COMBINED SYNOPSIS-SOL Lab Analysis FINAL.pdf

COMBINED SYNOPSIS/SOLICITATION FOR

LABORATORY ANALYTICAL SERVICES

General Information

Document Type:

Solicitation Number:

Questions Submitted by:

Posted Date:

Response Date:

Product Service Code:

Set Aside:

NAICS Code:

Combined Synopsis/Solicitation

W911RQ23R0077

3 Aug 2023 26 Jul 2023 9 Aug 2023 F107 100% Small Business 541380

Contracting Office Address Red River Army Depot 100 James Carlow Dr.

Texarkana, TX

Description This is a combined synopsis/solicitation for commercial Laboratory Analytical Services at Red River Army Depot (RRAD). The industrial activities at RRAD generate significant quantities of hazardous and non-hazardous waste associated with metal cleaning, painting, de-painting, and electroplating. Wastes generated at RRAD are State and Federal regulated and listed on a Notice of Registration (NOR) with the State of Texas Regulatory Agency. This is prepared in accordance with the format in Federal Acquisition Regulation (FAR) 13.5 and (FAR) 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotes are being requested.

The associated North American Industry Classification System (NAICS) code is 541380, with a small business size standard of $19.0. The product service code is F107. The Government will award a Firm‐Fixed Price (FFP) Contract. The contract will have a base year and two option years, each consisting of 12 months each.

Award will be made to the responsible offeror whose quote, conforming to the synopsis/solicitation, will be most advantageous to the Government (as determined by the solicitation evaluation criteria).

Performance Work Statement (PWS)

DESCRIPTION OF WORK REQUIRED:

https://www.acquisition.gov/far/part-12#FAR_Subpart_12_6 https://www.acquisition.gov/far/part-12#FAR_Subpart_12_6

The contractor shall preform acquisition of analytical services for RRAD, for the chemical and/or biological analysis of soils, sediments, sludge’s, ground waters, surface waters and other materials required for identification, classification, quantification, and other environmental compliance purposes.

The contractor shall furnish all labor, tools, equipment, and materials to provide Environmental Laboratory Testing Services to obtain technically valid and legally defensible environmental analytical data if and when requested by the RRAD. All work shall be done in accordance with the attached terms and provisions. It is understood that no one lab will always be capable of performing all requested analyses. The contractor may subcontract analyses; however, subcontracted labs must meet quality and all applicable certification requirements.

It is the contractor’s responsibility to report to RRAD with all equipment and paperwork necessary to perform the services listed in this PWS. It is also the contractor’s responsibility to report on-site on the time and dates for each week.

RRAD reserves the right at any time to conduct an onsite visit of all laboratories. RRAD also reserves the right at any time to review personnel training records regarding sample handling and testing procedures.

CERTIFICATION AND ACCREDITATION REQUIREMENTS FOR EACH

LABORATORY

All laboratories shall hold current accreditations for all appropriate fields-of-testing. This is accomplished by the laboratory holding a current National Environmental Laboratory Accreditation Program (NELAP) accreditation for all appropriate fields-of-testing.

Verification of current accreditation/certification for the applicable fields of testing shall be submitted with the contractor’s bid proposal and yearly afterwards. In addition, RRAD must be notified immediately of any loss of NELAP certification. All laboratories must demonstrate the ability to generate acceptable results from the analysis of proficiency-testing (PT) sample(s), subject to availability, using each applicable method in the specified matrix.

PROJECT MANAGER

Contractor shall provide a designated representative and/or Project Manager who shall be responsible for the performance of the work under this contract. The name and phone number of this person shall be designated in writing to the Contracting Officer, RRAD. The designated representative shall be available in person or by telephone during duty hours. to discuss any problem areas, oversight of all work performance and interaction with designated Government personnel. The Project Manager must have full authority to act for the contractor on all matters pertaining to the performance of this contract.

ANALYTICAL PROTOCOLS

The United States Environmental Protection Agency (USEPA) approved sampling methods following the most recent version of Test Methods for Evaluating Solid Waste, (SW-846), will be used to provide definitive-level quantitative analytical data that will meet the applicable or relevant and appropriate requirements. Whenever these methods are used, the requirements and procedures of the applicable chapter SW-846 to the method being used shall also be followed as applicable to performance of laboratory work. Many aspects of the procedures specified by SW-846 are ambiguous or offer alternatives for choices of action. The laboratory shall receive approval from the RRAD designated authority prior to conducting any analysis by any means other than the listed method in SW-846 or utilizing any alternative means for analysis. When samples require analyses that do not need to follow SW-846 all methods will meet the most recent Method Update Rule from the EPA website at Basic Information about How to Use SW-846 | US EPA and Validated Test Methods Recommended for Waste Testing | US EPA.

METHOD PERFORMANCE

For each method performed, the contractor shall maintain documentation that demonstrates the lab's performance of the method within sensitivity and precision/bias as stated in the published method to include a detection limit (DL) study for each matrix, determine an appropriate limit of quantization (LOQ) and limit of detection (LOD) for each compound and matrix based upon the calculated DL, demonstrate precision and bias of the method by analyzing laboratory control samples and other QC check samples; and the contractor shall have, in-house, the appropriate standards for all target analyses.

LABORATORY SAMPLE HANDLING REQUIREMENTS:

SAMPLE PICKUP AND RECEIPT

The contractors receiving laboratory’s chain-of-custody, sample storage, and distribution for analysis shall be documented per specific laboratory standard operating procedures (SOPs) and NELAP requirements. The chain-of-custody form, any shipping documents, completed cooler receipt forms, telephone conversation record forms, and any corrective action forms will be maintained by the laboratory for each shipment and included in the reporting package when the results are submitted. Samples will be picked up on a weekly basis. RRAD and the successful contractor will determine a set day(s) of the week when samples can be routinely requested for pick up for transport without additional costs. The contractor must provide a same day or next day pick up for time critical analytical or special samples.

SAMPLE SECURITY AND TRACKING

The laboratory shall maintain the integrity of the samples received, their associated extracts, and the data generated. The laboratory should maintain sample and extract chain-of-custody within the laboratory at all times through the use of appropriate documentation and forms.

SAMPLE HOLDING TIMES

Sample holding times shall be in accordance with each test method used for each sample. The contractor shall maintain documentation that clearly indicates the dates and times for all sample handling/manipulation processes. Samples should be analyzed as soon as possible after sample collection. Published holding times are generally considered maximum times that sample may be held before analysis and still be considered compliant with method guidelines. Sample results will be delivered to RRAD within no more than 21 days from receipt of sample.

SAMPLE STORAGE AND DISPOSAL

The laboratory is responsible for the disposal of the samples and their associated extracts in compliance with all federal, state, and local regulations.

DATA REPORTING:

The contractor’s analytics for an analysis shall be identified within the analysis documents.

REPORTING DETECTED CONCENTRATIONS

All detected concentrations shall be reported as actual detected values corrected for % moisture (dry-weight) for soil samples and corrected for any sample dilutions for both solid and liquid matrixes. The sample dilution factor (DF) shall be clearly reported with each project sample.

REPORTING NON-DETECTED CONCENTRATIONS

In general, non-detected concentrations should be reported as "<X," or "XU" where "X" denotes some numerical value and "U" represents a data qualifier for "not detected."

When non-detected concentrations are reported as "ND," the term "ND" should be assigned a numerical value for each target analyte based on the DOD QSM requirement to report the data using the LOQ or the reporting limit (RL). LOQ or RL values should also be corrected for % moisture and sample dilution factors as described above. This non-detect value must be reported as < (less than) the reporting limit for that analysis (analyte).

SECURITY REQUIREMENTS:

Contractor employees shall have a valid and current State Driver’s License. All vehicles entering RRAD shall have a valid and current vehicle registration during the time the vehicle is in use on the installation.

Contractor personnel or any representative of the contractor entering RRAD or any of its interiorly secured areas shall abide by all security procedures and shall be subject to security searches or inspections at any time.

WORK SCHEDULE & WORK HOURS:

When a Federal holiday falls on a Sunday, the following Monday will be observed.

When a holiday falls on a Friday or Saturday, the preceding Thursday is observed as that holiday. Normal business work hours at RRAD will be Monday thru Thursday, 6:15 a.m. to 4:45 p.m. Central Standard Time. All work scheduled will be performed during normal business hours.

Analysis Name Analysis Method Amount

Requested per Year

Base Year Option 1 Option 2

TCLP RCRA 11 METALS SW-846 6020B 80

VOLATILES (VOC) BY GC/MS SW-846 8260B 80

SEMI-VOLATILE BY GC/MS SW-846 8270D 30

TPH 1500 TCEQ 1005 40

TNRCC C6 TO C35 1006 TCEQ 1006 20

SOIL VOC 5035A SW-846 5035A 20

FLASH POINT SW-846 1010A 50

IGNITABILITY SW-846 1030 50

pH (SOLID) SW-846 9045D 50 pH (LIQUID) SW-846 9040C 50

PCB SW-846 8082A 10

BTEX SW-846 8021B 10

PFAS Liquid (Waste) SW-846 8327 20 PFAS Solid (Waste) Draft SW-846 1633 20

Total Coliform SM-9223B 38 E. coli SM-9223B 38 Enterococci - E.coli (MBN) SM-9251B 5

Lead SW-846 6020B 25 Asbestos EPA 600/R-93/116 25

Metals by ICP-OES/MS EPA 200.7/200.8 50 Cyanide ASTM D7511-12 50 Total Phosphate EPA 356.3 20 Hg EPA 245.1 & SW 7470A 30

COD EPA 410.4 15

TCLP RCRA 11 METALS SW-846 6020A 16

Corrosivity (Solids by pH) SW-846 9045D 16 Sulfide Screen ASTM D 4978-95/SW 9031 16 Ignitability EPA 1030 16 Sulfur EPA 6010C 16 Antimony, Total EPA 6020A 16 Beryllium, Total EPA 6020A 16 Nickel, Total EPA 6020A 16 TCLP Mercury EPA 7470A 16 2-Methylnaphthalene EPA 8270C 16 Reactive Cyanide (Total) EPA 9014 MOD 16 Soil pH measued in water EPA 9045D 16 Sulfate (water extractable) EPA 9056 16 Moisture SM2540 G-1997 16 Total Solids SM2540 G-1997/MOD 16 Metals Digestion TCLP Extract EPA 3005A 16 Sonic Extraction EPA 3550B 16 Metal Digestion TCLP 7470 EPA 7470A 16 PAH Hydrocarbons by GC/MS EPA 8270C 16 Reactivity Distillation EPA 9010 C MOD 16 Water Extract-Ion Chromatography EPA 9056 16

Unplanned Emergency Labs 10

Total samples Labs total

CLIN Group Hazardous Waste (3L600)

CLIN Group Drinking Water and Beach Samples (3L700)

CLIN Group MISC Waste (3L700)

CLIN Group Storm Water (3L700)

CLIN Group Solid Waste (3L700)

Place of Performance Red River Army Depot 100 James Carlow Dr Building 427 Texarkana, TX

Award will be made to the offeror who quotes the best value to the government. The government will evaluate information based on the following evaluation criteria:

technical capability, past performance, and price.

ANTI-TERRORISM (AT) LEVEL I TRAINING REQUIREMENT (JUN 2012) (TACOM)

All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete AT Level I awareness training within 60 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. 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 60 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jko.jten.mil/courses/AT-level1/launch.html iWATCH TRAINING (JUN 2012) (TACOM) The contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity Anti-Terrorism Officer (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 60 calendar days of contract award and within 60 calendar days of new employees’ commencing performance, with the results reported to the COR no later than 60 calendar days after contract award.

INSPECTION AND ACCEPTANCE (Apr 1994) Red River Army Depot Texarkana, Texas

FINAL INSPECTION AND ACCEPTANCE (OCT 1993)

Final inspection and acceptance will be at destination unless otherwise indicated. The Government requires ninety days for recourse to contractor if material is incorrect and one year for material that is nonconforming/unsatisfactory.

(TACOM) HQ-AMC LEVEL PROTEST PROCEDURES (OCT 2013)

Complete AMC Protest Procedures can be found at:

http://www.amc.army.mil/amc/commandcounsel.html An agency protest may be filed with either the contracting officer or to HQAMC but not both following the procedures listed on the website above.

SECURITY REGULATIONS (Aug 27,2013)

(a) All contractors, subcontractors, and their employees are responsible for complying with the following regulations:

(1) Items forbidden on the depot include "strike anywhere" matches, alcoholic beverages, narcotics, photographic equipment, unauthorized tools, firearms, explosives and illegal knives (stilettoes, switchblades, hook blades, and blades over three inches in length).

(2) Personnel will not retain passes and badges upon job completion or termination, enter depot in an intoxicated condition, fight, gamble, picket, or create a disturbance.

Failure to return badges will cost your firm $50.00 per badge.

(3) Contractor will ensure that all contractor employees comply with all applicable fire, safety, and security requirements and adhere to all applicable state and federal labor laws and regulations.

(b) General Instructions:

(1) All depot traffic regulations will be observed.

(2) Predetermined work routes will be followed with no deviation.

(3) All personal vehicles and containers are subject to search and confiscation of unauthorized items while on the depot (with or without presence of owner).

(4) Notorious misconduct off the depot may be sufficient grounds for denying entrance to the depot.

(5) POV'S must have a minimum insurance coverage and state inspection sticker, in accordance with Texas State Laws.

(6) All personnel will adhere to all depot fire, safety, security, and other applicable regulations.

(7) Vehicles owned by commercial firms or common carriers must display a magnetic or other type sign/placard, visible on both sides of the vehicle.

(8) All commercial carriers will enter the depot through the Commercial Motor Vehicle Access Control Point (CVO ACP).

SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS (Jan 2010)

(a) The contractor shall furnish all personnel and material necessary for the prevention of accidents, injury or damage to employees or equipment while operating on a Federal reservation. Also includes personnel and equipment necessary for the prevention of accidental damage to Government property, Federal employees or other U.S.

Government contractor personnel.

(b) The contractor and his employees to include subcontractors and their employees, will comply with all Federal, state and local laws pertaining to traffic safety and safety of public rights of way. In addition, the contractor or his authorized agent will comply with the Occupational Safety and Health Act Parts 1910 and 1926, the U.S. Army Engineer Manual 385-1-1, Army Regulations, Red River Regulations 385-1, and the Uniform Code of Traffic Control Devices.

(c) Each contractor shall have a written contractors safety program and policy. In cases where the subcontractor has a written regulation for its employees, a copy of that regulation will be forwarded to the contractor for forwarding to the Contracting Officer, prior to commencement of work.

(d) Subcontractors and Employees. Each subcontractor shall be considered a contractor employee for purposes of this section.

(e) Warning signs, barricades, and detours. The contractor shall furnish and erect adequate warning signs, flashing lights, and barricades to properly control traffic movements around or through the construction site. The contractor shall provide and maintain any detours or crossovers necessary for the safety and convenience of traffic.

(f) Contractor and Employee Vehicles. Contractor vehicles must meet with current state safety regulations and an appropriate sticker affixed in the lower left corner of the windshield. Vehicles not meeting the state safety codes will not be allowed on RRAD.

Those which have a safety inspection expire while on RRAD will be removed and properly recertified NLT 15 days prior to the expiration date. Vehicles found to be out of inspection date will be ordered off of the depot and the contractor decal removed.

Vehicles found by RRAD Safety personnel to be unsafe for RRAD operations will be brought to the attention of the contractor who will either repair the vehicle or remove it.

(g) Contractors are responsible for their employees' conduct and their vehicles.

Employees with unsafe vehicles will be required to remove them from RRAD until they can be repaired.

(h) Accidents, other than minor first aid injuries, should be reported to the COR and/or Contract Administrator who will inform Safety as appropriate. These are reportable on a Department of Army Form 285 when they occur on U.S. Federal property.

(i) The Contracting Officer will notify the contractor in writing of any observed non-compliance with the foregoing provisions. The contractor shall, after receipt of such notice, immediately take corrective action. The Safety Manager may make direct contact with a contractor or his authorized representative for conditions of imminent danger to life or U.S. Government property. In such cases, the Contracting Officer will be immediately notified. In cases which have the potential for embarrassment to the U.S. Government, or Red River Army Depot, the Contracting Officer will notify the contractor verbally to be followed up by a written report of the situation and the action to be taken to correct it. If the contractor fails or refuses to promptly take corrective action, the Contracting Officer will issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to such stop orders will be made the subject of a claim for extension of time or for excess costs or damages by the contractor unless it was later determined that the contractor was in compliance.

FIRE PREVENTION AND PROTECTION (Apr 1994) The contractor shall comply with all fire prevention measures prescribed in the installation fire regulations, a copy of which is on file in the office of the Contracting Officer. A written fire permit shall be obtained from the installation fire Marshall for use of open flame devices, such as: blowtorches, portable furnaces, tar kettles, or gas and electric welding and cutting equipment in, or within 15 feet of buildings. The contractor shall be liable for any fire loss to Government property attributable to negligence on the part of the contractor, including failure to comply with fire prevention measures prescribed by terms of this contract.

ROUTINE UNESCORTED ACCESS CREDENTIAL REQUIREMENTS (Nov 2010) In accordance with Department of Defense (DoD) and Army policies governing Physical Access Control, all unescorted persons who require routine access to Red River Army Depot (RRAD) (includes stand-alone facilities) must have a valid purpose to enter, have their identity proofed and vetted by RRAD, and be issued, or in possession of an authorized and valid access credential. Persons possessing a DoD-issued Common Access Card (CAC) are vetted to DoD personnel security standards and shall be considered identity proofed. Non-Federal Government and Non-DoD issued card holders who require routine unescorted access shall require identity proofing and vetting to determine fitness and eligibility for access. The National Crime Information Center (NCIC) Database is the Government's authoritative data source for vetting the claimed identity and to determine fitness, using biographical information including, but not limited to, the person's name, date of birth, and social security number. Persons requesting access to RRAD who are not in possession of an approved Government-issued identification card shall be required to provide one of the documents listed below in order to initiate the proofing and vetting requirements.

Authorized documents are:

(1) US Passport or US Passport Card

(2) Permanent Resident Card or Alien Registration receipt Card (INS Form I-551)

(3) Foreign Passport with temporary (I-551) stamp or temporary (I-551) printed notation on a machine readable immigrant visa

(4) Foreign passport with current arrival-departure record (INS Form I-94)

(5) Employment authorization document that contains a photograph (INS Form I-766)

(6) Driver's License or Identification Card issued by a state or outlying possession of the United States, provided it contains a photograph and biometric information such as name, DOB, gender, height, eye color, and address

(7) Identification Card issued by Federal, State, or local Government Agency, provided it contains a photograph and biometric information

(8) School Identification Card with Photograph

(9) US Military Draft Record

(10) US Coast Guard Merchant Mariner Card

(11) Transportation Workers Identification Credential (TWIC)

(12) Native American Tribal Document

SUBMISSION OF INVOICES

(a) The contractor shall invoice in such a manner that the total costs by CLIN, including G&A and overhead, associated with this contract and/or each individual delivery order are separate, distinct, and clearly identifiable. Each invoice shall cite the total amount invoiced, the cumulative amount invoiced to date, the date, contract number, and period for which the invoice was submitted. The contractor shall submit two (2) copies to the cognizant Defense Contract Audit Agency (DCAA) concurrent with submittal of four (4) copies to the CO for payment by the Government paying office designated in Block 12 of the award page. Costs determined by DCAA to be unallowable will subsequently be deducted by the Government from the Contractor's next invoice.

(b) With regards to other direct costs (ODC), the contractor shall separately identify the costs associated for each ODC (e.g. material, travel, reproduction, etc.). Invoices for travel expenses must be submitted within sixty (60) days after completion of travel.

These invoices shall be accompanied by one (1) copy of the orders authorizing travel (if applicable) and one (1) copy of all receipts for reimbursable items (e.g. airline tickets, rental car, and lodging). (See Section H, Paragraph entitled: REIMBURSEMENT

OF OTHER DIRECT COSTS.)

(c) The contractor shall not invoice for any portion of the award fee, if applicable, until and unless authorized by the Award Fee Determining Official via modification to each Delivery Order. (See in this respect Section H, paragraph entitled: AWARD FEE).

ELECTRONIC CONTRACTING (AUG 2015)

(a) All Army Contracting Command – Warren solicitations will be publicized on the Federal Business Opportunities website (https://www.fbo.gov). Any additional attachments, including Technical Data Packages (TDPs) when available electronically, will be separate attachments or links embedded in the solicitation.

(b) As of 10 August 2015, unless directed to do otherwise in Section L of this solicitation, vendors are required to submit a quote or proposal via the Federal Business Opportunities (FBO) system. Proposals or quotes submitted after this date using any other mechanism, including the Army Single Face to Industry Bid Response System (ASFI BRS) may be deemed non-responsive.

(c) Requirements for the online FBO bid submission:

(1) Vendors must log into the FBO System to be able to submit electronic responses for opportunities.

(2) Vendors must be registered in the System for Award Management (SAM) at www.sam.gov (a Federal Government owned and operated free web site) and have a CAGE Code and CCR Marketing Partner Identification Number (MPIN).

(3) Once logged into the FBO System, vendors will be asked to enter basic information and directed to upload one or more files containing the proposal/quote and any additional information as outlined in the solicitation.

(4) FBO will send an email to vendor’s registered email address confirming the electronic submission.

(5) For additional information on submitting electronic bid responses via the FBO system see the FBO Vendor Guide – Section 4.3.1 “Submitting an Electronic Response” (https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf).

Note to offerors:

(d) Please pay close attention to the Issued By block location on the cover page of the solicitation for closing date and time. The closing date and time is based on the local time of the listed location of the Issued By office. In accordance with FAR 15.208(a), offerors are responsible for submitting proposals, and any revisions, and modifications, so as to be received by the Government office designated in the solicitation by the time specified.

(e) It is the responsibility of the Offeror to ensure the proposal/quote is received by the date and time specified on the cover page of this solicitation. In accordance with FAR 15.208, if the proposal/quote was not received at the initial point of entry to the Government infrastructure (in this case, received through FBO) by the exact date and time specified on the cover page of this solicitation, it will be determined late. Proposal/quote is defined to mean ALL volumes or parts required in the solicitation are included in the electronic submission.

Note: There is no "expected" or "target" length of time for proposal submission; size and content may be factors, therefore offerors are strongly cautioned when submitting proposals to allow adequate time for submission.

(f) Solicitations may remain posted on the FBO after the solicitation closing date. If the response deadline has passed for the solicitation, vendors will no longer be able to submit electronic responses.

(g) Any award issued as a result of this solicitation will be distributed electronically. In the event of a FOIA request for a copy of any award issued as a result of this solicitation, or any subsequent modifications to the contract, the contract and modifications will be released, including the awarded unit price. This is the notice required by Executive Order 12600 (June 23, 1987) of the Government’s intention to release unit prices in response to any request under the Freedom of Information Act (FOIA), 5 USC 552. Unit price is defined as the contract price per unit or item purchased as it appears in Section B of the contract and is NOT referring to nor does it include Cost or Pricing data/information. If an Offeror objects to such release in the base contract or contract modifications, the Offeror must notify the contracting officer in writing prior to the closing date identified in this solicitation and include the rationale for the objection consistent with the provisions of FOIA. A release determination will be made based on rationale given.

(h) Questions pertaining to this solicitation should be directed to the Contract Specialist identified on the cover page of this solicitation. For technical assistance in doing business with the Government, and doing business electronically, please visit the Procurement Technical Assistance Center (PTAC) website at http://www.aptacus.

org/ to locate a regional center.

HOURS OF WORK (Apr 1994) The hours of work on this contract will be from 0630 AM until 1700 PM, Monday through Thursday (Except holidays), unless other hours are specifically approved by the Contracting Officer.

IDENTIFICATION OF CONTRACTOR EMPLOYEES

This requirement is only applicable to the Contractor when the Contractor has employees working at Red River Army Depot.

1. All contractors are responsible for obtaining/returning identification badges and/or vehicle decals required for the term of the contract or release of employee (see paragraph 2 on release of Contractor employee). See Local Rules and Regulations clause. All Contractor employees meeting with Government employees or attending meetings at Red River Army Depot shall, at the beginning of the meeting, announce to all other attendees that they are Contractor employees, employed by (Name of Contractor/address), and the name of all other companies or individuals that currently employ them or that the Contractor employee currently represents. In addition, Contractor employees shall wear visible insignia that readily displays their company's name. This may be in the form of a hat or clothing bearing a company logo, a badge, etc. Also, all Contractor employees must identify themselves as Contractor employees when answering Government telephones, working in situations where their actions could be construed as official Government acts, and include the company’s name in his or her email display.

(a) If the Contractor requires computer access for completion of the contract, Contractor shall provide a written request to Directorate of Contracting; the COR will provide the Security Investigation Information or Letter of Clearance to the Personnel Security Office, Security Management Office, ten (10) days prior to the requirement for computer access. If Contractor employees depart Red River Army Depot prior to completion of contract, written notice must be made to Directorate of Contracting and Directorate of Information Management. At the completion of the contract, written notice must be given to Directorate of Contracting and Directorate of Information Management before final payment will be made.

(b) Contractor must provide written notice to Directorate of Contracting and Directorate of Emergency Services when Contractor employees are terminated before completion of contract. Written notice shall be provided to the Directorate of Contracting and Directorate of Emergency Services (DES) by the Contractor when the contract is complete.

2. Badges and vehicle decals should be returned when they expire at the end of the contract or upon employee termination, whichever comes first. When the contract number under which the badge was obtained is completed (date of last delivery or performance of last service), including any exercise of an option pursuant to the terms of the contract, the Contractor shall return the badges for all employees and vehicle decals to the DES and obtain a receipt for each within three (3) business days after ending date of contract. Contractor shall provide written notice to Directorate of Contracting, Directorate of Information Management (when access to Government computers required), DES, and Security Management Office when Contractor employees are terminated before the completion of the contract.

3. Failure to comply with the requirement in Paragraph 2 will be grounds for withholding any funds due the Contractor until badges are returned or paid for, notwithstanding any other clause or requirements in the contract. Failure to comply may also be used as an adverse factor with respect to Contractor past performance in connection with award of future contracts to the firm.

4. If the Contractor obtains a new or follow-on contract for work at RRAD, Contractor shall obtain new badges for each employee indicating on the request the new or follow-on contract number and comply with the above. This paragraph does not apply under options.

5. Non-Disclosure Agreement: If access to nonpublic information is required, the Contractor and each Contractor employee working on RRAD shall sign a non-disclosure statement on their company's letterhead prior to commencing work under the contract or obtaining the badges required by Paragraph 1 above. There will be one nondisclosure statement for each employee. The non-disclosure statement shall be worded as stated in Paragraph 7 below.

6. The COR/Government POC shall coordinate the Contractor's badging process (schedule appointments with DES, etc.). The Contractor shall furnish (before initiating work under the contract) two copies of the non-disclosure statement for each Contractor employee to the COR/Government POC. The COR/Government POC shall maintain one copy and provide one copy to the Administrative Contracting Officer for inclusion in the official contract file.

7. Before any non-government employee can be given access to nonpublic information covered by the nondisclosure agreement, there must be a written agreement between the recipient Contractor and the owner of the proprietary information. A copy of this agreement must be made a part of the contract file.

INSTALLATION SECURITY

The Red River Army Depot is currently operating on a heightened state of security awareness and enforcement due to possible terrorist threats. Due to this heightened state of security, it is imperative that no unauthorized materials of any type be brought onto or left unattended on the installation. For this reason the Contractor must have a process in place to receive and store materials and have visibility of the location of those materials at all times while on RRAD. This includes construction materials, equipment, and miscellaneous items. This visibility/accountability of materials applies to the Contractor, its subcontractors, and its material suppliers.

Further, all Contractor, subcontractor, and material supplier employees are prohibited from bringing personal belongings of any nature onto the installation if such items are to be left unattended at any time. The Contractor is further required to have a plan of action for implementing these procedures and must submit it to the Contracting Officer upon request. This plan of action must include a provision for informing all employees and subcontractors of these procedures. The plan of action must also address monitoring and procedures the Contractor has in place to ensure compliance with this contractual provision. Should the Contractor fail to comply with this mandatory contractual provision, the Contractor may be held responsible for all direct and indirect cost incurred by the Government in identifying, securing, segregating, removing, and otherwise properly disposing of improper or abandoned materials/equipment.

COMMERCIAL WARRANTY

The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

The full text of FAR provisions or clauses may be accessed electronically at acquisition.gov.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management. OCT 2018 https://www.acquisition.gov/far/part-52

52.204-13 System for Award Management Maintenance. OCT 2018 52.204-26 Covered Telecommunications Equipment or Services--Representation.

OCT 2020

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FEB 2016 52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

MAR 2023

52.212-3 (Dev) Offeror Representations and Certifications – Commercial Products and Commercial Services (Deviation 2023-O0002, Revision 1) DEC 2022 52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services DEC 2022 52.222-42 Statement of Equivalent Rates for Federal Hires MAY 2014 52.223-3 Hazardous Material Identification & Material Safety Data FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. JUN 2020 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services – Representation DEC 2019 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation MAY 2021 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services JAN 2023 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Products or Commercial Services

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ __] will, [ __] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--It [ __] does, [ __] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services: [Contracting Officer check as appropriate.] _X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

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

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