USDA_certification_and_labeling_PWS.docx

Performance-Based Work Statement (PWS) For the BioPreferred Program’s Biobased Certification and Labeling Initiative

1. Background

The U.S. Department of Agriculture (USDA) implements a voluntary certification and labeling initiative for biobased products under section 9002 of the Farm Security and Rural Investment Act of 2002 (2002 Farm Bill), and as amended by the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill). The BioPreferred program was re-authorized in The 2014 Farm Bill – The Agricultural Act of 2014 – but the voluntary product certification and labeling initiative was not changed.

Under the voluntary labeling initiative, a biobased product, after being certified by USDA, is marketed and sold by product manufacturers using the “USDA Certified Biobased Product” label. The presence of the label will mean that the product meets USDA standards for the amount of biobased content and that the manufacturer or vendor has provided relevant information on the product through the labeling program web site.

2. Objectives

The Office of Procurement and Property Management (OPPM), Environmental Management Division (EMD) is seeking to obtain contractor support to administer/implement the product certification and labeling initiative. The selected contractor shall also oversee part of the label application process. The contractor will collect and analyze biobased content testing reports of the products eligible for USDA certification and labeling. The contractor performing the duties outlined in this performance-based work statement (PWS), and will be the certifying entity for the “USDA Certified Biobased Product” label. As such, the contractor must have experience with (ideal) or knowledge of (permissible) the following methods, standards, procedures, and systems: ASTM D6866 - 12 Standard Test Methods for Determining the Biobased Content of Solid, Liquid, and Gaseous Samples Using Radiocarbon Analysis; ISO/IEC Guide 28 Conformity Assessment-Guidance on Third-Party Certification for Products; ISO/IEC Guide 65 General Requirements for Bodies Operating Product Certification Systems; ISO/IEC 17020 General Requirements for Inspection Bodies; ISO/IEC 17025 General Requirements for the Competence of Calibration and Testing Laboratories.

3. Scope of Work The contractor shall perform all the duties associated with establishing and administering the third-party product certifier program for the USDA’s biobased product labeling initiative. These duties include but are not necessarily limited to the following subtasks:

Task 1: USDA Product Certification Application Support/Enhancement

The selected contractor shall work with USDA to implement, and if requested, amend, the protocol and processes that are in place to administer the product certification and labeling initiative. Key work partners will include USDA BioPreferred Program staff and contractors/consultants.

The contractor shall use and/or interface with the existing IT infrastructure and applications furnished by the government to support the initiative and make necessary improvement(s) if needed. This infrastructure includes hardware and software applications, including a database and its applications, for support of the contractor “swim lane” and communication areas between biobased manufacturers, USDA, contractor, and biobased content testing laboratories as outlined in the workflow diagram attached as Figure 1.

The contractor shall provide hosting and maintenance support for the developed software applications.

The contractor shall also retain and update biobased product-specific operations manual that documents product certification protocols and processes. These documents, or user-friendly summaries of them, may be posted on the USDA BioPreferred web site. Lastly, as part of the administration of the Product Certification and Labeling Program, the contractor shall be responsible for making expected modifications/revisions to the IT infrastructure, data ownership, the product data transfer, and other information-sharing protocols between testing laboratories, USDA application programmers, the BioPreferred program web site, and/or contractors/consultants as a part of this multi-organizational product certification team.

A sample work flow process has been inserted on the next page (Fig. 1) to provide the contractor with an understanding of: the general framework of the IT infrastructure; the process for certification of biobased products, data sharing and communications protocols with program staff and consultants necessary to implement biobased product certification.

AG-3142-S-16-0002 1

Fig. 1: Work flow: Biobased Label Application Process

To assure that the processes and protocols developed for BioPreferred voluntary product certification and labeling are working as smoothly as possible, the contractor shall work with the established technical advisory committee (TAC) for advisement on the certification protocol key issues and, if necessary, suggest enhancements or revisions to the certification process for the benefit of all involved. The contractor shall plan to implement quarterly TAC communications and bi-annual TAC meetings (in the form of conference calls).

Task 2: Biobased Product Certification and Label Application Processing

The contractor shall work with USDA, and the multi-organizational certification support team, to process product certification applications (so USDA may award biobased product labels) based on the manufacturer’s acceptable application and product certification, within the regulation’s (labeling rule) timeframe[footnoteRef:1] (60 days after receipt of complete application). This work will include communication and contact with certification applicants on participant agreements and product sample selection guidance, analysis of biobased testing results, data validation and exchange, routine communication with USDA and/or biobased product manufacturers/distributors. Subcontracting services with accredited testing laboratories may be necessary. [1: PART 2904 – VOLUNTARY LABELING PROGRAM FOR BIOBASED PRODUCTS Section 2904.5 Initial Approval Process. (3) Commitments (b) Evaluation of Applications. (2)(i) “…USDA will provide a written response to each applicant within 60 days after the receipt of a complete application, informing the applicant of whether the application has been conditionally approved or has been disapproved.” ]

Task 3: Biobased Product Certification and Label Application Evaluation Activities

The contractor shall be requested by USDA to develop a biobased product sampling, testing, and inspection strategy to monitor the validity of the certified products’ biobased content test results and the presence of product labels, matched with those certifications, in the marketplace. A specific strategy and implementation steps to undertake this work will be developed and finalized after discussion and in conjunction with USDA.

4. Performance Requirements Summary Table

Dis-Incentive

Dis-Incentive

60 days

5. Deliverable Summary Table

List – during first month of contract award

6. Inspection and Acceptance

Unless otherwise noted, the Contracting Officer’s Representative (COR) will have five workdays after receipt to review and accept, provide comments or reject each deliverable. The contractor shall provide corrections and deliver a revised deliverable within five working days of Government comments. Acceptance of the deliverables will be made when all requirements are met, including the resolution of all Government comments on draft deliverables. For the purpose of this performance-based work statement, workdays do not include weekends and federal holidays.

7. Key Personnel

The following labor categories are key personnel which are anticipated under this effort.

Resumes for these categories shall be provided to the USDA COR for approval prior to commencement of work.

1. Program Manager/Lead

1. Project Manager/Coordinator

1. Systems Analyst

1. IT Developer/Programmer

1. Database Developer

Personnel other than, or in addition to, those identified above as key may be proposed by the contractor.

8. Period of Performance

The period of performance for this effort shall be from the date of authorization to one year from time of award. This contract will have a base year with an option to extend for four years beyond the base year.

9. Place of Performance

The contractor performance will take place at the contractor’s facility. It is estimated that some of the work and reviews will take place with OPPM EMD currently located at the Reporter’s Building, 300 7th Street, SW, Washington, D.C. 20024.

10. Type of Contract

This is a Performance Based, fixed price order. It is anticipated that the contractor shall provide a firm fixed price for all tasks. USDA stresses performance based contracting for all contractors. It is expected that the contractor understands the level of effort and expertise required for this effort, for both the management aspect of this order, as well as the actual security assessments. The contractor shall propose the estimated price and labor rates (both fixed price and T&M) for labor, ODCs, travel, and delivery dates of the deliverables mentioned earlier in this PWS.

11. Travel

The contractor shall not charge local travel costs in the Washington, DC metropolitan area to the Government. All travel, when required, shall be billed in accordance with Federal regulations. The contractor shall submit travel requests to the COR for approval of travel at least one week in advance of travel.

12. Hours of Work

The work hours are assumed to be the typical work hours governing a standard work day (i.e. 8/9 hours between the hours of 8:00 a.m. and 5:30 p.m.)

13. Security Requirements

The component parts of this effort and reports are expected to contain highly sensitive information that could act as a guide for hostile entities to cause harm to the Departments critical infrastructure. Any such information made available in any format shall be used only for the purpose of carrying out the provisions of this agreement. Such information shall not be divulged or made known in any manner to any person outside individuals identified by the program manager to receive such information. No information will be released to anybody external to USDA without the express written approval of the Contracting Officer’s Representative. The contractor shall immediately notify the program manager and the on-site task manager upon discovery of any inadvertent disclosures of information.

To gain access to sensitive data and USDA information systems, contractor personnel shall comply with Homeland Security Presidential Directive (HSPD) – 12, Policy for a Common Identification Standard for Federal Employees and Contractors, and with the USDA Personal Identity Verification investigation procedures. As part of this process, contractor personnel are subject to satisfactory completion of a Background Investigation (BI). A BI is a personnel security investigation consisting of a NACI, credit search, personal interviews of subject and sources, written inquiries and record searched covering specific areas of the subject’s background during the most recent five years. A secret security clearance will be accepted.

The contractor shall not disclose sensitive or proprietary information of, or in the possession of, the USDA or any of its operation units, industry partners or business partners to unauthorized persons. The contractor will be subject to any and all penalties imposed by law for unlawful disclosure of USDA information. USDA must approve any press releases or interviews with industry prior to action.

14. Quality Assurance

The contractor shall be solely responsible for the supervision, management, and inspection of its employees under this PWS. The contractor will monitor and ensure its employees meet the requirements of this PWS. The contractor shall provide and maintain an inspection system acceptable to the Government covering services provided under this PWS. Any incidents that cannot be resolved by the contractor in a timely manner will be identified and referred to the USDA COR.

The COR will provide for technical monitoring on an on-going basis and the COR will accept or recommend rejection of services and deliverables.

15. Section 508 Requirements (if applicable)

All electronic and information technology (EIT) procured through this contract must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www/acessboard.gov/sec508/508standards.htm.

The contractor shall indicate for each line item in the schedule whether each product or service is compliant or non-compliant with the accessibility standards at 36 CFR 1194. Further, the proposal must indicate where full details of compliance can be found (e.g., vendor’s Web site or other exact location).

16. Payment Schedule

A progress payment schedule will be used to recognize the work that has been done toward completion of the total effort. This will ensure that the contractor has sufficient financing to complete the work. As required by the Prompt Pay Act of 1982, payments shall be made within 30 days of receipt of proper invoice and acceptance of work.

The contractor shall invoice monthly.

The contractor shall invoice the government after service has been rendered. A copy of the invoice shall be sent to the COR and to the CO. Payment requires the COR’s recommendation that payment be made and approval by the CO. Progress payments may be based on percentage of project completed as determined by the COR.

16. Procedures for Payment

The contractor shall submit invoices in accordance with the Department of the Treasury - Invoice Processing Platform (IPP) system. Additional information Customer Support (866) 973-3131 or www.ipp.gov

16. Clauses

Section 508 Compliance Requirements The contractor shall deliver solutions that comply with the accessibility provisions of Section 508 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 794d). Section 508 requires that Federal agencies’ electronic and information technology be accessible to people with disabilities. Unless it is an “undue burden” or compliant products or services do not exist, solutions must comply with Section 508. Within 20 business days of task award, the contractor shall provide a plan for compliance for the system as a whole, including any costs associated with compliance, or identify, in writing, a justifiable reason why it is an “undue burden” to make the system compliant. Undue burden means that significant difficulty or expense would be incurred.

Applicable Section 508 Standards The following standards apply to this procurement and are hyperlinked for easy reference:

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