REVISED_75D301-19-R-67907.pdf

COMBINED SYNPOSIS AND SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued.

The solicitation number is 75D301-19-R-67907.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisiiton Circular

2019-02.

This solicitation is a Request for Proposal (RFP). The associated North American Industrial Classification System (NAICS) code for this procurement is 325120 - Industrial Gases Manufacturing with a Standard Size of 1,000 employees.

THIS IS A TOTAL SMALL BUSINESS SET-ASIDE.

This is a RFP for the establishment of a Blanket Purchase Agreement (BPA) for the delivery of argon liquid gas and dry ice to the Center for Disease Control and Prevention (CDC), National Center for Environmental Health (NCEH), Division of

Laboratory Services (DLS) located at 4770 Buford Hwy NE, ATlanta, GA 30341. The period of performance for the BPA is five years.

The Government intends to award a hybrid Firm Fixed-Price and Firm-Fixed-Price with Economic Price Adjustment BPA as a result of this solicitation that will include the terms and conditions that are set forth herein.

Page i

TABLE OF CONTENTS

Section Document/Clause/Provision Page No.

A Combined Synopsis / Solicitation 1

B Section B 2

C Contract Clauses 5

D Contract Documents, Exhibits or Attachments 19

E Solicitation Provisions 25

Solicitation No. 75D301-19-R-67907

SECTION B

SUMMARY BLANKET PURCHASE AGREEMENT CHART

ITEM SUPPLIES/SERVICES MINIMUM VALUE MAXIMUM VALUE

Blanket Purchase Agreement for Liquid Argon Delivery and Dry

Ice Delivery

Total Period of Performance:

July 15, 2019 – July 14, 2024

There are no funds associated with the BPA award.

0001 Liquid Argon Delivery $0.00 $600,000.00 EST.

0002 Dry Ice Delivery $0.00 $200,000.00 EST.

BLANKET PURCHASE AGREEMENT PRICING BY ORDERING PERIOD CHART

CLIN SUPPLIES/SERVICES QTY/UNIT UNIT PRICE UNIT EXTENDED

PRICE

0001 -

Liquid Argon Delivery

Firm Fixed Price with Economic Price

Adjustment CLIN

Severable Services

Period of Performance:

7/15/2019 – 7/14/2020

Est.

27,000

Gallons

0002 -

Dry Ice Delivery

Firm Fixed Price CLIN

7/15/2019 – 7/14/2020

Est.

78,000

Pounds

(Lbs.)

0001 -

7/15/2020 – 7/14/2021

Est.

7/15/2020 – 7/14/2021

Est.

78,000

Est.

7/15/2021 – 7/14/2022

Gallons

0002 -

7/15/2021 – 7/14/2022

Est.

78,000

7/15/2022 – 7/14/2023

Est.

7/15/2022 – 7/14/2023

Est.

78,000

7/15/2023 – 7/14/2024

Est.

7/15/2023 – 7/14/2024

Est.

78,000

B.1 Description of Agreement

(a) The Government intends to award a single Blanket Purchase Agreement (BPA) for Liquid Argon and Dry Ice

Delivery. The supplier shall furnish liquid argon and dry ice as described in the Statement of Work during the BPA period of performance within the total funding obligated and in accordance with the ordering procedures as specified in C.13 – Ordering Procedures.

(b) This BPA is effective for a period of performance of five (5) years.

(c) This document does not obligate any funds. The Government is obligated only to the extent of authorized purchases actually made under the BPA. The dollar limitation of each individual purchase under this BPA is determined by the total obligated amount.

(d) A list of individuals authorized to purchase under the BPA, identified either by title of position or by name of individual, and the dollar limitation per purchase for each position title or individual, shall be furnished to the supplier by the contracting officer.

(e) All task orders shall be awarded as a hybrid of Firm-Fixed Price and Firm-Fixed-Price with Economic Price

Adjustment based on the Contract Line Item Number (CLIN) requirements. The CLIN quantity and extended price will reflect a ceiling, Not-to-Exceed, total task order amount. Pricing under this BPA for CLINs 0001-01, 0001-02, 0001-03, 0001-04, and 0001-05 will be adjusted by a contract modification in accordance with FAR 52.216-2

Economic Price Adjustment - Standard Supplies.

(f) All deliveries under the agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

(i) Name of supplier.

(ii) BPA number and task order number.

(iii) Date of purchase.

(iv) Purchase number.

(v) Itemized list of supplies or services furnished.

(vi) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(vii) Date of delivery or shipment.

SECTION C – CONTRACT CLAUSES

C.1 FAR 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/these address(es):

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.htm http://www.hhs.gov/policies/hhsar/subpart301-1.html

(End of Clause)

FAR SOURCE TITLE AND DATE

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

52.212-4 Contract Terms and Conditions- Commercial Items (Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Contractors (Dec 2013)

52.233-3 Protest after Award (Aug 1996)

HHSAR SOURCE TITLE AND DATE

352.203-70 Anti-Lobbying (Dec 2015)

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)

C.2 FAR 52.212-5- Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items (May 2019)

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

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19

U.S.C. 3805 note)).

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.htm

(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:

[Contracting Officer check as appropriate.]

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (Oct 2015) (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).

_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

_X__ (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).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (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, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) 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 (Aug 2018) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (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 (Nov 2011) (15

U.S.C. 657f).

_X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

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

Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

_X__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_X__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

_X__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(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).

_X__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)

___ (35) (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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

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

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and

13514).

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

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (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.

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 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-

43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (49) 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).

___ (50) 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).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X__ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018)

(31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management

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

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (60) (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:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

___ (4) 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).

___ (5) 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).

___ (6) 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).

___ (7) 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).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (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 (Jan 2019) (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).

(iv) 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.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (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 (Jan 2019) (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 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 (Dec 2015).

(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. (May 2014) (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.

C.3 FAR 52.216-2 Economic Price Adjustment -- Standard Supplies (Jan 1997)

(a) The Contractor warrants that the unit price stated in the Schedule for liquid argon (CLINs 0001-01, 0001-02, 0001-03, 0001-04, 0001-05) and dry ice (CLINs 0002-01, 00002-02, 0002-03, 0002-04, 0002-05) are not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term “unit price” excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that --

(1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor?

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective --

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the

Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting

Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the

Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

C.4 HHSAR 352.203-70 Anti-Lobbying (December 2015)

Pursuant to the current HHS annual appropriations act, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for (i) publicity or propaganda purposes; (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself; or (iii) payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature.

(End of clause)

C.5 CDCA_G001 – Invoice Submission (Jul 2017)

(a) The Contractor shall submit the original contract invoice/voucher to the address shown below:

The Centers for Disease Control and Prevention

Office of Financial Resources (OFR)

P.O. Box 15580

Atlanta, GA 30333

Or – The Contractor may submit the original invoice via facsimile or email:

Fax: 404-638-5324

Email: FMOAPINV@CDC.GOV

NOTE: Submit to only one (1) of the above locations.

(b) The contractor shall submit 2 copies of the invoice to the cognizant contracting office previously identified in this contract. These invoice copies shall be addressed to the attention of the Contracting Officer.

(c) The Contractor is , is not required to submit a copy of each invoice directly to the Contracting Officer’s

Representative (COR) concurrently with submission to the Contracting Officer.

(d) In accordance with 5 CFR part 1315 (Prompt Payment), CDC's Office of Financial Resources is the designated billing office for the purpose of determining the payment due date under FAR 32.904.

(e) The Contractor shall include (as a minimum) the following information on each invoice:

(1) Contractor’s Name & Address

(2) Contractor’s Tax Identification Number (TIN)

(3) Purchase Order/Contract Number and Task Order Number, if Appropriate

(4) Invoice Number

(5) Invoice Date

(6) Contract Line Item Number and Description of Item mailto:FMOAPINV@CDC.GOV

(7) Quantity

(8) Unit Price & Extended Amount for each line item

(9) Shipping and Payment Terms

(10) Total Amount of Invoice

(11) Name, title and telephone number of person to be notified in the event of a defective invoice

(12) Payment Address, if different from the information in (c)(1).

(13) DUNS + 4 Number

(14) Electronic funds transfer (EFT) banking information

C.6 CDC0_G008 Contracting Officer’s Representative (COR) (Jul 2017)

Performance of the work hereunder shall be subject to the technical directions of the designated COR for this contract.

As used herein, technical directions are directions to the Contractor which fill in details, suggests possible lines of inquiry, or otherwise completes the general scope of work set forth herein. These technical directions must be within the general scope of work, and may not alter the scope of work or cause changes of such a nature as to justify an adjustment in the stated contract price/cost, or any stated limitation thereof.

In the event that the Contractor believes full implementation of any of these directions may exceed the scope of the contract, he or she shall notify the originator of the technical direction and the Contracting Officer, immediately or as soon as possible, in a letter or e-mail separate of any required report(s). No technical direction, nor its fulfillment, shall alter or abrogate the rights and obligations fixed in this contract.

The Government COR is not authorized to change any of the terms and conditions of this contract. Contract changes shall be made only by the Contracting Officer by properly written modification(s) to the contract.

The Government will provide the Contractor with a copy of the COR delegation memorandum upon request.

C.7 CDCP_G009 Contracting Officer (Jul 1999)

(a) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.

(b) No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States

Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

C.8 CDC0_G018 Payment by Electronic Funds Transfer (Feb 2018)

(a) The Government shall use electronic funds transfer to the maximum extent possible when making payments under this contract. FAR 52.232-33, Payment by Electronic Funds Transfer –System for Award Management, in

Section I, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments.

(b) In the case that EFT information is not within the System of Award Management, FAR 52.232-34 requires mandatory submission of Contractor’s EFT information directly to the office designated in this contract to receive that information (hereafter: “designated office”); see below. The contractor shall submit the EFT information within the form titled “ACH Vendor/Miscellaneous Payment Enrollment Form” to the address indicated below. Note: The form is either attached to this contract (see Section J, List of Attachments) or may be obtained by contacting the

Contracting Officer or the CDC Office of Financial Resources at 678-475-4510.

(c) In cases where the contractor has previously provided such information, i.e., pursuant to a prior contract/order, and been enrolled in the program, the form is not required unless the designated financial institution has changed.

(d) The completed form shall be mailed after award, but no later than 14 calendar days before an invoice is submitted, to the following address:

The Centers for Disease Control and Prevention

Office of Financial Resources (OFR)

P.O. Box 15580

Atlanta, GA 30333

Or – Fax copy to: 404-638-5342

C.9 CDC0_H022 Smoke Free Working Environment (May 2009)

In compliance with Department of Health and Human Services (DHHS) regulations, all contractor personnel performing work within CDC/ATSDR facilities shall observe the CDC/ATSDR smoke-free working environment policy at all times. This policy prohibits smoking in all CDC/ATSDR buildings and in front of buildings which are open to the public. This policy is also applicable to contractor personnel who do not work full-time within

CDC/ATSDR facilities, but are attending meetings within CDC/ATSDR facilities.

C.10 CDCA_H037 Observance of Legal Holidays and Administrative Leave (Government Facilities

Performance) (Feb 2011)

(a) Holidays

Government personnel observe the following listed days as holidays:

Washington's Birthday

Memorial Day

Independence Day

Labor Day

Veterans' Day

Thanksgiving Day

Christmas Day

New Year's Day

Columbus Day

Martin Luther King Day

Any other day designated by Federal Statute

Any other day designated by Executive Order

Any other day designated by Presidential proclamation

For purposes of contract performance, the Contractor shall observe the above holidays on the date observed by the

Government. Observance of such days shall not be cause for an additional period of performance or entitlement to compensation except as otherwise set forth in the contract. No form of holiday or other premium compensation will be reimbursed, however this does not preclude reimbursement for overtime work authorized in writing by the

Contracting Officer.

(b) Unscheduled Facility Closures

In the event Government facilities are closed due to inclement weather, potentially hazardous or unsafe conditions, or other special circumstances, contractor personnel assigned to work within those facilities are automatically dismissed. Notwithstanding the terms of this clause, the contractor shall comply with any specific contract terms that require a level of ongoing support for critical operations during times of facility closure. The contractor may also continue to provide support under a scheduled telework arrangement in accordance with the terms of the contract if the contract expressly authorizes telework in writing.

(c) Cost Impact

Accounting for costs associated with an unscheduled facility closure is unique to each contract and depends upon a number of factors such as:

i) Contract type, e.g. Fixed Price, Time and Materials, or Cost Reimbursement.

ii) Contractor's established management and accounting practices for unproductive time.

iii) The inclusion and applicability of other contract clauses.

iv) The ability of the contractor to mitigate costs by reassigning employees to work on other contracts, to work from a different facility, or to work remotely from home in accordance with contract telework provisions.

C.11 CDC37.0001 Non-Personal Services (Apr 2015)

(a) Personal services shall not be performed under this contract. Although the Government may provide sporadic or occasional instructions within the scope of the contract, the Contractor is responsible for control and supervision of its employees. If the Contractor (including its employees) believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

(b) The contractor shall comply with, and ensure their employees and subcontractors comply with, CDC Policy titled “Identification of Contractors' Employees and Safeguarding Government Information.” No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. . The contractor is limited to performing the services identified in the contract statement of work and shall not interpret any communication with anyone as a permissible change in contract scope or as authorization to perform work not described in the contract.

All contract changes will be incorporated by a modification signed by the Contracting Officer.

(c) The Contractor shall ensure that all of its employees and subcontractor employees working on this contract are informed of the substance of this clause. The Contractor agrees that this is a non-personal services contract; and that for all the purposes of the contract, the Contractor is not, nor shall it hold itself out to be an agent or partner of, or joint venture with, the Government. The Contractor shall notify its employees that they shall neither supervise nor accept supervision from Government employees. The substance of this clause shall be included in all subcontracts at any tier.

(d) Nothing in this clause shall limit the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept or reject the services performed under this contract.

C.12 CDC42.0002 Evaluation of Contractor Performance Utilizing CPARS (Apr 2015)

In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Past Performance Information Retrieval System (PPIRS). The CDC utilizes the

Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to prepare and report these contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR

15.304 where past performance is an evaluation factor.

The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations.

The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to: www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website.

The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor’s responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations.

http://www.cpars.gov/

C.13 Ordering Procedures

(a) All task orders with funding will be placed against this BPA, in writing and signed by a warranted Government

Contracting Officer, via e-mail on a hybrid Firm Fixed Price with Economic Price Adjustment and Firm Fixed Price contract type basis dependent on the Government need. Individual task orders shall provide funding for the subsequent call order requirements.

(b) The first task order with funding will be issued after the BPA is awarded and subsequent call orders will be made against the task order. The award amount of the task order will be based on the estimated requirements for work to be performed as defined by Section D under this agreement and presented in the offeror’s technical and business proposals in response to this requirement. The Contractor receiving the task order shall furnish the supplies and services as directed by individual call orders. The Contractor shall include the necessary equipment, materials and supplies, transportation, security clearance and background investigation verifications, and other items or services required to perform the work described in the BPA.

(c) BPA calls orders made by telephone or other verbal means are authorized under this BPA, but must be fully documented. At a minimum, each call order request shall contain the information required to provide a quote on the specific call order requirement. BPA call orders shall not exceed the awarded task order amount on which the call order is based, unless a modification is issued by a duly warranted Government Contracting Officer. The Contractor is not authorized to perform beyond the total task order funding obligated.

(d) There is no limit to the number of task orders and/or call orders that may be issued.

(e) Any call order issued during the effective period of this agreement and not completed within that period shall be completed by the Contractor within the time specified in the call order. The agreement shall govern the Contractor’s and Government’s rights and obligations with respect to that call order to the same extent as if the order were completed during the agreement’s effective period; provided, that the Contractor shall not be required to make any deliveries that exceed two (2) months following the end of the period of performance of the BPA.

SECTION D - CONTRACT DOCUMENTS, EXHIBITS OR

ATTACHMENTS

C.1. BACKGROUND AND NEED

This contract is for the project entitled “Delivery of Liquid Argon and Dry Ice to the National Center of

Environmental Health (NCEH) Division of Laboratory Sciences (DLS)”. The Centers for Disease Control and

Prevention (CDC), located in Atlanta, Georgia, USA, is an agency of the Department of Health and Human Services

(DHHS). CDC’s mission is to promote health and quality of life by preventing and controlling disease, injury, and disability. CDC is the Nation’s lead prevention agency for these adverse health events. CDC works with States, local public health agencies, and partners throughout the Nation and the world to accomplish this mission. In particular, CDC’s Division of Laboratory Science (DLS), at the National Center for Environmental Health is at the forefront of the effort to prevent and control environmental health hazards and diseases. Using advanced laboratory science and innovative techniques, DLS scientists have helped change environmental public health. By preventing disease from exposure to toxic chemicals in the environment; responding to terrorism and public health emergencies involving chemicals; and improving laboratory methods to diagnose and prevent disease, the laboratory has been in the vanguard of efforts to improve people's health across the nation and around the world.

Many laboratory instruments critical to DLS’s mission require argon gas for operation. DLS buildings 103 and 110 are equipped with liquid argon bulk storage tanks and vaporization arrays. DLS also requires an ongoing supply of dry ice in order to preserve samples being shipped or moved.

It is essential for the supply of liquid argon and dry ice to be continuous and uninterrupted. Running out of either of these products could damage expensive laboratory instruments, delay or corrupt ongoing laboratory studies, or damage or contaminate samples that are irreplaceable.

C.2. PURPOSE

The purpose of this contract is to ensure the CDC’s Division of Laboratory Sciences (DLS) have an uninterrupted adequate supply of liquid argon and dry ice.

C.3. SCOPE OF WORK

The Contractor shall furnish all necessary services, tools, equipment, qualified personnel, and material to ensure

DLS has an ongoing adequate supply of liquid argon. The contractor shall ensure DLS has an adequate supply of dry ice.

During the period of performance of this contract, the contractor is required to meet the following deliverables:

Liquid Argon Gas delivery, preventive maintenance, dry ice delivery and the annual report. Refer to Section C.7

(Deliverables) for details.

The contractor shall provide an annual report that details all work completed on the contract for each performance period broken down by month to include deliveries, consumption, and any preventative maintenance done.

C.4. TECHNICAL REQUIREMENTS

The contractor shall perform each of the specified tasks below:

TASK 1: Manage and Supply Liquid Argon

Requirement:

The contractor shall ensure that the fill level requirements described in Table 1 are met for the liquid argon tanks at Chamblee laboratory buildings 103 and 110. The contractor shall provide liquid argon that meets or exceeds the purity specifications described in Table 2. The contractor shall deliver as often as needed to maintain the levels (see Table 3 for historical usage summary).

o The contractor shall remotely monitor the level of argon in the bulk tanks described in Table 1 with telemetry devices to ensure the argon levels meet the requirements of this contract. The contractor shall give CDC access to argon level readings in real time from the telemetry systems.

o Deliveries shall be made to the Chamblee campus only between the hours of 6:30am and 6:30pm

Monday-Friday, and not on federal holidays.

o The contractor shall provide the names of all delivery drivers at least 4 days prior to delivery to ensure that all drivers and trucks are able to enter the secure CDC Chamblee Campus facility.

Truck drivers must be U.S. Citizens.

The contractor shall include a delivery order noting the amount filled and include a certificate of analysis verifying the purity level is within specification (see Table 2) with each delivery.

The contractor shall be prepared to respond, on a 24-hour basis to reports of any malfunction of the argon system at Chamblee facility. The contractor shall establish an emergency point of contact to be given to the

CDC and be prepared to respond to alert of emergency within one hour of the initial emergency report.

The contractor shall then determine the situation and take appropriate action to ensure that the CDC facilities and equipment are not compromised, argon is not unnecessarily expended, and CDC has a usable supply of argon. The contractor shall communicate the advised plan of action to the Facilities Manager for the Chamblee laboratories and the COR via phone and e-mail as soon as possible but within four hours, at the maximum.

The contractor shall perform an annual inspection of all liquid argon tanks (see Table 1) and vaporizer arrays and deliver report of findings to the COR.

The contractor shall ensure that liquid argon tanks and vaporizer arrays are in proper working order at all times and shall perform any preventative maintenance or repairs that may be needed for optimal performance and to prevent leaks or incidents at no additional cost to the Government.

o This includes overseeing the purging of tanks on an as needed basis (no less than every 5 years) to ensure argon purity.

The contractor shall provide expertise in the supply and management of liquid argon and is encouraged to recommend methods that would result in efficiencies or cost savings.

Table 1. DLS Liquid Argon Bulk Tank Fill Specifications

Building Type Tank ID Capacity

(gallon)

Minimum Fill level requirement

Frequency of check

103 Bulk 5430307 1500 50% At all times using remote telemetry

110 Bulk 5430301 3000 50% At all times using remote telemetry

110 Bulk 5430304 3000 50% At all times using remote telemetry

Table 2. Liquid Argon Purity Specifications

Liquid Argon Component Purity Specification

Argon ≥ 99.996%

Oxygen < 2 ppm

Nitrogen < 10 ppm

Carbon monoxide < 0.5 ppm

Carbon dioxide < 0.5 ppm

Methane < 0.5 ppm

Water < 4 ppm

Table 3. Liquid Argon Consumption History at Chamblee Campus

2016 2017 2018

Month

Quantity

Argon

Delivered

(gallon)

Month

Quantity

Argon

Delivered

(gallon)

Month

Quantity

Argon

Delivered

(gallon)

Feb-16 1,700 Feb-17 3,541 Feb-18 0

Mar-16 2,841 Mar-17 78 Mar-18 3,502

Apr-16 2,209 Apr-17 1,235 Apr-18 1,714

May-16 806 May-17 4,002 May-18 2,321

Jun-16 2,258 Jun-17 1,063 Jun-18 1,890

Jul-16 680 Jul-17 3,379 Jul-18 2,209

Aug-16 1,035 Aug-17 3,365 Aug-18 756

Sep-16 4,056 Sep-17 1,797 Sep-18 1,365

Oct-16 701 Oct-17 1,868 Oct-18 3,583

Nov-16 1,902 Nov-17 2,266 Nov-18 1,679

Dec-16 2,697 Dec-17 2,894 Dec-18 4,393

Jan-17 2,927 Jan-18 1,480 Jan-19

Total 23,814 Total 26,968 Total 24,341

TASK 2: OPTIONAL TASK Manage and Supply Dry Ice

DLS requires a reliable ongoing supply of dry ice for maintaining samples that are being transported. The contractor shall:

Supply dry ice as a combination of high-density pellets and block/slice to designated locations outside of

DLS Building 110 and 109 on the Chamblee campus (see Table 4). Current deliveries are approximately

6,500 lbs. per month.

Track consumption and develop a system to optimize deliveries to ensure there is never a shortage of dry ice, and that dry ice is not being wasted.

Table 4. DLS Dry Ice Bin Fill Specifications

Form of dry ice Historical weekly usage Distribution of bins*

Pellets 3 bins* 1 on the building 109 loading dock

2 on the building 110 loading dock

Block / slice 1 bin* 1 on the building 109 loading dock

1 on the building 110 loading dock

* Historically, bins like Sonoco Thermosafe HR11P2-LC were used which, per the manufacturer, each have a capacity of about 570 lbs. of dry ice pellets or 12 dry ice blocks.

C.5 MINIMUM VENDOR QUALIFICATIONS AND LEVEL OF EFFORT

Contractor must provide documentation demonstrating a commercial record or confirming that they are capable of consistently providing both the quantity and purity of argon and dry ice required.