W912DR17Q0046_RFQ.pdf

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Polyaluminum Chloride Chemical Delivery Contract
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W912DR17Q0046
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SF 1449

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SEE ADDENDUM

(No Collect Calls)

W912DR17Q0046 11-Aug-2017

b. TELEPHONE NUMBER

410-962-5626

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 01 Sep 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LA SHURA M JOHNSON

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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 BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, BALTIMORE DISTRICT

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: 410-962-2196 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

325199

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.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

X EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF41

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.

W912DR17Q0046

Section SF 1449 - CONTINUATION SHEET

PRICE SCHEDULE

Price Schedule for PACL Unit rates are notated per (liquid) pound.

Year 1 Year 2 Year 3 Year 4 Year 5

Unit prices should include all labor, skills and material required for delivery. If inflation is applicable, it should be reflected in unit prices beginning in Year 2.

The capacity for this five (5) year contract shall not exceed 275,000 gallons or approximately 3,000,000 liquid pounds.

ORDERING PROCEDURES

H.1 Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Contracts

a. The contract type is an Indefinite Delivery, Indefinitely Quantity (IDIQ) Single Award Task Order Contract (SATOC), pursuant to FAR Part 16. Task orders will be issued on a Firm Fixed Price.

b. The Government intends to evaluate proposals and award on IDIQ SATOC, as a small business set aside.

c. The minimum guarantee is $3,000. The Basis of Award for the SATOC is Lowest Price.

d. Contract Rates: The Contractor shall use the contract rates established on the Price schedule on all task orders under the base IDIQ. The Contractor may propose less than the contract rate on task orders, but must not exceed the rates established on the base IDIQ contract.

e. Performance shall be authorized only by issuance of task orders by the Government Contracting Office; the procedures are discussed in H.2 Ordering Procedures, in the Section titled “Special Contracting Requirements” in the solicitation. No work will be performed before a written and signed (by a warranted Contracting Officer) task order. Task orders may be issued by facsimile or electronic mail (e-mail).

f. Except for the limitations stated FAR 52.216-19, there is no limit on the number or size of task orders that may be issued except that a task order or (multiple task orders) may not be issued over the IDIQ contract capacity.

This contract shall be used for work at the Washington Aqueducts sites only.

. Task orders must be issued within the ordering period of the base IDIQ. The task order period may extend beyond the end of the ordering period. However, issuance of a new task order may not occur after the expiration of the base ordering period. The ordering period shall not exceed five (5) years.

h. The North American Industry Classification System (NAICS) code for the acquisition is 325199 – All other basic organic chemical manufacturing with a size standard of 1250 employees.

i. Options maybe required at the task order level. Contract Clauses 52.217-7, 52.217-8, 52.217-9 are applicable. Task orders will specify if options are included.

H.2 Ordering Procedures

a. The Government shall have the right to award task orders in the cumulative amount of up to 3,000,000 liquid pounds during the life of this contract.

b. The Contracting Officer will notify the SATOC holders of an existing requirement by issuing a delivery order, specifying quantity of delivery and delivery date.

c. The time set for delivery will be set in each delivery order.

d. Task orders will be issued by a Contracting Officer using a Department of Defense form 1155. Each task order will include the following information at a minimum:

(1) Date of delivery order

(2) Contract and delivery order numbers

(3) Fixed price of the delivery order

(4) Delivery requirements

(5) Accounting and appropriation data

EVALUATION CRITERIA

I. INTRODUCTION

The intent for this Request for Proposal (is to solicit proposals for a contract to fulfill the requirements of the Scope of Work attached to this solicitation. The Washington Aqueduct Dalecarlia Water Treatment Plant has a requirement for 3,000,000 lbs of Polyaluminum Chloride (PACl) – Polyaluminum Hydroxychlorosulfate (Bulk Liquid) for use in the process of providing potable water to the District of Columbia, areas of Northern Virginia and Southern Maryland.

Offeror’s are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors.

Offerors shall submit in their proposal all requested information specified in this section of the solicitation at or before the exact time specified. There will be no public opening of the proposals received as a result of this solicitation. If an Offeror believes that the requirements in these instructions contain and error, ambiguity, omission or are otherwise unsound, the Offeror shall immediately notify the Contracting Officer in writing with supporting rationale.

In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful proposals.

II. BASIS OF AWARD

The Government will award this contract on a Lowest Price Technically Acceptable (LPTA) basis. The Contract will be consist of a five year ordering period. The contract type is Firm Fixed Price, Indefinite Delivery Indefinite Quantity Contract Overall Relative Order of Important of Evaluation Factors:

When technical and past performance are combined, they are approximately equal to price.

The evaluation factors are as follows:

Factor I – Technical Capability: the Offeror must provide information as specified in the attached Scope of Work. Each submittal will be evaluated to ensure requirements are met. The responsiveness and quality of information delivered by the Technical Service Department contacts provided shall also be considered in evaluating technical acceptability.

Factor II – Past Performance: An acceptable rating is required to be considered for award. The Offeror must provide information demonstrating that they have already successfully performed as a prime contractor within the last five (5) years of at least two (2) chemical contracts of equal or greater complexity to this solicitation in the minimum price range of $100,000 - $500,000. This information shall be submitted on the Past Performance Contacts Questionnaire (attached) and information requested on this document must be submitted. The Offeror shall submit at least two references, including point of contact name, email address and phone number, that can verify past performance listed in this paragraph. This shall be submitted directly to the Contract Specialist via email at LaShura.M.Johnson@usace.army.mil. Failure to do so will deem Offeror non-responsive.

The Past Performance Questionnaire included in this solicitation is provided for the Offeror or its team members to submit to the Contract Specialist 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 Past Performance Questionnaires (PPQ) should be submitted with your proposal. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before solicitation closing date, the Offeror should complete and submit with the quote the first 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. Questionnaires may be submitted directly to the Contract Specialist (via email) at least 2 days prior to the solicitation closing date.

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

However, this does not preclude the Government’s from utilizing previously submitted PPQ information in the past performance evaluation.

Offerors may 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.

The Government may review any other sources available to retrieve past performance information. Other sources may include, but are not limited to, ast 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.

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.

Factor III – Offerors shall insert proposed pricing in the Price 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.

For evaluation purposes, the Offeror shall calculate a unit rate (per liquid pound) based on an average capacity. The total capacity for this contract shall not exceed 3,000,000 liquid pounds. Therefore, the Offeror shall assume the average capacity for each year is 600,000 liquid pounds.

The absence of any information required to support the evaluation factors herein and as described below will result in disqualification from competition, as that offer will be found non-responsive and unacceptable. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for the Factors I and II.

III. EVALUATION RATINGS

The following ratings, as defined, will be assessed to the evaluations factors as indicated below.

FACTOR I – Technical Capability Rating Definition

Acceptable Proposal clearly meets the minimum requirements of the RFQ

Unacceptable Proposal does not clearly meet the minimum requirements of the RFQ

FACTOR II – Past Performance Rating Definition

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. *

Unacceptable

Based on the Offeror’s performance record, the Government has no reasonable expectation that the Offeror will be able to successfully perform the required effort.

* Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance.

Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “neutral.”

FACTOR III – Price Price will be evaluated based on technical acceptability.

INSTRUCTIONS TO OFFERORS

PROPOSAL PREPARATION INSTRUCTIONS

The Offerors shall submitted technical and price proposals in two volumes. Technical proposal shall not contain any pricing information In both volume, the Offeror shall identify primary and alternate points of contact for this effort. The information shall include: the name of the POC, office telephone numbers, email and email addresses. Both volumes shall easily identify the Offerors CAGE Code, DUNS and Federal Tax Identification Number.

Volume I – Technical Proposal Volume I shall include all technical information in response to evaluation factors I through IV as stated in the Evaluation Criteria document. This volume shall not exceed 20 pages excluding tables of contents, charts, tables, figures, schedules or cover page. Text shall be no smaller than 11 font, single spaces on 8.5 x 11 size paper. Past Performance Questionnaire documentation is excluded from the page count.

Volume II – Price Proposal Volume II shall include the price schedule included in this solicitation. Supporting documentation may be submitted for price and costs elements. There is no page limitation for this volume. Any assumptions made regarding price shall be included in this volume.

Organizational Conflict of Interest (OCI): Pursuant to Federal Acquisition Regulation (FAR) Subpart 9.5, all potential or real Organizational Conflicts of Interest (OCI)’s must be identified and evaluated as early in the acquisition. The offeror shall provide a certification that to the best of its knowledge and belief, that it is not aware of any existing potential organizational conflict of interest. If the offeror is aware of any existing potential organization conflict of interest, the contractor shall provide disclosure of the potential organization conflict of interest and a mitigation plan in its proposal for evaluation by the Government. If the Contracting Officer determines that a potential conflict exists, the offeror shall not receive award unless the OCI is resolved. All OCIs that may arise during the performance of this effort shall be disclosed to the Government as soon as identified.

REQUESTS FOR INFORMATION

The Government will honor Requests for Information regarding this procurement. Should the Offeror choose to submit questions, questions must be received by the Contract Specialist via email no later than 12:00 PM EST on Thursday, 18 August 2017.

PROPOSAL SUBMISSION INSTRUCTIONS

Offers shall be prepared in accordance with these instructions, providing all required information in the specified format. If any exceptions or deviations to the solicitation requirements are taken, these exceptions shall be clearly noted in the offeror’s cover letter. Proposals shall be submitted via email ONLY to the Contract Specialist, Ms. La Shura Johnson, no later than 2:00 PM EST on Friday 01 September 2017. The Offeror shall request and document timely submission of proposal from the Contract Specialist the time of submission. Official submission will be documented in accordance with the date and time stamp of the email submission.

PAST PERFORMANCE PPQ

NAVFAC/USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0) CONTRACT INFORMATION (Contractor to complete Blocks 1-4)

1. Contractor Information Firm Name: CAGE Code:

Address: DUNs Number:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information Contract Number:

Delivery/Task Order Number (if applicable):

Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information Name:

Title:

Phone Number:

Email Address:

6. Describe the client’s role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Client’s Signature:

SPECIFICATIONS - SOW

POLYALUMINUM CHLORIDE (PACl) –

POLYALUMINUM HYDROXYCHLOROSULFATE

(BULK LIQUID)

Summary Physical/Chemical Requirements 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 PACl 1, 6 Strength 17.5% Aluminum oxide 1, 6a Projected annual quantity 600,000 lbs. (approx. 55,000 gal) 3 Unit of measure for invoicing pounds 13a Delivery form (tote vs. bulk) Bulk 8 Delivery load size 2,000 to 5,000 gallons (as requested) 8b NSF/ANSI Certification 60 7 AWWA Standard B408 6a Physical/chemical requirements Various 6 Bid 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 Polyaluminum Chloride in accordance with these specifications. The Polyaluminum Chloride must be a Polyaluminum hydroxychlorosulfate and is referred to as “PACl” in this specification. PACl is used at Washington Aqueduct’s McMillan water treatment plant (WTP).

PACl shall conform to the requirements of ANSI/AWWA Standard B408, latest revision, for PACl, except as modified or supplemented herein, and shall conform to NSF/ANSI Standard 60.

2 Period of Performance – This contract will be an Indefinite Delivery Indefinite Quality (IDIQ) with a five (5) year ordering period

3 Government Projected Requirements:

McMillan WTP: Approximately 55,000 gallons (600,000 pounds) of neat PACl per year.

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

Information to be Submitted with Bid

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 PACl to

Washington Aqueduct

6. Information demonstrating past performance as described in paragraph (c) of this section 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.” Bidders who do not include information demonstrating past performance shall be deemed as having “Unacceptable” past performance.

Bidders 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 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:

Washington Aqueduct personnel will be added here upon award.

Information Required Upon Contract Award Sales Office Information

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 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 the parties listed below:

Washington Aqueduct personnel will be added here upon 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 PACl shall meet or exceed the ANSI/AWWA Standard B408, latest revision except as modified or supplemented herein. All sampling and testing shall be in accordance with ANSI/AWWA Standard B408, latest revision. PACl supplied shall conform to the following requirements:

Physical / Chemical Characteristics Parameter Minimum Required Maximum Allowed

Polyaluminum chloride, % (w/w) as Aluminum 9.1 9.7 Polyaluminum chloride, % (w/w) as Aluminum Oxide (Al2O3)

17.25 18.25

Specific Gravity at 60 degrees F 1.25 1.35 pH 2.0 3.0 Turbidity, NTU 50 Sulfate, % 0.5 1.5 Basicity, % 77 81 b The PACl supplied shall be in liquid emulsion form.

c The PACl supplied shall be easily applied by metering pumps and water miscible, free from visible foreign matter and sediment, and shall remain as a stable suspension without settling out during storage.

7 Quality Assurance Requirements – a Certification of Suitability for Drinking Water - PACl 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 250 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 upon placement of order.

b Quantity - The Contractor shall make PACl deliveries upon request in single-unit tank trucks, in quantities of 2,000 to 5,000 gallons per truckload, depending on water treatment plant needs. Tank trucks shall be weighed prior to each delivery and the net weight of neat PACL expressed in pounds shall be machine stamped on each delivery ticket.

c Tote Bin Retrieval - Not applicable to deliveries of PACl.

d Cargo Trailer Enclosure - Not applicable to deliveries of PACl.

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 McMillan WTP:

Washington Aqueduct personnel will be added here upon 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

Polyaluminum chloride, % (w/w) as Aluminum Oxide (Al2O3) Turbidity

Basicity

Specific Gravity and Reference Temperature h The Contractor shall notify the control room (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 PACl 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 24 hours after notification and might include holiday and night hours.

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 PACl.

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

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

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

Washington, D.C. 20001 o Directions:

Directions to the Dalecarlia WTP:

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 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 PACl shall be delivered in tank trucks dedicated only to transporting PACl.

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 McMillan WTP 202-762-0166.

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 shall be charged to the Contractor and deducted from the amount due to the Contractor.

13 Invoicing a Unit of measure for payment shall be: Pounds of PACl delivered FOB destination.

b The Contractor shall mail the original delivery invoices to:

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

And a copy to:

Washington Aqueduct 5900 MacArthur Blvd., N.W.

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 3,000,000 Liquid

Pounds

PACL

FFP

The Contract shall provide all labor, product and materials necessary to fulfill the requirement of the SOW.

The ordering period for this IDIQ is five (5) years from the date of award.

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-14 Limitations On Subcontracting JAN 2017 52.222-26 Equal Opportunity SEP 2016 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-1 Payments APR 1984 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items JAN 2017 252.217-7003 Changes DEC 1991 252.247-7012 Ordering Limitation DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The Government will award a contract resulting from this solicitation to the responsible 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:

Factor 1 – Technical Capability Factor 2 – Past Performance Factor 3 – Price

Technical and Past Performance, when combined, are approximately equal to price.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

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 located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

"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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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)…

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