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DISTRICT OF COLUMBIA

WATER AND SEWER AUTHORITY

DEPARTMENT OF PROCUREMENT

REQUEST FOR PROPOSALS (RFP)

FOR

SMALL CONSTRUCTION AND RENOVATION PROJECTS

RFP NUMBER: 14-PR-DFS-02

ISSUE DATE: February 3, 2014

CLOSING DATE: March 3, 2014

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TABLE OF CONTENTS

Page

SECTION A: EXECUTIVE SUMMARY AND BACKGROUND 4

SECTION B: SCOPE OF WORK 4

SECTION C: EVALUATION OF PROPOSALS 24

SECTION D: PROPOSAL PREPARATION AND SUBMISSION 27

SECTION E: GENERAL CONDITIONS 31

SECTION F: SPECIAL CONDITIONS 37

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INCORPORATED DOCUMENTS

Attachment B – Pricing Schedule

Attachment C- General Provisions, Goods and Service Contracts

Attachment E - Representations, Certifications and Acknowledgements

Attachment F– Vendor Information and W9 Forms

Attachment G - Local Small Business Enterprise Program

Attachment H– EEO Information and Forms

Attachment I – DC Water Works Employment Program

Attachment L – Mid-Atlantic Purchasing Team Rider Clause

Attachment M - U.S. Department of Labor Wage Determination No. 05-2104 (Rev.15) dated

June 19, 2013

Attachment N – Indefinite Delivery Indefinite Quantity Ordering Procedures

Attachment O – Performance Bond

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SECTION A: EXECUTIVE SUMMARY AND BACKGROUND

A.1 Executive Summary

The District of Columbia Water and Sewer Authority (DC Water) is seeking the services of a qualified general contractor, licensed and bonded in the Washington, District of Columbia metropolitan area to provide general construction work for rough carpentry, finished carpentry, partition installation and removal, roof repairs (torch down, rubber membrane, slate, green roofs, slag, corrugated metal, and various roof systems), dry wall systems, toilet and bath accessories, doors and frames, (wood, plastic, metal, and hollow core), cast and place concrete, electrical applications and repairs, demolition as applicable to the project, plumbing upgrades, painting, fall protection, ceiling and floor tiles, site design development documents, scaled site and construction drawings, and project phasing schedule at all of DC Water facilities.

A.2 BACKGROUND OF AUTHORITY

Until 1996, the District of Columbia Water and Sewer Authority, now referred to as DC Water, was part of the District of Columbia government. In 1996, the District government initiated the creation of the District of Columbia Water and Sewer Authority (DC WASA), an independent authority of the District of Columbia providing services to the region. Although DC Water maintains some ties with District government, its finances and operations are separate. DC Water develops its own budget which is incorporated into the District’s budget and then forwarded to Congress. All funding for operations, improvements, and debt financing is derived through usage fees, EPA grants, and sale of bonds.

DC Water’s daily operations are managed by the general manager who reports to an 11-member Board of Directors. Six board members represent the District and five represent the adjoining jurisdictions. Two members each are from Prince George’s and Montgomery counties in Maryland, and one from Fairfax County in Virginia.

DC Water provides retail water and wastewater services to its residential and commercial customers in the District. Wholesale wastewater treatment is provided to portions of Montgomery and Prince George’s counties in Maryland and Fairfax and Loudoun counties in Virginia. DC Water buys its drinking water from the Washington Aqueduct, a division of the U.S. Army Corps of Engineers. The Aqueduct treats the water and DC Water distributes it throughout the District of Columbia. DC Water’s Blue Plains Advanced Wastewater Treatment Plant, located at 5000 Overlook Avenue SW, is the world’s largest advanced wastewater treatment facility.

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DC Water Facts

• Multi-jurisdictional regional utility that provides drinking water to the District’s 600,000 residents.

• Collects and treats wastewater for 1.6 million customers in adjacent jurisdictions.

• Approximately 1,000 employees work at various facilities throughout the District of Columbia.

• DC Water’s service area covers approximately 725 square miles. • To distribute water, DC Water operates nearly 1,300 miles of pipes, five

pumping stations, five reservoirs, four elevated water storage tanks, 36,000 valves and 8,700 hydrants.

• To collect wastewater, DC Water operates 1,800 miles of sanitary sewers, 22 flow metering stations, nine off-site pumping stations and 16 storm water pumping stations within the District.

• DC Water operates Blue Plains that covers 153 acres with a capacity of 370 million gallons per day and a peak capacity of 1.07 billion gallons per day.

SECTION B: SCOPE OF WORK

B.1 Construction Service Requirements

B.1.1 Contractor shall furnish labor, miscellaneous parts, equipment, and tools; including but not limited to ladders and lifts, transportation, methods of communication, and if required, miscellaneous services.

B.1.2 Contractor shall provide qualified technicians to perform various duties as directed by the DC Water Contracting Officer’s Technical Representative (COTR).

B.1.3 All work requested by DC Water to the contractor shall be in accordance with Attachment N- Indefinite Delivery – Indefinite Quantity Order Contract Ordering Procedures. Contractor shall work until each job is completed. Contractor may be required to respond to multiple requests for services at the same time.

B.1.4 All work shall be performed under the applicable license as required under the laws of the District of Columbia.

B.1.5 Contractor shall leave the work area clean and free of materials, debris, and vendor equipment to the satisfaction of the COTR. Contractor shall remove from the building and dispose of all defective materials removed in performance of the service and removal shall be in strict accordance with all applicable rules, regulations, codes, laws, ordinances, statutes, etc. The COTR shall approve the removal of all mechanical and electrical parts.

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B.1.6 For equipment located above the ceiling line and above a work area, the Contractor shall cover the furnishings and floor area located below the equipment prior to commencing work.

B.1.7 The Contractor shall clean, repair or replace any item damaged by them or their subcontractor(s) during the performance of the contract. This shall be accomplished to the satisfaction of DC Water, and at the Contractor’s expense.

B.1.8 All tests, inspections, calibrations, time and work completed by the Contractor shall be documented on standard forms provided by the Contractor, in a format approved by DC Water.

B.1.9 Miscellaneous Services: If DC Water requires additional work that is outside the preventative and corrective maintenance scope, the Contractor shall provide miscellaneous services (such as core drilling, rental equipment, insulation services, and sheet-metal fabrication, etc.) necessary to complete construction work, as needed. The Contractor shall provide a cost estimate, which shall be approved by the COTR prior to any work being performed.

B.2 Contractor Qualifications and Responsibilities B.2.1 The Contractor staff performing work must have the proper licenses and permits to

perform the task, including any required Department of Consumer and Regulatory Affairs, (DCRA) licenses and permits. Contractor is responsible for obtaining all the necessary permits, including but not limited to DCRA, District of Columbia Department of Energy, (DDOE), Environmental Protection Agency (EPA), and District of Columbia Department of Transportation, (DDOT). The Contractor must provide resumes that specify staff experience, training, formal education, personal information, detailed work history to include places and dates of employment, and certificates of all formal training and/or licensing. The contractor must provide a list of staff that will be assigned to DC Water during the contractor term and submit an application for a contractor’s badge to access to DC Water facilities.

B.2.2 The Contractor shall report directly to the DC Water COTR. B.2.3 The Contractor shall submit monthly invoices and monthly status reports of work

performed to the COTR.

B.2.4 No work shall be performed on Saturdays, Sundays, or DC Water designated holidays without prior approval of DC Water. If any work is to be performed outside of normal work hours, a request must be made by the Contractor to COTR, at least three days prior to the requested work date, unless the work is being performed on an emergency basis.

B.2.5 The Contractor is required to submit its Safety Standard Operating Procedures (SOP) with their bid.

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B.2.6 Prior to commencing work on any project, the Contractor shall submit its safety plans to Robert Wells, Jr., Manager, Construction Safety, Department of Occupational Health and Safety District of Columbia Water and Sewer Authority, 5000 Overlook Avenue, S.W., Central Maintenance Facility (CMF) 2nd floor, Washington, DC 20032, telephone number (202) 787-4245. Contractor shall have a safety supervisor on each project site at all times.

B.2.7 Prior to commencing work on any project, the Contractor shall submit its emergency plans to Jonathan Reeves, Manager, Department of Distribution and Conveyance Systems, Office of Emergency Management, District of Columbia Water and Sewer Authority, 5000 Overlook Avenue, SW, Central Maintenance Facility (CMF) 2nd floor, Washington, DC 20032, telephone number (202) 612-3449.

B.2.8 Contractors shall log in their start and completion times on the service ticket for services performed and the COTR shall confirm and approve the times. Contractors shall provide the following on the service ticket: building number, floor, name of technicians performing the work, and the DC Water task order number issued for that job.

B.2.9 The Contractor shall have a Project Manager (PM) or other company representative available for management meetings upon DC Water’s request.

B.2.10 The Contractor shall have a constantly monitored twenty- four (24) hour a day phone number(s) to contact for service.

B.2.11 Actual travel time to and from the work location is not reimbursable under the contract and/or task order. Travel cost shall be included in the hourly labor rate.

C.1 General

SECTION C – EVALUATION OF PROPOSALS

The contract will be awarded to the responsible offeror (s) whose offer is most advantageous to DC Water, based upon the evaluation criteria specified below. Thus, while the points in the evaluation criteria indicate their relative importance, the total scores will not necessarily be determinative of award. Rather, the total scores shall guide DC Water in making an intelligent award decision based upon the evaluation criteria. DC Water reserves the right to reject any and all proposals determined to be inadequate or unacceptable. DC Water may award a contract on the basis of initial offers received, without interviews or discussions. Therefore, each initial offer should contain the offeror’s best terms from a cost and technical standpoint.

C.2 Evaluation Criteria

The selection committee will consider all proposals based on the technical merit of the proposal; the offeror’s approach to the project; the experience, qualifications and responsiveness of the offeror; and the capability of the offeror to complete the obligations of the assignment and the project price. The criteria for evaluating each proposal their respective points is as follows:

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Evaluation Criteria Maximum Points

Technical Approach 20 points

Qualification of Key Personnel 25 points

Experience and Past Performance 20 points

Capacity/Organization and Management Approach 20 points

Cost 15 points

Total 100 points

Preferences:

Local Business Enterprise (LBE) 5 points

Local Small Business Enterprise (LSBE) 5 points

Preferences Total

Total Maximum Points 110 points

10 points

C.3 REQUIREMENTS FOR EVALUATION FACTORS

Proposals will be evaluated to determine their acceptability in accordance with the criteria set forth. DC Water reserves the right to reject any and all proposals determined to be inadequate or unacceptable. Award will be based on best value to DC Water. The proposal must address the four criteria areas as listed below. The proposal sections must be externally tabbed in the order of the evaluation criteria. An executive summary stating the offeror’s overview of the project shall precede the beginning of the tabbed proposal sections.

The Offeror must address all five (5) criteria listed below:

a. Technical Approach – 25 points

The proposal must outline the quality, completeness and methodology of the technical approach envisioned for the project in response to Section B – Scope of Work. Sufficient detail must be provided to demonstrate the respondent’s understanding of the required services; how the project will be structured; and how the work will be performed.

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In addition, in order to evaluate the Respondent’s technical approach, DC Water may request a site visit to one of the Respondent’s in-progress project sites. An inspection of the projects bidding documents, invoices and change orders may also be requested.

b. Qualifications of Key Personnel – 20 points

The respondent shall identify and describe the qualifications of key personnel and team members assigned to this project, including their expected project assignments and the extent of their participation. The respondent shall include resumes of all key personnel in an Appendix to the proposal. The respondent shall demonstrate the capability and relevant experience of key personnel.

c. Experience and Past Performance – 20 points

The respondent shall describe the most recent project which best illustrates their team’s most relevant experience, ability and expertise in providing security guard services.

The respondent shall provide at least five (5) references, with telephone number(s), where They performed satisfactorily, similar contracts, in scope and size, for public or private projects in the last five (5) years. The respondent shall include past performance and contact information for all contracts.

d. Capacity/Organization and Management Approach – 20 points

The respondent shall demonstrate their capacity (labor, equipment, material and financial resources) to successfully apply and commit itself to this contract. The respondent shall identify all major on-going projects or anticipated projects that may conflict with their performance under this contract. The respondent shall provide, if applicable, a detailed description of how they intend to mitigate these conflicts and establish service continuity for this contract. The respondent shall outline a management approach that successfully manages this project and provides DC Water with desired results.

In addition, respondents must provide sufficient evidence of the following:

(1) Ability to obtain and maintain all necessary permits and certifications required for this project;

(2) Ability to meet project schedules, delivery dates and specific monitoring and reporting requirements; and

(3) Adequate financial resources, credit and/or the ability to obtain such resources for performance of this project.

e. Cost – 15 points

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Respondents shall submit their best estimate of total costs to provide the services described in this RFP. The cost should be broken down by labor category. The prices set forth in the cost proposal shall be used for evaluation purposes and for establishing contract price.

DC Water anticipates that the contract will be a firm-fixed price contract based on hourly rates. Hourly rates shall be fully burdened to include compensation for all labor, equipment, materials, insurance, bonds and incidentals required to perform the services outlined in Section B.

Respondents shall provide relevant information necessary to support the appropriateness, reasonableness and competitiveness of all unit prices included in the proposal.

The lowest proposal price of the proposals found to be technically acceptable will be divided by the price of the cost proposal being evaluated, and the resulting quotient will then be multiplied by the maximum points possible.

Lowest proposal price

Price in proposal of Respondent being evaluated

x 25 points maximum = (score)

The resulting score will be the points assigned for the Cost Proposal. The cost proposal shall reflect the cost for the base year and all option years. Failure to submit pricing for the base contract year and four (4) option years shall be cause for rejection of the respondent’s proposal. f. LBE and LSBE Preferences – (10 points maximum) DC Water encourages the use of certified Local / Small Business Enterprise program,

see attachment G.

C.4 EVALUATIONS OF OPTIONS

DC Water shall evaluate proposed fixed-fee prices for award purposes by adding the total price for all options to the total price for the base term requirement. Evaluation of options shall not obligate DC Water to exercise the option(s).

C.5 REJECTION OF PROPOSALS

DC Water reserves the right, at its own discretion:

1. To cancel this solicitation or reject all proposals in accordance with DC Water’s procurement regulations;

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2. To reject proposals that contain conditions and/or contingencies which in DC Water’s judgment make the proposal indefinite or incomplete;

3. To waive minor irregularities in any proposal provided such waiver does not result in an unfair advantage to any Respondent; or

4. To take any action within the applicable procurement regulations or law.

C.6 COMPETITIVE NEGOTIATION

The Contracting Officer may procure goods and services through competitive negotiation when a solicitation has failed to produce acceptable proposals.

D.1 Proposal Identification

SECTION D - PROPOSAL PREPARATION AND SUBMISSION

The original of the proposal and pricing schedule should each be clearly marked “Original”, and bear all required original signatures, RFP Number 14-PR-DFS-02 and should be delivered to the location stated in the RFP, Section D.2, Hand Delivery or Mailing of Proposals, and Section D.3, Proposal Submission Date and Time, by no later than the time and date specified in the RFP. Respondents are to submit one (1) original and five (5) copies of the proposal, including the pricing schedule. The proposal should be in a sealed carton or envelope, clearly marked and labeled RFP 14-PR-DFS-02.

NOTE

D.2 Hand Delivery or Mailing of Proposals:

: Nothing stated herein shall preclude DC Water from requesting additional information and/or clarification and/or additional documentation in support of any assertion made by any Respondent. By submission of a proposal, the offeror agrees to provide such additional clarification in a timely manner. In some instances, DC Water may be unable to make a determination of the responsiveness of a proposal in the absence of such information. A proposal cannot be evaluated for technical merit unless it is determined to be responsive.

Deliver or Mail to: Ms. Robyn Austin, Senior Contract Administrator District of Columbia Water and Sewer Authority Department of Procurement 5000 Overlook Avenue, SW, Room 200 Washington, DC 20032 Telephone number: (202)787-7021 Fax number: (202)787-2042 Email: robyn.austin@dcwater.com

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D.3 Proposal Submission Date and Time

Proposals must be submitted no later than 2:00 p.m., Monday, March 3, 2014. Hand-delivered proposals received later than the closing date and time indicated above will not be accepted. Mailed proposals received later than the closing date and time indicated above will not be eligible for consideration and then retained with unsuccessful offers.

D.4 Late Proposals and Modifications and Withdrawals of Proposals

Any proposal received at the office designated in the solicitation after the exact time specified for receipt is "late" and will not be eligible for consideration and then retained with unsuccessful offers.

Any modification of a proposal including a modification resulting from the Contracting Officer’s request for “best and final” offer is subject to the same conditions as the original proposal.

ONLY THOSE RESPONSES RECEIVED IN DC WATER’S OFFICES BY THE PROPOSAL DEADLINE WILL BE CONSIDERED. FAX OR E-MAIL RESPONSES WILL NOT BE ACCEPTED.

D.5 Proposal Size, Content and Organization Each proposal shall be prepared on 8 ½” x 11” size paper, tabbed to point to each section as specified below:

D.5.1 The original proposal shall contain the following

The proposal shall represent the best efforts of the offeror and will be evaluated as such. It must set forth full, accurate, and complete information as required by this section, other applicable sections, and attachments B through M. Telephonic, telegraphic, facsimile, or email proposals will not be accepted. Unnecessarily elaborate brochures, elaborate artwork, expensive paper and bindings, and other presentation aids are neither necessary nor desired. The proposal shall be organized as follows:

D.5.2 Experience and Qualification of the Firm

This section of the proposal shall consist of the following:

1. Experience and Qualification of the Firm This section of the proposal shall consist of the following: a. A brief description of the firm including ownership structure and financial viability;

b. An Audited Financial report for the past two (2) fiscal years;

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c. The name of the offeror and whether it is a corporation, joint venture, partnership (also show type of partnership) or a sole proprietorship;

d. If the offeror is a partnership or joint venture, names of general partners or joint

ventures; e. State of incorporation or registration; f. State in which the offeror pays or would be liable for income taxes; g. Copy of any current license, registration, or certification to transact business

in the District of Columbia, if required by law to obtain such. If the offeror is a corporation or limited partnership and does not provide a copy of license, registration, or certification to transact business in the applicable jurisdiction for which it submits a bid, the offeror shall certify its intent to obtain the necessary license, registration, or certification prior to contract award;

h. The name, title, telephone number, and address of the person authorized to negotiate

on behalf of the offeror and contractually bind the offeror, if other than the person signing the proposal; and

i. Other changes must be initialed by the person signing the offer. Offers signed by an

agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the Contracting Officer.

j. Respondents shall provide the following information for at least three (3) contracts

the Contractor has performed duties similar to those described herein. Evidence of the three (3) contracts shall include:

i. Date(s) of contracts ii. Name of client; and

iii. Volume of transactions or financial value of project and any there relevant statistics

k. Provide a minimum of three (3) references from prior and similar contracts with utility-operating (preferably water and/or sewer) clients to include:

i. Name of client organization ii. Name, address, current phone number of staff members who

administered the contract for the referenced client.

l. The same information as above for any contracts in the past five (5) years that were terminated prior to the expiration date, and the reason for termination.

2. Experience and Qualifications of Key Personnel

This section of the proposal shall contain the resumes for the managerial or supervisory personnel who will be assigned to work on the Contract and identify all key personnel.

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a. Provide the resumes of all managerial or supervisory personnel including subcontractor(s) managerial and supervisory staff employed by or under contract with the firm as of the date of proposal submission who are expected to work in performance of the contract. Each resume shall contain the following information:

(i) Full name; (ii) Title and area(s) of specialty; (iii) Affiliation (i.e., staff of offeror or subcontractor); (iv) Experience directly related to the proposed contract. (v) Education/training of the individual.

b. This section of the proposal shall consist of a description of the proposed organizational

structure which shows how the staff and any subcontractors will be managed and the reporting relationships. List the name of each proposed employee and subcontractor employed for the project and the percentage of time that each will devote to the performance of the contract. The offeror may not change the names of these personnel before or after contract award without written permission from DC Water.

At a minimum this section shall include the following:

i. Location of headquarters; ii. A chart of the offeror’s internal organization which shows the

number of full-time personnel, contract staff members, and their level of responsibility within that organization;

iii. Prior and pending litigation/liens and debts (the offeror shall list and summarize any civil litigation and criminal prosecutions involving it and any litigation between it and any party involving discrimination complaints and anti-trust suits within the last five (5) years. This information shall also be submitted for the offeror’s parent or subsidiary organization or any of its subcontractors previously mentioned, shall list all existing debts owed to participating jurisdictions and any liens placed on property of the offeror within the last three (3) years); and

iv. Respondents must also submit a letter of agreement for each subcontractor and a detailed subcontracting plan which describes the functions and tasks to be performed by each subcontractor.

3. Approach to Statement of Work This section of the proposal shall consist of the offeror's detailed explanation of how the offeror intends to perform the requirements as specified in the Scope of Work, Section B of this RFP.

D.5.4 Price Evaluation Cost

This section of the proposal shall consist of the following:

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a. Offerors are to submit prices for each item identified in the Schedule. Responses for services other than those specified will not be considered. The prices set forth in the schedule will be used for evaluation purposes (see Attachment B: Pricing Schedule) and for establishing a contract price.

b. Offerors shall submit cost and pricing data and certification that, to the best of the contractor’s knowledge and belief, the cost or pricing data submitted is accurate, complete, and current as the date submitted with the proposal.

E.1 Contact Person

SECTION E - GENERAL TERMS AND CONDITIONS

For procurement information regarding this RFP, Contact:

Ms. Robyn Austin, Senior Contract Administrator District of Columbia Water and Sewer Authority Department of Procurement 5000 Overlook Avenue, SW, Room 200 Washington, DC 20032 Telephone number: (202)787-7021 Fax number: (202)787-2042 Email: robyn.austin@dcwater.com

E.2 EXPLANATIONS TO RESPECTIVE RESPONDENTS

Any prospective respondent desiring an explanation or interpretation of this RFP must request it in writing. Requests must be directed to the Contact Person at the address listed in Section E.1 by no later than 4:00 p.m., on Thursday, February 13, 2014. Questions may be faxed. Oral explanations or instructions given before the award of the contract will not be binding.

Any information given to a prospective Respondent concerning a solicitation will be furnished promptly to all other prospective Respondents as an amendment to the RFP, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective Respondents.

E.3 ACCEPTANCE PERIOD

The Respondent agrees, if its offer is accepted within ninety (90) days from the date specified in the RFP for the submission of proposals, to furnish any or all items on which prices are offered at the price stated in the Cost Proposal.

E.4 TYPE OF CONTRACT

This is an Indefinite Delivery Indefinite Quantity contract. Contract award will be made to only one (1) firm for the services specified. The contract awarded as a result of this solicitation will

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be a firm-fixed hourly labor rate contract. The total scope of the technical tasks for which orders may be issued is set forth in Section B, Scope of Work.

E.5 TERM OF CONTRACT

E.5.a The term of the contract shall be for a period of one (1) year from the award date specified on page 1 of the contract, with four (4) one (1) year option periods. The options are subject to DC Water’s option to extend the term of the contract in accordance with paragraphs below.

E.5.b

If DC Water determines it to be advantageous, it may extend the term of this contract for four (4) successive one (1) year periods or a fraction of a year.

Option Period

E.5.c

DC Water may extend the term of this contract by written notice to the Contractor before the expiration of the contract, provided, that DC Water shall give the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit DC Water to an extension. The exercise of this option is also subject to the availability of funds at the time of the exercise of the option.

Option to Extend the Term of the Contract

The total duration of this contract including the exercise of any options under this provision shall not exceed five (5) years.

E.6 COMMENCEMENT OF OPERATIONS

Commencement of operations and receipt of deliverables shall follow the work plan as negotiated and accepted in the contract resulting from this solicitation.

E.7 PRICE ADJUSTMENTS

Prices quoted in respondents proposals shall be firm fixed prices upon award of a contract. A request for a price adjustment is subject to approval or rejection by the Contracting Officer.

E.8 PAYMENT AND INVOICES

DC Water shall reimburse the Contractor for all services performed under Section B Scope of Work. Invoice(s) shall be submitted on a monthly basis (unless otherwise agreed by DC Water) and shall reflect, at a minimum, the following information: contract number; period of services; purchase order number; description of services provided in relation to each of the task components; and authorized signatures.

A. Invoices shall be mailed in duplicate to the address below:

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The District of Columbia Water and Sewer Authority Accounts Payable 5000 Overlook Avenue, SW, Fourth Floor Washington, DC 20032

Invoices can also be emailed to Accounts.Payable@dcwater.com .

B. Payments will be processed when all deliveries under this order have been made and/or services rendered. All payments are processed Net 30 days from the receipt of a certified invoice. In cases where partial payments are authorized, the invoices or billing should clearly indicate “partial payment requested.” The invoices must state what has been rendered or received.

C. The Contractor shall prepare verification data of any items questioned for the amount claimed and provide complete cooperation during such investigation. Invoices shall include calculations of estimated or actual operating charges as well as backup documentation for any reimbursable items.

E.9 DISCLOSURE OF INFORMATION

No information regarding the Contractor’s performance of the contract shall be disclosed by the Contractor to anyone, unless written approval is obtained in advance from the Contracting Officer.

E.10 APPLICABILITY OF CONTRACT PROVISIONS

The terms and conditions set forth in the below list shall apply to and be incorporated by reference to any contract awarded as a result of this RFP. The terms and conditions appear as Attachments B through M to this RFP.

Attachment B - Pricing Schedule

Attachment C - General Provisions, Goods and Service Contracts

Attachment E - Representations, Certifications, Acknowledgements and Affidavits

Attachment F – Vendor Information and W9 Forms

Attachment G – Local Small Business Enterprise Program

Attachment H– EEO Information and Forms

Attachment I – DC Water Works Employment Program

Attachment L – Mid-Atlantic Purchasing Team Rider Clause

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Attachment M - U.S. Department of Labor Wage Determination No. 05-2104 (Rev. 15) dated

June 19, 2013

Attachment N – Indefinite Delivery Indefinite Quantity Ordering Procedures

Attachment O – Performance Bond

E.11 LICENSES AND PERMITS

The Contractor shall obtain at its expense any licenses, permits, registration necessary for the performance of the contract.

E.12 INSURANCE

All insurance provided by the Contractor shall be in accordance with Attachment C, General Provisions, Goods and Services Contracts; Part 13, Insurance Requirements.

E.13 KEY PERSONNEL

The personnel specified for project(s) will be considered to be essential. If these individuals are unavailable for assignment for work under the contract, the Contractor shall immediately notify DC Water and shall submit justifications (including proposed substitutions) in sufficient detail to permit evaluation of the impact of the project. Prior to the substitution of key personnel, the Contractor shall obtain the written consent of DC Water as to the acceptability of the succeeding personnel; provided that DC Water may ratify in writing such substitution. The new personnel’s qualifications shall not be less than replaced personnel. Key personnel must be replaced within five (5) days of notification of separation from the company.

E.14 STANDARD OF PERFORMANCE

In entering into a contract with the Contractor, DC Water is relying on the Contractor’s expressed credentials, expertise, and experience, regarding the services. The Contractor represents and warrants that the services provided by the Contractor and its subcontractors shall be consistent therewith and with the professional standards of diligence, care, and skill currently recognized in Contractor’s profession, and shall comply with all applicable Federal, state, and local laws, regulations, codes, and ordinances.

E.15 PEFORMANCE BOND

A. The Respondent may be required to furnish a performance bond for the full amount of a particular task order, in the form contained herein, and naming the District of Columbia Water and Sewer Authority as oblige, and of a Surety Company qualified to do business under the laws of the District of Columbia, and acceptable to DC Water. The premium for such bond is to be included in the contract sum and paid by the Respondent.

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B. Performance bond shall remain in effect for the duration of the contract and any time extension(s) thereto. Performance bond is required for option years, for the contract sum for that period.

C. Performance bond shall be executed and submitted to DC Water, for insertion in the Contract Documents, prior to the execution of the contract.

D. Failure to provide and/or maintain performance bond, as required by the contract, will result in disqualification of a Respondent or termination of the contract.

E. The form for performance bond is attached hereto as Attachment O

E.16 CONTRACT ADMINISTRATION

E.16.a Contracting Officer: The Contracting Officer is the only person authorized to contractually bind DC Water. The Contracting Officer shall be the General Manager or his designee, District of Columbia Water and Sewer Authority, 5000 Overlook Avenue, SW, 3rd floor, Washington, DC 20032, telephone number (202-787-2000).

E.16.b Contracting Officer Representative (COR): The Contracting Officer Representative is the Contract Administrator. The Contract Administrator is responsible for general administration of the contract, day-to-day operations and advising the Contracting Officer as to the Contractor’s compliance or noncompliance with the contract. The Contract Administrator shall be Carlos Almeida, Acting Director, Department of Facilities, District of Columbia Water and Sewer Authority, 5000 Overlook Avenue, SW, Central Operations Facility (COF) 2nd floor, Washington, DC 20032, telephone number (202) 787-2307.

E.16.c. Contracting Officer Technical Representative: The technical representative is responsible for the daily coordination of operating procedures between DC Water and the Contractor, and for monitoring contract compliance. The technical representative shall be Forrest Ricketts, Facilities Services Manager, Department of Facilities, District of Columbia Water and Sewer Authority, 5000 Overlook Avenue, SW., Central Operations Facility (COF) 2nd floor, Washington, DC 20032, telephone number (202) 787-2596.

E.17 DRUG-FREE WORK PLACE (JULY 1990) AND EEO INFORMATION

Reference Attachment E - Representations, Certifications, Acknowledgements, Page 5, regarding Drug-Free Workplace. Reference Attachment H - EEO Information regarding EEO requirements and forms that must be submitted with the proposal.

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E.18 DISPUTES

DC Water shall attempt to resolve all contract disputes arising under, or relating to, contracts by mutual agreement after informal discussions have taken place between the Contractor and the DC Water.

E.19. PROTESTS

a. Protests directed to the terms, conditions, or form of a proposed procurement action, must be received by the Contracting Officer in writing not later than ten (10) calendar days prior to the date established for opening of bids or receipt of proposals, except that an initial protest that arises under an amendment to a solicitation may be filed up to four (4) calendar days after the date the amendment was issued but in no case after the time established for opening of bids or receipt of proposals.

b. Protests of an award decision shall be filed in writing with the Contracting Officer within five (5) calendar days of when the protester knew or should have known of the facts and circumstances upon which the protest is based. Only bidders /proposers may protest an award decision. Protest must be received by 5:00 p.m. according to local time in the District of Columbia. Any protests received after that time will be considered to be filed on the next day.

c. The Contracting Officer shall issue a decision within thirty (30) calendar days after the protest is filed, subject to any extension approved by the General Manager.

d. The decision of the Contracting Officer shall be final and conclusive. No further administrative remedies will be available to the protester.

e. The aggrieved party shall deliver the protest to the General Manager at : DC Water 5000 Overlook Avenue, SW Third Floor Washington, DC 20032

f. A copy of the protest shall be delivered to the Procurement Director. It shall be delivered to:

DC Water Department of Procurement

5000 Overlook Avenue, SW Washington, DC 20032

E.20 APPEALS

The right to appeal a decision of the Contracting Officer must be filed with a court of competent jurisdiction.

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E.21 FUNDING LIMITATION

The obligations of the Authority to fulfill financial obligations pursuant to this Contract (including any indemnity obligation) are and shall remain subject to the provisions of (1) the federal Anti-Deficiency Act, 31 U.S.C.§§ 1341, 1342, 1349-1351, 1511-1519 (2004), and D.C. Official Code §§ 1-206.03(e) and 47-105 (2001); (2) the District of Columbia Anti-Deficiency Act, D.C. Official Code §§ 47-355.01-355.08 (2006 Repl.) ((1) and (2) collectively, as amended from time to time, the “Anti-Deficiency Acts”); and (3) Section 446 of the District of Columbia Home Rule Act, D.C. Official Code §§ 1-204.46 (2001). Pursuant to the Anti- Deficiency Acts, nothing in this Contract shall create an obligation of the Authority in anticipation of an appropriation by Congress for such purpose, and Authority legal liability for the payment of any amounts under this Contract shall not arise or obtain in advance of the lawful availability of funds for such purpose. No Authority official or employee is authorized to obligate or expend any amount under this Contract unless such amount has been appropriated by act of Congress or is otherwise lawfully available. This Contract is subject to termination by the Authority at any time if sufficient appropriations are not made available by act of Congress; provided, however, that the determination of whether sufficient appropriations are available shall be made by the Authority in its sole discretion. Any termination of this Contract pursuant to this Section shall be a Termination for Convenience by the Authority, subject to the respective terms and conditions therein.

E.22 CHANGES

(a) The Contracting Officer may, at any time, and without notice to any surety or guarantor, by a written order signed by the Contracting Officer, make changes in the work and services to be performed under the agreement and within the general scope thereof. If any such change causes an increase or decrease in the cost of performing the work and services under the agreement or in the time required for the performance thereof, an equitable adjustment shall be made and the agreement shall be modified in writing accordingly. Any claim for adjustment under this section must be made in writing to the Contracting Officer within twenty (20) days from the dated the change is ordered. If the parties fail to agree upon the adjustment to be made, the dispute shall be determined as provided in Part 9 of the General Provisions. Nothing provided in this section shall excuse the Contractor from proceeding with the execution of the work so changed.

(b) No services for which an additional compensation will be charged by the Contractor shall be furnished without express written authorization of the Contracting officer.

E.23 TERMINATION

The performance of work under the contract may be terminated by DC Water for default or for convenience in accordance with Part 6 of the District of Columbia Water and Sewer Authority General Provisions for Goods and Services Contracts, Attachment C, incorporated herein.