A05_DR18Q0032_Solicitation_032818.pdf

SEE ADDENDUM

(No Collect Calls)

W912DR18Q0032 28-Mar-2018

b. TELEPHONE NUMBER

410-962-5611

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 27 Apr 2018

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

TOLULOPE O OLOJO

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

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

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, BALTIMORE DISTRICT

2 HOPKINS PLAZA

ROOM 03-G-01

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:

1,000

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.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

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.

W912DR18Q0032

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTION TO OFFEROR

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 factor I as stated in the Evaluation

Criteria document. This volume shall not exceed 10 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

Tuesday, 10 April 2018.

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.

Tolu Olojo, see block 8 of the SF1449. 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.

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 Chelated Copper Algaecide for use at the Washington Aqueduct’s water treatment plants (WTPs), Dalecarlia

WTP.

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. 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 (5) year , one base and four option years. The contract type is Firm Fixed Price 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.

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 with point of contact information, contract number, and narrative describing the complexity and requirements of the contracts. This shall be submitted directly to the Contract Specialist via email at tolulope.o.olojo@usace.army.mil. Failure to do so will deem Offeror non-responsive.

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 Chelated Copper Algaecide 20% requirements.

Markups are defined as all other direct and indirect costs, management, supervision, contractor furnished equipment, material, and supplies, travel, overhead and profit.

mailto:tolulope.o.olojo@usace.army.mil

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.

PRICE SCHEDULE

Price Schedule

Chelated Copper Algaecide - 20% as CuSO4•5H2O

Line Item

Number

Description Estimated Annual

Qty

Unit of Measure Unit Price Amount

Provide Chelated Copper

Algaecide (20% as

CuSO4•5H2O)

Tote (275 gal tote bin)

TOTAL for Base year

CuSO4•5H2O)

TOTAL Option one (1)

CuSO4•5H2O

TOTAL Option two (2)

TOTAL Option three (3)

TOTAL Option four (4)

Grand Total

The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. 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

STATEMENT OF WORK

27 March 2018

SPECIFICATIONS - SCOPE OF WORK

CHELATED COPPER ALGAECIDE – 20% as CuSO4•5H2O (5% as Cu2+)

(TOTE BINS)

Summary

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

Section(s)

Chemical name Chelated Copper Algaecide 1, 6

Strength 20% as CuSO4•5H2O (5% as Cu2+) 1, 6a

Projected annual quantity 70 totes 3

Unit of measure for invoicing totes 12a

Delivery form (tote vs. bulk) Tote 7

Delivery load size As requested 7b

NSF/ANSI Certification 60 6

Physical/chemical requirements Various 5

Price submittal requirements See section 4

Delivery requirements See sections 7-12

Delivery documentation See section 7g

1. Requirement – Furnish all of the Washington Aqueduct’s Chelated Copper Algaecide 20% (as

CuSO4•5H2O, 5% as Cu2+) in accordance with these specifications. Chelated Copper Algaecide is used at

Washington Aqueduct’s Dalecarlia water treatment plant. Chelated Copper Algaecide shall conform to the requirements of NSF/ANSI Standard 60.

2. Period of Performance – Five (5) year period of performance, a base and four option years from date of award.

3. Government Projected Requirements:

Dalecarlia WTP: Approximately 70 tote bins (275-gallon tote bins) per year. Each option year shall have the same estimated quantity.

4. Information Required Upon Contract Award

a. The Contractor shall provide the following information as indicated to the parties listed below. Names and contact information will be filled in upon contract award.

Deliveries to the Dalecarlia WTP:

Washington Aqueduct

Dalecarlia Water Treatment Plant

5900 MacArthur Blvd., N.W.

Washington, D.C. 20016-5514

Title Name Phone

COR

Ch., Dalecarlia Sec.

Foreman, Dalecarlia Sec.

Plant Ops Engineer

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. Upon contract award, 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.

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

c. 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 to the individuals listed no later than 14 days after contract award. A template is provided in Appendix A.

5. Physical / Chemical Requirements

a. Chelated Copper Algaecide shall conform to the following requirements:

Physical / Chemical Characteristics

Parameter Minimum Required Maximum Allowed

Copper sulfate pentahydrate content (% w/w) 18 22

Metallic copper equivalent (% w/w) 4.5 5.5 pH 0.5 2.0

Specific Gravity 1.18 1.22

b. The Chelated Copper Algaecide supplied shall be in liquid form and must not precipitate out of solution but remain fully dissolved.

c. The Chelated Copper Algaecide supplied shall contain no soluble material or organic substances in quantities capable of producing deleterious or injurious effects on health of those consuming water that has been treated properly with the product.

d. The Chelated Copper Algaecide supplied 100% water soluble, and non-combustible.

e. The Chelated Copper Algaecide supplied shall be packaged and labeled as an algaecide/bactericide in compliance with the Federal Insecticide, Fungicide and Rodenticide Act.

f. The Chelated Copper Algaecide supplied shall self-disperse, and evenly distribute throughout the treatment area without mixing.

6. Quality Assurance Requirements

a. Certification of Suitability for Drinking Water - Chelated Copper Algaecide 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 16 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 personnel listed in section 5 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.

7. Delivery

a. Delivery date and time shall be arranged upon placement of order.

b. Quantity - The Contractor shall make Chelated Copper Algaecide deliveries upon request, in single-unit cargo trailers, in portable 275 gallon tote bins. Deliveries shall normally be made in no less than

(NLT) 15 tote bin lots. However, in cases of emergency, contractor agrees to make delivery of any requested amount less than 15 tote bin lots at no additional charge to the Government.

c. Tote Bin Retrieval - The Contractor is responsible for the pick-up and disposal or recycling of empty and near empty tote bins. One of the individuals listed in section 5 will notify the Contractor when empty and near empty tote bin pick-up is required.

d. Cargo Trailer Enclosure - Each cargo trailer used to deliver Chelated Copper Algaecide tote bins shall be totally enclosed. Open flatbed cargo trailers are not acceptable.

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. Tamper-Evident Seal – Tote bins shall be equipped with tamper-evident seals (see NSF/ANSI

Standard 60 Section 3.9.2.2).

g. Documentation Required for Each Delivery- Documentation shall be emailed to the following individuals. Names and contact information will be filled in at contract award.

Title Name Phone Email Address

Ch., Dalecarlia Sec.

Foreman, Dalecarlia

Sec.

Asst Foreman, Dalecarlia Sec.

Dalecarlia Filter

Operators

Security Officer

Documentation Required for Each Delivery

Prior t Each Delivery - The Contractor shall e-mail the personnel listed 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

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. All totes shall be labeled with indicating compliance with NSF/ANSI Standard 60.

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

5. 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

Lot Number

(%w/w) Copper sulfate pentahydrate

(%w/w) Metallic copper

Specific gravity and reference temperature pH

h. The Contractor shall notify the control room (Dalecarlia telephone 202-764-2700) and the email recipients (listed above in item 8G) of any changes in the driver, cargo trailer, and or delivery schedule.

i. Routine Deliveries - The Chelated Copper Algaecide 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 8g.

j. Emergency Deliveries - Emergency deliveries may be required within 2 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 Chelated Copper Algaecide.

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

n. All deliveries of Chelated Copper Algaecide 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

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

8. Offloading Requirements

a. Removal of security tags - Not applicable to offloading of Chemical Name.

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. 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 - Not applicable to offloading of Chelated Copper Algaecide.

d. Air padding system - Not applicable to offloading of Chelated Copper Algaecide.

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.

9. 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.

10. Condition of Delivery Vehicle

a. Chemical compatibility - Not applicable to offloading of Chelated Copper Algaecide.

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.

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.

11. Spillage

a. The Contractor shall immediately report any spills caused during the unloading operations to the operations control center of the Dalecarlia WTP – Phone: (202) 764-2700.

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.

12. Invoicing

a. Unit of measure for payment shall be: Totes of Chelated Copper Algaecide 20% (as CuSO4•5H2O) 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

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.

PRIMARY CONTRACTING OFFICER

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

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

Section SF 1449 - CONTINUATION SHEET

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

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

52.212-3 Offeror Representations and Certifications--Commercial

Items

NOV 2017

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.217-5 Evaluation Of Options JUL 1990

52.219-14 Limitations On Subcontracting JAN 2017

52.222-26 Equal Opportunity SEP 2016

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-18 Place of Manufacture MAR 2015

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-1 Payments APR 1984

52.232-18 Availability Of Funds 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 NOV 2017

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.217-7003 Changes DEC 1991

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

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2017)

DEC 2017

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.247-7023 Transportation of Supplies by Sea APR 2014

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 (NOV 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 --

“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 https://www.sam.gov/portal

(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.

“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) 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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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 (u) 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 SAM.]

(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.

https://www.acquisition.gov/

(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.

(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.

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

(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.