W11B0021-02.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)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W91236-11-B-0022 27-Sep-2011

b. TELEPHONE NUMBER

757-201-7838

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 27 Oct 2011

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

ASHLEY M REYNOLDS

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

325998

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

X

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

W91236-11-B-0022

Section SF 1449 - CONTINUATION SHEET

ESTIMATED

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT MEASURE UNIT PRICE AMOUNT

5 275-gallon Tote Bins

0001 Provide Nonionic Polymer to Dalecarlia, Water Treatment

Plant, Washington Aqueduct Division, Washington, D.C.

Total _________________

This procurement (sealed bid) is to provide Nonionic Polymer to Dalecarlia/McMillan Water Treatment Plant, Washington Aqueduct Division, Washington, D.C. The contract duration is 11 months. This procurement is 100% Total Small Business Set-Aside. NAICS CODE 325998 applies to this procurement. The receipt date for this bid is 25 October 2011 at 2:00 pm.

The Contracting Office Point-of-Contact is:

Ashley Reynolds, Phone: 757-201-7838, Fax: 757-201-7183, ashley.r.reynolds@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 Ashley Reynolds (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

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. 11 dated, 06/13/2011 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.

SPECIFICATIONS

NONIONIC POLYMER

Polyacrylamide Emulsion

1. Requirement – It is required that an agreement be established to furnish all of the Washington Aqueduct

Dalecarlia Water Treatment Plants (WTP) requirements for Polyacrylamide emulsion (nonionic polymer) Polydyne Clarifloc N-6310 for 12 months of period of performance; in accordance with these specifications.

The Polyacrylamide emulsion shall be herein referred to as nonionic polymer.

2. General – The purpose of this specification is to provide the minimum requirements for nonionic polymer including physical, chemical, shipping, and testing requirements.

3. Physical Requirements –

(a) The nonionic polymer must be in a Polyacrylamide emulsion form, easily applied by metering pumps, and water miscible.

(b) The polymer shall be a 35 to 45% total solids (AWWA Standard differs) emulsion, free from visible foreign matter and sediment, and suitable for use with potable water.

(c) The nonionic polymer shall have a neutral charge.

(d) The product supplied shall be an opaque white, free flowing, moderately viscous liquid with a hydrocarbon odor.

(e) A clear hydrocarbon layer may separate and appear as a top layer on the nonionic polymer.

(f) The nonionic polymer supplied shall possess:

Polydine: 31 % active

(1) Density between 8.5 and 9.0 lbs./gal. (8.5-8.7 for polydyne).

(2) Specific gravity between 1.01 and 1.10 at 75°F.

(3) pH between 6.0 and 8.0.

(4) Freezing point of approximately 7°F.

(5) Viscosity between 390 and 900 cPs at 75° F. (polydyne clarifloc is bulk viscosity100-2000 cps and UL viscosity is 4.3-5.7)

(6) Residual AcAm IS THIS ACRYLAMIDE MONOMER? < 500 ppm.

(7) Boiling point of approximately 200°F, with a flash point greater than 200°F.

(8) Ethoxylated Alcohol range between 1 and 5%.

(g) The polymer must be freeze/thaw stable, requiring nothing more than agitation to place thawed material back into a useable form.

Supply a simple unit price per net pound of nonionic polymer including product, delivery, and support cost.

4. Quality –

(a) The nonionic polymer supplied shall contain no substances in quantities capable of producing deleterious or injurious effects on the health of those consuming water that has been properly treated with nonionic polymer in accordance with the supplier’s recommendations and within the maximum allowable dosage.

(b) The nonionic polymer shall be certified as suitable for contact with or treatment of drinking water by an accredited certification organization in accordance with ANSI/NSF Standard 60, Drinking Water Treatment Chemicals – Health Effects.

(c) The product shall be in accordance with AWWA B453-06 specification.

(d) Failure to comply with these specifications may, at the discretion of the Washington Aqueduct, be considered grounds for cancellation of the contract for the remainder of the contract period.

(e) The polymer must be effective over a broad water pH range.

(f) The product supplied must be safe to handle by operating personnel.

(g) The polymer shall be supplied by an ISO 9002 quality standard certified company and from a specific plant or site holding this certification. The Contractor shall supply a copy of a valid certification with the bid.

(h) Prospective bidders must conduct an in plant trial (jar test) demonstrating the effectiveness of the product.

The trial data must be submitted at the conclusion of the test. The point of contact is Woody Peterson (202-764-0009) for setting up test schedule, submitting the results and test evaluation.

5. Affidavit of Compliance –

(a) The Contractor shall submit an affidavit of compliance stating the quality of nonionic polymer complies with these specifications and AWWA B453-06. The affidavit shall accompany each delivery.

(b) The affidavit of compliance verifies that the nonionic polymer meets the quality parameters as specified and detailed in Section 3 and 4 above.

(c) The affidavit of compliance shall also contain the date of shipment.

(d) The person(s) authorized to certify the affidavit of compliance must have experience with the product.

6. Certified Laboratory Report –

(a) A certified laboratory report shall be submitted to the Washington Aqueduct:

Washington Aqueduct Dalecarlia Water Treatment Plant

5900 MacArthur Blvd., N.W.

Washington, D.C. 20016-2514

Attention: Woody Peterson

(b) The report must be received by the Washington Aqueduct within 7 calendar days prior to the initial delivery and shall verify the polymer meets the requirements of specification Section 3, and 4.

(c) The person(s) authorized to certify the laboratory report must have experience with laboratory work.

7. Quantity –

(a) The Contractor shall provide an estimated total quantity of between 2 and 5 tote bins of nonionic polymer during the contract period.

(b) Estimated quantities are based on 275 gallon tote bins.

(c) Any difference between the actual quantity delivered compared to the estimated quantity shall not entitle the Contractor to an adjustment in the unit price or to any other compensation.

8. Delivery –

(d) The Contractor shall make nonionic polymer deliveries upon request, in 275-gallon tote bins.

(e) Delivery orders will be placed on an as needed basis against the estimated annual total. The nonionic polymer shall be delivered 1 to 2 tote bins at a time.

(f) Tote bins shall bear the statement “Guaranteed by (name of supplier) to meet the requirements of

ANSI/AWWA B453, Standard for Polyacrylamide,” Provided that the requirements of the standard are met.

(g) The deliveries shall be to following Government facility:

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

Washington, D.C. 20016-2514

(a) The Contractor shall make the deliveries within 4 calendar days after notification except for emergency deliveries, which might include holidays and night hours. Emergency deliveries may be required within 8 hours after notification at no additional cost to the Washington Aqueduct.

(g) The Contractor shall immediately notify the Dalecarlia WTP 202-764-2700 of any delay to a scheduled delivery. The Contractor shall arrange for an alternate delivery time.

(h) If the Contractor is unable to meet the delivery schedule required under the contract the Washington

Aqueduct reserves the right to procure the nonionic polymer from an alternate source. The inability of the Contractor to meet the schedule threatens the Washington Aqueduct’s mission. The Washington Aqueduct will limit the nonionic polymer purchase from alternate sources. However, nothing contained herein is to be construed as a waiver of any of the Aqueduct’s rights and of defenses and if the Contractor’s supply problems continue, the Aqueduct will re-evaluate its intentions at a future date.

(i) All deliveries shall be made between the hours of 7:00 a.m. and 2:00 p.m., Monday thru Friday, excluding holidays. The Contracting Officer’s Representative must approve any exception to this requirement.

(j) The Contractor shall be reimbursed for demurrage charges incurred as a result of delays caused by the Washington Aqueduct whenever unloading has not started within 2 hours after arrival.

(k) Directions to the Dalecarlia WTP;

From 495 take the River Road exit toward D.C.

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

Take a left at the Dalecarlia WTP gate

9. Condition of Cargo Trailers –

(a) All cargo trailers used for the delivery of nonionic polymer, under this agreement, shall be in good mechanical order and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued.

(b) Any cargo trailer found leaking chemicals should not be allowed to depart any facility until the Contractor or his designated representative makes appropriate repairs.

(c) Any cargo trailer found to be leaking chemicals should be considered an emergency situation requiring immediate attention by the Contractor.

10. Safety Requirement – The cargo trailer operator shall wear the appropriate protective face and body apparel, as required by the Occupational Safety and Health Act, when unloading the non-ionic polymer.

11. Spillage –

(a) The Contractor and the cargo trailer operator shall be responsible for all spillage clean-up, contaminated matter, and the removal of all contaminated cleanup material.

(b) The Dalecarlia WTP 202-764-2700 shall be notified immediately of any spillage.

12. Rejection of Deliveries –

(a) The Washington Aqueduct reserves the right to reject any delivery which does not conform to these specifications or which has been contaminated.

(b) Upon arrival at the facility, the cargo trailer operator shall present to on-site personnel the following items:

(1) Contractor’s shipping invoice

(2) Affidavit of compliance (see Section 5)

(c) The Washington Aqueduct may at any time test the nonionic polymer for specific gravity and visually inspect it for proper color and other evidence of contamination.

13. Information of Contractor – The Contractor shall forward to the Washington Aqueduct, upon award of contract, the following information:

(a) Sales Office Information including:

(1) Address

(2) Telephone number(s)

(3) Normal working hours

(4) Responsible personnel

(b) Ordering Office Information:

(1) Telephone number(s)

(i) During working hours

(ii) During non-working hours

(2) Normal working hours

(3) Responsible personnel

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

(1) Telephone number(s)

(2) Responsible personnel

(i) 14. Product Information Bulletin, NSF Listing, Material Safety Data Sheet. – Upon contract award, one set of reproducible originals (along with reproduction rights) of the product Information Bulletin, a letter certifying ANSI/NSF Standard 60 compliance and identifying the maximum usage level, and a Material Safety Data Sheet for the product supplied shall be forwarded by the Contractor to:

Plant Operations Branch

5900 MacArthur Blvd., N.W.

Washington, D.C. 20016-2514

Attention: Woody Peterson

15. Chemical Delivery Security –

(a) Upon contract award, the Contractor shall e-mail the names and photographs of the cargo trailer operators making deliveries to the Dalecarlia WTP:

John.w.peterson@usace.army.mil Louis.a.levesque@usace.army.mil

Lloyd.d.stowe@usace.army.mil Ricky.A.Davie@usace.army.mil

David.bankard@usace.army.mil operator@usace.army.mil

(b) The Contractor shall e-mail the Dalecarlia WTP with the cargo trailer operator’s name prior to the delivery leaving the nonionic polymer plant. This allows the Dalecarlia Operations Branch time to match the cargo trailer operator name and photo identification prior to arrival.

(c) Each cargo trailer used to deliver polymer 275-gallon tote bins shall be totally enclosed. Open flat bed cargo trailers are not acceptable.

(d) Each 275-gallon tote bin cargo trailer shall have a security tag number located on the door handle. The security tag number shall be e-mailed to the Dalecarlia WTP after each trailer has been loaded and is ready for shipping. Once each delivery is made, the tag number shall be checked to assure the cargo trailer has not been tampered with.

(e) The 275-gallon tote bin lot numbers shall be e-mailed to the Dalecarlia WTP as part of the bill of lading and packing slip. This lot number can be checked to assure the cargo has not been tampered with.

(f) The Contractor shall mail the original nonionic polymer 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

(g) The Contractor shall immediately notify the Dalecarlia WTP 202-764-2700 of any changes in the driver, cargo trailer, and or delivery schedule.

(h) The Dalecarlia WTP will notify the Contractor if the delivery has not occurred at the specified time to verify the status of the shipment.

(i) The Contractor is responsible for the pick-up and disposal or recycling of empty and near empty tote bins.

The Dalecarlia WTP shall notify the Contractor when empty and near empty tote bin pick-up is required.

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. (OCT 2010)

(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 $150,000.

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 arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

(End of provision)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

(a) Definitions. As used in this clause--

Postconsumer fiber means—

(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or

(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not

(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.

(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(a) Definitions. As used in this clause--

Central Contractor Registration (CCR) database means the primary Government repository for Contractor information required for the conduct of business with the Government.

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the CCR database means that--

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record ``Active''. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)(1)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is -------------- [insert NAICS code].

(2) The small business size standard is -------------- [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(_x_) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at…