W10B0027.pdf

USA ENGINEER DISTRICT, NORFOLK

CONTRACTING OFFICE

803 FRONT STREET

NORFOLK VA 23510-1096

757-201-7183

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

1000 emp

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W91236-10-B-0027 23-Aug-2010

b. TELEPHONE NUMBER

757-201-7366

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 23 Sep 2010

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W91236

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

VERONICA A MCGUIRE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

325181

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

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32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W91236-10-B-0027

Section SF 1449 - CONTINUATION SHEET

ESTIMATED

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT MEASURE UNIT PRICE AMOUNT

0001 650 Tons

Provide Sodium Hydroxide Solution (Caustic Soda) to

Dalecarlia, Water Treatment Plant, Washington Aqueduct Division, Washington, D.C.

0002 520 Tons

Provide Sodium Hydroxide Solution (Caustic Soda)

McMillan Water Treatment Plant, Washington Aqueduct Division, Washington, D.C.

Total for 0001 & 0002 _______________________

This procurement (sealed bid) is to provide Sodium Hydroxide Solution (Caustic Soda) to Dalecarlia/McMillan Water Treatment Plant, Washington Aqueduct Division, Washington, D.C. The contract duration is 12 months. This procurement is 100% Total Small Business Set-Aside. NAICS CODE 325181 applies to this procurement.

The Contracting Office Point-of-Contact is:

Veronica McGuire, Phone: 757-201-7366, Fax: 757-201-7183, Veronica.a.mcguire@usace.army.mil

Sealed offers in original and 2 copies for furnishing the supplies/services in the Schedule. All bids are to be delivered to the attention of Veronica McGuire (CECT-NAO), 803 Front Street, Norfolk, VA 23510.

CLAUSE NUMBER CLAUSE TITLE

Text Bid Schedule

Text Scope of Work

Text Special Contract Requirements

Text Preaward Information

Contract Clauses

52.202-1 Definitions 52.203-3 Gratuities 52.203-5 Covenant Against Contingent Fees 52.203-6 Restrictions on Subcontractor Sales to the Government 52.203-7 Anti-Kickback Procedures 52.204-3 Taxpayer Identification

52.204-4 Printed or Copied Double-Sided on Recycled Paper

52.204-6 Data Universal Numbering System (DUNS)

52.204-7 Central Contractor Registration

52.204-8 Annual Representation and Certifications

52.204-9 Personal Identity Verification of Contractor Personnel

52.207-1 Notice of Standard Competion

52.207-4 Economic Purchase Quantity-Supplies

52.209-6 Protecting the Government Interest with Subcontractor

52.209-7 Information Regarding Responsibility Matters

52.211-5 Material Requirements

52.211-6 Brand Name or Equal

52.211-8 Time of Delivery

52.211-16 Variation in Quantity

52.211-17 Delivery of Excess Quantities

52.211-18 Variation in Estimated Quantity

52.212-1 Instructions to Offerors—Commercial Items

52.212-4 Contract Terms and Conditions—Commercial Items

52.212-5 Contract Terms and Conditions Required to Implement-Comm Item

52.214-4 False Statements in Bids

52.214-5 Submission of Bids

52.214-6 Explanation of Prospective Bidders

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids

52.214-10 Contract Award – Sealed Bidding

52.214-12 Preparation of Bids

52.214-14 Place of Performance – Sealed Bid

52.214-16 Minimum Bid Acceptance

52.214-26 Audits and Records- Sealed Bidding

52.214-28 Subcontracting Cost and Pricing – Sealed Bidding

52.214-29 Order of Precedence – Sealed Bidding

52.214-34 Submission to Offers in the English Language

52.214-35 Submission of Offers in U.S. Currency

52.216-1 Type of Contract

52.216-2 Economic Price Adjustment—Standard Supplies

52.216-18 Ordering

52.216-19 Ordering Limitations

52.216-22 Indefinite Quantity

52.219-1 Small Business Program Representations

52.219-2 Equal Low Bids

52.219.6 Notice of Total Small Business Set-Aside

52.219-8 Utilization of Small, Small Disadvantage & Women

52.219-14 Limitations on Subcontracting

52.219-22 Small Disadvantaged Business Status

52.222-3 Convict Labor

52.222-26 Equal Opportunity

52.222-35 Affirmative Action for Special Disabled & Viet

52.222-36 Affirmative Action for Handicapped Workers

52.222-37 Employment Reports on Special Disabled Veterans

52.222-50 Combating Trafficking in Persons

52.222-54 Employment Eligibility Verification

52.223-6 Drug Free Workplace

52.223-11 Ozone-Depleting Substances

52.223-13 Certification of Toxic Chemical Release Reporting

52.223-14 Toxic Chemical Release Reporting

52.225-1 Buy American Act—Balance of Payments Program—Supplies

52.225-13 Restrictions on Certain Foreign Purchases

52.228-5 Insurance--Work on Govt Install

52.229-1 State and Local Taxes

52.232-1 Payments

52.232-17 Interest

52.232-23 Assignment of Claims

52.232-29 Terms for Financing of Purchases of Commercial Items

52.232-30 Installment Payments for Commercial Items

52.232-33 Payment by Electronic Funds Transfer

52.233-1 Disputes

52.233-2 Service of Protest

52.233-3 Protests After Award

52.233-4 Applicable Law for Breach of Contract Claim

52.239-1 Privacy or Security Safeguards

52.242-13 Bankruptcy

52.243- 1 Changes

52.244-6 Subcontracts for Commercial Items

52.245-9 Use and Charges

52.246-2 Inspection of Supplies—Fixed Price

52.246-16 Responsibility for Supplies

52.247-5 Familiarization With Conditions

52.247-6 Financial Statement

52.247-12 Supervision, Labor, or Materials

52.247-14 Contractor Responsibility for Receipt of Shipment

52.247-15 Contractor Responsibility for Loading and Unloading

52.247-16 Contractor Responsibility for Returning Undelivered Freight

52.247-17 Charges

52.247-18 Multiple Shipments

52.247-21 Contractor Liability for Personal Injury and/or Property Damage

52.247-24 Advance Notification by the Government

52.247-28 Contractor’s Invoices

52.247-34 F.O.B. Destination

52.249-1 Termination for Convenience of the Government

52.249-8 Default

252.201-7000 Contracting Officer's Representative

252.204-7001 Commercial and Government Entity Code Reporting

252.204.7003 Control of Government Personnel Work Product

252.204-7006 Billing Instructions

252.209-7004 Subcontracting with Firms that are owned or controlled by the Govt

252.212-7000 Offeror Representations and Certifications—Commercial Items

252.212-7001 Contract Terms and Conditions Required to Implement Statutes

252.215-7000 Pricing Adjustments

252-225-7012 Preference for Certain Domestic Commodities

252.243-7001 Pricing of Contract Modifications

252.243-7002 Requests for Equitable Adjustment

252-244-7000 Subcontracts for Commercial Items

252.247-7004 Indefinite Quantities—Fixed Charges

252-247-7010 Scope of Contract

252-247-7012 Ordering Limitation

252-247-7015 Requirements

252-247-7023 Transportation of Supplies by Sea

SPECIFICATIONS

Sodium Hydroxide Solution (NaOH) – 25%

1. Requirement – Bulk Sodium Hydroxide Solution (Caustic Soda) 25%, FOB destination, in accordance with the American Water Works Association (AWWA) Standard B-501-08 for sodium hydroxide, except as modified or supplemented herein.

2. General – In accordance with these Specifications, the U.S. Army Corps of Engineers (USACE), Washington Aqueduct Division (WA), 5900 MacArthur Blvd NW, Washington DC 20016-2514, has a requirement for delivery of bulk Sodium Hydroxide Solution (Caustic Soda) 25% to its two water treatment plants (WTPs) under an indefinite delivery indefinite quantity (IDIQ) contract. Delivery orders will be placed against the IDIQ contract. The government projected requirements are listed in “Estimated Usage” paragraph. The period of performance is anticipated to be from 01 September 2010 thru 30 September 2011 for the McMillan WTP and from 01 September 2010 thru 30 September 2011 for the Dalecarlia WTP. However, these dates are based on current schedules for completion of construction of new facilities and may vary.

Failure to comply with the Specifications is sufficient grounds for automatic non-consideration or contract termination.

For the purposes of this requirement, terms U.S. Army Corps of Engineers, Washington Aqueduct, Dalecarlia WTP, and McMillan WTP shall mean “Washington Aqueduct” as it applies to the U.S. Government, Department of Defense, U.S. Army, Corps of Engineers, Baltimore District, Washington Aqueduct Division (WA).

3. Security, Safety and Reliability – The Prospective Contractor shall provide Washington Aqueduct with a summary of the actions taken to reduce the possibility of criminal activity during packaging and shipment of products and materials to our facilities.

The Prospective Contractor shall submit information describing all regulatory actions including, but not limited to, copies of any fines, correspondence and consent orders relating to the operation of all of its manufacturing and distribution facilities. Additionally, the Prospective Contractor shall submit a copy of its OSHA Form 300A/300 logs for the past three years. If the Prospective Contractor utilizes a third-party driving company or affiliated company, then it shall also submit the OSHA 300A/300 logs for that company.

The Prospective Contractor shall provide the names of any customers where its contract or purchase order was terminated early for safety, quality, or service issues for any product it supplies over the past five years. The Prospective Contractor shall also provide a detailed listing of all accidents, incidents, releases, spills, vehicle accidents involving death or injury and National Response Center Notifications (“safety incidents”) for all chemicals it delivers or manufactures for the past five (5) years.

4. Physical and Chemical Requirements –

(a) Sodium Hydroxide Solution supplied shall meet or exceed the ANSI/AWWA Standard for Sodium Hydroxide, Standard B-501-08 or most recent update.

(b) Sodium Hydroxide Solution supplied shall contain 25 to 26 percent anhydrous sodium hydroxide (NaOH) (w/w).

(c) Sodium Hydroxide Solution supplied shall contain no more than 0.50 weight percent sodium chloride (NaCl).

(d) The Sodium Hydroxide Solution supplied shall contain no more than 4 mg/L Iron (Fe).

(e) The Sodium Hydroxide Solution supplied shall not exceed 100 degrees F upon delivery.

(f) The Sodium Hydroxide Solution supplied shall not contain particles of sand, grit, or gelatinous material in sizes that will clog metering pumps and appurtenances.

5. Quality Assurance –

(a) Certification of Suitability for Drinking Water. Sodium Hydroxide Solution supplied under this contract is a direct additive used in the treatment of potable water and shall be certified as suitable for treatment of drinking water by an accredited certifying organization in accordance with the requirements of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals—Health Effects.

Evaluation shall be accomplished in accordance with requirements that are no less restrictive than those listed in

NSF/ANSI 60.

Certification shall be performed by a certification organization accredited by the American National Standards Institute.

It is the responsibility of the Contractor to inform Washington Aqueduct that certification has been revoked or has lapsed within 3 days of the time the Contractor receives oral or written notification from the certification organization.

Loss of certification after Contract award shall constitute sufficient grounds for automatic termination of the Contract by Washington Aqueduct.

(b) Sampling and Testing Methods. All sampling and testing shall be in accordance with ANSI/AWWA B501-08 Standard, latest revision.

(c) Sampling and Testing Prior to Unloading. At the sole discretion of Washington Aqueduct, the Contractor’s delivery personnel (driver) may be asked to provide a sample of Sodium Hydroxide Solution from the delivery vehicle before transferring the load to a Washington Aqueduct chemical storage tank. The Contractor’s transportation equipment shall have a sample port for collection of this sample. Washington Aqueduct will supply the sample container and the driver shall collect the sample from the transportation equipment and turn it over to a Washington Aqueduct representative. The sample shall be considered representative of the load. Alternatively, the Contractor shall allow Washington Aqueduct to collect a sample of the Contractor’s product from Washington Aqueduct’s transfer piping at the beginning of the offloading process, and the collected sample shall be considered representative of the Contractor’s product. Washington Aqueduct reserves the right to subject samples of the Sodium Hydroxide Solution to quick analyses to ensure that it meets basic conditions of these Specifications. Any load tested by Washington Aqueduct that fails to comply with these Specifications shall constitute grounds for rejection of that load. No payment shall be made for Sodium Hydroxide Solution that is rejected. The Contractor or its subcontractors shall allow 60 minutes for this testing to be completed. If testing cannot be completed within the 60 minute period, Washington Aqueduct shall allow the Contractor to transfer the load. In the event that the load is rejected, the Contractor shall have twenty-four (24) hours to supply another shipment. In the event that the Contractor is unable or unwilling to supply another shipment within this time period, Washington Aqueduct has the right to procure a shipment from another source.

(d) Sampling and Testing of Shipment after Unloading. Washington Aqueduct reserves the right to subject samples of the Sodium Hydroxide Solution to complete analyses to verify its compliance with these Specifications.

(f) Affadavit of Compliance. The Contractor shall submit an affidavit of compliance, signed by a corporate designated official, certifying that the Sodium Hydroxide Solution furnished by the Contractor complies with all applicable requirements of this Specification. The affidavit shall accompany each delivery. The affidavit of compliance shall also contain the date of the shipment.

(g) Certified Manufacturer’s Laboratory Delivery Reports. A certified report from the manufacturer shall be submitted for each Sodium Hydroxide Solution delivery to Washington Aqueduct. The report shall contain the following data:

Date and Time of Manufacture Percent by Weight of the following:

Sodium Hydroxide (NaOH) Sodium Chloride (NaCl)

Iron (Fe) Specific Gravity and reference temperature

No deliveries will be accepted by the Washington Aqueduct unless accompanied by said Certified Manufacturer’s Laboratory Delivery Report for the specific load of Sodium Hydroxide Solution delivered, showing the above data and that it conforms to these Specifications. Charges for the Certified Manufacturer’s Laboratory Delivery Reports shall be included in the Contractor’s quoted price.

6. Delivery –

(a) Delivery Orders. Deliveries shall be made against delivery orders.

All deliveries of Sodium Hydroxide Solution shall be freight prepaid, F.O.B. to the following Government facilities:

Washington Aqueduct Dalecarlia Water Treatment Plant Plant Operations Branch 5900 MacArthur Blvd., N.W.

Washington, D.C. 20016-2514 and

Washington Aqueduct McMillan Water Treatment Plant 2500 First Street, N.W.

Washington, D.C. 20001

Directions to the Dalecarlia WTP;

From 495 take the River Road exit towards Washington, D.C.

Turn right on to Goldsboro (614) Turn left on to Massachusetts Avenue At the Westmoreland Circle take the 2nd right on to Dalecarlia Parkway Merge right on to Loughboro Road Turn right on to MacArthur Blvd.

Turn left at the Dalecarlia WTP gate

Directions to the McMillan WTP;

From 495 take the Georgia Ave. exit (South) towards Washington, D.C.

Turn left on to Harvard St.

Turn left on to 5th St. then keep to the right around the reservoir Turn right on to 1st St.

Turn right at the McMillan WTP gate

(b) Rejection of Deliveries. The Washington Aqueduct reserves the right to reject any delivery which does not conform to the Specification or which has been contaminated in transit. The Washington Aqueduct may at any time visually inspect the Sodium Hydroxide Solution for evidence of contamination. Delivery Shipments shall be rejected which fail to meet any of the requirements of the Specification. In the event a delivery shipment is rejected, upon notification to the Contractor that the shipment is rejected, Contractor shall be required to ship a replacement delivery to the affected location within twenty-four (24) hours from time of notification. Failure to provide replacement product that meets the Specification within the specified time period will constitute failure to comply with the delivery requirements set forth in this document.

(c) Required Documentation. No deliveries will be accepted by Washington Aqueduct unless accompanied by:

Contractor’s Shipping Invoice (Bill of Lading) Lot Number for the specific load of Sodium Hydroxide Solution delivered

Affidavit of Compliance for the specific load of Sodium Hydroxide Solution delivered Certified Manufacturer’s Laboratory Delivery Report for the specific load of Sodium Hydroxide Solution delivered A machine-stamped weight certificate

All delivery drivers shall possess a valid commercial driver’s license with the proper Hazardous Material (HAZMAT) endorsements accepted by District of Columbia.

All documents shall be provided to Washington Aqueduct personnel before offloading the product.

(e) Estimated Usage. Washington Aqueduct’s estimated Sodium Hydroxide requirements are as follows:

Dalecarlia WTP: 50 dry short tons NaOH per month (100,000 dry pounds NaOH per month) x 13 months for a total of 650 tons

McMillan WTP: 40 dry short tons NaOH per month (80,000 dry pounds NaOH per month) x 13 months for a total of 520 tons

The contractor shall supply a minimum of 800 tons of Sodium Hydroxide and a maximum of 1170 tons.

Any difference between the actual quantities delivered compared to the estimated quantity shall not entitle the Contractor to an adjustment in the unit price or to any other compensation. Washington Aqueduct reserves the right to change quantities and delivery dates at its discretion with a 24-hour notice.

(f) Normal and Emergency Deliveries. Contractor shall make “normal” deliveries within 4 calendar days after receipt of order and shall make “emergency” deliveries within 24 hours after receipt of an order. Washington Aqueduct shall endeavor to minimize the number of “emergency” deliveries. Emergency deliveries shall be at no additional cost to the Washington Aqueduct.

The inability of the Contractor to meet the delivery schedule threatens the Washington Aqueduct’s mission. If the Contractor is unable to meet the delivery schedule required under the Contract, the Washington Aqueduct reserves the right to procure the Sodium Hydroxide Solution from an alternate source. Within 30 days of award and acceptance of the Contract for the supply of Sodium Hydroxide Solution, the Contractor shall provide in writing, an emergency contingency plan, with appropriate telephone contacts, for Washington Aqueduct to follow in case an emergency supply of Sodium Hydroxide Solution is needed. The Washington Aqueduct will limit the Sodium Hydroxide Solution purchase from alternate sources. However, nothing contained herein is to be construed as a waiver of any of the Washington Aqueduct’s rights or defenses.

(g) Delivery Scheduling. Delivery date and time shall be arranged upon placement of order. All normal deliveries shall be made between the hours of 6:00 a.m. and 1:00 p.m Monday through Friday except federal holidays. The Contracting Officer’s Representative must approve any exception to this requirement. The Contractor shall immediately notify the Dalecarlia WTP 202-764-2700 or McMillan WTP 202-762-0166 of any of any changes in the driver, tanker truck, and/or delivery schedule 48 hours prior to the scheduled delivery.

All delivery personnel must have company cell phones to facilitate deliveries.

The Contractor shall be reimbursed industry-standard demurrage charges incurred as a result of delays caused by the Washington Aqueduct whenever unloading has not started within 2 hours after arrival. Washington Aqueduct shall also be liable for backhaul charges if deliveries are refused provided the contractor met all criteria for the SOW, Specifications, and delivery order.

(h) Packaging and Shipping. Packaging and shipment of Sodium Hydroxide Solution shall conform to ANSI/AWWA B-501-08, latest revision, all current regulations of the District of Columbia, the United States Department of Transportation and all other applicable regulatory agencies. Billing is calculated on the dry weight content of sodium hydroxide (NaOH).

(i) Equipment Condition. Washington Aqueduct reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and/or leaking Sodium Hydroxide Solution. The transporting equipment shall be clean and free of residue that may contaminate the Contractor’s product or impede the unloading process. It is the Contractor’s responsibility to verify the cleanliness of the transporting equipment before loading. All appurtenant valves, pumps, and discharge hoses used for the delivery of Sodium Hydroxide Solution shall be supplied by the Contractor and shall be clean and free from contaminating material. The Sodium Hydroxide Solution shall be delivered in cargo trailers dedicated only to transporting Sodium Hydroxide Solution.

(j) Offloading. The Contractor shall be responsible for transferring Sodium Hydroxide Solution from the delivery vehicle into the storage tanks at the delivery site. Washington Aqueduct’s representative will identify the proper storage tank(s) to fill for each delivery. Offloading will normally be accomplished using Washington Aqueduct transfer pumps. Contractor shall provide an air padding system to be used at Washington Aqueduct’s sole discretion as an alternative to the transfer pumps. Contractor shall provide all necessary hoses, fittings, air-padding, etc.

required to safely and efficiently “offload” the Sodium Hydroxide Solution into designated storage tanks.

Contractor shall furnish a Washington Aqueduct- approved, leak-free connection device between the vehicle and Washington Aqueduct’s intake receptacle. The cargo trailer unloading hose shall have a 4-inch inch, female, cam-lock coupling which will be compatible with the 4- inch, male cam-lock coupling. Contractor shall be responsible for the accidental discharge of the product into the wrong storage tank(s). Failure of the Contractor to provide an adequate operational chemical transfer system shall be considered justification for rejection of deliveries.

(k) Spillage. Within 30 days of award and acceptance of the Contract to supply Sodium Hydroxide Solution and prior to any chemical deliveries, the Contractor shall supply, in writing, an emergency spill response plan with appropriate emergency response personnel names and telephone contact numbers (24-hour contact numbers). In addition, the proper spill response notification procedure, along with any forms required by all local, state or federal regulatory agencies, shall be supplied by the Contractor. This section in no way relieves the Contractor of his responsibility to notify the proper regulatory agencies in the event of a spill incident. In the event of a spill or leak, the Contractor shall supply the necessary personnel to immediately respond to such an event, to work with the local Hazardous Materials Response Team and to manage and oversee “After Event” cleanup efforts. Should a spill or leak occur, caused by Contractor’s personnel, equipment or method of delivery, Contractor shall immediately comply with all applicable terms and conditions of State and Federal regulations regarding hazardous material spills. The responsibility for compliance with Federal and State rules and regulations regarding Contractor caused spills or releases shall be the sole responsibility of the Contractor. The Contractor shall indemnify and hold Washington Aqueduct harmless for any failure to properly report and /or comply with this provision. In addition, Contractor shall bear all expenses of spills, unless caused by the sole negligence of Washington Aqueduct.

The operations control center of the Dalecarlia WTP 202-764-2700 or McMillan WTP 202-762-0166 (as applicable) shall be notified immediately of any spillage. The Contractor shall be responsible for any spills or hazardous chemical releases resulting from the failure of its or its subcontractor’s delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. Proper performance shall require delivery personnel’s constant inspection and observation of unloading operations and knowledgeable response to problems or emergencies which would most commonly be expected to occur.

The Contractor shall observe the entire filling operation at each delivery site and shall immediately report any spills caused during the filling operations. The Contractor shall take immediate and appropriate actions to clean up any spilled Sodium Hydroxide Solution. If the spill is not cleaned up, Washington Aqueduct will hire a certified hazardous material handling company to clean up the spill, and the cost of such service will be charged to the Contractor and deducted from the amount due to the Contractor. If the Washington Aqueduct’s unloading equipment, such as pipe, valves or level indication and alarms, should fail and the spillage is not the fault of the Contractor or its subcontractor, the Contractor shall be relieved of cleanup of the spill.

(7) Information of Contractor – Upon award of contract, the Contractor shall forward the following information to the

Washington Aqueduct

Plant Operations Branch 5900 MacArthur Blvd., N.W.

Washington, D.C. 20016-2514 Attention: Woody Peterson

(a) Sales Office Information:

Address Telephone number(s) Normal working hours Responsible personnel Email addresses

(b) Ordering Office Information:

Telephone number(s)

During working hours During non-working hours

Normal working hours Responsible personnel Email addresses

(c) Chemical-Emergency Assistance (24 hours a day)

Telephone number(s) Email addresses Responsible personnel

(d) Product Information Bulletin, NSF Listing, Material Safety Data Sheet – one set of reproducible originals (along with reproduction rights) of the product Information Bulletin, documentation from a certifying organization that the product conforms to the requirements of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals—Health Effects, and Material Safety Data Sheet for the product

8. Invoicing – Billing shall be on the basis of dry pounds sodium hydroxide (NaOH) delivered. The Contractor shall mail the original Sodium Hydroxide Solution delivery invoices to:

USACE Finance Center 5722 Integrity Drive Millington, TN 38054-5005 Attn: EFT/Disbursing

And a copy to:

Washington Aqueduct 5900 MacArthur Blvd., N.W.

Washington, D.C. 20016-2514 Attn: Support Management Services, Mable Barnes

9. Occupational Health and Safety -

(a) OSHA Compliance. Contractor must ensure delivery personnel’s compliance with all OSHA requirements, including personal protective equipment for Contractor delivery personnel, including without limitation chemical goggles, transparent face shield and hard hat, protective gloves, protective boots, and fabric apron or slicker suit with protective coating. Contractor delivery personnel must wear at minimum, chemical goggles and protective gloves when handling hoses and valves.

(b) Material Safety Data Sheets. Any chemical delivered from the Contractor must be accompanied by a Material Safety Data Sheet (MSDS) that complies with paragraph (g) of 29 CFR 1910.1200.

(c) Safe Handling Training. The Contractor shall provide an appropriate safe handling training course for Sodium Hydroxide Solution within the first month of the purchase order, to current Washington Aqueduct operations personnel and shall be available to conduct “refresher” courses or new employee training at six (6) month intervals during the purchase order period. The Contractor shall provide this assistance at no charge to Washington Aqueduct.

10. Technical Assistance - The Contractor shall provide technical assistance, as needed, regarding the application of its product and disposal and handling of residues produced by the application of Sodium Hydroxide Solution in the water treatment process. The Contractor shall provide this assistance at no charge to Washington Aqueduct.

11. Chemical Delivery Security –

(a) Contractor’s Personnel List. Upon contract award, the Contractor shall email, to both the Dalecarlia WTP personnel and the McMillan WTP personnel listed below, the names, driver’s license numbers, and photographs of Contractor’s delivery personnel. This list shall be kept current by Contractor, who shall submit updates with any personnel changes being reflected on the list.

Dalecarlia WTP Personnel

John.W.Peterson@usace.army.mil Louis.A.Levesque@usace.army.mil Lloyd.D.Stowe@usace.army.mil Ricky.Davie@usace.army.mil David.Bankard@usace.army.mil operator@usace.army.mil

McMillan WTP Personnel

John.W.Peterson@usace.army.mil Mark.A.Aronhalt@usace.army.mil Lloyd.D.Stowe@usace.army.mil Mel.M.Tesema@usace.army.mil David.Bankard@usace.army.mil macmillan@usace.army.mil

(b) Identification of Driver. For each product delivery, the Contractor shall e-mail the Washington Aqueduct with the cargo trailer operator’s name prior to the delivery leaving the manufacturing facility. This allows the Washington Aqueduct time to match the delivery vehicle operator name and photo identification prior to arrival.

Contractor’s delivery personnel must present a photo ID and appropriate company identification to Washington Aqueduct personnel. Contractor delivery personnel must sign in and out of Washington Aqueduct facilities. The purpose of their visit will be verified and validated by Washington Aqueduct personnel.

(c) Hose Coupling Seal. The Contractor’s Sodium Hydroxide Solution delivery vehicle unloading hose coupling shall be sealed and include a security tag number. This delivery vehicle hose coupling security tag number shall be e-mailed to the Washington Aqueduct after the vehicle has been loaded and is ready for shipping. Once the delivery is made the tag number shall be checked to assure the Sodium Hydroxide Solution has not been tampered with.

(d) Security Tags. The delivery vehicle shall have additional security tag numbers located on all manways and hatches. The delivery vehicle manway/hatch security tag number shall be e-mailed to the Washington Aqueduct so the number can be checked by authorized Washington Aqueduct personnel at the time of delivery to assure the cargo has not been tampered with.

(e) Lot Numbers. The Sodium Hydroxide Solution lot numbers shall be e-mailed to the Dalecarlia WTP and the McMillan WTP and included. This lot number can be checked to assure the cargo has not been tampered with.

12. Termination - In addition to the various statements in these Specifications stating the grounds for automatic termination of the Contract to supply Sodium Hydroxide Solution to Washington Aqueduct, and in addition to any other remedies, including the right to obtain cover and charge Contractor for the costs of covering Contractor’s failure, any failure to comply with these Specifications shall constitute sufficient grounds for automatic termination of the Contract by Washington Aqueduct. These failures include, but are not limited to, failure to deliver in a timely manner, failure to deliver with proper equipment, failure of the Sodium Hydroxide Solution to meet these Specifications at any time, failure to provide a certificate of analysis, failure to comply with the safety and OSHA requirements of the Specifications, failure to provide drivers with company cell phones, failure to provide requested technical assistance and/or training, and failure to respond in a timely manner to any Washington Aqueduct emergency.

A. Special Contract Requirements

_1__. DEPARTEMENT OF LABOR WAGE DECISION

Any contract awarded as a result of this solicitation will be subject to the U.S. Department of Labor Wage Decision(s) 2005-2103, Revision No. 10 dated, 06/15/2010 and is attached.

_2__. REQUIRED INSURANCE

The contractor shall procure and maintain during the entire period of performance under this contract, the following minimum insurance:

TYPE AMOUNT

Workers Compensation As required by State law Employer's Liability $100,000 per person General Liability $500,000 per occurrence

Motor Vehicle Liability (for each motor vehicle):

Bodily injury or death $200,000 per person $500,000 per occurrence Property damage $20,000 per occurrence

Prior to commencement of work hereunder, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than 30 days after written notice thereof to the Contracting Officer.

_3_. LOCATION OF SITE ON A GOVERNMENT RESERVATION

The site of the work is on a government reservation and all rules and regulations issued by the Commanding Officer covering general safety, security, and sanitary requirements, etc., shall be observed by the contractor.

__4_. IDENTIFICATION OF CORRESPONDENCE

All correspondence and data submitted by the contractor under this contract shall reference the contract number.

_5__. AWARD TO RESPONSIBLE OFFEROR

Responsibility will be determined, prior to award, by the Contracting Officer, either by performing a pre-award survey or conclusions based on a previous pre-award survey and/or any performance data available. A pre-award survey will be performed and the offeror will be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant or other resources to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified.

_6__. EVIDENCE OF AUTHORITY TO SIGN OFFERS

Evidence of the authority of individuals signing offers to submit firm offers on behalf of the offeror is required except where the offer is signed, and shows that it is so signed, by: the President, Vice-President, or Secretary of an incorporated offeror; a partner in the case of a partnership; or the owner in the case of a sole proprietorship. Failure to submit with the offer satisfactory evidence of the authority of all other persons may be cause for rejection of the offer as invalid or nonresponsive.

_7__. INCURRING COSTS

The Government is not liable for any costs incurred by the offeror submitting an offer in response to this solicitation.

_8__. AGENTS

Offers signed by an Agent must be made in the name of the Principal and must be accompanied by evidence of said Agent’s authority to act on behalf of its Principal.

_9__. UNBALANCED BIDS

Any offer which is materially unbalanced as to prices for the Base Items and the Optional Items may be rejected as non-responsive or otherwise not considered for award. An unbalanced offer is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

_10__. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The contractor shall not accept instructions issued by any person, employed by the U.S. Government or otherwise, other than the Contracting Officer or the Authorized Representative of the Contracting Officer acting within the limits of his/her authority as defined in the Designation of Authority letter. A copy of the Designation of Authority letter will be furnished to the contractor at time of contract award.

Pre-Award Information

1. Prior to awarding a contract, the Government must conduct a PRE-AWARD SURVEY of the firm selected for award. Pre-Award Survey information, as described in this document must be submitted with your bid. In order for us to minimize delays in conducting the survey and awarding the contract, you are REQUIRED to provide the following information at the time of bid:

a. BANK:

Branch/Address Point-of-Contact Telephone Number, Fax Number & Email Address Please contact the bank in advance so they will release the necessary information regarding average balances in your operating accounts, lines of credit, and credit history.

b. THREE CURRENT OR COMPLETED PROJECTS OF SIMILAR SCOPE AND SIZE provide the following: Must be current within the past five years for the date of this solicitation.

Project Title/Contract Number Customer Point-of-Contact Telephone Number, Fax Number & Email Address Dollar Value Percent Complete Scheduled Completion Date

2. DO NOT PROVIDE VOLUMINOUS LISTINGS OF YOUR FIRM'S CONTRACTING

HISTORY. Submittals for each project referenced in 1a and 1b should be 5 PAGES OR LESS.

3. CONTRACTOR INFORMATION: Please provide the name, phone number, fax number and email address for the authorized negotiator. Also, please provide the company’s DUNS number and CAGE Code.

CLAUSES INCORPORATED BY FULL TEXT

52.202-1 DEFINITIONS (JUL 2004)

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(1) The solicitation, or amended solicitation, provides a different definition;

(2) The contracting parties agree to a different definition;

(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acqnet.gov at the end of the FAR, after the FAR Appendix.

(End of clause)

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.

52.203-7 ANTI-KICKBACK PROCEDURES. (JUL 1995)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from -

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $100,000.

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts…