Sol_W9127N-17-Q-0037.pdf

SEE ADDENDUM

(No Collect Calls)

W9127N-17-Q-0037 05-May-2017

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

12:00 PM 19 May 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9127N9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DAWN R SIMPSON

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

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W66QKZ70668046

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE PORTLAND DISTRICT

333 SW 1ST AVE

PORTLAND OR 97204-3440

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$7.5 mil

NAICS:

562991

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF33

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. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9127N-17-Q-0037

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

MOBILE SHOWER TRAILER - DEXTER DAM

FFP

Shower trailer and management of trailer waste including disposal; Provide a Mobile Shower Trailer at least 37’ long, but not to exceed 53’ x 8.5’ wide x 12’ tall; shall contain 4 shower stalls; includes hot and cold water and have the capacity to store up to 1200 gallons of waste water; manage trailer waste including disposal; REQUIRED FOR 12 DAYS STARTING ON MAY 30TH 2017; Must meet OSHA washing facilities requirements 29 CFR 1910.141 for general industry;

wastewater shall be tested for chrome 6 per EPA testing method 7196 A; waste water shall be disposed of according to EPA requirements; Personnel handling or otherwise coming into contact with the waste water shall be OSHA 29CRF

1919.120 (e) (3) (i) trained or an equivalent training certification; Provide Generator for power and secondary containment system for waste water; Provide mobilization and demobilization of shower trailer and all related equipment;

REFERENCE PERFORMANCE WORK STATEMENT FOR FURTHER

DETAILS.

DELIVERY AND PICKUP INFORMATION - REQUIRED FOR 12 DAYS

STARTING ON MAY 30TH 2017:

USACE, PORTLAND DISTRICT

DEXTER POWER HOUSE, WILLAMETTE VALLEY PROJECT

39149 PENGRA ROAD

LOWELL, OR 97452

DELIVERY HOURS: MONDAY - THURSDAY, 7:00 AM-4:00 PM PACIFIC

TIME

POC: ROBERT BROADDUS, (541) 543-8361

ROBERT.S.BROADDUS@USACE.ARMY.MIL

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Each

MOBILE SHOWER TRAILER - BIG CLIFF DAM

FFP

Shower trailer and management of trailer waste including disposal; Provide a Mobile Shower Trailer at least 37’ long, but not to exceed 53’ x 8.5’ wide x 12’ tall; shall contain 4 shower stalls; includes hot and cold water and have the capacity to store up to 1200 gallons of waste water; manage trailer waste including disposal; REQUIRED FOR 18 DAYS STARTING ON JUNE 12TH 2017; Must meet OSHA washing facilities requirements 29 CFR 1910.141 for general industry;

wastewater shall be tested for chrome 6 per EPA testing method 7196 A; waste water shall be disposed of according to EPA requirements; Personnel handling or otherwise coming into contact with the waste water shall be OSHA 29CRF

1919.120 (e) (3) (i) trained or an equivalent training certification; Provide Generator for power and secondary containment system for waste water; Provide mobilization and demobilization of shower trailer and all related equipment;

REFERENCE PERFORMANCE WORK STATEMENT FOR FURTHER

DETAILS.

DELIVERY AND PICKUP INFORMATION - REQUIRED FOR 18 DAYS

STARTING ON JUNE 12TH 2017:

USACE, PORTLAND DISTRICT

BIG CLIFF POWER HOUSE, WILLAMETTE VALLEY PROJECT

ROUTE 22

GATES, OR 97346

DELIVERY HOURS: MONDAY - THURSDAY, 7:00 AM-4:00 PM PACIFIC

TIME

POC: ROBERT BROADDUS, (541) 543-8361

INSTRUCTIONS TO OFFERS

INSTRUCTIONS TO OFFEROR / CHECKLIST

FOR SUBMISSION TO SOLICITATION W9127N-17-Q-0037:

This contract shall be awarded for the US Army Corps of Engineers, Portland District, Willamette Valley Projects, for Supply of a Cavitation Shower and Hazardous Waste Chrome 6 Disposal as described in the Performance Work Statement (PWS). Reference the Solicitation for the PWS.

Pricing shall be entered on Contract Line Item Numbers (CLIN) 0001 – 0002 under unit price and amount. Please write in the grand total under the last CLIN.

Offeror submission shall be electronically emailed to Dawn.R.Simpson@usace.army.mil. Attach the signed solicitation/quote and additional supporting documentation as a PDF file. We do not except facsimile (Fax) responses. If you have any questions or concerns, you may contact Ms. Simpson at 503-808-4607.

YOUR BID IS DUE FRIDAY MAY 19TH, 2017, BY 12:00 PM NOON PACIFIC TIME

Checkoff items if you complete them.

Standard Form 1449 – Solicitation

______ Block 17a: Enter Address, and Telephone No.

______ Block 17a Code/Facility Code: Cage Code (or DUNS, both from SAM) ______ Blocks 30a-c: Enter Signature, Name, and Date ______ CLINs: Enter Unit Price, Amount, and Grand Total

Standard Form 30 – Amendment to Solicitation (if applicable)

______ Blocks 15a-c Sign and Date Amendment

Supporting Documentation The Offeror shall provide the following information along with the quote as per Contract Clause 52.212-2, Evaluation – Commercial Items. Reference the contract for clause and attachments for forms:

______ Factor 1 - Provide Recent or Relevant Experience and References of up to 2 Projects done within the past 3 years.

______ Factor 2 – Provide Past Performance Questionnaire (Form PPQ-0) with Rating Data Sheets for up to 2 Projects.

______ Factor 3 - Provide information that demonstrates technical capabilities for supply of Cavitation Shower and Hazardous Waste Chrome 6 Disposal as defined in the PWS.

ADDITIONAL INFORMATION FOR YOUR USE:

System for Award Management (SAM)

______ Registration is required in the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. To process the registration can take a minimum of 10 days to finalize. Registration is necessary in order for the Government (Corps of Engineers) to award a contract and do business with a contractor.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Supply a Cavitation Shower and Chrome 6 Wastewater Disposal Willamette Valley Project

1. GENERAL INFORMATION

The contractor shall supply a portable shower trailer to Dexter Power House for 12 days starting on May 30th 2017. Then transport the trailer to Big Cliff Power House for 18 days starting on June 12th 2017. The shower trailer is for employees to shower off after performing cavitation repairs to wash off any hexavalent chrome (chrome 6) contamination. A known cancer causing agent (chromium VI) is generated during cavitation repairs to hydropower unit runners. Per EM 385-1-1 section 06.M.03, decontamination facilities are required when chromium compounds are generated. It has been determined to use a shower system with hazmat disposal to meet these requirements.

The mobile shower trailer shall be equipped with hot and cold water and have the capacity to store up to 1200 gallons of waste water. The contractor shall provide fresh water supply, water truck or water storage containers to supply the shower trailer with water for showering. All waste water shall be collected and tested for Chrome 6 contamination and disposed of properly depending on test results. All personnel handling or otherwise coming into contact with the waste water shall be OSHA 29CRF 1919.120 (e) (3) (i) trained or an equivalent training certification. It is estimated that up to 250 gallons of wastewater will be generated each day.

The contractor shall supply a generator to provide power for the shower trailer and any power needs for pumping waste water.

2. DEFINITIONS

Throughout this PWS terms are defined as follows:

Contracting Officer (KO): The Government employee who is authorized to enter into, administer, and/or terminate contracts and make related determinations and findings.

Point of Contact: The Government employee who will oversee the project

Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the contractor as observed by the Quality Assurance Evaluator (QAE).

Quality Assurance Evaluator (QAE): The Government employees responsible for checking contractor performance.

Quality Assurance Surveillance Plan (QASP): A systematic method to evaluate the services the Contractor is required to furnish in accordance with the PWS and PRS.

Quality Control Inspector (QCI): A Contractor’s employee responsible for monitoring and addressing issues with the quality of goods and services provided.

3. CONTRACTOR SHALL PROVIDE

a. Shall provide portable shower trailer at least 37’ long but not to exceed 53’ x 8.5’ wide x 12’ tall.

b. Shower trailer shall contain a minimum of 4 shower stalls and meet OSHA washing facilities requirements

29 CFR 1910.141 for general industry.

c. Contractor shall provide a source of fresh water for shower trailer.

d. Shower water shall be temperature controllable, hot and cold.

e. Shower trailer shall have wastewater storage tank with the capacity to store at least 1200 gallons of wastewater.

f. Contractor shall provide on-site water storage and a means to transfer the waste water from the shower trailer to USDOT approved containers for testing and transport.

g. Contractor shall supply a generator for any pumping, water heating and or lights needed for the shower trailer and water transfer system.

h. All wastewater shall be tested for chrome 6 per EPA testing method 7196 A

i. All wastewater samples shall be transported under laboratory chain of custody.

j. Contractor shall receive test results within 2 weeks after submission of wastewater samples in order to determine proper disposal.

k. All waste water shall be disposed of according to EPA requirements.

l. All personnel handling or otherwise coming into contact with the waste water shall be OSHA 29CRF

1919.120 (e) (3) (i) trained or an equivalent training certification.

m. Contractor shall transfer shower wastewater to secondary DOT approved containers for testing for chrome

6.

n. Contractor shall test all wastewater for chrome 6 contamination.

o. Contractor shall dispose of all wastewater containing chrome 6 contamination per EPA requirements.

p. Contractor shall dispose of wastewater not containing Chrome 6 contamination per EPA requirements for grey water.

q. Contractor shall supply secondary containment for any wastewater transfer system and wastewater storage containers to prevent accidental spills.

4. CONTRACTOR FURNISHED EQUIPMENT

a. Fresh water supply.

b. 4 stall shower trailer.

c. Wastewater storage containers.

d. Wastewater transfer pumps.

e. Wastewater sampling containers.

f. Testing for chrome 6.

g. Generator for power.

h. Secondary containment system for waste water.

5. HAZARDOUS MATERIAL

a. Chrome 6 contaminated wastewater and clothing.

b. Test all wastewater for chrome 6 per EPA testing method 7196 A.

c. Dispose of all chrome 6 contaminated wastewater per OSHA/EPA standards.

d. Dispose of all wastewater not contaminated with chrome 6 per EPA standards for grey water.

6. PERFORMANCE REQUIREMENT SUMMARY

It is intended to ensure that the Government receives the services for which it contracted. The Government will only pay for services received. The Performance Requirements Summary (PRS) determines if the Contractor meets the performance standards of the contract, as well as provides guidelines for how and when surveillance will be performed. It ensures timeliness, effectiveness, and that the Contractor is delivering the results specified in the contract. Government contract quality assurance will be performed at such times and/or places as may be necessary to determine the services conform to contract requirements.

If the Contractor fails to perform at any time and the work is deemed critical by the Point of Contact (POC), Government forces may be assigned to perform the work. If this occurs, the Contractor shall be required to reimburse the Government for the full costs of the work performed including labor, materials, transportation, and supervision.

a. Performance Requirements Table. Below are the criteria against which the performance will be evaluated.

Performance Objective

Standard Acceptable Threshold

Method of S

Provide 4 stall shower trailer with controllable water temperature.

4 stall shower trailer provided and all showers are functioning with controllable water temperature and meets OSHA standard 29 CFR 1010.141 for general industry washing facilities.

100% of areas inspected meet specifications.

100% inspection

Transfer all wastewater from shower trailer to USDOT approved secondary containers for storage and testing.

All wastewater transfer completed without spilling any wastewater on the ground.

100% of areas inspected meet specifications.

100% inspection

Test all wastewater for chrome 6 contamination.

EPA testing method 7196 A. 100% of areas inspected meet specifications.

100% inspection

Disposal of wastewater per OSHA/EPA standards.

Bags or containers of waste, scrap, debris, and any other materials contaminated with Chrome 6 that are consigned for disposal must be labeled in accordance with the requirements of OSHA’s Hazard Communication standard (29 CFR 1910.1200).

100% of areas inspected meet specifications.

100% inspection

b. Surveillance. 100% inspection by USACE personnel, in addition to complaints from project personnel and/or visitors areas under this contract, will serve as the surveillance method. If the POC discovers deficiencies and/or receives complaints, the POC will pass them on to the Contractor's Quality Control Inspector (QCI) for correction.

c. Unacceptable Performance. When performance is determined unacceptable, as defined in the

Performance Requirements Summary, the QAE will inform the Contractor’s onsite representative that performance is unacceptable and provide written documentation. Disputes in surveillance should be referred to the Contracting Officer.

The QAE will notify the POC and the Contracting Officer of less than acceptable performance. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount.

When the defect(s) in services cannot be corrected by re-performance, the Government may:

1) Require the Contractor to take necessary action to ensure future performance conforms to contract requirements.

2) Reduce the contract price to reflect the reduced value of the services performed.

3) If the Contractor fails to promptly re-perform the services, or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:

a) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service;

b) Issue Cure Notice;

c) Terminate the contract for Government convenience; and / or

d) Terminate the contract for Cause.

d. Correction of Non-Performance of Work. Contractor shall employ an adequate quantity of personnel to insure that any area found to be not in compliance and therefore not acceptable, shall be made acceptable by the performance or re-performance of the work, where such re-performance is possible, during the first business day after noncompliance has been observed by or reported to and verified by the POC.

e. Damages Caused by the Contractor. Contractor shall be held accountable and liable to the Government for any damages to government facilities, fixtures, furnishings, equipment, or grounds caused by the Contractors or their employees.

f. Interference with Government Operations. Contractor and their employees shall perform all work in such a way as to not interfere with regularly scheduled Government operational activities.

7. SAFETY REQUIREMENTS

a. The Contractor shall follow all safety regulations as set by OSHA and safety standards of the most recent edition of the Corps Safety and Health Requirements Manual EM-385-1-1 (2014), which will be made available to the contractor upon request or could be found online at:

(http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf)

A Job Safety Analysis, also known as Activity Hazard Analysis (AHA), shall be prepared in accordance with EM-385-1-1 and prior to initiation of the work. This form is available via this site as well but is attached to reference. The Contractor shall determine those areas and activities in which possible safety hazards exist at the Willamette Valley Project and note such information on the Activity Hazard Analysis (example in EM-385-1). When completed, the Contractor shall identify hazards in each phase of services performed, what preventative measure the contractor proposes to take to prevent such accidents and then return to the Point of Contact (POC) to retain on file. The Contractor or the Contractor’s employees shall report any circumstances of needed repair of the facility or unusual soiling of any area which may affect the performance of the work and unhealthful or hazardous conditions or any delays or interference with the work caused by the employees or the Government.

b. Hazard Communication Plan. A Hazard Communication Plan is a plan that provides for the safety of all employees who come into contact with hazardous substances. Plans are prepared in accordance with 29 CFR 1910.1200. At a minimum, these plans include container labeling; material safety data sheet (MSDS) use; and employee information and training.

c. Hazardous Substances. For purposes of this contract the term “hazardous substances” shall be defined using the OSHA interpretation (rather than EPA interpretation). The OSHA definition of a hazardous substance is as follows:

"Hazardous substance" means any substance meeting one or more of the criteria listed under (A) through

(D) of this definition, exposure to which results or may result in adverse effects on the health or safety of employees:

(A) Any substance defined under section 101(14) of CERCLA;

(B) Any biologic agent and other disease causing agent which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any person, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such persons or their offspring;

(C) Any substance listed by the U.S. Department of Transportation (DOT) as hazardous materials under 49

CFR 172.101;

(D) Hazardous waste as herein defined. "Hazardous waste" means -

(1) A waste or combination of wastes as defined in 40 CFR 261.3, or

(2) Those substances defined as hazardous wastes in 49 CFR 171.8.

d. Hazardous Wastes. Solid or liquid waste (fluids, soil, debris, etc.) that either exhibit hazardous characteristics or are listed in accordance with 40 CFR 261.3. Regardless of this standard, wastes are also hazardous if they meet the State-only Oregon waste definition (OAR 340-101-033) or Washington waste definition (WAC), depending on the state in which the waste is generated. Management practices require treatment and/or disposal at a RCRA-permitted facility.

e. Liquid Hazardous Waste. Liquid waste that may have either hazardous characteristics or toxic contaminant levels above the EPA hazardous waste definition (40 CFR 261.3) or above the State-Only (Oregon) waste definition (OAR 340-101-033). Hazardous waste liquids require treatment and/or disposal at a RCRA-permitted facility. Non-hazardous waste liquids require treatment at a NPDES-permitted treatment facility.

8. ANTITERRORISM OPERATION SECURITY (AT/OPSEC) REQUIREMENTS

a. Anti-Terrorism (AT) Level I Training. All Contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the Point of Contact (POC) or to the Contracting Officer, if a POC is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at.

b. Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

c. For Contractors who do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

d. iWATCH and/or CorpsWatch Training. The Contractor and all associated sub‐contractors shall brief all employees on the local iWATCH, Corps Watch, or See Something, Say Something program (training standards provided by the requiring activity Anti-Terrorism Officer (ATO)). This local developed training shall be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the POC. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the POC NLT 5 calendar days after contract award.

e. Requirement for OPSEC Training. Per AR 530‐1, all new Contractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. Access to OPSEC training shall be coordinated through the POC.

f. Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the POC no later than 3 business days after the initial contract award.

CONTRACT ADMINISTRATION

Contract will be administered by:

USACE, Portland District Attn: CECT-NWP-S PO Box 2946 Portland, OR 97208-2946

DAWN.R.SIMPSON@USACE.ARMY.MIL

503-808-4607

INVOICE SUBMITTAL

Invoices shall be submitted to the following:

Original to:

USACE, Finance Center Attn: CEFC-AO-P 5722 Integrity Drive Millington, TN 38054-5005

Copy To:

RAYMIE.L.BRIDDELL@USACE.ARMY.MIL

(541) 937-2131 X 143

(541) 937-2131

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 30-MAY-2017 TO

30-JUN-2017

N/A N/A

FOB: Destination

0002 POP 30-MAY-2017 TO

30-JUN-2017

N/A N/A

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.244-6 Subcontracts for Commercial Items JAN 2017 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.246-7003 Notification of Potential Safety Issues JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible Offerors whose proposals/offers conforming to the solicitation will be most advantageous to the Government, price and other factors considered in accordance with FAR 15.304. The basis for award is lowest priced, technically acceptable offers.

Evaluation of proposals shall be by using the Lowest Price Technically Acceptable (LPTA) process (evaluation factors, when combined, when compared to price).

The following non-cost factors shall be used to evaluate offers: Technical Capabilities, Recent Relevant Experience, and Past Performance will be evaluated on an “Acceptable” or “Unacceptable” basis. Each Offeror shall show clearly that the Offeror has an understanding of the work tasks required and has the capability and work experience to accomplish the project in a timely fashion. Each offer submitted will be checked to determine whether a technically complete and acceptable offer has been provided.

The following factors shall be used to evaluate proposal/offers:

FACTOR 1: RECENT RELEVANT EXPERIENCE

The information provided in this factor shall reflect whether contractors have performed similar work before, not to be confused with Factor 2: Past Performance, where the evaluation is based how well contractors performed their services.

Recent or Relevant Experience is defined as experience that is recent, on-going or completed and has occurred within the past 3 years, and is similar to the work within this requirement. The Offeror shall provide information for 2 projects that shall include Items 1-7 below that demonstrates recent and relevant experience in Cavitation Shower and Chrome 6 Wastewater Disposal services as represented within the Performance Work Statement (PWS).

The Offeror shall submit experience and references that includes information below:

1. Customer/company, primary point of contact and position held, address, phone, and email;

2. Contract number, if applicable;

3. Location and State or Country;

4. Date contract and/or work began;

5. Date work was substantially completed

6. Indicate if prime or subcontractor on project;

7. A synopsis of work performed, dollar value, and relevance to the work described in the PWS.

Note: To qualify as ongoing work, the work must be at least 25% complete.

Evaluation criteria:

An Offeror’s proposal will be rated “ACCEPTABLE” if the Offeror submits information on 2 projects that are recent, on-going or completed work within the past 3 years and demonstrates Cavitation Shower and Chrome 6 Wastewater Disposal services experience. An Offeror will be considered “UNACCEPTABLE” if the Offeror does NOT submit information on 2 projects that are recent, on-going or completed work within the past 3 years and demonstrates Cavitation Shower and Chrome 6 Wastewater Disposal services experience.

FACTOR 2: PAST PERFORMANCE

The Offeror shall fill out the past performance information in the form of a Past Performance Questionnaire (PPQ) and Ratings Data Sheet for 2 projects that are recent and relevant projects as defined under Factor 1. The standard Past Performance Questionnaire (PPQ) for USACE is Form PPQ-0 (9/30/11). It is included in the solicitation as an attachment. Please ensure correct phone numbers and email addresses are provided for each point of contact.

The Offeror shall submit:

1. Two (2) completed PPQs and Ratings Data Sheet shall be submitted with your proposal.

Performance ratings shall be “Satisfactory” at a minimum. References shall be provided with at least the minimum information as shown below:

a. Contract Number and Contract Title

b. Date of Contract Award

c. Point of Contact Information: Reference name, valid telephone number and email address

d. Magnitude of Contract/Services Performed

e. Description of Project

2. Offerors should follow-up with references to ensure questionnaire reflects accurate information.

3. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other solicitations.

4. Include performance recognition documents received within the last three (3) years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

5. The Government may call references to verify past performance information. The Government also reserves the right to use other information, e.g. personal knowledge, pre-award survey, past performance information systems, etc. during the evaluation. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

Evaluation criteria:

An Offeror’s proposal shall be rated as “ACCEPTABLE” if 2 completed PPQs and Data Ratings Sheets are submitted that have performance ratings of satisfactory or higher on recent and relevant projects as defined in Factor 1 above. In the case where an Offeror’s past performance is unknown, the Offeror will be given an “ACCEPTABLE” rating as described in the note below. An Offeror’s proposal will be rated “UNACCEPTABLE” if 2 completed PPQs and Data Ratings Sheets are NOT submitted that have performance ratings of satisfactory or higher on recent and relevant projects as defined in Factor 1 above.

* Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (FAR 15.305 (a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

FACTOR 3: TECHNICAL CAPABILITIES

The Offeror shall demonstrate technical capabilities by including information below for Cavitation Shower and Chrome 6 Wastewater Disposal services as defined in the PWS.

The Offeror shall submit:

1. Experience and references of work that was actually performed in shower services and hazardous waste disposal; provide a synopsis of work performed; demonstrate capability to safely and properly handle Chrome 6 Wastewater; contact names; valid phone numbers; and if known, email addresses.

2. Copy of personnel who will be working on site and qualifications/licenses/certificates that they are OSHA 29CRF 1919.120 (3) (3) (i) trained or an equivalent training certification.

3. Equipment owned and/or leased/rented that will be used to perform all services; Delivery date of shower stalls. Delivery is a concern and must be in place by 30 May 17 for use.

Evaluation criteria:

An Offeror will be considered “ACCEPTABLE” if the information submitted clearly demonstrates that the Contractor has the technical capabilities to provide Cavitation Shower and Chrome 6 Wastewater Disposal services as defined in the PWS. An Offeror will be considered “UNACCEPTABLE” if the information submitted does NOT clearly demonstrate that the Contractor has the technical capabilities to provide Cavitation Shower and Chrome 6 Wastewater Disposal services as defined in the PWS.

(b) Options (only if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.