B.08.02 Combined Solicitation 23T0002.pdf

W912DR-23-T-0002 – Master Blanket Purchase Agreements (BPAs)

The United States Army Corps of Engineers, Baltimore District, is looking to establish a minimum of 5 Master Blanket Purchase Agreements (BPAs) under FAR PART 13 for environmental sample analyses and Quality Assurance/ Quality Control support activities to assure proper usability of defensible laboratory data.

This notice constitutes the only announcement. Responses to this announcement are requested. In order to be considered for a Master BPA, a firm shall communicate their interest and capability by responding with the requested information set forth in the attached document W912DR23T0002.

DISCLAIMER: The Government is not liable for information furnished by any other source. This will normally be the only method of distributing information. Therefore, it is the responsibility of any interested parties to check the website periodically for any further postings. Websites are occasionally inaccessible due to various reasons. The Government is not responsible for any loss of internet connectivity or for inabilities to access the documents posted on the referenced web pages.

Interested parties should refresh the page periodically when accessing. The government will not issue paper copies.

Section A

The U.S. Army Corps of Engineers (USACE), Baltimore District requires a service contract to ensure continuity of restoration activities under several environmental regulatory programs. The analytical testing of various environmental samples is often a significant part of these activities. A process or system of known quality to withstand scientific and legal challenge relative to its intended purpose must produce the data. To give the USACE programs the greatest flexibility in the execution of its projects, the SW-846 methods, as published by the USEPA, are generally the methods employed for the analytical testing of environmental samples. SW-846 is a dynamic document that is subject to change as new information and data are developed to support changes in the regulatory program and to improve method performance. Any of the promulgated (latest revision) or Draft SW- 846 Methods may be requested by the USACE Baltimore District to support specific project requirements.

Depending on the project objectives and environmental program for which samples are being collected for analysis, other EPA methods that may be requested are those methods under the authority of the Clean Water Act (CWA), Compendium of Methods for the Determination of Toxic Organic Compounds in Ambient Air -Second Edition (Methods TO-14A and TO-15 in particular), DOE Methods, or other EPA Methods and Standard Methods may be requested to be performed on the environmental samples submitted.

The is full and open competition. All responsible, qualified businesses may submit an offer which will be considered by the Baltimore District Corps of Engineers. The North American Industry Classification System (NAICS) code is 541380 size standards of $16,500,000. Offerors shall be registered at the System for Award Management (www.sam.gov) to be eligible for award. To register you will need your UEI number. https://www.sam.gov/portal/public/SAM. Instructions for registering are on the website.

The Contractor shall provide all necessary equipment, staff, labor, supervision, materials, equipment, and supplies to complete the Project.

All questions shall be submitted via e-mail to Nastashia.d.willoughby@usace.army.mil no Later than Thursday, March 9, 2023 11:00 AM EST.

Section B - Supplies or Services and Prices

Contractor shall be required to perform work described in the Blanket Purchase Agreement Statement of Work

Pricing – See the attached Bid Schedule (J-3 Bid Schedule)

Section C – Descriptions and Specifications

STATEMENT OF WORK

Analytical Chemistry Laboratory Services for Environmental Samples USACE, Baltimore District

Introduction

This Statement of Work (SOW) describes and outlines the analytical chemistry services required by the U.S. Army Corps of Engineers (USACE), Baltimore District in performance of environmental samples analyses and all Quality Assurance/Quality Control (QA/QC) support activities to assure proper usability of defensible laboratory data.

Data Needs and Objectives

The USACE currently executes restoration activities under several environmental regulatory programs. The analytical testing of various environmental samples is often a significant part of these activities. A process or system of known quality to withstand scientific and legal challenge relative to its intended purpose must produce the data. To give the USACE programs the greatest flexibility in the execution of its projects, the SW-846 methods, as published by the USEPA, are generally the methods employed for the analytical testing of environmental samples. SW-846 is a dynamic document that is subject to change as new information and data are developed to support changes in the regulatory program and to improve method performance. Any of the promulgated (latest revision) or Draft SW-846 Methods may be requested by the USACE Baltimore District to support specific project requirements.

Depending on the project objectives and environmental program for which samples are being collected for analysis, other EPA methods that may be requested are those methods under the authority of the Clean Water Act (CWA), Compendium of Methods for the Determination of Toxic Organic Compounds in Ambient Air -Second Edition (Methods TO-14A and TO-15 in particular), DOE Methods, or other EPA Methods and Standard Methods may be requested to be performed on the environmental samples submitted.

Requirements for Sample Analyses

Environmental laboratory services are to be provided only by laboratories compliant with the most recent published version of the Department of Defense (DoD) Quality Systems Manual (QSM) for Environmental Laboratories, currently version 5.4; October 2021, and hold a current DoD Environmental Laboratory Accreditation Program (ELAP) accreditation for all appropriate fields-of-testing. As requested by the COR, the laboratory shall submit, in a timely manner the ELAP Accreditation Letter and list of approved chemical analytical methods. An environmental laboratory both anticipating, or engaged in support of USACE contracts, shall notify the COR immediately of change in status of laboratory operations that may affect on-going compliance with these requirements. The USACE COR may, at any time, conduct audits (including requests for pertinent data or information) that support an environmental laboratory's DoD ELAP accreditation. If the COR finds the laboratory non-compliant; alternate, compliant laboratory services will be utilized, until such time as compliance is again demonstrated. Before performing environmental testing for USACE, the laboratory shall have access to the approved Quality Assurance Project Plan (QAPP) or approved workplan.

The analytical testing of environmental samples must be conducted in accordance with the specified method and in compliance with the analytical QA/QC requirements specified in the latest version of the DoD QSM.

The costs associated with analyzing the laboratory QA/QC samples specified by the method and the DoD QSM are to be included in the unit price charged for that method. The contract lab shall not charge for laboratory QA/QC samples as separate costs (i.e., method blanks, Laboratory Control Standard (LCS), Laboratory Control Standard Duplicate, or other laboratory performance type samples required by the method).

All analyses must be performed within the maximum allowable holding time specified by the applicable method or by EPA regulation. Preservation and storage requirements from EPA methods must also be followed.

Unit prices are based on a standard twenty-one (21) to twenty-eight (28) day sample turn-around time. A written chemistry data report and an electronic data deliverable (EDD) of the analytical test results, along with all applicable laboratory QA/QC data, must be produced WITHIN TWENTY- ONE (21) DAYS after receipt of the sample in the laboratory. Unit prices may also be requested for accelerated turn-around times of two weeks, one week, and one day (if applicable). Exceedances of more than one week shall result in the Government reducing the contract price or fee payable under the contract.

Analytical methods, which the laboratory does not have the capability to perform in-house, can be subcontracted to another laboratory (except Method 8330B-Appendix A) and will be identified as such on the project price quotations submitted. The subcontracted laboratory must meet the same accreditation guidelines as the contract laboratory.

The laboratory shall include all required sample bottles and containers as well as coolers for field collection of the environmental sample media and shipment to the laboratory.

Incremental Sampling Methodology Soil Samples

Soil samples will be collected in the field from various Military Munitions Response Program (MMRP) sites using Incremental Sampling Methodology (ISM) and analysis for metals and SVOCs which will require sample processing as specified in Method 8330B - Appendix A (Collecting and Processing of Representative Samples for Energetic Residues in Solid Matrices from Military Training Ranges). Grinding of the soil sample is to be done by using a Puck Mill grinder. Then followed by analytical prep and analysis to be performed by Method 3050/3051 (for metals digestions) and Method 6010/6020 (for metals analysis); Method 3540/3550/3541 (for SVOC extraction) and Method 8270 (for SVOC analysis). The soil samples may also require sample processing, extraction and analysis for explosives following Method 8330B, including Appendix A.

The lab shall provide their SOP detailing the soil sample processing in addition to the extraction/digestion and analysis procedures in accordance with the most recent Interstate Technology & Regulatory Council ISM guidance document.

QC Checks of Known Composition Samples

The Contractor shall perform chemical analyses in accordance with the requirements established within the specified method and the DoD QSM. When the QC checks of an interference-free or known composition samples do not meet these standards/requirements, corrective action must be taken through proper application of the inspection and services clause. Corrective action may include resampling, repreparation, and/or reanalysis of the affected samples at no additional cost to the government. If the Contractor fails to promptly perform the required corrective actions, or when the failure cannot be corrected by reperformance, the Government may reduce the contract price or fee payable under the contract to reflect the reduced value of services performed. Continued failure to perform chemical analyses in accordance with these standards/requirements may result in termination of the contract for default.

Reporting Requirements

The chemistry data package should contain enough information to demonstrate that the project’s data quality objectives (DQOs) have been fulfilled. In general, the type of data package required will be a Definitive Type data package to include the reporting elements as outlined in the DoD QSM v5.4, Appendix A. If a Third-Party Review of the analytical data will be performed, the additional data elements listed in Appendix A, Section 7 (Data Reports for Third Party Review or Validation) of the DOD QSM v5.4 will be included (equivalent to EPA-CLP Data Package). The Laboratory Data Report Package Report shall be reported as a hard copy electronic deliverable, generated from the same electronic database, with no discrepancies between the two. A copy of the DoD QSM can be accessed from this web link: https://authoring.denix.osd.mil/edqw/documents/manuals/qsm-version-5-4-final/.

If the contracted project is for a formerly used defense site (FUDS) then the contracted laboratory must adhere to FUDSCHEM (Formerly Used Defense Site chemical database) procedures and upload data directly to FUDSCHEM in addition to the copies described above.

Content from DoD QSM v5.4, Appendix A is listed below:

In the absence of client specified reporting criteria, the reporting requirements outlined below shall be used for hard-copy data reports or electronic versions of hard-copy data (such as pdf). They include mandatory requirements for all printed data reports, and requirements for data reports requiring third party data review or validation. Optional reporting requirements are those that may be required by a specific project, depending upon their needs. The following elements are required:

cover sheet, table of contents, case narrative, analytical results, sample management records, and QA/QC information.

Information for third-party review may be required depending on project-specific requirements or the method being used.

Cover Sheet

The cover sheet shall specify the following information:

Title of report (i.e., test report, test certificate);

Name and location of laboratory (to include a point of contact, phone and facsimile numbers, and e-mail address);

Name and location of any subcontractor laboratories, and appropriate test method performed

(information can also be located in the case narrative as an alternative);

Unique identification of the report (such as serial number);

Client name and address;

Project name and site location;

Statement of data authenticity and official signature and title of person authorizing report release;

Amendments to previously released reports that clearly identify the serial number for the previous report and state the reason(s) for reissuance of the report; and Total number of pages.

Table of Contents

Laboratory data packages shall be organized in a format that allows for easy identification and retrieval of information. An index or table of contents shall be included for this purpose.

Case Narrative

A case narrative shall be included in each report. The purpose of the case narrative is to:

Describe all abnormalities and deviations that may affect the analytical results;

Summarize any issues in the data package that need to be highlighted for the data user to help them assess the usability of the data; and Provide a summary of samples included in the report with the methods employed in order to assist the user in interpretation.

The case narrative shall provide (information need not be repeated if noted elsewhere in the data package):

A table(s) summarizing samples received, providing a correlation between field sample numbers and laboratory sample numbers, and identifying which analytical, preparation, and clean-up methods were performed. If multiple laboratories performed analyses, the name and location of each laboratory shall be associated with each sample;

A list of samples that were received but not analyzed;

Date of samples received;

Sample preservation or condition at receipt;

A description of extractions or analyses that are performed out of holding times;

A definition of all data qualifiers or flags used;

Identification of deviations of any calibration standards or QC sample results from appropriate acceptance limits and a discussion of the associated corrective actions taken by the laboratory;

Identification of multiple sample runs with reason(s) identified (e.g., dilutions or multiple cleanups);

Identification of samples and analytes for which manual integration was necessary; and Appropriate notation of any other factors that could affect the sample results (e.g., air bubbles in volatile organic compounds (VOC) sample vials, excess headspace in soil VOC containers, the presence of multiple phases, sample temperature or pH excursions, and container type or volume).

Analytical Results

The results for each sample shall contain the following information at a minimum (information need not be repeated if noted elsewhere in the data package):

Project name and site location;

Field sample ID number as written on custody form;

Laboratory sample ID number;

Preparation batch number(s);

Matrix (soil, water, oil, air, etc.);

Date and time sample collected;

Date and time sample prepared;

Date and time sample analyzed;

Method numbers for all preparation, cleanup, and analysis procedures employed;

Analyte or parameter with the Chemical Abstracts Service (CAS) Registry Number if available;

Sample aliquot analyzed;

Final extract volume;

Identification of analytes in which manual integration occurred, including the cause and justification;

Analytical results with correct number of significant figures;

Detection Limit (DL), Limit of Detection (LOD), and Limit of Quantitation (LOQ) associated with sample results and adjusted for sample-specific factors (e.g., aliquot size, dilution/concentration factors, and moisture content);

Any data qualifiers assigned;

Concentration units;

Dilution factors;

All multiple sample run results shall be reported;

Percent moisture or percent solids (all soils are to be reported on a dry weight basis); and Statements of the estimated uncertainty of test results (optional).

Sample Management Records

Sample Management records shall include the documentation accompanying the samples, such as:

Chain-of-custody records;

Shipping documents;

Records generated by the laboratory which detail the condition of the samples upon receipt at the laboratory (e.g., sample cooler receipt forms, cooler temperature, and sample pH);

Telephone conversation or e-mail records associated with actions taken or quality issues;

and

Records of sample compositing done by the laboratory.

QA/QC Information

The minimum laboratory internal QC data package shall include:

Method blank results;

Percent recoveries for Laboratory Control Sample (LCS), Laboratory Control Sample

Duplicates (LCSD), Matrix spike (MS), and Matrix Spike Duplicates (MSD);

MSD or matrix duplicate Relative percent differences (RPD);

Surrogate percent recoveries;

Tracer recoveries;

Spike concentrations for LCS, MS, and surrogates;

QC acceptance criteria for LCS, MS, surrogates;

Post-Digestion Spike (PDS) recoveries;

In-house or project specified LCS control limits, as applicable;

Serial dilutions (SD) percent difference; and Batch numbers (preparation, analysis, and cleanup).

Data Reports for Third Party Review or Validation

The data validation guidelines established in other Department of Defense/Department of Energy guidance or project-specific guidelines may have distinct reporting formats. The appropriate QAPP should be consulted to determine what type (stage) of data package is required. DoD data validation guidelines defines the minimum reporting requirements for each stage (formerly level) of data package as outlined below.

A cover sheet, table of contents, and case narrative including all of the information specified in the above sections are required for all stages of data reports.

Stage 1: Analytical results, Sample Management Records.

Stage 2: Stage 1 reporting requirements plus QA/QC Information, Instrument QA/QC

Information, Instrument and Preparation logs.

Stage 3: Stage 2 reporting requirements plus Instrument Quantitation Reports.

Stage 4: Stage 3 reporting requirements plus Instrument Chromatograms and Spectra.

In addition, standards traceability should be included in Stages 3 and 4 if a legal chain of custody is required.

Requirements for Electronic Data Deliverables

Electronic data deliverables (EDDs) may be specified either in addition to or in lieu of hard copy requirements. EDDs shall contain the same information as described for the hard copy deliverables.

The complete set of rules for representing these data in a form suitable for transmission is called an EDD format. EDDs should: (1) use a common syntax for terms used to describe diverse laboratory activities and report analytical data; and (2) provide sufficient input parameters to allow users to link analytical data to underlying laboratory activities, provide full traceability for data, and a means for reporting complex analytical relationships.

The USACE, Baltimore District will require an EDD in one or more of the following formats (dependent upon project and client requirements):

Staged Electronic Data Deliverable (SEDD) - see Section 5.1 for additional details.

Automated Data Review (ADR) using ADR.Net version. For FUDS Projects use the

FUDSCHEM web page for chemical data upload and review in addition to a digital copy of the EDD in excel format.

Excel Tabulated Spreadsheet (listed per test parameter/method Sample ID, Sample/Analysis Dates and Time, analyte name, concentration, detection limits, spike sample recoveries and any associated sample data qualifier flags).

SEDD

The SEDD is designed to provide a uniform electronic format for submission of analytical data from laboratories. ADR software (ADR.Net and FUDSCHEM versions) is a program designed to electronically review chemistry analytical data received in the SEDD format. Use of the latest version of ADR is online through use of ADR.Net (Laboratory Data Consultants, Inc.).

5.1.1 For all chemistry analytical services procured through the primary contracted laboratory or through a subcontracted laboratory under this contract, the laboratory shall report data using the SEDD format (latest version) when requested. The minimum requirement for the laboratory is the delivery of a SEDD Stage 2a deliverable. Electronic deliverables meeting SEDD Stage 2b and Stage 3 requirements are requested if the laboratory has the capability.

Data from microbiological, physical and bioassay tests are not required to be delivered in the SEDD format.

5.1.2 Once the SEDD electronic data files have been received from the laboratory, the USACE project chemist will electronically review the files using qualified personnel to check project data quality requirements using the US Army Corps of Engineers ADR software (ADR.Net version) or through FUDCHEM. A comprehensive ADR Project Library file for all of the methods to be analyzed on the project will be developed by USACE in conjunction with the laboratory. The ADR Project Library file will accurately reflect all of the analytical data quality requirements as documented in the Final Project QAPP. The ADR Project Library File will be provided to the contract laboratory for use in screening the SEDD submittals.

5.1.3 The contract laboratory is required to check the integrity of the SEDD using the Contract

Compliance Screening (CCS) tool contained in ADR (Laboratory Version; user license can be obtained from Laboratory Data Consultants, Inc. at a reduced rate for USACE work) against the ADR Project Library. EDD non-conformances generated by ADR that the laboratory is responsible for will be corrected at the laboratory, a new SEDD file resubmitted and reviewed again. The laboratory will address via a brief explanation in the Non-Conformance Log any non-conformance that is not within their control.

Laboratory Submittals: A complete laboratory SEDD submittal shall include (but not be limited to) the following files:

ADR Project Library File (ADR eQAPP) Document Type Definition (DTD) file SEDD Stage 2a or 2b file Post-review ADR.net files Annotated Non-Conformance Log

5.1.4 All electronic data submitted by the contract laboratory is required to be error-free, and in complete agreement with the hardcopy (pdf file) data. Data files are to be delivered electronically. The disk must be submitted with a transmittal letter from the laboratory that certifies that the EDD file is in agreement with hardcopy data reports and has been found to be free of errors using the latest version of the ADR evaluation software. The contract laboratory, at their cost, will correct any errors identified by the USACE, Baltimore District.

5.1.5 If a SEDD file is submitted by the laboratory and still contains unresolved non-conformances, which the laboratory is responsible for correcting, then that SEDD will be returned for a corrected version to be re-submitted. The corrected version should be re-submitted to the USACE, Baltimore District within 48 hours (or two working days) after receipt/notification of the unusable EDD file. More than one occurrence of a SEDD rejection and return to the lab due to an improperly formatted or unusable EDD shall result in a reduction in the contract price or fee payable under the contract to reflect the reduced value of services performed.

5.1.6 Information on SEDD can be obtained by going to the EPA's Forum on Environmental

Measurements web site at https://www.epa.gov/clp/staged-electronic-data-deliverable-sedd.

ADR Electronic Data Deliverable

The USACE also uses an EDD software application known as ADR. This software was developed for USACE by Laboratory Data Consultants, Inc. (LDC), and is available for use by all USACE Districts. The latest version of ADR is through use of ADR.Net. The ADR application verifies compliance of laboratory data against EDD specifications. The ADR EDD will undergo the same electronic review process as done for the SEDD and outlined in paragraphs 5.1.2 through 5.1.5 with the same requirements to be met by the laboratory. For questions regarding license fees, installation and use of ADR.Net, contact the following individual at Laboratory Data Consultants: Mr. Richard Amano (President/Principal Chemist) at 760-827-1100.

Deliverables

The Laboratory will upload the deliverables to their portal page which will allow USACE to activate all project files. Laboratories should keep these files on their portal for a minimum of 5 years. If there is no portal, USACE will provide a DoD SAFE link to the laboratory if the files are too large to email.

Archiving Laboratory Data

Laboratories shall archive all analytical data for a minimum of five (5) years.

Storage of Samples

Laboratories shall store all samples for 60 days after testing and all costs for storage are to be included in the unit cost of analysis per matrix.

Manpower Reporting

(a) Scope. The following sets forth contractual requirements for reporting of contractor labor work year equivalents (also called Contractor Man-year Equivalents [CMEs]) in support of the Army, pursuant to 10 U.S.C.129a, 10 U.S.C.2461(g), Section 343 of P.L.106-65, and 32 CFR 668.

Reporting shall be accomplished electronically by direct contractor submission to the secure Army Web Site: https://cmra.army.mil. Information on the background, purposes, and significance of this reporting requirement, and the 32 CFR 668 Final Rule as published in the Federal Register, can be found at this Web Site. In addition, a Help Desk function, detailed instructions on what and how to report, FAQs, and a site demonstration are available. The Army’s objective is to collect as much significant CME data as possible to allow accurate reporting to Congress and for effective Army planning. The reporting data elements should not be viewed as an "all or nothing" requirement. Even partial reporting, e.g., direct labor hours, appropriation data, place of performance, Army customer, etc., will be helpful.

Screening

Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

SPECIAL CONDITIONS

Section F – Deliveries of Performance

The Period of Performance will be five years from the Date of Award.

Section G – Contract Administrative Data

Billing Instructions:

INVOICES AND PAYMENT

Invoices shall be submitted via electronic mail to the following addresses:

Kiera.M.Hearn@usace.army.mil Constantine.J.Ditsious@usace.army.mil

Contractual payment will be made within the timeframe allowed by federal law (currently 30 days after receipt of a properly completed invoice).

Contracting Officer Statement

Only a warranted Contracting Officer (either a Contracting Officer or an Administrative Contracting Officer (ACO)), acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor’s own risk.

Section H – Special Contract Requirements

ANTITERRORISM/OPERATIONS SECURITIES-OPSEC

A. Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes

B. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

C. Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 Alt I System for Award Management-- Alternate I OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.211-17 Delivery of Excess Quantities SEP 1989

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2021

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-1 Payments APR 1984

52.232-18 Availability Of Funds APR 1984

52.232-23 Assignment Of Claims MAY 2014

52.232-25 Prompt Payment JAN 2017

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes--Fixed Price AUG 1987

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-16 Responsibility For Supplies APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services JAN 2021

252.204-7022 Expediting Contract Closeout MAY 2021

252.211-7003 Item Unique Identification and Valuation MAR 2022

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022

252.225-7048 Export-Controlled Items JUN 2013

252.226-7002 Represenation for Demonstration Project for Contractors

Employing Persons with Disabilities DEC 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.246-7003 Notification of Potential Safety Issues JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)

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

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

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

X (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting 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 (July 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).

____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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 (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

____ (ii) Alternate I (March 2, 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.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

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 (July 2013) (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] (14)(i) 52.219-6, Notice of Total Small Business Set-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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

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

X (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting 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 (July 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)).

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

____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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 (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

____ (ii) Alternate I (March 2, 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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

____ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

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

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

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

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

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

____ (ii) Alternate I (OCT 2015) of 52.223-13.

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

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

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

____ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).

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

____ (ii) Alternate I (JAN 2017) of 52.224-3.

X (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____(49) (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.

X (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 X (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

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

____ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

____ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

____ (62)(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.

(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).

X (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

X (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) (MAY 2014) (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).

X (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).

_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(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,…