A-05_SOLICITATION_15-T-0056.pdf

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Fluorosilicic Federal contract opportunity
Solicitation number
W912DR-15-T-0056
Issued by
Department of the Army Corps of Engineers Engineering District Baltimore

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Solicitation for Fluorosilicic Acid.

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SEE ADDENDUM

(No Collect Calls)

W912DR-15-T-0056 10-Apr-2015

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

12:00 PM 28 Apr 2015

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 X 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.

W912DR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

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

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

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

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, BALTIMORE

10 S. HOWARD ST.

ROOM 7000

BALTIMORE MD 21201

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: 410-962-2197 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

NAICS:

325180

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 OF43

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.

W912DR-15-T-0056

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTION TO OFFERORS

QUOTATION SUBMISSION:

Quote shall be submitted via e-mail to Cheley Auguste at cheley.auguste@usace.army.mil no later than the time and date specified on Standard Form 1449, Block 8.

Solicitation or inquiries to end users or other personnel regarding this project are not permitted. Please direct any inquiries regarding this project to the Contract Specialist, Cheley Auguste. All questions shall be submitted no later than 2:00 P.M. EST on April 20, 2015 to cheley.auguste@usace.army.mil.

Questions may not be accepted after the cutoff date/time.

This requirement is subject to availability of funds.

BASIS FOR AWARD

The Government anticipates award of a Firm-Fixed-Price (FFP) Lowest Price Technically Acceptable contract. To receive consideration for award, a rating of no less than “Acceptable” which means the offer must clearly meet the minimum requirements of the solicitation.

Award will be made to the offeror conforming to the solicitation and that is found to be technically acceptable, responsible, and the lowest price.

The Government intends to evaluate quotes and make award without questions to offerors. Therefore, the Offeror's initial quote should contain the Offeror's best terms from a Technical and Cost standpoint.

Unclear quotes may not result in questions for clarifications. Offers with an omission or unclear quote may be judged to mean the contractor does not fully understand the requirements or understand what it takes to meet the requirements, regardless of the proposed cost/price and will be rated unacceptable

Offerors must be registered on the System for Award Management (SAM). Each offeror should also include a cover letter on offeror’s letterhead, summarizing the pricing total and outlining the offeror’s terms and conditions, signed by the representative, Include CAGE Code, TAX ID # and DUNS number.

Factor-1-Techinical.

Past performance.

Offerors must provide a narrative showing that they have the capability to meet large chemical delivery schedule in their past performance. A minimum of three references with contact information shall be provided.

See attachment A for the questionnaire that shall be sent to the three references provided to be emailed to the governrment directly to cheley.auguste@usace.army.mil no later than the closing date and time indicated on the SF 1449, Block 8.

Past performance evaluation will be a two part assessment involving relevancy and performance Confidence of the references provided by the offeror.

Relevancy: The first aspect of the past performance evaluation is to assess the offeror’s past performance to determine how relevant a recent effort within the past five years was. “Relevant” is defined as those contracts involving any effort for the same or similar type related to the requirements.

Performance Confidence Assessment: The second part is to arrive at a rating on the performance of the relevant referenced contracts. The Government will document the rationale for the rating reached.

Rating Definitions for Technical

Adjectival Ratings Definition

Acceptable Offer clearly meets the minimum requirements of the solicitation.

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

The Government reserves the right to utilize other sources for past performance.

Factor-2-Price

Offeror shall include a Price Schedule completed with all pricing. If for some reason there is other cost/price than listed, it needs to be clearly defined and priced separately.

The Government will evaluate offers for award purposes by adding the total of all CLIN prices to ensure that pricing is not unbalanced. Prices will be evaluated for fairness and reasonableness using the techniques in FAR 15.404-1(b) (2).

The following will be evaluated:

(1) Fair and Reasonableness

(2) Completeness, Accuracy

In the event adequate competition is not received the contracting officer may request additional information on price/cost to assist in determining the price/cost fair and reasonable.

The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference.

PRICE SCHEDULE

BID SCHEDULE

FLUOROSILICIC ACID – 25%

(BULK LIQUID)

BASE PERIOD-DATE OF AWARD TO-31 MAY 26, 2016

CLIN

SUPPLIES

ANNUAL

QUANTITY

UNIT

MEASURE

PRICE

AMOUNT

Provide bulk liquid Fluorosilicic Acid 25% to Dalecarlia Water Treatment Plant, Washington Aqueduct Division.

1,100 Wet Tons as Fluorosilicic Acid (H2SiF6)

Base Year Total:

OPTION YEAR PERIOD 1- MAY 25, 2016-MAY 25 2017

CLI

N

SUPPLIE

S

QUANTIT

Y

Provide bulk liquid Fluorosilicic Acid 25% to Dalecarlia Water Treatment Plant, Washington Aqueduct Division

OPTION PERIOD 1

TOTAL:

OPTION YEAR PERIOD 2-MAY 26, 2017-MAY 25, 2018

CLI

N

SUPPLIE

S

QUANTIT

Y

Provide bulk liquid Fluorosilici c Acid 25% to Dalecarlia Water Treatment Plant, Washington Aqueduct Division

OPTION YEAR PERIOD 2

TOTAL:

The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this solicitation. If the Government’s requirements do not result in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. If the actual quantity of supplies or services purchased differs from the estimated quantity in the Schedule, the purchased quantity shall be at the same unit price as specified in the Schedule.

PERFORMANCE WORK STATEMENT

FLUOROSILICIC ACID – 25% (H2SiF6)

(BULK LIQUID)

Summary

The summary table references the location of specific information within this Scope of Work. The Contractor must comply with all requirements listed herein, regardless of inclusion in the summary table.

Section(s)

Chemical name Fluorosilicic Acid 1, 6

Strength 25% as H2SiF6 1, 6a

Projected annual quantity 1,100 wet tons 3

Unit of measure for invoicing wet tons 13a

Delivery form (tote vs. bulk) Bulk 8

Delivery load size 23 wet tons (as 25% H2SiF6) 8b

NSF/ANSI Certification 60 7

AWWA Standard B703 6a

Physical/chemical requirements Various 6

Quote submittal requirements See section 4

Contract award submittal requirements See section 5

Delivery requirements See sections 8-12

Delivery documentation See section 8g

1 Requirement – Furnish all of the Washington Aqueduct’s Fluorosilicic Acid 25% (H2SiF6) in accordance with these specifications. Fluorosilicic Acid is used at Washington Aqueduct’s Dalecarlia water treatment plant (WTP). Fluorosilicic Acid shall conform to the requirements of ANSI/AWWA StandardB703, latest revision, for Fluorosilicic Acid, except as modified or supplemented herein, and shall conform to NSF/ANSI Standard 60.

2 Period of Performance – One base year, plus two 12-month option period.

3 Government Projected Requirements:

Dalecarlia WTP: Approximately 1,100 wet tons per year (21 wet tons per week). Estimated quantity of 1,100 wet tons (as wet tons fluorosilicic acid, 25% as H2SiF6) during period of performance. Each option will have the same estimated requirement as the base.

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

Information to be Submitted with Quote

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 Section 6 (Physical / Chemical Requirements)

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

4 A safety data sheet (SDS) that complies with paragraph (g) of 29 CFR 1910.1200

5 Written verification of the Contractor’s ability to provide an uninterrupted supply of Fluorosilicic Acid to Washington Aqueduct b If the product of more than one facility or manufacturer may be supplied to fulfill this contract, the information described in Section 4a must be submitted for each separate facility and manufacturer. Any request to change the product and/or manufacturer during the contract period must be submitted for approval to Contracting Officer’s Representative.

c Past performance will be evaluated as either “Acceptable or Unacceptable.” Offorers who do not include information demonstrating past performance will be deemed as having “Unacceptable” past performance.

Quoteders shall submit the following information for representative chemical delivery projects of similar size and scope during the past 5 years: name of project, contract or project number, dollar amount of project, project completion date, project location, customer point of contact, and email address and telephone number for customer point of contact.

5 Information Required Upon Contract Award – a The following information is required after contract award to the individuals listed below.

PERSONNEL TO BE INDENTIFIED AND FILLED IN AT CONTRACT AWARD

Information Required Upon Contract Award

Sales Office Information Address

Email Address

Telephone number(s)

Normal working hours

Responsible personnel

Ordering Office Information

Telephone number(s) During working hours During non-working hours

Email address

Normal working hours

Responsible personnel

Technical Services Department Information

Address

Email Address

Telephone number(s)

Normal working hours

Responsible personnel

Chemical-Emergency Assistance (24 hours a day)

Telephone number(s)

Responsible personnel

Product Information for the Chemical Supplied

Product information bulletin from product manufacturer

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

Safety Data Sheet (SDS) that complies with paragraph (g) of 29

CFR 1910.1200

b The Contractor shall provide a completed, signed Accident Prevention Plan in accordance with Part 1910, Title 29 of the Code of Federal Regulations and EM 385-1-1, 15 Sep 08, for approval. A template is provided as Appendix A.

c Prior to the first chemical delivery and each time there is a change in dispatcher and/or delivery personnel the Contractor shall forward the following information.

TO BE FILLED IN AT CONTRACT AWARD.

Information Required Upon Change in Dispatcher and/or Delivery Personnel

Dispatcher Information Address

Email Address

Telephone number(s)

Normal working hours

Responsible personnel

Cargo Trailer Operator Documentation

Names and photographs of the cargo trailer operators making deliveries

6 Physical / Chemical Requirements – a Fluorosilicic acid shall meet or exceed the ANSI/AWWA Standard B703, latest revision except as modified or supplemented herein. All sampling and testing shall be in accordance with ANSI/AWWA Standard B703, latest revision. Fluorosilicic acid shall conform to the following requirements:

Physical / Chemical Characteristics

Parameter Minimum Required Maximum Allowed

Fluorosilicic acid (H2SiF6) content, % (w/w) 23 25 b The Fluorosilicic Acid supplied shall be in liquid form.

7 Quality Assurance Requirements – a Certification of Suitability for Drinking Water - Fluorosilicic 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 National Sanitation Foundation / American National Standards Institute Standard 60 (NSF/ANSI Standard 60), Drinking Water Treatment Chemicals—Health Effects.

b Maximum Usage Level (MUL) for NSF/ANSI Standard 60 certification shall be greater than or equal to 6 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 Standard 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 Delivery date and time shall be arranged.

b Quantity - The Contractor shall make Fluorosilicic Acid deliveries upon request, in single-unit tank trucks, in quantities of 23 wet tons (as H2SiF6 25%). Tank trucks shall be weighed prior to each delivery.

c Tote Bin Retrieval - Not applicable to deliveries of Fluorosilicic Acid.

d Cargo Trailer Enclosure - Not applicable to deliveries of Fluorosilicic Acid.

e 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.

f Security Tags – Each tank truck unloading hose coupling, manway, and hatch shall be sealed and include a security tag number (see NSF/ANSI Standard 60 Section 3.9.3.1). The security tag numbers shall be e-mailed to Washington Aqueduct personnel below after each cargo trailer has been loaded and is ready for shipping.

Deliveries to the Dalecarlia WTP:

TO BE FILLED IN AT CONTRACT AWARD.

g Documentation Required for Each Delivery-

Documentation Required for Each Delivery

Each Delivery - The Contractor shall e-mail the personnel listed in (f) above the following information prior to each delivery leaving the manufacturing facility:

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. Cargo Trailer License Number

9. Seal Numbers For All Hatches and Doors

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

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

2. Machine stamped weight certificate

3. Certified manufacturer’s laboratory report for the specific load of chemical delivered.

The report shall contain the following data:

Date of Manufacture

Date of Shipment

Percent dry Fluorosilicic Acid (w/w)

Free acid content, exclusive of Hydrofluorosilicic Acid, expressed as % HF

Specific gravity and reference temperature h The Contractor shall notify the control room (Dalecarlia telephone 202-764-2700; McMillan telephone 202-762-0166) and the email recipients (as listed above in item 8F) of any changes in the driver, cargo trailer, and or delivery schedule.

i Routine Deliveries - The Fluorosilicic Acid delivery shall be between 0700 and 1400 hours Monday through Friday except federal holidays. Any exception to this requirement must be approved by one of the individuals listed in Section 8F.

j Emergency Deliveries - Emergency deliveries may be required within two business days.

k In the event that the load is rejected, the Contractor shall have 24 hours to supply another shipment. In the event that the Contractor is unable or unwilling to supply another shipment within this time period, Washington Aqueduct has the right to procure a shipment from another source.

l Holding time prior to delivery - Not applicable to delivery of Fluorosilicic Acid.

m The Contractor is responsible for assuring delivery quantities do not exceed the current funded delivery order.

n All deliveries of Fluorosilicic Acid shall be freight prepaid, F.O.B. to the following Government facility:

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

Washington, D.C. 20016-2514 o Directions:

Directions to the Dalecarlia WTP:

From 495 take the River Road exit 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

9 Offloading Requirements a Removal of security tags - 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 unloading the cargo. 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 to ensure that product meets basic conditions of these Specifications. The Contractor shall allow 60 minutes for this testing to be completed.

c Filling appropriate tanks - 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 Air padding system - 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 Washington Aqueduct reserves the right to reject any delivery that has been contaminated.

11 Condition of Delivery Vehicle a Chemical compatibility - The Fluorosilicic Acid shall be delivered in tank trucks dedicated only to transporting Fluorosilicic 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 delivery vehicles 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 cargo trailer 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.

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.

APPENDIX A

OUTLINE FOR LIMITED-SCOPE CONTRACTS

ACCIDENT PREVENTION PLAN

An Accident Prevention Plan (APP) is a safety and health policy and program document. Contractor’s APP shall address the identified hazards involved and the control measures to be taken. The APP shall interface with the employer’s overall safety and health program, and a copy shall be available on the work site.

The Contractor’s site-specific APP shall include the following.

1 Title, signature, and phone number of the plan preparer.

2 Background Information to include: Contractor; Contract number; Project name; Brief project description, description of work to be performed, and location.

3 Statement of Safety and Health Policy detailing their commitment to providing a safe and healthful workplace for all employees.

4 Responsibilities and Lines of Authorities – to include a statement of the employer’s ultimate responsibility for the implementation of his SOH program and identification and accountability of personnel responsible for safety.

5 Training – All contract and sub-contract personnel shall have completed required safety training before coming on-site. Provide a list of required training. Provide certification of training for employees prior to arriving on-site.

6 Procedures for job site inspections - assignment of responsibilities and frequency.

7 Procedures for reporting and investigating any accidents as soon as possible but not more than 24 hours afterwards to the Contracting Officer/Representative (CO/COR). An accident that results in a fatal injury, permanent partial or permanent total disability shall be immediately reported to the Contracting Officer.

8 Emergency Planning: Identify plan for contract and sub-contract employees working alone to be provided with an effective means of emergency communication. This may be cellular phone, two-way radio or other acceptable means. The selected means of communication must be readily available and must be in working condition.

9 Personal Protective Equipment: Identify personnel protective equipment to be provided.

(a) WORK CLOTHING - Minimum Requirements. Employees shall wear clothing suitable for the weather however minimum requirements for work shall be short-sleeve shirt, long pants (excessively long or baggy pants are prohibited) and leather work shoes. If analysis determines that safety-toed (or other protective) footwear is necessary they shall be worn.

(b) Eye and Face Protection. Eye and face protection shall be worn as determined by an analysis of the operations being performed.

(c) Hearing Protection. Hearing protection must be worn by all those exposed to high noise activities.

(d) Head Protection. Hard hats shall comply with ANSI Z89.1and shall be worn by all workers when a head hazard exists.

(e) High Visibility Apparel shall comply with ANSI/ISEA 107, Class 2 requirements at a minimum and shall be worn by all workers exposed to vehicular or equipment traffic.

(f) Gloves of the proper type shall be worn by persons involved in activities that expose the hands to cuts, abrasions, punctures, burns and chemical irritants.

10 Hazardous Substances: A hazard communication program must be provided and in effect. MSDSs shall be available at the worksite. Employees shall have received training in hazardous substances being used. When the eyes or body of any person may be exposed to corrosives, irritants or toxic chemicals, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within 10 seconds of the worksite.

Section SF 1449 - CONTINUATION SHEET

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 52.203-11 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

52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

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

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting NOV 2014 52.204-16 Commercial and Government Entity Code Reporting NOV 2014 52.204-18 Commercial and Government Entity Code Maintenance NOV 2014 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-5 Certification Regarding Responsibility Matters APR 2010 52.209-7 Information Regarding Responsibility Matters JUL 2013 52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (MAR 2015) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items DEC 2014 52.217-5 Evaluation Of Options JUL 1990 52.217-6 Option For Increased Quantity MAR 1989 52.217-7 Option For Increased Quantity-Separately Priced Line Item MAR 1989 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-25 Prompt Payment JUL 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.242-17 Government Delay Of Work APR 1984 52.246-23 Limitation Of Liability FEB 1997 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.203-7998 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation.

(DEVIATION 2015-O0010)

FEB 2015

252.203-7999 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (DEVIATION 2015- O0010)

FEB 2015

252.204-7011 Alternative Line Item Structure SEP 2011 252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7992 (Dev) Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction under any Federal Law - Fiscal Year 2015 Appropriations

DEC 2014

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are…

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