PERFORMANCE WORK STATEMENT (PWS)

Drinking Water Sample Analysis Services

Part 1 General Information

1. General: This is a non-personal service(s) contract under which the personnel rendering the service(s) are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.1 Description of Services/Introduction: This is a non-personal services contract to provide sample analysis for requested analyses on drinking water matrices and provide results showing any organic, inorganic, and/or biological contaminants of interest in each sample as requested.

1.2 Background: As part of the Defense Centers for Public Health – Aberdeen (DCPH-A) mission, the Lab Sciences (LS) Directorate performs sample analyses of drinking water matrix in operating environments and military bases to ensure the safety and security of all who work there. LS currently analyzes drinking water samples for organic, inorganic, and biological contaminants in support of the DCPH-A mission. However, LS does not currently have the analytical capability or capacity to perform all required sample analyses including samples from deployment locations and in natural or man-made disaster locations.

1.3 Scope: The Contractor shall provide non-personal services. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, materials, supervision, and other items necessary to perform services as described in the PWS and associated contract documents. The data obtained under this contract shall be used to comply with Federal and State requirements. The Contractor shall perform to the standards and acceptable quality levels to include timeliness of deliverables as identified in this PWS and associated contract documents.

1.4 Objectives: The objective of this contract is to:

• Provide quality sample analysis on drinking water samples for various organic, inorganic and biological contaminates as identified in this PWS in accordance with the documented methodology.

• Use industry standard state-of-the-art instrumentation, technologies, and methodologies to analyze samples for any of the parameters listed in Technical Exhibit B.

• Ensure proper receipt and storage of samples prior to analysis.

1.5 General Information:

1.5.1 Quality Control Plan (QCP): RESERVED

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.)

deadlines fall on a holiday, the closest workday prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work requested in this PWS is defined in calendar days. It is the Contractor’s decision on which days their staff will be working at their laboratory. When a U.S.

holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

New Year’s Day January 1st M. L. King Memorial Day 3rd Monday in Jan Presidents’ Day 3rd Monday in February Memorial Day last Monday in May Juneteenth June 19th Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

1.5.3.2 Host Nation Holidays: RESERVED

1.5.4 Operating Hours: The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ. Please refer to the following.

1.5.4.1 Government Facility Office Hours: The Government facility office hours are 0800 to 1600 Monday through Friday except U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours are 0800 to 1600 Monday through Friday except U.S. Holidays identified in paragraph 1.5.3.1 above. The Government facility is closed during local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.3 Contractor Support Hours: RESERVED

1.5.4.3.1 Contractor Work Plan: RESERVED

1.5.5 Training Holidays: RESERVED

1.5.6 Place of Performance: The work to be performed under this contract will be performed at the Contractor’s or subcontractor’s laboratory.

1.6 Security Requirements: The following information is provided on security related matters.

1.6.1 Security Program: RESERVED

1.6.2 Personnel Security Clearance Requirements: RESERVED

1.6.3 Installation Access: Access to U.S. installations, buildings and controlled areas is limited to personnel who meet security criteria and are authorized. Failure to submit required information/data and obtain required documentation or clearances will be grounds for denying access to U.S. installations, buildings and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements. Installation access is anticipated for only the labs who intend to pick up samples from the Government facility.

1.6.3.1 Installation Pass Log: RESERVED

1.6.3.2 Individual Termination or Expiration of Employment: RESERVED

1.6.3.3 Contract Termination or Cancellation: RESERVED

1.6.3.4 Common Access Cards (CAC) and CAC Log: RESERVED

1.6.4 Background Checks: RESERVED

1.6.4.1 U.S. Citizen: RESERVED

1.6.4.2 Local Nationals and Third Country Nationals: RESERVED

1.6.5 Physical Security: RESERVED

1.6.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

1.7 Key Control: RESERVED

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The Contracting Officer (CO), Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance.

At these meetings the CO and COR will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

These meetings shall be at no additional cost to the Government.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter.

Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the CO, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the CO. The designation letter states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the CO and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The following personnel are considered key personnel by the Government: Project Manager (PM). The Contractor shall provide a PM who shall be responsible for the performance of the work. A Curriculum Vitae (CV) (Deliverable 1) for the PM, shall be provided with the solicitation and after contract award when the PM is replaced.

The Contractor shall provide a new CV within 45 days of the PM stops performing on this contract. During the 45 days, the Contractor shall provide an interim PM to perform the work on this contract. All CVs shall be submitted to the CO via email prior to any work being performed. The CO will provide approval of the CV for the PM or interim PM to the Contractor within three (3) business days. Qualifications for all key personnel are listed below:

Project Manager: The Project Manager shall provide a CV that meets the following minimum qualifications: 1) 5 years of experience as a PM, 2) 5 years’ experience (nonconsecutive) with high volume of analysis sample testing.

1.11 Identification of Contractor Employees: RESERVED

1.12 RESERVED

1.13 Contractor Travel: RESERVED

1.14 Other Direct Costs (ODCs): RESERVED

1.15 Data Rights: RESERVED

1.16 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be averse to the interests of the Government or others. The Contractor and Contractor personnel, shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the CO. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

1.17 Protection of Government and Contract Information: Per Public Use Notice of Limitations stated by Defense imagery Management operations Center and contained at www.dimoc.mil/resources/limitations/, the Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital marketing tools to include its company website.

1.18 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government no later than the kick-off meeting (Deliverable 2) prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in removal of Contractor personnel from performance under this contract.

1.19 Organizational Conflict of Interest (OCI): RESERVED

1.20 Phase In /Phase Out Period: RESERVED

1.21 Safety: RESERVED

1.21.1 Safety Laws and Regulations: RESERVED

1.22 Environmental Compliance: RESERVED

1.22.1 Environmental Compliance Plan and Program: RESERVED

1.23 Required Training: The following provides information on training requirements.

http://www.dimoc.mil/resources/limitations/

1.23.1 Anti-Terrorism (AT) Level I Training: All contractor employees, including subcontractor employees, requiring access to DHHQ, Direct Reporting Markets (MTFs), Small Markets and Stand Alone (SSO) facilities and controlled access areas, shall complete AT Level I awareness training within 15 calendar days (Deliverable 3) after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website:

http://jko.jten.mil. Contractor personnel shall complete refresher training (Deliverable 4) every twelve (12) months.

1.23.2 OPSEC Training: RESERVED

1.23.3 iWATCH Training: The contractor and all associated subcontractors shall brief all employees on the local Suspicious Activity Training program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 15 calendar days of contract award and within 15 calendar days of new employees commencing performance, with the results reported to the COR NLT 30 calendar days after contract award (Deliverable 5).

1.23.4 Information Assurance (IA) Training RESERVED

1.23.5 Personally Identifiable Information (PII): RESERVED

1.24 Invoicing: The Contractor shall submit invoices to Wide Area Workflow (WAWF) with sufficient documentation for the WAWF acceptor to review and approve the work performed.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.

Contracting Officer (CO) – Means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

Contracting Officer's Representative (COR) – As defined in Defense Federal Acquisition Regulation Supplement (DFARS) 202.101, means an individual designated and authorized in writing by the CO to perform specific technical or administrative functions. DoD Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, Contracting Officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line-item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing other surveillance support personnel to assist the COR when needed, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the CO as alternate CORs.”

Contractor – Means a supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Day – Means, unless otherwise specified, a calendar day.

Defective Service – Means a service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

Deliverable – Means anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

Quality Assurance (or Government contract quality assurance) - Means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP) – Means the key Government-developed surveillance process document and is applied to Performance-Based Service Contracting.

The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the PWS. It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

Quality Control – Means all necessary measures taken by the Contractor to assure that the quality of a product or service shall meet contract requirements.

Subcontractor – Means one that enters a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

Work Week – Monday through Friday, unless otherwise specified.

2.2 Acronyms: Although not inclusive of every term used within this PWS, or that may be included in an acquisition, the following provides a list of acronyms commonly used in the acquisition field.

AT Anti-terrorism CLIN Contract Line-Item Number CO Contracting Officer COC Chain of Custody COR Contracting Officer’s Representative CV Curriculum Vitae DCPH-A Defense Centers for Public Health – Aberdeen DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense EDD Electronic Data Deliverable ELAP Environmental Laboratory Accreditation Program FAR Federal Acquisition Regulation ID Identification LIMS Laboratory Information Management System LS Laboratory Sciences OCI Organizational Conflict of Interest OPSEC Operations Security PFAS per and poly fluorinated Alkyl substances PM Project Manager PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QSM Quality Systems Manual SOP Standing Operating Procedure

TAT Turnaround Time WAWF Wide Area Work Flow

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Services: The Government will provide drinking water samples to the Contractor for sample analysis for organic, inorganic and biological contamination identification purposes.

The Government will also provide Outsource Documentation that will accompany each set of samples to identify the project name, requested turnaround time, requested priority, methods to be reported and sample identification information.

3.2 Facilities: RESERVED

3.3 Utilities: RESERVED

3.4 Equipment: RESERVED

3.5 Special Tooling and Test Equipment: RESERVED

3.6 Materials: RESERVED

3.7 Training: AT Level 1 Awareness, and iWATCH

3.8 Common Access Cards (CAC): RESERVED

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services

4.1 General: The Contractor shall furnish analytical reports for each sample submitted by the Government, invoices for each sample set and information specific to the analysis being performed under this PWS.

4.2 Secret Facility Clearance: RESERVED

4.3 Materials: RESERVED

4.4 Vehicles and Equipment: The Contractor shall furnish all laboratory equipment necessary to perform the sample analyses identified in this PWS.

4.5 Background Checks: RESERVED

PART 5

SPECIFIC TASKS

5.1 Basic Services: The Contractor shall provide services for the analysis of drinking water samples for organic, inorganic and biological contamination as identified in the PWS. The Contractor shall follow Chain-Of-Custody (COC) procedures as defined in the Contractor’s COC Standard Operating Procedure (SOP).

5.2 Tasks: Tasks consist of the following:

5.2.1 Receipt and Storage of Samples Prior to Analysis. The Government will provide samples for analysis to the Contractor facility. Each container contains specific parameters for which the sample must be analyzed. The Contractor is responsible for storing and handling the samples in accordance with the applicable analytical method specifications.

Samples will be provided to the Contractor either through a Contractor-provided courier, shipment from DCPH-A, or shipment directly from the field. The cost of shipping samples to the Contractor are paid by the Government.

5.2.1.1 Sample Pickup Protocol from the DCPH-A lab. If applicable, the Contractor’s courier shall be responsible for pickup (from DCPH-A), packaging and delivery of samples. Samples shall be picked up by the Contractor’s courier within 24 hours of notification by the DCPH-A COR or a designated representative. The courier is responsible for packaging and transporting the samples under conditions dictated in the applicable methodology. At the time of sample pickup by the Contractor, the samples and required tests will be identified by the DCPH-A COR on a Government provided Outsource Document. This document shall be signed and dated by the DCPH-A COR or designee to document the date and time of sample transfer to the contract lab. The Contractor courier shall date and sign the Outsource Document to conclude the transfer of possession of the sample(s). A Contractor representative/Project Manager shall document the transfer of possession from the courier to the contract lab facility including sample receipt temperature. The Contractor shall immediately report in writing to the COR all samples lost or broken in transit.

5.2.1.2 Sample Shipment Protocol from the DCPH-A lab. If applicable (if the Contractor does not offer/use a courier), DCPH-A shall pay the shipping costs for transportation of the samples to the Contractor’s facility. The Contractor and DCPH-A shall store and/or ship samples in accordance with the preservation guidelines as noted in the applicable analytical method until samples are analyzed, and thereafter until results are approved by the COR. The Contractor shall immediately report all samples lost or broken in shipment, with as much detail as possible (to include but not limited to photographs, etcetera), to the COR within 4 hours of identification of the breakage. In addition, the sample receipt temperature must be reported to the COR, as applicable, within 24 hours of sample receipt.

(Deliverable 6)

5.2.1.3 Direct shipment of samples from the field to the Contractor. If holding times are of concern, there may be a necessity to ship the samples to the contract lab directly from the field following collection. The DCPH-A sample submitter will ship the samples and a corresponding field COC document to the contract lab.

When the contract lab receives the samples and corresponding field COC forms, the Contractor’s PM shall sign the COC forms documenting receipt of samples and immediately (within the same business day of receipt) forward the field COC to the COR for review, accountability and Laboratory Information Management System (LIMS) login at DCPH-A Lab.

The Contractor’s PM shall also report to the COR the condition of the samples upon receipt (to include receipt temperature) in the Contractor lab. The DCPH-A COR shall use project planning information and the information on the COC form to generate an Outsource Sample Shipment Document containing all applicable information (i.e., DCPH-A lab ID, DCPH-A field ID, analyses requested, matrix, points-of-contact, etc.). The generated Outsource Document will be forwarded electronically to the contract laboratory. The Contractor shall then begin sample analysis. The contract laboratory PM shall assure that the contract laboratory analyzes the sample within holding times specified in applicable methodology. If paperwork from the COR is pending, the contract lab should obtain guidance from the COR to proceed with analysis to meet holding times.

5.2.2 Perform Sample Analysis within the stated Turnaround Time (TAT). The Government will designate samples as either “STANDARD”, “HIGH PRIORITY”, or “TOP PRIORITY”. TATs are calculated from the date of Contractor receipt of samples to the date of receipt of technically acceptable analysis results acceptance by the Government.

For each sample designation, the Contractor shall complete the sample analysis, final reporting and Electronic Data Deliverable (EDD) transmission within the following TAT timeframes:

STANDARD: 15 Calendar days from date of sample receipt.

HIGH PRIORITY: 8 Calendar days from the date of sample receipt.

TOP PRIORITY: 5 Calendar days from the date of sample receipt URGENT: 3 Calendar days from date of sample receipt

TAT is defined as the intervening time between the date of sample receipt in the Contractor’s laboratory (or Outsource Document for Direct Shipped Samples) to the date of receipt of a complete and technically acceptable data package (Final PDF copy (Deliverable 7) + EDD (Deliverable 8)) by the DCPH-A laboratory. Technical acceptability will be determined by a thorough review by qualified DCPH-A technical Subject Matter Experts and communicated to the COR for any required actions with the Contractor. Holidays and weekends are considered ‘calendar’ days.

The Government anticipates that 75% of required analyses will be marked STANDARD, 20% HIGH PRIORITY, 4.5% TOP PRIORITY, and 0.5% URGENT per contract year.

Natural disasters or military mobilization may alter these estimates.

5.2.3 Provide analytical results (the complete data package) to the COR

5.2.3.1 The Contractor shall submit the results of all analyses within the TAT timelines as defined on the Outsource Sample Shipment Document for each set of samples. The results shall be submitted electronically to the COR and include the information requested in the format outlined in the Final Reporting Requirements (Technical Exhibit E). The Contractor shall at least report at or below the limits identified in Technical Exhibit D.

Extensions for matrix issues and sample analysis anomalies may be negotiated with the COR on a case-by-case basis. However, these issues must be communicated to the COR when they occur, prior to the due date and when the lab believes a delay is possible, not after the data package is overdue.

5.2.3.2 Use industry standard state-of-the-art instrumentation, technologies, and methodologies to analyze samples for any of the parameters listed in Technical Exhibit B. For each sample, the contractor shall perform analyses for the compounds and organisms listed Technical Exhibit D according to their stated parameters and methodologies. Any special analyses or additional testing requirements will be stated on the sample. It is anticipated that the Contractor will perform between 2,000 and 10,000 analyses per year. Natural disasters or military mobilization may alter these estimates.

When the contract laboratory is performing sample analyses using the methodologies specified in Technical Exhibit B, the contract laboratory shall follow quality control guidelines specified in that method.

5.2.3.3 Quality Control Data: Quality control data shall be analyzed and, where they are found to be outside pre-defined criteria, planned actions shall be taken to correct the problem and to prevent incorrect results from being reported. If additional quality assurance/quality control protocol is designated in the methodologies, these guidelines shall also be strictly followed.

5.2.3.4 Holding times: Analyze samples within the maximum holding times specified in the method, even if these times are less than the requested priority report delivery TATs required in this contract.

If a sample is not processed within the specified holding time per method, the sample will be considered “lost”, unable to analyze and require recollection by the DCPH-A client/Project Officer. When this occurs, the Contractor shall not bill the Government for tests performed on samples beyond their holding times and be assessed liquidated damages (for example late penalties) in accordance with the “Liquidated Damages” clause incorporated into this contract. The Contractor shall not be liable if time remaining on the holding times, upon receipt of samples at Contractor, is less than 48 hours. Extenuating circumstances can be negotiated on a case-by-case basis with the DCPH-A COR. (Examples may include – Weekends/Holidays, late arrivals, unannounced arrivals.)

5.2.4 Disposal of unused sample volumes and return of Government shipping containers.

5.2.4.1 Disposal. Unless otherwise instructed by the COR, the Contractor shall be required to dispose of unused sample volumes no earlier than 60 days following submission of analytical data to DCPH-A COR. Sample disposal and disposal of unused sample bottles/containers is the responsibility of the Contractor and should be done in accordance with all applicable laws and regulations governing disposal of such materials.

5.2.4.2 Shipping Containers. The Contractor shall return all Government shipping containers, unless otherwise specified, to the COR within three (3) business days of receipt at the cost of the Government who will provide applicable shipping labels for each container.

5.2.5 Surge Capacity. The potential exists to have other projects unexpectedly come up that will require additional sample analyses. A Contract Line Item Number (CLIN) will be present in the event there is a surge in needed services to execute those requirements. If the Government elects to exercise a surge CLIN, the Government may elect to incrementally fund or fully fund the CLIN based on the Government’s needs and/or the availability of funding

5.2.6 Liquidated Damages

5.2.6.1. The Contractor shall submit Final and Preliminary reports in an electronic format. If the Contractor does not submit data packages on time and/or submits incomplete/technically deficient/unacceptable data packages, the Contractor may be required to pay liquidated damages (late penalties) to the Government as follows: 5% per day late to a maximum of 100% of the total invoice price.

5.2.6.2. Extensions for matrix issues and sample analysis anomalies may be negotiated with the COR on a case-by-case basis. However, these issues must be made known to the COR when they occur and when the lab believes a delay is possible, not after the data package is overdue.

5.2.7 Contractor Project Management. Contractor shall manage all assigned projects from initial receipt until project completion. The Contractor shall ensure all projects are completed in accordance with the terms and conditions of the PWS.

5.2.8 Facilities Engineering Services. RESERVED

5.3. Laboratory Qualifications and Capabilities. The Contractor must have the method appropriate instrumentation/technologies (at a minimum) to ensure the Contractor’s ability to process sample analyses within a timely manner based on the anticipated volume.

5.4. Laboratory Certifications and Qualifications

5.4.1 ISO 17025 - The contract and sub-contract laboratory(ies) shall be accredited to the ISO 17025 standard through a third-party accrediting body. All methods covered by this contract must be on an applicable scope of accreditation possessed by the performing laboratory (ISO 17025, specific state, etc.). Offeror and sub-contract laboratory(ies) as defined must hold certification in drinking water methods in a minimum of the following specific States:

Kansas

New Jersey

New York

Maryland

Virginia

New Mexico

Georgia

Arizona

California

Washington

Hawaii

Alaska

Texas

Tennessee

Alabama

Pennsylvania

Illinois

Missouri

Florida

5.4.2 The Contractor is required to have the Department of Defense (DoD) Environmental Laboratory Accreditation Program (ELAP) for per and poly fluorinated Alkyl substances (PFAS) testing, which ensures that laboratories performing environmental testing for the DoD meet strict quality assurance, data integrity, and technical competence standards when analyzing for drinking water, soil, water, air, for DoD contracts. DoD ELAP requires labs to follow the DoD Quality Systems Manual (QSM) and conform to ISO/IEC 17025 standards.

5.4.3 DCPH-A shall be notified, in writing, within 5 Business days of any loss of certification/accreditation and/or when there are any changes to contract laboratory’s accreditation certificate and scope (to include but change to accreditation expiration date) and provide the COR with the contract laboratory’s current accreditation certificate and scope. The contract laboratory must analyze samples in accordance with the Manual for the Certification of Laboratories Analyzing Drinking Water, Fifth Edition EPA 815-R-005-004 (January2005).

5.4.4 If accreditation is lost after contract bid is placed and prior to contract award, the Contracting Officer must be notified within 48 hours. Loss of accreditation may result in a technically unacceptable evaluation of a potential contract laboratory.

5.4.5 The contractor shall follow strict quality assurance and quality control protocol, in compliance with the DoD Quality Systems Manual (QSM; version the lab is accredited to), applicable analytical methods (Technical Exhibit B), and laboratory SOPs. Note that all method- specific quality assurance/quality control requirements (laboratory blanks, laboratory control samples, laboratory/method duplicates, matrix spikes (MSs) and matrix spike duplicates (MSDs), each at the method specified frequency) must be included in the contract, per field sample bid price (no additional charges for laboratory/method QA/QC). It is understood any project specified field QC samples (field duplicates, field blanks, project specified MS/MSDs above the method frequencies, etc.) will be charged the field sample rate.

5.4.4 Quality Documentation: At a minimum, the contract laboratory shall have, in writing, documented procedures (e.g., SOPs, Work Instructions) for the following:

5.4.4.1 Sample receipt, handling, storage and control.

5.4.4.2 Security, chain of custody and document control.

5.4.4.3 Hazardous waste/sample disposal.

5.4.4.4 Sample analysis (to include types of analyses required, sample preparation, modifications to established methods, peculiarities of instrumentation, etc.)

5.4.4.5 Calibration of standards, traceability (show traceability of standards to National Measurement Systems (e.g., National Institute of Standards and Technology))

5.4.4.6 Ongoing or routine laboratory operations (including maintenance of instrumentation, procurement of supplies, scheduling of calibration for balances, thermometers, etc.)

5.4.4.7 Laboratory Safety and Chemical Hygiene (should address wearing of coats, gloves, goggles, handling of hazardous materials, eye lavaging, storage of hazardous materials, safety showers, fire safety, etc.).

5.4.4.8 Lab QA/QC (to include procedures for conducting in house audits;

procedures for allowing technicians and chemists to have an independent means of checking the quality of their results; procedures for the development and implementation of contingency plans; and procedures for the initiation of corrective action.

5.4.4.9 Data production, reduction, transcription, verification, review, distribution and in house storage.

5.4.4.10 Determination of Reporting Limits. (Contractor must document the criteria under which the reporting limits are established/re-established for each analytical process. Must also include acceptance criteria for such reporting limit evaluation).

5.5 Analytical Training Records. All Contractor personnel performing sample handling/processing/analysis in support of this Government contract shall have records demonstrating proficiency in performing the methodologies detailed in Technical Exhibit B.

5.6 On-site Inspections. The Government reserves the right to conduct inspections (on-site or virtual) of the Contractor’s and subcontractor’s laboratories to ensure that appropriate processes and quality assurance procedures are being followed in order to ensure that samples are being analyzed in accordance with the standards listed in this PWS, the requirements found in the published method, as well as the requirements in the applicable TNI Modules and corresponding checklist(s) from the laboratories accrediting body.

5.7 Subcontracting – The following section discusses any Sample analysis performed at a separate location other than the prime contractor’s laboratory location.

5.7.1 The Contractor shall be responsible for any subcontract management necessary to integrate work performed on this contract and shall be responsible and accountable for subcontractor performance. The prime Contractor will manage work distribution to ensure there are no Organizational Conflicts of Interest (OCI) considerations. A notification must be sent to the CO and COR within 30 days of the agreement between the prime and the subcontractor.

5.7.2 Due to the need to maintain the integrity of the sampling and the laboratory certifications, the Contractor may subcontract with no more than three (3) other laboratories. The subcontractor laboratories and personnel shall hold the same qualifications and certifications as required by the prime. The prime Contractor shall not subcontract more than half of the methods listed in Technical Exhibit B.

5.7.3 The Government reserves the right to conduct inspections (on-site or virtual) of the subcontractor’s laboratory to ensure that appropriate processes and quality assurance procedures are being followed in order to ensure that samples are being analyzed in accordance with the standards listed in this PWS, the requirements found in the published method, as well as the requirements in the applicable accreditation and corresponding checklist(s). The lab(s) use for subcontracting must first be audited to the same standards as the prime and approved by DCPH-A prior to submitting samples. No exceptions to this requirement will be accepted.

5.7.4 Sending samples to any location for analysis other than the physical location that is placing the bid is considered subcontracting even if it is within the same corporation.

5.7.5 Subcontractor(s) shall adhere to the same quality requirements as the oversight Contractor, to include all applicable sections of this PWS. It should be noted that every time the term “Contractor” is used throughout this PWS, the term “subcontractor” is also applicable.

5.8 Management Reports and Plans

5.8.1 Monthly Financial Tracking Report (Deliverable 9). The Contractor shall provide a spreadsheet with detail of real time expenditure levels of every CLIN. The initial report is due 30 days after contract award and by the first of each month thereafter.

5.8.2 Results Status Report (Deliverable 10). The Contractor shall provide a weekly summary of all DCPH-A analysis currently being analyzed by the Contractor (to include analysis sent to the subcontractor). The summary shall be provided to the DCPH-A COR on the first business day each week and contain the following information at a minimum. If there are no samples in-house, there is no summary status report is required.

5.8.2.1 Outsource Sample Shipment Number

5.8.2.3 DCPH-Aberdeen assigned Contractor Due date.

5.8.2.4 Status of the Report – i.e., on-time, delayed, etc.

5.8.2.5 If the report will be provided after the DCPH-A assigned due date, a projected completion date must be provided.

PART 6

APPLICABLE PUBLICATIONS

6. Applicable Publications (Current Editions): The following publications, manuals, regulations, etc. are mentioned in this PWS and are listed below.

6.1 Department of Defense and Department of Energy Quality Systems Manual for Environmental Laboratories (most current version)

6.2 U.S. Environmental Protection Agency (EPA) Methods

6.3 ISO 17025 standard

6.4 DoD Quality System Manual (QSM)

6.5 Required Laboratory Certifications. The Contractor is required to have the following required Certifications:

International Organization for Standardization and the Electrotechnical Commission (IEC) ISO/IEC 17025 Accreditation (ISO/IEC) 17025:2017 General requirements for the competence of testing calibration laboratories. The Contractor must also have documentation that they have been assessed against and have demonstrated compliance to the 2016 TNI Environmental Testing Laboratory Standard.

Department of Defense (DoD) Environmental Laboratory Accreditation Program (ELAP) Ensures that laboratories performing environmental testing for the DoD meet strict quality assurance, data integrity, and technical competence standards when analyzing for example, soil, air, water for DoD contracts. DoD ELAP requires labs to follow the DoD Quality Systems Manual (QSM) and conform to ISO/IEC 17025 standards.

**only for the PFAS testing**

PART 7

ATTACHMENT AND TECHNICAL EXHIBIT LISTING

7. Attachment and Technical Exhibit List

7.1 Attachment 1 – Estimated Workload Data

7.2 Attachment 2 – Historical Workload Data

7.3 Attachment 3 – Non-Disclosure/Non-Use Statement

7.4 Technical Exhibit A – Deliverables Schedule

7.5 Technical Exhibit B – Chemical Parameters and Methods

7.6 Technical Exhibit C – General Quality Assurance/Quality Control Requirements

7.7 Technical Exhibit D – Required Compounds and Limits of Quantitation

7.8 Technical Exhibit E – Final Report and Electronic Data Deliverable (EDD) Requirements

ATTACHMENT 1: Estimated Workload

Description Method Estimated (MIN) Qty

Asbestos EPA 100.2 15 pH EPA 150.1 or SM 4500- H+B 5

Dioxin (2,3,7,8-TCDD only) EPA 1613B 50 Giardia/cryptosporidium EPA 1623 10 Pharmaceuticals and Personal Care Products (PPCP)

EPA 1694 or equivalent method 30

Turbidity EPA 180.1 (2.0) or SM 2130B 5

Calcium (Ca) EPA 200.7 10 Iron (Fe) EPA 200.7 10 Magnesium (Mg) EPA 200.7 10 Potassium (K) EPA 200.7 10 Sodium (Na) EPA 200.7 10 Aluminum (Al) EPA 200.7 or 200.8 10 Boron (B) EPA 200.7 or 200.8 10 Zinc (Zn) EPA 200.7 or 200.8 10 Antimony (Sb) EPA 200.8 10 Arsenic (As) EPA 200.8 10 Barium (Ba) EPA 200.8 10 Beryllium (Be) EPA 200.8 10 Cadmium (Cd) EPA 200.8 10 Chromium (Cr) EPA 200.8 10 Cobalt (Co) EPA 200.8 10 Copper (Cu) EPA 200.8 100 Lead (Pb) EPA 200.8 100 Lithium (Li) EPA 200.8 10 Manganese (Mn) EPA 200.8 10 Molybdenum (Mo) EPA 200.8 10 Nickel (Ni) EPA 200.8 10 Selenium (Se) EPA 200.8 10 Silver (Ag) EPA 200.8 10 Thallium (Tl) EPA 200.8 10 Uranium (U) EPA 200.8 10 Vanadium (V) EPA 200.8 10 Mercury (Hg) EPA 200.8 or 245.1 10 Sulfate (SO4) EPA 300.0 or 300.1 20 Anions (bundle of 3) EPA 300.0 or 300.1 25

Chloride EPA 300.0 or 300.1 20

Fluoride EPA 300.0 or 300.1 or

SM 4500 F-C 20

Nitrate-N (NO3-N) EPA 300.0 or 300.1 or EPA 353.2 or SM 4500

NO3

Nitrite-N (NO2-N) EPA 300.0 or 300.1 or EPA 353.2 or SM 4500

NO3

Nitrite/Nitrate-N (NO2NO3) EPA 300.0 or 300.1 or EPA 353.2 or SM 4500 NO3, or NECi N07-0003

Ortho Phosphate-P EPA 300.0 or 300.1 or

EPA 365.1 5

Chlorite EPA 300.0 or 317 (2.0) 25 Chlorate EPA 300.0 or 317 (2.0) 25 Bromate EPA 317 (2.0) 25 Bromate (with ferrous iron pretreatment) EPA 317 (2.0) 50

Perchlorate EPA 331 20 Cyanide, total (CN) EPA 335.4 50 Cyanide, free/available EPA 335.4 (OIA-1677) 250

Total Organic Carbon (TOC) EPA 415.3 (1.1) or SM 5310 B, C, or D or 9060A

EDB/DBCP EPA 504.1 5

PCBs (as Decachlorobiphenyl) EPA 508A 5 Herbicides, Regulated EPA 515.3, 515.4 5 Volatiles Organics EPA 524.2 5 Trihalomethanes/TTHMs EPA 524.2 5 Pesticides/SVOCs (state) EPA 525.2 (state) 25 Pesticides/SVOCs (regulated) EPA 525.2 (regulated) 50 PCBs (as Aroclors) EPA 505 75 UCMR Additional Cost per Sample N/A 5 Carbamates EPA 531.2 50

PFAS EPA 533 25

Perfluorinated Alkyl Substances (PFAS)/Perfluorinated Chemicals (PFCs)

EPA 537.1 25

Glyphosate/AMPA EPA 547 5 Glyphosate Only EPA 547 5 Endothall EPA 548.1 5 Diquat only EPA 549.2 5 Diquat/Paraquat EPA 549.2 30

Haloacetic Acids - HAA5 EPA 552.2 or 552.3 5 Color SM 2120B 20 Odor SM 2150B 20 Total Dissolved Solids (TDS) SM 2540C 25 Surfactants MBAS SM 5540C 5 Total Coliform (Quantitative) SM 9223B/Quantitray 5 E. Coli (Quantitative) SM 9223B/Quantitray 5

ATTACHMENT 2: Historical Workload Data

Method Description May 21 –

May 22 Total Sample

May 22 – May 23 Total Sample

May 23 – May 24 Total Sample

May 24 – May 25 Total Sample #

May 25 – July 25 Total Sample #

515.3 Herbicides 21 10 0 0 0

100.2 Asbestos 17 3 7 0 11

1613B Dioxins 43 34 307 36 47

200.7 Metals 9 8 0 5 35

200.8 Metals 905 21 0 5 11

300.0 Anions 102 162 23 23 22

317.0 Anions II 101 99 106 125 26

331.0 Perchlorate 50 66 60 54 16

504.1 EDP/DBCP/TCP 4 8 0 39 25

505 Pesticides/PCBS 52 48 97 241 70

525.2 Pesticides/SVOC 60 50 111 252 91

537 PFAS 2 1 13 8 21

549.2 Diquat 72 164 172 278 18

625.1 Phenols 0 0 2 2 0

8015C GRO 0 0 81 0 0

OI1677 Cyanide, Available 49 166 202 276 235

525.2 Semi-Volatiles 84 77 8 0 0

531.2 Carbamates 63 207 83 68 28

150.1 pH 0 1 0 0 0 1623 Cryptosporidium/

Giardia 37 9 43 21 0

180.1 Turbidity 12 0 0 0 0

245.1 Mercury 1 6 0 5 5

300.0 Fluoride 61 119 0 61 14

335.4 Cyanide, Total 69 59 37 46 46

350.1 Ammonia 0 7 0 0 0

353.2 Nitrite/Nitrate, Total 1 56 0 0 4

524.2 VOCs 24 2 0 46 4

525.3 Pesticides 6 0 0 0 0

530 SVOC 6 0 0 0 0

533 PFAS 0 0 51 129 49

537.1 PFAS 1618 1315 1424 161 13

541 Alcohols 6 0 0 0 0 547 Glyphosate 10 15 12 17 5

548.1 Endothal 21 0 0 47 0

552.2 Haloacetic Acids 0 36 0 0 0

552.3 Haloacetic Acids 3 31 0 0 0

SM2340B Hardness 1 0 0 0 0 SM5540C Surfactants 0 40 0 3 0 SM2120B Color 42 75 0 8 17 SM2150B Odor 39 74 0 8 17 SM2320B Alkalinity, total 8 0 0 0 0 SM2510B Conductivity 1 0 0 0 0 SM2450C Total Dissolved

Solids (TDS) 108 57 9 18 19

SM2540D Total Suspended Solids (TSS)

25 0 0 0 0

SM4500

F-C

Fluoride 0 1 0 55 13

SM4500-

S2 D

Total Sulfide 46 0 0 0 0

SM5310C Total Organic Carbon (TOC)

11 0 0 0 0

SM6251B HAA5 6 0 0 0 0

ATTACHMENT 3: Non-Disclosure/Non-Use Statement

Non-Disclosure Agreement for Contractor Employees and Subcontractors

I, , am an employee of or a subcontractor to [Company Name], a Contractor acting under contract to the U.S. Army Public Health Center under Prime Contract No. . I understand that in the performance of this task, I may have access to sensitive or proprietary business, technical, financial, and/or military sensitive information belonging to the Government or other Contractors.

This information includes, but is not limited to, cost/ pricing data; contracting plans and statements of work. I agree not to use, discuss, divulge, or disclose any such information or data to any person or entity except those persons directly concerned with the use or performance of this delivery order. I have been advised that the unauthorized disclosure, use or negligent handling of the information by me could cause irreparable injury to the owner of the information. The injury could be source sensitive procurement information of the government or proprietary/trade secret information of another company.

I understand that the United States Government may seek any remedy available to it to enforce this Agreement, including, but not limited to, application for a court order prohibiting disclosure of information in breach of this agreement. Court costs and reasonable attorney fees incurred by the United States Government may be assessed against me if I lose such action. I understand that another company might file a separate claim against me if I have misused its proprietary information.

In the event that I seek other employment, I will reveal to any prospective employer the continuing obligation in this agreement prior to accepting any employment offer.

The obligations imposed herein do not extend to information/data which is in the public domain at the time of receipt or it came into the public domain thereafter through no act of mine;

a. disclosed with the prior written approval of the designated Contracting Officer;

b. demonstrated to have been developed by [Company Name], or independently.

c. pursuant to court order, after notification to the designated Contracting Officer;

d. disclosed inadvertently despite the exercise of the same reasonable degree of care a party normally uses to protect its own proprietary information.

I have read this agreement carefully and my questions, if any, have been answered to my satisfaction.

(Printed Name of Employee or Subcontractor) Date

(Signature) Organization

(Signature of Corporate Official) Date

(Printed Name of Corporate Official) (Printed Title – Task Manager or higher)

TECHNICAL EXHIBIT A

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Curriculum Vitea’s for Key Personnel (paragraph 1.10)

With proposal to solicitation and post award as required.

One each to the CO and

COR.

Electronic delivery via email using Microsoft Office Products.

To the CO and COR

Non- Disclosure Statements (paragraph 1.18)

Prior to commencement of work under the contract.

One each to the COR.

Electronic delivery via email using

To the COR

Anti-Terrorism (AT) Level 1

INITIAL

Training Certificates (paragraph 1.23.1)

Completion of the training within 15 calendar days after contract start date and certificate submitted within 30 calendar days after training completion.

One each to the COR.

Electronic delivery via email using

Anti-Terrorism (AT) Level 1

REFRESHER

Training Certificates (paragraph 1.23.1)

Completion of the training every 12 months and certificate submitted within 30 calendar days after training completion.

One each to the COR.

Electronic delivery via email using iWatch Training…