20356221Q00001 Solicitation Package.pdf

May 10, 2021

SUBJECT: UNITED STATES (US) CHEMICAL SAFETY AND HAZARD INVESTIGATION

BOARD (CSB) METALLURGICAL CONSULTING AND SUPPORT SERVICES

Dear Offeror, The Bureau of Fiscal Service, on behalf of the United States (U.S) Chemical Safety and Hazard Investigation Board (CSB) is seeking Metallurgical Consulting and Support Services to provide nondestructive and destructive metallurgical testing and analysis of damaged equipment, determination of the likely cause of the equipment damage and/or failure, and metallurgical consulting services for the Government on-scene at chemical incident sites within the United States as described in the following solicitation: 20356221Q00001 Metallurgical Support.

This contract (s) will be awarded for one (1) twelve-month Base Period and up to two (2) twelve-month option periods, which will be exercised at the discretion of the Government. The Performance Work Statement (PWS) describes the required tasks for this solicitation.

This is a 100% unrestricted solicitation utilizing NAICS code 541380.

The Government anticipates that multiple Time and Material Contracts will be awarded as a result of this solicitation. As urgent needs arise, the Government will contact vendors, on a rotational basis, allowing first right of refusal within 24 hours of notice. If a vendor does not accept the request within 24 hours, the Government reserves the right to request other awardees to complete the work.

INSTRUCTIONS TO APPLICANTS

Interested offeror shall email questions to purchasing@fiscal.treasury.gov with the subject line “Questions for 20356221Q00001 Metallurgical Support, Attn: Poore/Holbert” by Thursday May 12, 2021 no later than

1000 EST.

Proposals are due by Thursday, May 26, 2021, no later than 1000 AM EST and must follow all instructions contained within the Clause Package.

Email your complete proposals to purchasing@fiscal.treasury.gov, with the subject line “Proposal for 20356221Q00001 Metallurgical Support, Attn: Poore/Holbert.”

Only complete proposals, submitted to the e-mail address above, by the established due date, will be considered. Any packages submitted after the established closing date and time will not be guaranteed consideration.

Thank you for your interest in this solicitation. We look forward to reviewing your proposal.

David L. Holbert, Contracting Officer

20356221Q00001

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any _____ [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (OCT 2018)

1052.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018) (DEVIATION 2017- 00001)

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY

(APR 2015)

(a) The COR(s) are named on the award form. Should a change to the COR(s) be necessary in the future, they will be named on the modification SF-30.

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

1052.204-70 INSIDER THREAT AWARENESS TRAINING (JULY 2016)

(a) Definition. “Classified information,” as used in this clause, is defined in FAR 2.101(b).

(b) The Government has determined that access to classified information is necessary in performance of this contract.

(c) Contractor personnel, including subcontractor personnel, determined to require access to classified information in performance of this contract shall successfully complete Insider Threat Awareness training initially and annually thereafter.

(1) Failure of a contractor employee to successfully complete the training in paragraph (c) of this clause will result in their access to classified information being revoked until such time the training is successfully completed. The Government reserves the right to take additional action deemed necessary to protect its interests.

(d) The Government may provide Contractor personnel access to a system for purposes of completing this training electronically.

(e) The Contractor shall ensure all Contractor personnel, including subcontractor personnel comply with the requirements of this clause.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where subcontractor personnel will have access to classified information.

1052.210-70 CONTRACTOR PUBLICITY (APR 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered during the evaluation of past performance.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration of each contract period; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 Months.

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

LAPSE FUNDING

In the event of a lapse funding resulting in a government shutdown, the status of Fiscal Year funding and any necessary action required of the Contractor will be made available at the following website:

https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/ . It is the Contractor's responsibility to monitor this website for information regarding Fiscal Year funding.

1052.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (April 2018) (DEVIATION 00002)

(a) Definition. As used in this clause-

"Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies-

(1) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation;

(2) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Except as stated in paragraph (c) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such language, provision, or clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such language, provision, or clause is deemed to be stricken from the CSA.

(c) Paragraph (b) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting

Officer’s written authorization with each payment request.

PAYMENT AND INVOICE QUESTIONS (IPP)

For payment and invoice questions, go to https://arc.fiscal.treasury.gov/ipp/fsippqrg.htm or contact Accounts Payable at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

MARKING OF SHIPMENTS

The Contractor shall ensure the contract number is clearly visible on all shipping/service documents, containers, and invoices.

PERFORMANCE EVALUATION

This award is subject to a performance evaluation via the Contractor Performance Assessment Reporting System (CPARS) at www.cpars.gov. Following the end of each 12 month performance period and at completion, a completed Government evaluation shall be forwarded to the Contractor. The Contractor may submit written comments, if any, within the time period specified in the evaluation transmittal. The Contractor’s comments shall be considered in the issuance of the final evaluation document. Any disagreement between the parties regarding the evaluation shall be forwarded to the Contracting Officer. The final evaluation of the Contractor’s performance is the decision of the Contracting Office. The final performance evaluation will be available to the Contractor through the Government’s past performance database at https://www.cpars.gov/.

1052.242-70 POSTAWARD CONFERENCE (JAN 2017)

(a) A postaward conference will be held with the successful offeror.

(b) The postaward conference will be held in person. The Contracting Officer or authorized designee will provide the Contractor with the date, time and location as well as agenda for the postaward conference.

Alternate I (JAN 2017) If the Contractor is not required to attend the postaward conference in person, but will attend via an alternate method (e.g. telephone and video conferencing), substitute paragraph (b) with the following:

(b) The postaward conference will be held via teleconference. The Contracting Officer or authorized designee will provide the Contractor with the date and time along with other pertinent information, including the agenda for the postaward conference.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2021) (DEVIATION APR 2020) [(DEVIATION

00001 JUL 2020)]

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19 Prohibition on requiring certain internal confidentiality agreements or statements. (Jan 2017) (Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91)

(3) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub.

L. 115-232).

(4) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3 Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-6 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13 Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.

3509)).

(3) 52.203-15 Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204-14 Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

(9) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved] (11)(i) 52.219-3 (i) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (MAR

2020) (15 U.S.C. 657a).

(ii) Alternate I (MAR 2020) of 52.219-3 (12)(i) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Mar 2020) of 52.219-4.

(13) [Reserved] (14)(i) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-6.

(15)(i) 52.219-7 Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

(16) 52.219-8 Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9 Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4))

(DEVIATION 2018-00002).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (JUN 2020) of 52.219-9.

(v) Alternate IV (JUN 2020) (DEVIATION 2018-00002) of 52.219-9.

(18)(i) 52.219-13 Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13

(19) 52.219-14 Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

(20) 52.219-16 Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(21) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657 f).

(22)(i) 52.219-28 Post Award Small Business Program Representation (NOV 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28

(23) 52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Mar 2020) (15 U.S.C. 637(m)).

(24) 52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

(25) 52.219-32 Orders Issues Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(26) 52.219-33 Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637 (a)(17)).

(27) 52.222-3 Convict Labor (June 2003) (E.O. 11755).

(28) 52.222-19 Child Labor—Cooperation with Authorities and Remedies [(Deviation

00001) JUL 2020)] (JAN 2020) (E.O. 13126).

(29) 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

(30)(i) 52.222-26 Equal Opportunity (Sept 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26 (31)(i) 52.222-35 Equal Opportunity for Veterans (JUN 2020)(38 U.S.C. 4212).

(ii) Alternate I (JULY 2014) of 52.222-35.

(32)(i) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)(29 U.S.C.

793).

(ii) Alternate I (JULY 2014) of 52.222-36.

(33) 52.222-37 Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(34) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

(35)(i) 52.222-50 Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(36) 52.222-54 Employment Eligibility Verification (OCT 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(37)(i) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(38) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(39) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(40)(i) 52.223-13 Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I Alternate I (Oct 2015) of 52.223-13.

(41)(i) 52.223-14 Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(42) 52.223-15 Energy Efficiency in Energy-Consuming Products (MAY 2020) (42

U.S.C. 8259b).

(43)(i) 52.223-16 Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

(44) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

(45) 52.223-20 Aerosoles (JUN 2016) (E.O. 13693).

(46) 52.223-21 Foams (JUN 2016) (E.O. 13693).

(47)(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(48) 52.225-1 Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

(49)(i) 52.225-3 Buy American—Free Trade Agreements—Israeli Trade Act [(Deviation

00001)(JUL 2020)] (JAN 2021) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, (19 U.S.C. chapter 29 (sections 4501-4732,)Pub. L. 103-182, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112- 43212-3.

(ii) Alternate II Alternate II [(Deviation 00001)(JUL 2020)] (JAN 2021) of 52.225-3.

(iii) Alternate III Alternate III (JAN 2021) of 52.225-3.

(50) 52.225-5 Trade Agreements [(Deviation 00001)(JUL 2020)] (OCT 2019) (19

U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(51) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(53) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

(54) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(55) 52.229-12 Tax on Certain Foreign Procurements (Jun 2020)

(56) 52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30 Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(58) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management

(Oct 2018) (31 U.S.C. 3332).

(59) 52.232-34 Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

(60) 52.232-36 Payment by Third Party (May 2014) (31 U.S.C. 3332).

(61) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(DEC 2013)(DEVIATION APR 2020)(31 U.S.C. 3903 and 10 U.S.C.

2307).

(62) 52.239-1 Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(63) 52.242-5 Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

(64)(i) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (FEB 2006) of 52.247-64.

(c)The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-41 Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(2) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

(3) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards— Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

(6) 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C.

chapter 67).

(7) 52.222-55 Minimum Wages Under Executive Order 13658 (NOV 2020).

(8) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(9) 52.226-6 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations

(JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records— Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212)

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O

13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.

chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS

PERFORMANCE WORK STATEMENT

METALLURGICAL SUPPORT SERVICES

I. OVERVIEW

This is a non-personal services agreement to provide metallurgical consulting and support services. The Government will not exercise any supervision or control over the contract support personnel performing the services herein. Such contract support personnel shall be accountable solely to the Contractor who, in-turn is responsible to the Government as defined in this performance work statement (PWS). The Contractor shall perform to the standards herein.

II. BACKGROUND

The U.S. Chemical Safety and Hazard Investigation Board (CSB) is an independent federal agency charged with investigating and determining the cause or probable cause of industrial chemical incidents resulting from the accidental release of a regulated or extremely hazardous substance into the ambient air. The mission of the CSB is to drive chemical safety change through independent investigations to protect people and the environment. The Agency was created by the Clean Air Act Amendments of 1990, and the CSB was first funded and commenced operations in 1998. The CSB’s core mission activities include conducting incident investigations; formulating preventive or mitigative recommendations based on investigation findings and advocating for their implementation; issuing reports containing the findings, conclusions, and recommendations arising from incident investigations; and conducting studies on chemical hazards.

III. SCOPE OF WORK

The Contractor shall provide but is not limited to, nondestructive and destructive metallurgical testing and analysis of damaged equipment, determination of the likely cause of the equipment damage and/or failure, and metallurgical consulting services for the Government on-scene at chemical incident sites within the United States.

The Contractor shall be able to arrive on-scene within three (3) calendar days from the date of official notification and be prepared to perform one or more of the tasks as listed in Section IV below. In addition, the Contractor may be required to wear a respirator within the facility. The Contractor shall have available metallurgical testing capabilities and calibrated equipment and shall be able to accommodate large groups (up to 20 individuals) for witnessed laboratory analysis where necessary.

IV. TASKS

The Contractor shall perform one or a combination of the following tasks:

1. Provide field examination consulting services of appropriate equipment components that may have failed and resulted in a catastrophic incident. Services related to this task include:

a. Travel to the location of the incident.

b. Conduct a preliminary examination of the site to identify/document possible failure modes and equipment of interest for preservation and testing.

c. Review evidence provided by the CSB to further understand possible failure modes.

d. Provide recommendations to the CSB on further documentation or evidence needed to aid in the diagnosis of probable failure modes.

e. Based on the evaluation of the site, provide recommendations (prioritized) on equipment to test as well as what type of testing to perform.

f. Advise the CSB on any preservation techniques to protect evidence prior to and during its removal from the site.

g. Participate in video/phone conferences with the CSB investigation team as needed.

h. Review and provide expert analysis of CSB written products as requested.

2. Work with the CSB investigation team and other stakeholders including, but not limited to, commercial companies, Federal agencies, state and local agencies, etc., to assist in developing protocols for metallurgical-related activities, including but not limited to:

a. Removal of key equipment from the incident site

b. The preservation of key equipment

c. Transport of key equipment from the incident site to the metallurgical laboratory

d. Non-destructive and destructive evaluation and testing of equipment

3. Assist in conducting laboratory testing services, including but not limited to:

a. Non-Destructive and Chemical Analysis

i. Visual Examination using equipment such as optical microscopes, examination benches, high magnification photo and video

ii. Cleaning of specimens using methods including ultrasonic bath, compressed air, organic solvents (ethanol, acetone, etc.)

iii. Fractography

iv. Hardness Testing

v. Chemical Composition Analysis including Fourier Transform Infrared Spectroscopy (FT-

IR), Energy Dispersive X-Ray Spectroscopy (EDS), X-Ray Fluorescence (XRF), Gas Chromatography (GC)

vi. Scanning Electron Microscopy (SEM)

vii. Positive Material Identification (PMI)

b. Destructive Analysis

i. Tension Testing

ii. Microhardness testing

iii. Impact testing

iv. Heat Treatment Testing

v. Metallography

4. The Contractor shall participate in analysis at a third-party testing facility. Provide metallurgical consultation services to the CSB investigation team for metallurgical testing which is being completed by a different party. Related support includes, but is not limited to:

a. Participating in meetings in support of the CSB investigation team

b. Traveling to testing facility and participating in metallurgical testing in support of the CSB investigation team

c. Providing recommendations to the CSB investigation team regarding critical information to obtain during the testing

d. Providing additional consulting support through phone or video conferences as determined by the

COR.

V. MINIMUM QUALIFICATIONS

The Contractor shall have the necessary skill and personnel to conduct the scope as described in Sections III and IV of this PWS. If required, on-site Contractor employees shall be required to speak, read and write English. Contract personnel providing support shall have, at a minimum, the following experience and credentials. Resumes shall be provided for personnel if one is not already on file.

a. A degree in Metallurgical Engineering, Materials Science and Engineering, or a related field

b. At least 10 years of experience in metallurgical failure analysis associated with failure mechanisms for a wide variety of industries, including, but not limited to, chemical and petrochemical industries

c. Possession or acquiring of any training or certifications needed to enter chemical facilities, when necessary

d. The training and equipment necessary should they be required to wear a respirator within the facility.

VI. DELIVERABLES

At a minimum the Contractor shall provide:

1. Reports

a. Task #1: The Contractor shall prepare a report based on the findings related to the information available at the time. The Contractor shall provide a summary of any expected damage mechanisms or expected cause of failure. The Contractor shall also provide its recommendation of equipment to test in a prioritized list that shall include recommended tests to the same equipment.

b. Task #3 and #4: The Contractor shall prepare a final report based on the full findings related to the examination. The final report will consist of two sections: 1) factual information developed as a result of its examination of the component(s) and the methodology used in performing the examination and 2) the analysis of the failure mechanism(s). The Contractor shall provide its professional opinion as to the cause of the failures, as well as the cause of any abnormalities within the samples provided. The report shall contain a description of the specific test methodologies used to obtain the results, and evidence of the accuracy of the test methodologies (e.g., equipment calibration results), along with a written description of the results of the examination and the technical conclusions that can be drawn from that examination. The Contractor shall provide an analysis of the failure mechanism(s) and the damage mechanism(s), if such a determination can be made. Each image shall be described such that the reader can ascertain the presence and extent of damage mechanisms discovered. Contractor is to provide photographic evidence as well as a narrative for each sample examined.

VII. Progress Meetings

The Contractor agrees to attend progress meetings. The Contracting Officer (CO) or Contracting Officer’s Representative (COR), and other Government stakeholders, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the CO will apprise the Contractor of how the Government views the Contractor's performance, and the Contractor will apprise the Government of problems encountered, if any. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

VIII. Progress Reports

At the request of the COR, the Contractor shall provide progress reports. At the COR’s discretion, these reports may be submitted orally or in writing. If written, each report shall include the following information to the extent to which it is applicable for the reporting period:

a. Summary of task assignments finished, and deliverables completed and delivered, during the reporting period;

b. Summary of labor hours expended and hourly fees billed, for the reporting period and cumulatively; and

c. Itemized summary of any non-labor costs billed to CSB for the reporting period and cumulatively.

In addition to progress reports, the Contractor shall promptly report to the COR any noteworthy accomplishments, significant problems, and/or other matters requiring immediate attention. The COR may ask the Contractor for informal ad-hoc progress updates at any time.

IX. CONTRACT TYPE

The CSB anticipates awarding a Time and Material Contract for all services.

X. FEDERAL HOLIDAYS (to be observed during execution):

The contractor is not required to perform services on Federal holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

In some instances, work may be required on a Federal holiday and will be directed by the COR, if required.

XI. PERIOD OF PERFORMANCE

The period of performance for this contract shall include a 12-month base period from the date of award and two 12-month option periods.

XII. PLACE OF PERFORMANCE AND HOURS OF OPERATION

The work to be performed under this contract shall be performed at the Contractor’s location, the incident site, or other sites identified by the Government. Meetings may also be held at CSB Headquarters. CSB is located at 1750 Pennsylvania Ave, NW, Suite 910, Washington, DC 20006.

Working hours will typically be between 8 a.m. and 5 p.m. Monday through Friday. Depending on the incident, work may be required at night and on weekends.

XIII. TRAVEL

Travel shall be required as a result of this agreement. The locations will be determined based on the chemical incident. All travel shall be approved by the COR prior to any travel occurring. Travel is reimbursable and shall be paid within the per diem set within the Federal Travel Regulation (FTR) located at:

https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr/d25e240#d25e243.

XIV. QUALITY ASSURANCE SURVEILLANCE PLAN

Task Area Performance Standard

Acceptable Quality Level

(AQL)

Method of

Surveillance Incentive/Disincentive

Reports

Contractor shall provide accurate and complete reports delivered to the COR on the agreed-upon delivery date.

Accurate and complete based on task.

100% Inspection by

COR.

Incentive: Consistently meets/exceeds AQL, favorable comments may be documented on Past Performance Disincentive: If Contractor does not consistently meet AQL, unfavorable comments may be documented on past performance.

XV. PAYMENT

The Contractor shall invoice the Government monthly in arrears. Payment of invoices will be authorized upon the determination by the COR that the deliverables covered by the invoice have been received and meet the requirements set forth in the performance work statement. All payments will be made using electronic transfer through the Invoice Processing Platform (www.ipp.gov). Contractor must be registered in the System for Award Management (SAM) database (www.sam.gov) to receive payment.

XVI. CONTRACTING OFFICER AUTHORITY

In no event shall any understanding or agreement between the Contractor and any Government employee other than the appointed Contracting Officer on any contract modifications, change orders, letter or verbal direction (other than direction within the scope of the COR's authority) to the Contractor be effective or binding upon the Government. All such actions must be formalized by the proper contract modification executed by the appointed Contracting Officer. The Contractor is hereby put on notice in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation.

XVII. CONFIDENTIALITY

Prior to commencing performance, the Contractor and assigned support personnel will be required to complete a confidentiality agreement with the Government.

XVIII. ADDITIONAL TERMS

Performance under this agreement is subject to the following additional terms, which are hereby incorporated into the agreement. For purposes of this entire section (1-7), the term “contractor” applies to any person who provides services for the CSB under this Contract.

1. Public Release of Information

Contractor shall submit any proposed public release of information pertaining to its work for the CSB to the General Counsel or, in the absence of a General Counsel, an equivalent-level attorney of the CSB for approval prior to release. Contractor shall release no such information without prior written approval from the CSB General Counsel or, in the absence of a General Counsel, an equivalent-level attorney.

2. Personnel Security Requirement

Contractor, and Contractor personnel assigned to perform work for the CSB, shall execute a non-disclosure agreement as a condition for granting Contractor, and its personnel, access or potential access to confidential information.

3. Contractor Testimony

Contractor shall immediately report to the General Counsel of the CSB or, in the absence of a General Counsel, an equivalent-level attorney any and all requests for the testimony of Contractor and/or its personnel, and any intention to testify as a witness relating to: (a) any work required by and/or performed for the CSB; (b) any information or data produced by Contractor in the course of its work for the CSB; or (c) any information provided by any individual or entity to assist Contractor in performing work for the CSB. All requests for testimony of Contractor and/or its personnel that fall within the scope of 40 C.F.R. Part 1611 shall be handled in accordance with the provisions of that regulation.

4. Organizational Conflicts of Interest

a. Contractor, its personnel, and any other person or entity performing work for

Contractor on behalf of the CSB, shall execute a certification of non-conflict of interest. Such executed certification constitutes the signatory's acknowledgement that he/she has read and understands the requirements of this clause and agrees to abide by its terms.

b. Contractor and its personnel performing work for the CSB under this agreement should not be placed in a conflicting role because of current or planned interests (whether legal, financial, contractual, organizational, or otherwise), which relate to the work performance under this agreement, nor should Contractor obtain an unfair competitive advantage over other parties by virtue of its performance under this agreement.

c. Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or in the alternative, warrants that it has fully disclosed all such relevant information. Additionally, during the term of this agreement, Contractor agrees to forego entering into any other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this agreement. Contractor shall ensure that all agents, employees, and subcontractors retained for any purpose under this agreement abide by the provisions of this entire clause. If Contractor has reason to believe, with respect to itself or any of its agents, employees, or subcontractors, that any proposed contractual arrangement with any firm or organization may involve a potential conflict of interest, Contractor shall obtain the written approval of the Contracting Officer and the General Counsel or, in the absence of a General Counsel, an equivalent-level attorney of the CSB before the execution of such contractual arrangement.

d. Contractor further agrees that if, after it commences work for the CSB, it discovers organizational conflicts of interest with respect to this agreement, and it shall make an immediate and full disclosure in writing to the Contracting Officer and the General Counsel or, in the absence of a General Counsel, an equivalent-level attorney of the CSB. It is agreed that this disclosure will include a description of the action that Contractor has taken or proposes to take to avoid or mitigate the conflicts. Contractor shall continue performance until notified by the Contracting Officer of any contrary and/or supplemental action to be taken.

e. It is the specific responsibility of Contractor to ensure that any and all subcontractors, and any subcontractors' employees, are free from conflicts of interest.