed. All emergency response delivery orders shall be dropped at the ISB, SA or alternative location as negotiated by the CO. The trailers may remain in the Government’s possession as long as 30 days or greater. See Attachment I below for trailer requirement.

• Upon conclusion of the emergency response the Government will either notify the Contractor of the trailer location for retrieval or deliver the trailer to the Contractor location. Detention charges will cease @ 1600 local time on the day of retrieval notification email.

• The Contractor shall be able to support the following geographical areas during Disaster Emergency Response:

FEMA

Regions States and

Territories 1 Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont 2 New Jersey, New York, the Commonwealth of Puerto Rico, the U.S. Virgin

Islands 3 District of Columbia, Delaware, Maryland, Pennsylvania, Virginia, West Virginia

4 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee

5 Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin 6 Arkansas, Louisiana, New Mexico, Oklahoma and Texas 7 Iowa, Kansas, Missouri and Nebraska 8 Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming

9 Arizona, California, Hawaii, Nevada, the territories of Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa

10 Alaska, Idaho, Oregon, Washington

b. Delivery Schedule:

Each vendor shall include a proposed delivery schedule for each delivery order issued.

Please be aware the proposed delivery schedule provided by the vendor is subject to change due to a FEMA emergency response requirement or an unforeseen priority replenishment requirement. In the event of a change, the FEMA COR will coordinate with the contractor and the delivery points of contact to redirect deliveries to the new destination. The contractor is responsible for complying with the delivery schedule and must immediately notify the Contracting Officer or their designated representative of any issues that may affect the vendor’s ability to meet the delivery. Contractors shall be able to track deliveries from point-of- shipment to point–of-receipt. If a change in destination increases cost, you are not authorized to change destination or schedule without the Contracting Officer’s authorization.

c. Restocking Fee:

A restocking fee may apply if the ordered quantity is either reduced or the order is cancelled before receipt by the Government.

The restocking fee does not accrue automatically. The restocking quantity is based on the number of bottles returning to stock. The restocking quantity is negotiated with the Contracting Officer at the time the order is modified to reduce or cancel the ordered quantity.

Supporting documentation shall be required from the contractor demonstrating the number of bottles returned to stock. The types of documentation the Contracting Officer may consider include, but are not limited to, proof of quantity en route to the delivery location at the time the contractor was notified of the reduction.

d. Contracting Required Training:

During the base year of the contract period of performance, and once again in future years if FEMA transitions to a new system, FEMA will require at least two (2) individuals from the Contractor’s staff to be trained in the agency’s inventory system of record: Logistics Supply Chain Management System (LSCMS). This training will allow Contractor to enter individual shipments for FEMA’s visibility. The training will be conducted virtually online. The training will last one business day.

VI. PERIOD OF PERFORMANCE

The period of performance shall be one (1) base year with four (4) one-year option periods.

VII. DELIVERY LOCATIONS & RECEIVING HOURS

For Steady State, the Government will require delivery to the following Distribution Centers (DCs) and/or warehouses:

Distribution Centers /

Warehouses

Address line 1 Address line 2 Operating Hours (Local

Time) Frederick (closing FY22)

4420 Buckeystown Pike Frederick, MD 21704

08:00 – 14:00 Mon- Fri

Greencastle (opening FY22)

12879 Molly Pitcher Hwy Greencastle, PA 127225

08:00 – 14:00 Mon- Fri

Cumberland 11601 PPG Road Cumberland, M D 21502

08:00 – 14:00 Mon- Fri

Fort Worth 501 W Felix Street Bldg 12

Fort Worth, TX 76115

08:00 – 14:00 Mon- Fri

Atlanta 3780 South Side Industrial Court

Atlanta, GA 30354 08:00 – 14:00 Mon- Fri

Tracy 1547 East Grant Line Road Tracy, CA 95304 08:00 – 14:00 Mon- Fri

Guam Bldg 100

FEDAAC 70X454

Barrigada, GU 96913 08:00 – 14:00 Mon- Fri

Distribution Centers /

Warehouses

Address line 1 Address line 2 Operating Hours (Local

Time) Hawaii 99-1269 Iweana Street

FEDAAC 709242

Aiea, HI 96701 08:00 – 14:00

Mon- Fri Caribbean Industrial Park

PR-1, KM 25.1

FEDAAC 70F337

Caguas, PR 00725 08:00 – 14:00 Mon- Fri

Ponce 1000 Carr 505 Building A, Cotto Laurel

Ponce, PR 00780 08:00 – 14:00 Mon- Fri

Bayamon Hato Tejas Industrial Park Lot 2 – Barrio Hato Tejas, Calle A

Bayamon, PR 00959 08:00 – 14:00 Mon- Fri

Cayey Eleora, LLC (Forma Amcor) Carr #1 KM 56.3 Bo.

Montellano

Cayey, PR 00736 08:00 – 14:00 Mon- Fri

Alaska - TBD TBD TBD TBD

Hours of Performance: The vendor shall schedule all delivery activities with the appropriate delivery point of contact after award. During an emergency declaration, delivery must commence within 24 hours of delivery order award. Exact time will be provided in the Delivery Order Request for Quote. During steady state, delivery acceptance will be between the operating hours of Mon – Fri 8am – 2pm local time unless otherwise stated.

VIII. RECORD KEEPING AND ACCEPTANCE

The Contractor shall ensure a FEMA representative signs for receipt of water at each location at the time of delivery. This signature(s) does not imply inspection & acceptance. The signature only acknowledges the delivery was made. Inspection will be made at the point of final destination; any defects or hidden or latent discrepancies/deficiencies will be reported to the CO or COR.

The Contractor shall maintain accurate records of all shipments and deliveries and ensure that proper signatures by FEMA representatives are obtained for tracking and accountability purposes, in accordance with government regulations. This signature shall be a legal, legible name; not “FEMA Received.”

IX. TRANSPORTATION REQUIREMENTS

1. Deliveries made by Transportation Service Providers (TSP) and Trailer Detention:

See Attachment I below for Emergency Response delivery requirements.

2. In-Transit Visibility (ITV) and Tracking:

The Vendor shall use Electronic Data Interchange (EDI) when conducting business with the FEMA. If EDI is unavailable during emergency situations, the Vendor shall log into LSCMS (e.g., Vendor Portal/Partner Gateway) directly and enter the ASN information. Vendor must receive consent from the COR to temporarily use the alternative to EDI. The Vendor shall provide the below-listed mandatory data to be transmitted immediately upon dispatching a vehicle to a designated FEMA location.

The tracking information shall be submitted to FEMA upon commodity departure from contractor origin and prior to arrival at FEMA destination.

o FEMA LSCMS Distribution Order (DO) o Partner Reference Number o Trailer Number or Container Number o Trailer License Plate State o Trailer License Plate Number o Carrier Standard Carrier Alpha Code (SCAC) o Origin Facility Identification sent on DO o Destination Facility Identification sent on DO o Estimated Delivery Date Time o LSCMS Item Name (sent on DO) o Shipped Quantity (Units) o For items that contain a lot the Lot Number is required (such as Water) o For items that contain an expiration date the Expiration Date is required (such as Water) o For items that contain a manufacturer, the manufacturer is required (such as Water)

X. OPTIONAL CONTRACT REQUIREMENT

VENDOR-MANAGED INVENTORY (STORAGE) – OPTIONAL

FEMA may pre-purchase inventory to be maintained at the vendor’s location to reduce the vendor’s initial ramp up time.

1. This product shall be stored in an environmentally controlled warehouse to prevent product degradation.

2. This product shall be pre-packaged according to the packaging specifications and ready for immediate shipment.

3. Emergency Response: The Contractor shall have capability to load stored commodities/pallets and deliver them to disaster locations during emergency response. The Contractor shall also have resources available to load commodities/pallets onto FEMA-scheduled shuttles and trailers during emergency response. In these instances, the Contractor shall be available to load the commodities to FEMA-scheduled trailers during scheduled hours, which may be outside of normal business times. The pickup schedule shall be coordinated between the COR and Contractor when a disaster event occurs.

4. Steady State: The Contractor shall be responsible for shipment to FEMA DC or other designated locations within normal business operating hours.

5. All other aspects of the contract shall apply to this product.

Attachment 1

TRANSPORTATION REQUIREMENT – EMERGENCY RESPONSE

1. Drop Trailer & Daily Detention During emergency response operations, the vendors shall be able to make deliveries where 53-ft trailers containing commodities are dropped at the delivery location (Federal Staging Area, Points of Distribution, Incident Support Base and/or commercial cross-docking site) for a minimum of 30 days. When prime vendor or the vendor’s Transportation Service Provider (TSP) trailers are detained, also known as “Dropped Trailer,” on government designated premises, or as close thereto, the TSP is subject to the following provisions:

a. Daily detention fees shall be a fixed Not-To-Exceed amount $150 per day (plus a 2% escalation for the respective option years).

b. The Government reserves the right to relocate dropped trailers or containers as the agency deems necessary. If the Government relocates dropped trailers to another location, the contractor will be responsible for retrieving its drop trailers at the new location. The trailer relocation shall not exceed the industry prevailing rate of $3 per mile (plus a 2% escalation for the option years) from the original drop point to the relocation point.

2. Vehicle and Trailer Condition All vehicles, including trailers, must be able to pass entry checks of government installations and areas when arrived for delivery.

The Government will not pay any cost, fines, etc. levied against the prime vendor or its hired TSP in cases of DOT violation. All DOT regulations and compliance are the sole responsibility of the prime vendor and prime vendor’s TSP. All billing for charges accrued by vendor’s TSP will be invoiced by the vendor to which the Government has entered contract with.

All prime vendor’s TSP vehicles (including trailers) must be in good working condition (have passed all required Government inspections that are up-to-date, no holes in the trailer, functioning drive systems, and well-maintained tires) in accordance with Department of Transportation (DOT) regulations. FEMA will perform spot checks to ensure trailers are in an acceptable condition. FEMA (including proxy contracted third-party base support provider) will reject trailers deemed to not meet the DOT inspection list. Rejected trailers, or frustrated cargo, shall not be considered as delivered. There will be no cost to the government for any deliveries rejected due to failed inspections.

The Government Installations Inspection Check List is available upon request.

3. Driver Hour The prime vendor’s TSP must provide FEMA with 4 hours of free time for unloading freight at the destination. If the loading or unloading of freight is delayed beyond the four hours of free time (during normal business hours) due to no fault or negligence on the part of the TSP, the prime vendor will be allowed to charge $45/hour (plus a 2% escalation for the option years) per vehicle for each hour (60 minutes) of delay past the initial 4 hours of free time.

All deliveries to the Government designated facilities are done by schedule. If vendor or their

TSP fails to establish a schedule for freight delivery with the destination or if the delivery arrives outside of the scheduled delivery time, the above mentioned $45/hour charge will not be authorized. TSP must check in with U.S. Government representative at delivery site and receive date and time stamp of arrival to substantiate the driver hour charge.

Time consumed in unloading freight will be computed from time of arrival until departure of the vehicle, including the time the TSP spends waiting to reach or leave the unloading location. The government representative will stamp or mark the delivery receipt with time of arrival and departure, or provide a certified statement verifying this time for computation of charges and presentation by the TSP for payment to the vendor.

4. Diversion Sometimes an event or storm shifts directions and impacts several states. This causes the Government to re-direct the vendor deliveries that have not reached their original destination.

This is known as “Diversion”. If the change of drop off location occurs beyond a 50-mile radius of the original destination point, then the prime vendor will bill the Government at per mile rate for diversions. The diversion mileage will be calculated from the original destination point to the re-directed destination point. The vendor shall not charge diversion if they have not left the point of origin. The diversion mileage will not be incurred for drop off location changes within a 50-mile radius of the original destination point. The fee for diversion in route is $3 per mile (plus a 2% escalation for the option years) from original delivery destination after 50 miles.

5. Reverse Detention If trailer content is emptied, the prime vendor will be notified by the Contract Officer Representative (COR) when it is ready to be released back to the prime vendor/TSP. Once prime vendor receives this notice the prime vendor/TSP will have 72 hours to retrieve the trailer. If the prime vendor/TSP fails to retrieve its trailer within 72 hours of notification, then the Government will impose a penalty on the prime vendor (reverse detention fees). The penalty will accrue daily in an amount equal to the daily detention, not-to-exceed $150 a day (plus a 2% escalation for the option years) or government adjusted use fee that the carrier charges for that unit. The penalty will continue to accrue for each 24-hour period. If the vendor/TSP fails to recover the unit after the 72 hours of notification the U.S. Government will consider the unit abandoned and will commence required procedures to dispose of the unit to local authority.

6. Insurance All TSPs must maintain a minimum of $300,000 in cargo insurance, per shipment, to transport FEMA freight. Cargo insurance must always remain active and proof of current, valid cargo insurance must be provided by supplying a certificate of insurance on an ACORD form to FEMA upon request. The ACORD form must clearly indicate which modes of transportation the TSP’s cargo insurance coverage applies to and the amount of cargo insurance coverage the TSP holds for each mode. TSPs will not be permitted to provide transportation services to FEMA via a mode of transportation for which they have not provided proof of valid cargo insurance coverage of at least $300,000. If the value of the cargo exceeds $300,000, TSPs must have current, valid cargo insurance in an amount that covers the full replacement value of the shipment.

7. FEMA-Scheduled Transportation The Government reserves the right to provide its own sourced transportation for supplies ordered from the vendor. The contract COR will coordinate with the vendor if this option is exercised. In this case the Government will not be charged transportation cost by the vendor for shipping transportation. The vendor shall have resources available to load commodities/pallets onto FEMA-scheduled shuttles and trailers during emergency response.