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Request for Quote (RFQ) Armored Car Services

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DISTRICT OF COLUMBIA

WATER AND SEWER AUTHORITY

REQUEST FOR QUOTE AND CONTRACT FOR SUPPLIES OR SERVICES

PAGE OF

1

22

INVITATION NO: WAS-11-051-AA-TS

FOR: Armored Car Services MAIL BID (ORIGINAL AND TWO COPIES TO: D.C. WATER AND SEWER AUTHORITY DEPARTMENT OF PROCUREMENT 5000 Overlook Avenue, S.W., Room 220 Washington, D.C. 20032-5397

DATE ISSUED: August 12, 2011

RFQ OPENING AT 2:00 P.M. ON: August 24, 2011

The undersigned offers and agrees, if this Bid/offer be accepted, to furnish items/services upon which prices are quoted at the price set opposite each item, delivered at designated points within the time specified. It is understood and agreed upon that, with respect to all items/services accepted by the Authority under "AWARD" below, this Bid/offer and "General Provisions for use with D.C. Water and Sewer Authority Goods and Services Contracts" dated June 1, 2000 and "Instructions to Bidders" dated 10/99, will constitute a Formal Contract.

BIDDER: Name & Title of Person Authorized to Sign Offer:

(Type or Print)

Name: Street: City, State: Zip Code: Area Code & Telephone No.: Fax No.:

SIGNATURE: DATE

(Seal)

IMPRESS CORPORATE SEAL

(Corporate Secretary)

(Seal) (Attest)

AWARD (To be completed by DCWATER)

CONTRACT NUMBER: WAS-11-

AWARD AMOUNT:* $

*If term contract, this amount is estimated.

ACCEPTED AS TO ITEM (S) AWARDED. THE FOLLOWING IS INCORPORATED BY REFERENCE:

D. C. WATER AND SEWER AUTHORITY

BY:

CONTRACTING OFFICER OR ALTERNATE _________________________, 20_______ Award Date DCWASA 8/2/00


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NOTICE TO BIDDER

This invitation is a

x

OPEN MARKET

NON-COMPETITIVE PROCUREMENT

When designated as a small business enterprise procurement, this invitation for bids is designated for small business enterprise bidders only, under the provisions of D.C. Law 217,"The Equal Opportunity for Local, Small and Disadvantaged Business Enterprises Act of 1992.” the District of Columbia Water and Sewer Authority Business Development Plan Section I, Statement of Policy for Local, Small, Business Enterprises. Small business enterprises must be certified in the following category(s) in order to be eligible to bid: _Goods and Services. CORRESPONDENCE/INFORMATION: All correspondence should be addressed to the Procurement Director, Rosalind R. Inge, District of Columbia Water and Sewer Authority (DCWATER), Department of Procurement, 5000 Overlook Avenue, S. W., Room 220, Washington, D.C. 20032

POINT OF CONTACT: All inquiries regarding this RFQ should be referred to Ms Teresa Scott, Manager, Goods & Services, telephone number: 202-787-2021.

PROTESTS: Any aggrieved party may protest the terms, conditions, or form of a proposed procurement action, it must be received by the Contracting Officer in writing not later than ten (10) calendar days prior to the date established for receiving quotes, 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 receiving of the quotes, opening of bids or receipt of proposals. 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 those that submitted a quote 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. The protest must be mailed or hand delivered to General Manager, Room 306, 5000 Overlook Avenue, S. W., Washington, D.C. 20032. The aggrieved party shall also mail a copy of the protest to the “Procurement Director, District of Columbia Water and Sewer Authority, Department of Procurement Services, 5000 Overlook Avenue, S.W., Room 220, Washington, D.C. 20032.” PREPARATION OF QUOTE: Each quoter/bidder shall submit its quote on the Request for Quote schedule and references forms provided by the Authority. Each quoter/bidder shall state in its quote without interlineations, alterations, or erasures, the unit price, hourly rates, or percentages as requested.


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Table of Contents 1. BID SPECIFICATIONS AND RELATED REQUIREMENTS 6 1.1 Statement of Work 2. SPECIAL TERMS AND CONDITIONS ......................................................................................... 13

2.1 CLAUSES APPLICABLE TO ALL OPEN MARKET SOLICITATIONS ....................................... 13 2.2 ACCEPTANCE PERIOD ............................................................................................................... 17 2.3 APPLICABILITY OF CONTRACT PROVISIONS ......................................................................... 17 2.4 TERM OF CONTRACT .................................................................................................................. 17 2.5 CONTRACT TYPE……………………………………………………………………………………12 2.6 IDENTIFICATION AND HOLD HARMLESS ..................................................................................... 2.7 DISCLOSURE OF INFORMATION ................................................................................................... 2.8 TIME OF DELIVERY ESSENTIAL ................................................................................................ 17 2.9 ASSIGNMENT OF ANTI-TRUST…………………………………………………………. 12 2.10 COMPLIANCE WITH SPECIFICATIONS 13 2.11 ORDER PLACEMENT 13 2.12 PAYMENT AND INVOICES ........................................................................................................... 18 2.13 CANCELLATION CEILING ........................................................................................................... 18 2.14 LICENSES AND PERMITS............................................................................................................ 18 2.15 C0NTRACT ADMINISTRATION .................................................................................................... 18 2.16 STANDARD FOR RESPONSIBLE CONTRACTORS .................................................................. 18 2.17 DRUG-FREE WORKPLACE (July 1990) ...................................................................................... 19 2.18 DISPUTES ..................................................................................................................................... 20 2.19 PROTESTS .................................................................................................................................... 20 2.20 APPEALS ...................................................................................................................................... 21 2.21 COMPLIANCE WITH LAWS AND REGULATIONS ..................................................................... 21 2.22 RISK OF LOSS .............................................................................................................................. 21 2.23 PRIORITY CUSTOMER ................................................................................................................. 21

2.24 INSURANCE……………………………………………………………………………………………..21 2.25 PROOF OF INSURANCE………………………………………………………………………………21 2.26 SEVERABILITY CLAUSE………………………………………………………………………………22 2.27 LABOR STANDARDS…………………………………………………………………………………22

2.28 INCORPORATED DOCUMENTS .................................................................................................. 22


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PRICING SCHEDULE

COMPANY NAME:

ADDRESS:

CONTACT PERSON:

TELEPHONE: E-MAIL:

FAX: FED ID #:

SUBMITTALS CHECKLIST: Enclosed

1. Pricing Schedule Y/N 2. Reference Y/N 3. Amendments Y/N

TERM: All quotes will be interpreted Net 30, unless otherwise specified herein. DCWATER’s minimum payment term is Net 30 days. By submitting an offer to sell in response to this solicitation, all bidders acknowledge and agree to this requirement.

NOTE: Offers of prompt payment discounts will not be considered in the evaluation process. By my signature I certify that I am acting as an agent for the above listed firm and am fully authorized to bind the firm to the terms, conditions and specifications of this solicitation, as well as any amendments thereto.

Signature: ___________________________ Printed Name: _________________________

Title: _______________________________ Date: _________________________________


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PRICING SCHEDULE

YEAR

ONE

YEAR

TWO

YEAR

THREE

ITEM

NO.

SERVICES

QUANTITY

(Estimated)

UNIT

UNIT

PRICE

AMOUNT

UNIT

PRICE

AMOUNT

UNIT

PRICE

AMOUNT

Pick and deliver DCWater receipts (checks and cash from two (2) locations. (Armored Car )

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Pick up from: 810 First Street NE, 1

stFloor,

Washington, D.C. 20002and Deliver to TD Bank901 Seventh Street, NE, Washington, DC 20032

104

Pick ups

2

Transport Coin Order – Pick up from 810 First Street, NE, First Floor and Deliver to TD Bank, 901 Seventh Street, NE, Washington, DC 20032

26

Pick ups

3

Pick up from 5000 Overlook Avenue, SW, Washington, DC and Deliver to TD Bank, 901 Seventh Street, NE, Washington, DC 200032

52

Pick up

Total Estimated Annual Cost


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PRICING SCHEDULE

YEAR

FOUR

YEAR

FIVE

ITEM

NO.

SERVICES

QUANTITY

(Estimated)

UNIT

UNIT

PRICE

AMOUNT

UNIT

PRICE

AMOUNT

Pick and deliver DCWater receipts (checks and cash from two (2) locations. (Armored Car )

1

Pick up from: 810 First Street NE, 1

stFloor,

Washington, D.C. 20002and Deliver to TD Bank901 Seventh Street, NE, Washington, DC 20032

104

Pick ups

2

Transport Coin Order – Pick up from 810 First Street, NE, First Floor and Deliver to TD Bank, 901 Seventh Street, NE, Washington, DC 20032

26

Pick ups

3

Pick up from 5000 Overlook Avenue, SW, Washington, DC and Deliver to TD Bank, 901 Seventh Street, NE, Washington, DC 200032

52

Pick up


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Total Estimated Annual Cost

1. BID SPECIFICATIONS AND RELATED REQUIREMENTS 1.1 STATEMENT OF WORK:

The selected vendor shall provide armored car transportation services to convey DC Water receipts (checks and cash) from two (2) pick-up locations to the specified destination according to the following schedule:

Location One: 810 First Street, NE, First Floor Washington, DC 20002 Pick Up: Twice Per Week – Tuesday and Friday Checks and cash (average $25,000.00) Deliver to: TD Bank 901 Seventh Street, NW Attn: LaKendra McNair Washington, DC 20001 Bi-weekly: Transport Coin Order Approximate amount $500.00 Pick-up from 810 First Street, NE, First Floor Deliver to TD Bank 901 Seventh Street, NE Return delivery to 810 First Street, NE, First Floor Same or next Business Day Location Two: 5000 Overlook Avenue, SW Washington, DC 20032 Pick-up: Each Friday Checks and cash (average $25,000.00) Deliver to: TD Bank 901 Seventh Street, NW Attn: LaKendra McNair Washington, DC 20001 Main Money Center McLean, Virginia

1.2 Business Hours and Holidays


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All pick-ups will be made during normal business hours 8:00 a.m. to 5:00 p.m. There will be no week-end or holiday pick-ups. A list of the holidays will be provided to the contractor each calendar year. The pick-up window cannot extend beyond the scheduled operating hours of the locations mentioned above.

1.3 Deposit Pick –up and Deposit Delivery Receipt Procedures

At the time of the scheduled pick-up, the armored car courier must sign and date the courier log when the pick-up is made. Deposit receipts must be signed by the armored car personnel indicating the total amount to the deposited and the date. At the time of the armored car delivery to the bank or money room, the armored car personnel must sign and retain a copy of a delivery receipt(s), time stamped, as proof of deposit (s) delivery. These receipts must be delivered to DC Water within the next delivery pickup schedule.

Each pickup location must have a list of the armored car personnel, photo identification, and original or clear copy signature for all the armored car security personnel who will be picking up and signing the log. The deposit receipt signatures will be verified each day to deposit release. No deposits will be released to an individual without this information on file at DC Water locations. It will be the responsibility of the Contractor to provide the proper standard and industry specific security controls to prevent any unethical tampering of the bags and its contents from initial pickup at DC Water to finalize cash counting procedure.

1.4 Security Deposit Bags

The Contractor must provide the deposit bags for allocations at their own expense. The deposit bags must be industry standard. A multi-bag pickup at one location will not be considered a multiple pick-up for pricing purposes. Both check and cash deposit bags at each location will be considered as one pick-up. A separate deposit bag will be used for each type of deposit – cash and checks.

1.5 Commencement of Operations and Deliverables

The contractor shall be prepared to commence services on October 3, 2011, in accordance with the Statement of Work of the RFQ and the contract. However, the Contractor shall not perform any services unless he has received a signed contract and purchase order.

2.0 Evaluation 2.1 General

The contract will be awarded to the responsible Quoter/Bidder 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


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determinative of an 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 quotes determined to be inadequate or unacceptable. DC Water will award the contract to the contractor who complies with the requirements of this solicitation.

2.2 Evaluation Criteria

The selection committee will consider all quotes based upon the Quoter/Bidder’s price and experience. The evaluation factors set forth below shall be used to evaluate each quote. A total of 110 points including preference points for local and local small businesses could be granted. Factors Maximum Points Experience 35 Price (Cost) Evaluation 65 Total 100 Preferences Local Business Enterprise 5 Local Small Business Enterprise 5 Total 10

The Quoter/Bidders will be evaluated based upon the evaluation factors specified below: 2.3 Experience – 35 points maximum

The Quoter/Bidder shall provide at least three (3) references where Quoter/Bidder has performed satisfactorily on similar contracts for a public or commercial enterprise in the last five (5) years in terms of compliance with performance schedule and all applicable Federal, State, and local laws and regulatory requirements. The Quoter/Bidder shall provide one(1) reference of a contract that was lost and specify the reason why it was lost. The information should contain the name of the company, current address, telephone number, contact name and contract dates.

2.4 Price (Cost) Evaluation – 65 points maximum

The Quoter/Bidders are to submit price for each item identified in the Request for Quotation Schedule. Offeros for service other than those specified will not be considered. The prices set forth in the schedule will be used for evaluation purposes and for establishing a contract price. The lowest price of the quotes/bids found to be responsive will be divided by the price of the quote/bid being evaluated and the resulting quotient will then be multiplied by the maximum


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points possible.

Lowest price quote/bid X 65 points maximum = (Score) Price in quote/bid of Quoter/Bidder being Evaluated 2.5 Evaluation of Multi-Year Solicitation:

(a) DC Water will evaluate the quotes for award by adding the total price for all the years together for the requirements.

(b) DC Water may reject a quote/bid as non-responsive, if it is materially unbalanced as to prices for the services for any of the years of the requirements. A quote/bid is unbalanced when it is based on prices significantly less than cost for the services for some years and prices, which are significantly overstated for the services for other years.

(c) A prospective Contractor shall be determined non-responsive, if he or she fails to bid on all five (5) years’ requirements.

2.6 LBE and LSBE Preference – 10 points maximum DC Water encourages the use of certified local business enterprises.

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REFERENCES

BIDDER’S NAME: ______________________________

1. COMPANY NAME: ________________________________________________

ADDRESS: ________________________________________________

________________________________________________

________________________________________________

CONTACT PERSON: ________________________________________________

TELEPHONE: (________) - _________ - __________________________

FAX: (________) - _________ - __________________________

E-MAIL: ________________________________________________

ADDITIONAL ________________________________________________

INFORMATION: ________________________________________________

2. COMPANY NAME: ________________________________________________

ADDRESS: ________________________________________________

________________________________________________

________________________________________________

CONTACT PERSON: ________________________________________________

TELEPHONE: (________) - _________ - __________________________

FAX: (________) - _________ - __________________________

E-MAIL: ________________________________________________

ADDITIONAL ________________________________________________

INFORMATION: ________________________________________________

3. COMPANY NAME: ________________________________________________

ADDRESS: ________________________________________________

________________________________________________

________________________________________________

CONTACT PERSON: ________________________________________________

TELEPHONE: (________) - _________ - __________________________

FAX: (________) - _________ - __________________________

E-MAIL: ________________________________________________

ADDITIONAL ________________________________________________

INFORMATION: ________________________________________________

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4. COMPANY NAME: ________________________________________________

ADDRESS: ________________________________________________

________________________________________________

________________________________________________

CONTACT PERSON: ________________________________________________

TELEPHONE: (________) - _________ - __________________________

FAX: (________) - _________ - __________________________

E-MAIL: ________________________________________________

ADDITIONAL ________________________________________________

INFORMATION: ________________________________________________

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2. SPECIAL TERMS AND CONDITIONS

2.1 CLAUSES APPLICABLE TO ALL OPEN MARKET SOLICITATIONS

Preferences for Local Business Enterprises (LBEs) and Local Small Business Enterprises (LSBEs)

1. General DCWATER is committed to the participation and utilization of certified LBEs and LSBEs in

its contracting and procurement activities. Pursuant to the Authority’s Procurement Regulations and the Business Development Plan dated June 12, 2009, preferences shall apply in the evaluating bids and proposals from local and small businesses located within the District of Columbia, Fairfax County, Loudoun County, Montgomery County and Prince George’s County.

To facilitate and encourage the participation of local and small business utilization and

participation, a preference will apply to competitive solicitations for goods, services, construction and architectural and engineering (A/E) services. In order to participate in the preference program, a business enterprise shall have current certification or registration as a LBE or LSBE. DCWATER is not a certifying agency. Companies must be certified through the following agencies in order to participate in the preference program:

a) District of Columbia’s CBE Certification Program; b) Maryland Department of Transportation (MDOT) Office of Minority Business

Enterprise (OMBE) c) Montgomery County Minority, Female and Disabled Business Enterprises Certification

Program; d) Montgomery County Local Small Business Reserve Program (LSBRP)

e) Prince George’s Registered Local, Minority Business Enterprise Program; f) Virginia Department of Transportation’s Small, Women and Minority Owned Business

Program (SWaM) 2. Preferences The preference provides for the utilization of preference points in evaluating proposals and

a preference percentage reduction in price in evaluating bids submitted by LBEs and LSBEs or Prime contractors utilizing LBEs and or LSBEs as subcontractors. For evaluation purposes, the allowable preferences for a competitive solicitation are as follows.

a). Five percent (5%) reduction in bid price or the addition of five (5) points for a certified

or registered LBE. b). Ten percent (10%) reduction in bid price or the addition of ten (10) points for a

certified or registered LSBE. Any prime bidder that is certified or registered as a LBE will receive a maximum of five

percent (5%) reduction in the bid price or $100,000, whichever is less, for a bid submitted in response to an Invitation for Bids (IFB) or the addition of a maximum of five (5) points added to the overall score for proposals submitted in response to a Request for Proposal

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(“RFP”). Any prime bidder that is certified or registered as a LSBE will receive a maximum often

percent (10%) reduction in the bid price or $100,000, whichever is less, for a bid submitted in response to an Invitation for Bids or the addition of a maximum ten (10) points added to the overall score for proposals submitted in response to a Request for Proposal (“RFP”).

The maximum eligible preference price reduction for a single bid is a total of ten percent

(10%) or $100,000, whichever is less. The maximum number of eligible preference points for a single proposal is an additional

ten (10) points. 3. Preferences for Subcontracting with LBEs and LSBEs a) If the prime bidder/proposer is not a certified LBE or LSBE, preferences will be

applied to LBE and/or LSBE based on the dollar value that is designated by the prime contractor for subcontracting with an LBE or LSBE.

b) If the prime bidder/proposer is a joint venture that is not a certified LBE or LSBE joint

venture, preferences will be applied proportionately based on the total dollar value of the bid or proposal that is designated for the certified LBE or LSBE participation in the joint venture.

c) If the prime bidder/proposer is a certified LBE, preferences will also be applied to LBE

and/or LSBE based on the dollar value that is designated by the prime contractor for subcontracting with an LBE and/or LSBE.

For example:

If a prime bidder proposer who is not an LBE or LSBE or who is a certified LBE subcontracts with an LBE or LSBE for a percentage of the work to be performed, the following formula will be used to calculate the number of preference points or percent price reduction that will be used in evaluating the bid/proposal:

Proposal Amount of LBE/LSBE subcontract divided by the total proposal amount times five (5) points for LBE (or times ten (10) points for LSBE) equal applicable preference points or:

LBE subcontract amount X 5 = Applicable points Total proposal amount $ 25,000 X 5 = 1.25 points $100,000 Bid

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Amount of LBE/LSBE subcontract divided by the total bid amount times five percent

(5%) for LBE (or times ten percent (10%) for LSBE) equal applicable preference points or:

LSBE subcontract amount X 10% = Applicable% price reduction Total bid amount $100,000 X 10% = 2.5% or $10,000 bid price reduction $400,000

c) The maximum eligible preference price reduction for a single bid is ten percent (10%) or $100,000, whichever is less, or ten (10) points for a single proposal. Any prime bidder receiving the full maximum bid price reduction or maximum point addition to its overall score will not receive any additional price reduction or points for LBE or LSBE participation on a subcontracting level.

d) When a joint venture includes a certified LBE or LSBE that owns and controls at least

fifty-one (51%) of the venture, the joint venture will receive the preferences as if it were a certified LBE or LSBE.

4. Submission Requirements for Preferences Any bidder or proposer seeking to receive preference consideration on this solicitation or

preference consideration for LBE or LSBE subcontractors must submit as a part of the bid at the time of bid opening or in the case of an RFP, include as a part of the proposal, the following documentation applicable to the preference being sought. Specifically, a copy of current LBE or LSBE certification or registration letter(s) from one of the following:

a) District of Columbia’s “CBE Certification Program” as local or local and small b) Maryland Department of Transportation (MDOT) Office of Minority Business Enterprise

(OMBE) c) Montgomery County Local Small Business Reserve Program (LSBRP) d) Montgomery County’s “Minority, Female and Disabled Business Enterprise”

Certification Program as local or local and small; e) Prince George’s County’s Registered “Local, Minority Business Enterprises” Program

as local and local and small; f) Virginia Department of Transportation’s “Small, Women and Minority Owned (SWaM) Any bidder/proposer, subcontractor or joint venture seeking certification or registration

should contact the appropriate certifying agencies/departments regarding its certification procedures, requirements and/or certification or registration status as a LBE or SBE.

5. LBE and LSBE Subcontracting

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a) When a prime contractor is a certified LBE or LSBE, the prime contractor shall

perform at least fifty percent (50%) of the contracting effort, excluding the cost of materials, goods and supplies, with its own organization and resources.

b) When the prime contractor is seeking a preference on the basis of subcontracting with

an LBE or LSBE, the prime contractor shall submit a notarized subcontracting plan containing the following information:

1) The Name and address of each LBE or LSBE for whom the prime contractor is

seeking a preference on the basis of subcontracting; 2) A description of the good or services to be provided by the LBE(s) or LSBE(s); 3) A statement of the dollar value of the subcontract; 4) The projected schedule for the LBE or LSBE commencing and completing work

on the project;

5) Assurance that the prime contractor will cooperate in any studies or surveys that may be required by the contracting officer, and submit period reports, as requested by the contracting officer, to allow DCWATER to determine compliance by the prime contractor with the subcontracting plan.

6) A copy of the certification and/or registration letter for each designated LBE or

LSBE subcontractor from the appropriative certifying agency or jurisdiction identified herein.

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2.2 ACCEPTANCE PERIOD

The Quoter/Bidder agrees, if its offer is accepted within ninety (90) days from the date specified in the RFQ for the submission of quotes, to furnish any or all items on which prices are offered at the price stated in the Schedule for each item, delivered or performed at the designated place within the time specified in t his RFQ.

2.3 APPLICABILITY OF CONTRACT PROVISIONS The term and conditions set forth in the “The District of Columbia Water and Sewer

Authority General Provisions, Goods and Services Contracts, dated June 1, 2000, shall apply to and be incorporated by reference to any contract resulting from this RFQ.

2.4 TERM OF CONTRACT

The term of the contract shall be for a period of five (5) years from the date of award as specified on page one (1) of the contract.

2.5 CONTRACT TYPE

This is a fixed price multi-year requirements contract for the services specified. The contractor shall provide all specified services in accordance with the terms and conditions of the contract award.

2.6 IDENTIFICATION AND HOLD HARMLESS

The Contractor shall indemnify and hold harmless DC Water, its General Manager and all of its directors, officers, agents, servants, employees, attorneys and agents against any and all claims or liability in connection with, arising out of, or resulting from a breach of any provision of the Agreement(including, but not limited to, any representation or certification made or delivered in connection with the Agreement), or any negligent act, error, omission, fault of the contractor, its employees, or its subcontractor in the performance of, or in connection with, any services required or performed under the contract.

2.7 DISCLOSURE OF INFORMATION

No information regarding the contractor’s performance of the contract shall be disclosed by the contractor to anyone other than the officials specified in Section 2.15 unless written approval is obtained in advance from the Contracting Officer.

2.8 TIME OF DELIVERY ESSENTIAL Time of delivery is of the essence. The contractor shall be fully prepared and capable of providing Armored Car Transportation Services on this contract on October 3, 2011.

2.9 ASSIGNMENT OF ANTI-TRUST For good cause, and as partial consideration for executing this Contract, the Contractor, acting by and through its duly authorized agent, hereby conveys, sells, assigns and transfers to the DC Water all rights, title and interests in and to all causes of action it now holds or hereafter may acquire under the anti-trust laws of the United States, the District of Columbia, or any state or territory, relating to the particular goods, materials or services purchased in connection with this contract.

2.10 COMPLIANCE WITH SPECIFICATIONS

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Quoters/Bidders are requested to be responsive to the specifications in this RFQ. Any statement by the quoter/bidder indicating variance from the specifications may result in rejection of the RFQ.

2.12 PAYMENT AND INVOICES Upon receipt of a valid invoice, DC Water will process for payment. A. The Contractor shall be responsible for obtaining a purchase order number before accepting any

order from DC Water. B. Upon receipt of a valid invoice, DC Water will process the invoice for payment. Please submit an

original and two (2) copies, to the D.C. Water and Sewer Authority, Chief Financial Office, Accounts Payable Branch, 5000 Overlook Avenue, S.W., 4th Floor, Washington, D.C. 20032-5397.

2.13 CANCELLATION CEILING In the event of cancellation of the contract because of non-appropriation for subsequent fiscal years or beyond, there shall be a cancellation ceiling of zero dollars representing reasonable preproduction and other non-recurring costs, which would be applicable to the items or services being furnished and normally amortized over the life of the contract.

2.14 LICENSES AND PERMITS The Contractor shall without additional expense to DC Water, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal and District of Columbia laws, codes, and regulations applicable to the performance of the contract.

2.15 CONTRACT ADMINISTRATION

Contracting Officer: The Contracting Officer is the only DCWATER official authorized to contractually bind the Authority. The Contracting Officer is the General Manager or his designee, District of Columbia Water and Sewer Authority, 5000 Overlook Avenue, S.W., 3

rd Floor, Washington, D.C.

20032, telephone number (202) 787-2601. 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 is Mr. Olu Adebo, Chief Financial Officer, Office of the Chief Finance Officer, D.C. Water and Sewer Authority, 5000 Overlook Avenue, S.W., Washington, D.C. 20032, telephone number (202) 787-2167, or his designee. Contracting Officer Technical Representative: The Technical Representative is the technical expert for the contract and acts as a liaison between the contractor and the Contracting Officer. The technical representative is Robert Hunt, Treasury Manager, Office of the Chief Finance Officer, D. C. Water and Sewer Authority, 5000 Overlook Avenue, S.W., Washington, D.C. 20032, telephone number: (202) 787-2167 .

2.16 STANDARD FOR RESPONSIBLE CONTRACTORS The prospective contractor must demonstrate to the satisfaction of DC Water the capability in all respects to perform fully the contract requirements; therefore, the prospective contractor will be required to submit the documentation requested in the General Responsibility Criteria listed below within five (5) working days of the actual request:

General Responsibility Criteria:

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A. Furnish evidence of adequate financial resources, credit, or the ability to obtain such resources required for performance of the contract;

B. Furnish evidence of ability to comply with the required or proposed delivery or performance

schedule, taking into consideration all existing commercial and governmental business commitments;

C. Furnish evidence of the necessary organization experience, accounting and operational controls,

and technical skills, or the ability to obtain them; D. Furnish evidence of compliance with the applicable District licensing, tax laws, and regulations; E. Furnish listing of similar contracts the firm provided NOx Credits for Air Permits within the last

three (3) years, F. Other information as may be requested by DC Water prior to award to make a determination as to the prospective contractor’s responsibility.

2.17 DRUG-FREE WORKPLACE (July 1990)

A. Definitions. As used in this clause:

- “Controlled substance” means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (921 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 – 1308.15. - “Conviction” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.

- “Criminal drug statute” means a Federal or non-Federal criminal statute

- involving the manufacture, distribution, dispensing, possession or use of any controlled substance. - “Drug-free work-place” means the site(s) for the performance of work done by the Contractor in connection with a specific contract at which employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. - “Employee” means an employee of a Contractor directly engaged in the performance of work under a Government contract. “Directly engaged” is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance. - “Individual” means an offeror/contractor that has no more than one employee including the offeror/contractor.

B. The Contractor, if other than an individual, shall within 30 calendar days after award (unless a longer period is agreed to in writing for contracts of 30 calendar days or more performance duration); or as soon as possible for contracts of less than 30 calendar days performance duration:

1. Publish a statement notifying its employees that the unlawful manufacture, distribution,

dispensing, possession, or use of a controlled substance is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;

2. Establish an ongoing drug-free awareness program to inform such employees about:

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(i) The dangers of drug abuse in the workplace; (ii) The Contractor’s policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs;

and (iv) The penalties that may be imposed upon employees for drug abuse violations

occurring in the workplace.

3. Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph B.1 of this clause;

4. Notify such employees in writing in the statement required by subparagraph B.1 of this

clause that as a condition of continued employment on this contract, the employee will:

(i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee’s conviction under a criminal drug

statute for violation occurring in the work-place no later than 5 calendar days after such conviction.

5. Notify the Contracting Officer in writing within 10 calendar days after receiving notice under

subdivision B.4 (ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee.

6. Within 30 calendar days after receiving notice under subdivision B.4. (ii) of this clause of a

conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:

(i) Taking appropriate personnel action against such employee, up to and including

termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or

rehabilitation program approved for such purposes by the Federal, State or local health, law enforcement, or other appropriate agency.

7. Make a good faith effort to maintain a drug-free workplace through Implementation of

subparagraphs B.1 through B.6 of this clause.

C. The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of the controlled substance in the performance of this contract.

D. In addition to other remedies available to the Government, the Contractors failure to comply

with the requirements of paragraphs B. or C. of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract for default, and suspension or debarment.

.

2.18 DISPUTES Contract Dispute Resolution: DCWATER 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 DCWATER.

2.19 PROTESTS 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. 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

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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. 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. The decision of the Contracting Officer shall be final and conclusive. No further administrative remedies will be available to the protester. The aggrieved party shall deliver the protest to the General Manager at:

DC Water 5000 Overlook Avenue, SW Third Floor Washington, D.C. 20032.

A copy of the protest shall be delivered to the Procurement Director, Senior Contract Administrator or the Contract Specialist. It shall be delivered to:

DC Water 5000 Overlook Avenue, SW Second Floor Washington, D.C. 20032

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

2.21 COMPLIANCE WITH LAWS AND REGULATIONS All services procured by this contract shall be conducted in accordance with Federal and District Laws,

Codes and Regulations and the specifications of this Contract. 2.22 RISK OF LOSS

The Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the contract, or in connection in any way whatsoever with the contracted work.

2.23 PRIORITY CUSTOMER By submitting a Quote/Bid in response to this Quoter/Bidder understands and acknowledges that

DCWATER provides services that are essential to the health and welfare of the public. Failure of a Contractor to provide items under any Contract issued pursuant to this RFQ may jeopardize DCWATER ability to provide timely services, which may affect the health and welfare of the public served by DCWATER. Quoter/Bidder agrees and affirms that DCWATER will be given the earliest possible notice and the highest priority for allocation of item(s) listed herein.

2.24 INSURANCE All insurance provided by the Contractor shall be in accordance with the General Contract Provisions

for use with District of Columbia June 01, 2000, pages 22, 23, 24. 2.25 PROOF OF INSURANCE All insurance shall be purchased from a company or companies authorized to do business in the

District of Columbia. The Contractor shall furnish the Procurement Office with a Certificate of Insurance indicating that the Contractor has in force the required insurance coverages.

The Certificate of Insurance shall include the required “additional insured” wording, (30) day notice of

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cancellation clause, as well as the “primary insurance” wording. This proof of insurance is to be provided prior to the commencement of any work.

2.26 SEVERABILITY CLAUSE In the event that any provision of this RFQ or any contract executed in accordance herewith shall be

held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision.

2.27 LABOR STANDARDS This contract is subject to the Service Contract Act of 1965, as amended. This contract shall be bound

by the Wage Determination No.:2005-2104 (Rev.13) dated June 13, 2011. This wage determination is included as an Attachment to this RFQ.

2.28 INCORPORATED DOCUMENTS All reference to the District, District of Columbia or District Government should be understood to mean the District of Columbia Water and Sewer Authority. The following attached documents are hereby incorporated by reference and made part of this Request for Quote and any resultant contract. A. Representations, Certifications, Acknowledgments, and Affidavits; B. District of Columbia Water and Sewer Authority General Provisions Goods and Services

Contracts, dated June 1, 2000.; C. E.E.O. Information Package.

D. First Source Agreement

E. U.S. Department of Labor Wage Determination No. 2005-2104 (Rev.13) dated June 13, 2011.

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