C05_Orthophosphate_W912DR-13-R-0023.pdf

USACE, BALTIMORE

10 S. HOWARD STREET, ROOM 7000

CONTRACTING DIVISION

BALTIMORE MD 21201

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

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13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

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CODE

W912DR-13-R-0023 02-Jan-2013

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

02:00 PM 22 Jan 2013

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

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MELISSA S NOLD

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W912DR-13-R-0023

Section SF 30 - BLOCK 14 CONTINUATION PAGE

BID SCHEDULE

PROPOSAL SCHEDULE

PHOSPHORIC ACID (ORTHOPHOSPHATE) - 75%

ITEM NO SUPPLIES/SERVICES ESTIMATE

D

QUANTITY

UNIT

MEASURE

UNIT PRICE AMOUNT

0001 Provide bulk liquid Phosphoric Acid 75% to Dalecarlia Water Treatment Plant, Washington Aqueduct Division, Washington, D.C.

Dry Tons as Orthophosp hate, PO4

0002 Provide bulk liquid Phosphoric Acid 75% to McMillan Water Treatment Plant, Washington Aqueduct Division, Washington, D.C.

Dry Tons as Orthophosp hate, PO4

Period of Performance:

01 February 2013 – 31 January

BASE

TOTAL

Option 1

1001 Provide bulk liquid Phosphoric Acid 75% to Dalecarlia Water Treatment Plant, Washington Aqueduct Division, Washington, D.C.

Dry Tons as Orthophosp hate, PO4

1002 Provide bulk liquid Phosphoric Acid 75% to McMillan Water Treatment Plant, Washington Aqueduct Division, Washington, D.C.

Dry Tons as Orthophosp hate, PO4

Period of Performance:

01 February 2014 – 31 January

Option 1

TOTAL

TOTAL Base & Options

SCOPE OF WORK

Bid SPECIFICATIONS - SCOPE OF WORK

PHOSPHORIC ACID, 75% (ORTHOPHOSPHATE)

(BULK LIQUID)

1 Requirement – Furnish all of Washington Aqueduct’s bulk liquid 75% Phosphoric Acid. Phosphoric Acid is used at Washington Aqueduct’s two Water Treatment Plants (WTP), Dalecarlia WTP and McMillan WTP, as a corrosion inhibitor. The Government will be awarding a fixed price requirements contract to one vendor.

2 Period of Performance - 1 Feb 13 to 31 Jan 14 (1 year) with 1-1 year option. Requirements and government estimated requirements on each option will be the same as the original base period of performance

3 Government Estimated Requirements

Dalecarlia WTP: Approximately 5.5 dry tons phosphoric acid (as orthophosphate, PO4) per week.

McMillan WTP: Approximately 4 dry tons phosphoric acid (as orthophosphate, PO4) per week.

4 Proposal Submittal -a Proposal Submittal shall include the following information:

Information to be Submitted with Proposal

1. A product information sheet (product bulletin) issued by the product manufacturer

2. A certified laboratory report for a representative sample of product demonstrating compliance of the Contractor’s product with the requirements of item 6 (Physical / Chemical Requirements)

3. Certification by a certification organization accredited by the American National Standards Institute stating that product meets the ANSI/NSF Standard 60 for addition to drinking water

4. A material safety data sheet (MSDS)

5. Written verification of the Contractor’s ability to provide an uninterrupted supply of Phosphoric Acid to Washington Aqueduct.

b If the product of more than one manufacturer may be supplied to fulfill this contract, the information described in Section 4a must be submitted for each separate manufacturer. Any request to change the product and/or manufacturer during the contract period must be submitted for approval Contracting Officer’s Technical Representative (COTR).

5 Information Required Upon Contract Award -a Immediately upon contract award, and at least 14 days prior to the initial delivery, the Contractor shall forward the following information to the parties listed below:

John.W.Peterson@usace.army.mil

Washington Aqueduct

5900 MacArthur Blvd., N.W.

Washington, D.C. 20016-2514

Attn: Woody Peterson

Anne.L.Spiesman@usace.arny.mil

Washington Aqueduct

5900 MacArthur Blvd., N.W.

Washington, D.C. 20016-2514

Attn: A. Spiesman

Mel.M.Tesema@usace.army.mil

Washington Aqueduct

5900 MacArthur Blvd., N.W.

Washington, D.C. 20016-2514

Attn: Mel Tesema

Information Required Upon Contract Award

Sales Office Information Address

Email Address

Telephone number(s)

Normal working hours

Responsible personnel

Telephone number(s)

During working hours

During non-working hours

Email address

Normal working hours

Ordering Office Information

Responsible personnel

Telephone number(s) Chemical-Emergency Assistance (24 hours a day)

Responsible personnel

Product information bulletin from product manufacturer - One set of reproducible originals (along with reproduction rights)

Certification from accredited certification organization of compliance with NSF/ANSI 60

Product Information for the Chemical Supplied

Material Safety Data Sheet (MSDS) that complies with paragraph

(g) of 29 CFR 1910.1200

Tank Truck Operator Documentation

Names and photographs of the tank truck operators making deliveries (and any updates during the period of performance) shall be emailed to:

John.W.Peterson@usace.army.mil

Ricky.A.Davie@usace.army.mil

Arthur.G.White@usace.army.mil

Mel.M.Tesema@usace.army.mil

Mark.A.Aronhalt@usace.army.mil

Michael.D.Robinson2@usace.army.mil operator@usace.army.mil

McMillan@usace.army.mil

Vincene.D.Mcclain@usace.army.mil

Lloyd.D.Stowe@usace.army.mil

6 Physical / Chemical Requirements – a Orthophosphate supplied shall contain no soluble material or organic substances in quantities capable of producing harmful health effects on those consuming water properly treated with the orthophosphate.

b Orthophosphate supplied shall be mixed prior to delivery. Mixing in the delivery truck is prohibited.

c Orthophosphate supplied shall not precipitate out during normal handling and storage.

d Orthophosphate supplied shall conform to the following tolerances:

Physical / Chemical Characteristics

Parameter Minimum Required Maximum Allowed

Specific Gravity and Reference Temperature 1.574 at 25 degrees C 1.65

Density, lbs/gal 13.1 13.2

Equivalent H3PO4 Content, % (w/w) 75.0 -

Freezing Point , degrees C -17.5 4.6

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

b Maximum Usage Level (MUL) for ANSI/NSF Standard 60 certification shall be greater than or equal to 10 mg/L.

c Certification shall be performed by a certification organization accredited by the American National Standards Institute, and evaluation shall be accomplished in accordance with requirements that are no less restrictive than those listed in NSF/ANSI 60.

d Contractor shall inform Washington Aqueduct that certification has been revoked or has lapsed within 7 days of the time the Contractor receives oral or written notification from the certification organization.

Loss of certification after Contract award shall constitute sufficient grounds for termination of the Contract by the Government.

8 Delivery – a COTR will coordinate delivery date, time, and specific quantities required with the Contractor one week in advance of required delivery date.

b Quantity - The Contractor shall make Phosphoric Acid deliveries upon request, in single-unit tank trucks, in quantities of 45,000 pounds (wet), plus or minus 10 percent. Tank trucks shall be weighed prior to each delivery and the net wet weight of delivered product, in pounds, shall be machine stamped on each delivery ticket.

c All delivery drivers shall possess a valid commercial driver’s license with the proper Hazardous Material (HAZMAT) endorsements accepted by District of Columbia. All delivery personnel must have company cell phones to facilitate deliveries.

d Each tank truck unloading hose coupling, manway, and hatch shall be sealed and include a security tag number. The security tag numbers shall be e-mailed to Washington Aqueduct personnel (see item d below) after each tank truck has been loaded and is ready for shipping.

e The Contractor shall be responsible for assuring delivery quantities do not exceed the current funded delivery order.

f Documentation Required for Each Delivery-

Documentation Required for Each Delivery

1. Chemical Product Name/ Manufacturer Name

2. Bill Of Lading Number

3. Departure Date And Time

4. Expected Delivery Date And Time

5. Hauler’s Company Name

6. Driver/ Operator’s Name And Driver’s License State And Number

7. Truck License Number

8. Tank Truck License Number

Each Delivery - The Contractor shall e-mail the personnel listed above at Washington Aqueduct the following information prior to each delivery leaving the manufacturing facility:

9. Seal Numbers For All Hose Couplings, Manways, And Hatches

1. Bill of lading including lot number or identification of the specific load of chemical delivered

2. Machine stamped weight certificate

3. Affidavit of compliance, signed by a corporate-designated official of the product manufacturer, stating that the specific load of chemical furnished by the Contractor complies with the Physical/ Chemical requirements and Quality Assurance requirements of these specifications.

Date of Manufacture

Date of Shipment

Equivalent H3PO4 Content, % (w/w)

Upon arrival at the facility, the tank truck operator shall present to on-site personnel the following items:

4. Certified manufacturer’s laboratory report for the specific load of chemical delivered. The report shall contain the following data:

Specific Gravity and reference temperature g The Contractor shall notify the control room (Dalecarlia telephone 202-764-2700; McMillan telephone 202-762-0166) and the email recipients (as listed in above in item 5) of any changes in the driver, tank truck, and or delivery schedule.

h Routine Deliveries - The Phosphoric Acid delivery shall be between 0700 and 1400 hours Monday through Friday except federal holidays. The Contracting Officer’s Representative must approve any exception to this requirement.

i The COTR or technical representative are authorized to make acceptance for the Government.

j All deliveries of Phosphoric Acid shall be freight prepaid, F.O.B. to the following Government facilities:

Washington Aqueduct

Dalecarlia Water Treatment Plant

5900 MacArthur Blvd., N.W.

And

McMillan Water Treatment Plant

2500 First Street, N.W.

Washington, D.C. 20001 k Directions:

Directions to the Dalecarlia WTP:

From 495 take the River Road towards 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

Directions to the McMillan WTP:

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

Turn left on to Harvard St.

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

Turn right on to 1st St.

Turn right at the McMillan WTP gate

9 Offloading Requirements a Upon arrival, security tags are to be removed from hose coupling, manways, and hatches in presence of Washington Aqueduct personnel after seal numbers are verified by Washington Aqueduct personnel to assure the cargo has not been tampered with.

b Sampling and Testing Prior to Offloading. At the sole discretion of Washington Aqueduct, the Contractor’s delivery personnel (driver) may occasionally be asked to provide a sample of the chemical from the delivery vehicle before transferring the load to a Washington Aqueduct chemical storage tank.

Washington Aqueduct will supply the sample container and the driver shall collect the sample from the transportation equipment and turn it over to a Washington Aqueduct representative. Alternatively, the Contractor shall allow Washington Aqueduct to collect a sample of the Contractor’s product from Washington Aqueduct’s transfer piping at the beginning of the offloading process, and the collected sample shall be considered representative of the Contractor’s product. Washington Aqueduct reserves the right to subject samples of the chemical to quick tests, such as visual inspection or specific gravity, to ensure that product meets basic conditions of these Specifications. The Contractor shall allow 60 minutes for this testing to be completed.

c Washington Aqueduct’s representative will identify the proper storage tank(s) to fill for each delivery.

Contractor shall be responsible for transferring chemical from the delivery vehicle into the storage tanks at the delivery site and shall observe the entire filling operation at each delivery site. Contractor shall be responsible for the accidental discharge of the product into the wrong storage tank(s).

d Contractor shall provide an air padding system (an air compressor and pumping system) to be used (at Washington Aqueduct’s sole discretion) as an alternative to Washington Aqueduct’s transfer system.

Contractor shall furnish a Washington Aqueduct- approved, leak-free connection device between the vehicle and Washington Aqueduct’s intake receptacle (a quick disconnect coupling compatible with the WTPs’ couplings). Contractor shall provide all necessary hoses, fittings, air-padding, etc. required to safely and efficiently offload the chemical into designated storage tanks.

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

f Contractor shall ensure delivery personnel’s compliance with all OSHA requirements, including personal protective equipment for Contractor delivery personnel

10 Rejection of Deliveries a Failure to provide required documentation upon delivery constitutes grounds for rejection of deliveries.

b Any load tested by Washington Aqueduct that fails to comply with these Specifications shall constitute grounds for rejection of that load.

c The Washington Aqueduct reserves the right to reject any delivery that has been contaminated.

11 Condition of Tank Truck a The Phosphoric Acid shall be delivered in tank trucks dedicated only to transporting Phosphoric Acid.

b It is the Contractor’s responsibility to verify the cleanliness of the transporting equipment before loading.

The transporting equipment shall be clean and free of residue that may contaminate the product or impede the unloading process. All appurtenant valves, pumps, and discharge hoses used for the delivery of bulk chemicals shall be supplied by the Contractor and shall be clean and free from contaminating material.

c All tank trucks and appurtenant valves and fittings used for the chemical delivery, 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.

d Washington Aqueduct reserves the right to refuse any deliveries made with equipment that is poorly maintained and/or leaking chemical. Any tank truck found leaking chemicals is considered an emergency situation requiring immediate attention by the Contractor and shall not be allowed to depart until the Contractor or his designated representative makes appropriate repairs.

12 Spillage a The Contractor shall immediately report any spills caused during the filling operations to the operations control center of the Dalecarlia WTP 202-764-2700 or McMillan WTP 202-762-0166 (as applicable).

b The Contractor shall take immediate and appropriate actions to clean up any spill. The Contractor shall be responsible for all clean-up of spillage and contaminated matter in accordance with all applicable laws and regulations. The Contractor shall be responsible for any spills or hazardous chemical releases resulting from the failure of its or its subcontractor’s delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties.

c If a spill is not cleaned up, Washington Aqueduct may hire a certified hazardous material handling company to clean up the spill, and the cost of such service will be charged to the Contractor and deducted from the amount due to the Contractor.

13 Invoicing a Unit of measure for payment shall be: net dry tons Phosphoric Acid as PO4 delivered FOB destination.

b The Contractor shall mail the original delivery invoices to:

5900 MacArthur Blvd., N.W.

Attn: Support Management Services, Mable Barnes

14 Contracting Officer’s Technical Representative

Karen Truxal

Washington Aqueduct

5900 MacArthur Blvd NW

Washington DC 20016

202-764-2727

15 Safe Handling Training. Within the two months of the delivery order, the Contractor shall provide a one-hour training session on safe and proper handling of the chemical for Washington Aqueduct operations personnel.

The session shall be offered at 7 am and 3 pm on a Wednesday to be arranged with the Contracting Officer’s Representative. The Contractor shall provide this assistance at no additional charge to Washington Aqueduct.

PRIMARY CONTRACTING OFFICER

The primary Contracting Officer for this action is Laura Wade, however, any Contracting Officer holding the appropriate warrant authority in the Baltimore District can serve as the Contracting Officer for this contract.

Also, please note that any time the primary KO changes, it will be incorporated into the contract via unilateral modification to the contract.

Any authorized Contracting Officer from USACE – Baltimore District may issue delivery orders against this contract.

INSTRUCTIONS TO OFFERORS

Proposals including One (1) CD‐ROM can be submitted in a sealed envelope by mail or hand carried to U.S. Army Corps of Engineers, Contracting Division, Simplified

Acquisition Team, ATTN: Melissa S. Nold, 10 South Howard Street, 7th floor, Room

7000, Baltimore, MD 21201‐ 2530.

Section SF 1449 - CONTINUATION SHEET

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JAN 2012

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-7 Anti-Kickback Procedures OCT 2010

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008

52.204-7 Central Contractor Registration AUG 2012

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.211-16 Variation In Quantity APR 1984

52.216-2 Economic Price Adjustment - Standard Supplies JAN 1997

52.217-5 Evaluation Of Options JUL 1990

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran--Certification.

NOV 2011

52.232-1 Payments APR 1984

52.232-32 Performance-Based Payments APR 2012

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes--Fixed Price AUG 1987

52.244-6 Subcontracts for Commercial Items DEC 2010

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-16 Responsibility For Supplies APR 1984

52.249-1 Termination For Convenience Of The Government (Fixed Price) (Short Form)

APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007

252.223-7006 Prohibition On Storage And Disposal Of Toxic And Hazardous Materials

APR 2012

252.225-7012 Preference For Certain Domestic Commodities JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.246-7003 Notification of Potential Safety Issues JAN 2007

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. 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. 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 FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, 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 resulting from this solicitation. 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. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.212-2 Evaluation - Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

Offers shall submit technical proposals addressing the Evaluation Factors 1 and 2 identified in paragraph below. Proposals will be evaluated for acceptability, but not ranked using the non-cost/price factors.

This procurement is being conducted utilizing a Lowest Price Technically Acceptable (LPTA) source selection process in accordance with FAR 15.101-2. Award will be made on the basis of the lowest evaluated price of proposal meeting or exceeding the acceptability standards for non-cost factors.

There shall be no trade-offs. Responsibility determination will be made in accordance with FAR 9.1.

Note that offers that are not Technically Acceptable cannot be selected for award, regardless of Price.

Evaluation Factors for Award:

Factor 1 – Technical Acceptability of the item offered to meet the Government requirements

Factor 2 – Past Performance

Factor 3 – Price

Factors 1 and 2 will be evaluated as “Acceptable or Unacceptable.” The Government intends to make a single award to the lowest price technically acceptable offer. To receive an overall acceptable rating and be eligible for award, the offer must be technically acceptable in each of the areas identified.

Technical Proposal Submission: Offerors shall submit a technical proposal addressing Factors 1 and 2 as follows:

a. Factor 1 – Technical Acceptability: Technical Acceptability to meet the Government requirements will be evaluated as “Acceptable or Unacceptable” To be technically acceptable, the offeror must provide information as specified in the attached Scope of Work under section 4 Proposal Submittal. Each submittal will be evaluated to ensure requirements are met.

b. Factor 2 – Past Performance: Past Performance will be evaluated as “Acceptable or Unacceptable. To be technically acceptable, the offeror must provide information demonstrating that they have already successfully performed as a prime contractor within the last five (5) years* at least two (2) chemical contracts of equal or greater complexity of this solicitation in the minimum price range of $1,000,000 - $2,000,000. This information shall be submitted on the “Past Performance Questionnaire” (PPQ). (A separate form shall be submitted for each contract.)

*The five (5) years shall be calculated from the solicitation issue date.

(1) The Past Performance Questionaire included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for Factor 2 – Past Performance.

Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionaires (PPQ) should be submitted with your proporsal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the fist page of the PPQ, which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the clients requests, questionnaires may be submitted directly to the Governments point of contact, Melissa Nold via email at Melissa.S.Nold@usace.army.mil prior to the proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

(2) Also include performance recognition documents received within the last 5 years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

(3) In addition to the above, the Government may review any other sources of information for evaluation past performance. Other sources may include, but are not limited to, past performance informaiton retrieved throught the Past Performance Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and

Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

(4) 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.

c. Factor 3 – Price: Offerors shall insert proposed pricing in the Bid Schedule, proposing a price on all Proposed Items. The unit prices shall include all markups for providing the specified chemical requirements. Markups are defined as all other direct and indirect costs, management, supervision, contractor furnished equipment, material, and supplies, travel, overhead and profit. Offerors shall insert any exceptions or deviations from the solicitation and their offer.

RATING DEFINITION

Table A-1. Technical Acceptable/Unacceptable Ratings

Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

Table A-2. Past Performance Evaluation Ratings

Rating Description Acceptable Based on the offeror’s performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable Based on the offeror’s…