Combined synopsis_solicitation - Lead Testing.pdf

W91SMC21Q0003

Laboratories for Lead Dust Sampling Services

Illinois Army National Guard State Safety Office

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation, W91SMC21Q0003, is issued as a Request for Quote (RFQ), for a single Firm Fixed Price (FFP) Small Business set a side contract for NAICS 541380 Testing Laboratories. This is anticipated to be awarded to the business concern through the procedures of Federal Acquisition Regulation (FAR) Part 13. The quotation shall be evaluated on lowest price technically acceptable.

All vendors must have a registered cage code in order to be considered for award.

2. Provision 52.212-1 Instructions to Offerors- Commercial still applies to this acquisitions as well as the addenda utilized in full text.

3. A completed copy of provision 52.212-3 Offeror Representations and Certifications- Commercial Items is required with offeror's proposal.

4. Quotes shall be submitted prior to the closing date and time of 10 September 2021 at 2:00 PM CDT. Send quotes to the following Gawain Piper at Donald.g.piper6.mil@mail.mil and LTC Mark Williams at mark.r.williams1.mil@mail.mil.

5. All questions regarding this RFQ shall be submitted in writing via email to:

Donaldd.g.Piper6.mil@mail.mil and mark.r.williams1.mil@mail.mil. All questions are due by 7 September 2021 by 12:00 PM CDT. The government is not obligated to provide responses.

PERFORMANCE WORK STATEMENT (PWS) FOR

Illinois Army National Guard (ILARNG) Springfield, Illinois

Procurement of Laboratories for Lead Dust Sampling Services

1.0 General:

1.1 Scope: The contractor shall provide contract support to Illinois Army National Guard (ILARNG) for lead dust in accordance with the Occupational Safety and Health Association (OSHA). A total of 500 lead wipes will be submitted for analysis.

1.2 Background: The lead dust sampling is to identify potential employee exposures to occupational health hazards.

1.3. Period of Performance (PoP): The Period of Performance shall be 1 base year of 12 months and three 12 month options.

1.4 General Information:

1.4.1 Place and Performance of Services: This service will take place at the contractor’s effort will take place at the contactors facility. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays.

The contractor shall not perform services on these days:

1.4.2.1 New Year’s Day: January 1st

1.4.2.2 Martin Luther King, Jr.’s Birthday

1.4.2.3 President’s Day

1.4.2.4 Memorial Day

1.4.2.5 Juneteenth National Independence Day: June 19th

1.4.2.6 Independence Day: July 4th

1.4.2.7 Labor Day

1.4.2.8 Columbus Day

1.4.2.9 Veteran’s Day: November 11th

1.4.2.10 Thanksgiving Day

1.4.2.11 Christmas Day: December 25th

1.4.3 Quality Control (QC): The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary. The QCP will be submitted within 15 business days after contract is awarded. After acceptance of the QCP, the contractor shall obtain the Contracting Officer’s (KO) acceptance in writing of any proposed changes to its QCP.

1.4.4 Quality Assurance (QA): The government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

1.4.5 Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor personnel place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.6 Physical Security. The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.7 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO.

The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR, CW5 Mark Adams to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.8 Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at

FAR 22.17.

1.4.9 Data Rights: The Government has unlimited rights to all documents/materials produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.4.10 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 Sample: A substance whose chemical constituents are being identified or measured. These will be mailed to the laboratory as samples containing lead, chromium, cadmium, and manganese collected on Ghost Wipes and sealed in a vial.

2.1.2 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.3 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.4 Contracting Officer Representative (COR): An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment will be in writing and will state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications.

This individual does NOT have authority to change the terms and conditions of the contract.

2.1.5 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.6 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.7 Heavy Metals: Metals with high density or high relative atomic weight. These will include lead, manganese, cadmium, and chromium.

2.1.8 Quality Assurance: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.11 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

ABOEM American Board of Occupational and Environmental Medicine ACGIH American Conference of Government Industrial Hygienists

Industrial AIHA American Industrial Hygiene Association AR Army Regulation

AT/OPSEC Antiterrorism/Operational Security CM Contract Manager CMRA Contractor Manpower Reporting Application COR Contracting Officer Representative DA Department of the Army DFARS Defense Federal Acquisition Regulation Supplement DHHS Department of Health and Human Services DoD Department of Defense

DoDD Department of Defense Directive ELLAP Environmental Lead Laboratory Accreditation Program FAR Federal Acquisition Regulation FPCON Force Protection Condition GFP/M/E/S Government Furnished Property/Material/Equipment/Services HQDA Headquarters, Department of the Army IA Information Assurance IHLAP Hygiene Laboratory Accreditation Program IHT Industrial Hygiene Technician ILARNG Illinois Army National Guard IS Information System(s) KO Contracting Officer QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control OCI Organizational Conflict of Interest QCP Quality Control Program OSHA Occupational Safety and Health Administration PII Personally Identifiable Information PoC Point of Contact PoP Period of Performance PRS Performance Requirements Summary PPE Personal Protective Equipment PWS Performance Work Statement NIOSH National Institute for Occupational Safety and Health

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S):

Not applicable

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

Not applicable.

5.0 Requirements

5.1 Contractor shall be accredited through the American Industrial Hygiene Association (AIHA) and Industrial Hygiene Laboratory Accreditation Program (IHLAP) to perform industrial hygiene sample analysis and an Environmental Lead Laboratory Accreditation Program (ELLAP) certification to perform lead analysis.

5.2 For lead analysis the contractor shall use the Environmental Protection Agency (EPA) Method 600/r-93/200 (modified), EPA SW-846 7000B, or other recognized regulatory method for the analysis capability. The laboratory detection limit shall be capable of detecting at least 5 micrograms per square foot (5 µg/ft2) for surface dust samples from samples collected from a 12-inch-by-12-inch square area.

5.3 Contractor shall provide 500 sample kits.

5.3.1 Contactor shall ship the 500 sample kits in 20 testing packages. A testing package consist of “25 Ghost wipes, 25 individual plastic containers with secure, screw on lids, 25 12 X 12 inch squares, and one Chain of Custody Forms / Field Data, laboratory chain of custody, analysis request forms, and any additional items required. Shipments will be address to the IHT using the address listed in 3.5.

5.3.2 The contractor shall be capable of receiving testing packages via FedEx, processing and analyzing 500 surface lead wipe samples during each year.

5.3.2.1 Contractor shall provide 20 pre-labeled shipping boxes for return of testing packages.

5.3.2.2 The ILARNG IHT will send one completed testing package of 25 ghost wipes, 25 sealed plastic containers, one Chain of Custody forms/Field Data to contractor for analysis upon completion of sampling.

5.4 Contractor shall provide an analytical report that includes lead sample results.

Results shall be sent in PDF format via email to the IHT. One report per location as indicated in the Chain of Custody Form/ Field Data Sheet.

5.5 Contractor shall utilize the following contact information for all communications with the IHT:

Illinois Army National Guard Safety and Occupational Health Office ATTN: Eva Kibe-Pea, IHT 1301 N MacArthur Boulevard Springfield, Illinois 62702 Phone: 217-761-3360 Email: ng.il.ilarng.list.safety-office@mail.mil

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication

(Chapter/Page) Date of

Publication Mandatory or Advisory

Website

Federal Acquisition Regulation

Online Mandatory https://www.acquisition.gov/?q=browsef ar or http://farsite.hill.af.mil/ Defense Federal

Acquisition Regulation Supplement

Online Mandatory http://www.acq.osd.mil/dpap/dars/dfars pgi/current/index.html or http://farsite.hill.af.mil/

DoD 5400.11-R Department of

Defense Privacy Program

14 May

Mandatory http://www.dtic.mil/whs/directives/corres /pub1.html

Environmental Program Agency – Lead Air Pollution

Online Advisory https://www.epa.gov/lead-air-pollution/setting-and-reviewing-standards-control-lead-pb-pollution#standards

Title 29, Code of Federal Regulations, Part 1910: 1025 Occupational Safety and Health Standards.

Lead

Online Advisory https://www.osha.gov/laws-regs/regulations/standardnumber/1910/

1910.1025

Guidelines and Procedures for

Rehabilitation and Conversion of Indoor

Firing Ranges NG Pam (AR) 385-

16/ANGPAM 91-101

Online Advisory https://www.ngbpdc.ngb.army.mil/Portal s/27/Publications/ngr/ngpam%20420- 15.pdf?ver=2018-09-07-082536-143

Department of Labor Occupational Safety and Health Administration ID-121

Metal & Metalloid Particulates in

Workplace Atmospheres (Atomic Absorption). Method

Number:ID-121

Online Mandatory https://www.osha.gov/dts/sltc/methods/i norganic/id121/id121.pdf

Elements by IPC (Microwave Digestion)

– Laboratory Detection Levels

Online Mandatory https://www.cdc.gov/niosh/docs/2014- 151/pdfs/methods/7302.pdf

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

Performance

Objective Performance

Standard Acceptable Quality

Levels (AQL) Surveillance Method /

By Whom

1.4.1 Quality

Control

Maintain an effective QC Plan (QCP)

100% 100% inspection by Government Representative

3.1 Applicable

board requirements

Maintain Accreditation to AIHA an IHLAP

100% 100% inspection by Government Representative

3.2 Sample

analysis method for lead

Environmental Protection Agency

(EPA) Method 600/r- 93/200 or other recognized method.

100% 100% inspection by Government Representative

TECHNICAL EXHIBIT 2

Deliverables Schedule

PWS Reference

/ Deliverable Title

Frequency Number of

Copies

Medium/Format Submit To

1.4.1 Quality

Control

Provide with proposal and each set of results

1 Electronic IHT

3.1 Accreditation &

License

Provide with proposal and upon request.

1 Electronic IHT

3.2 Sample

analysis method and detection limits for lead

Provide with proposal

1 Electronic IHT

3.3.1 Sampling

materials and chain of custody forms/field data sheet

Provide 500 sample kits upon award of contract.

sampling kits

As Manufactured

IHT using mailing address in 3.5

3.4 Provide

laboratory analysis results

Provide within15 business days of receiving the samples via mail.

1 Electronic

PDF

Format

IHT email

TECHNICAL EXHIBIT 3

Estimated Workload Data

This information is provided for historical background only. It is not a guarantee of annual workload quantities.

ITEM NAME ANNUAL ESTIMATED

QUANTITY

1 Lead sample analysis 500

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 500 Each Lead Testing Kits

FFP

The Contactor shall provide the testing kits, conduct laboratory analysis, and also provide the analysis report to the ILARNG State Safety Office in accordance with the PWS.

FOB: Destination

PSC CD: Q301

NET AMT

1001 500 Each OPTION Lead Testing Kits (option 1)

FFP

The Contactor shall provide the testing kits, conduct laboratory analysis, and also provide the analysis report to the ILARNG State Safety Office in accordance with the PWS.

2001 500 Each OPTION Lead Testing Kits (option 2)

FFP

The Contactor shall provide the testing kits, conduct laboratory analysis, and also provide the analysis report to the ILARNG State Safety Office in accordance with the PWS.

3001 500 Each OPTION Lead Testing Kits (option 3)

FFP

The Contactor shall provide the testing kits, conduct laboratory analysis, and also provide the analysis report to the ILARNG State Safety Office in accordance with the PWS.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-SEP-2021 TO

29-SEP-2022

N/A SAO

CW5 MARK ADAMS

1301 N. MACARTHUR BLVD

SPRINGFIELD IL 62702

217-761-3759

W91SMC

1001 POP 30-SEP-2022 TO

29-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 30-SEP-2023 TO

29-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 30-SEP-2024 TO

29-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.204-7 System for Award Management OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.249-4 Termination For Convenience Of The Government (Services)

(Short Form)

APR 1984

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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 2021

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation.

(Deviation 2021-O0003)

APR 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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 Items. 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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(a) The Offeror’s proposal shall be submitted in accordance with the instructions in this solicitation. See the below table for guidance on volume content, page limitations, documents required, and other information. The offeror’s proposal shall be submitted in digital copy. Files shall not contain classified data. The use of hyperlinks in proposals is prohibited. Proprietary information shall be clearly marked.

CONTRACT PROPOSAL

RFP No. W91SMC-21-Q-0003 Lead Testing.

Anticipated Period of Performance 20 September 2021 – 19 September 2024 Proposal Volume/Section Page Limits

(Maximum) File Naming Structure

Cover Letter (must include):

Company Name Cage Code Solicitation Number Proposed Team Member Names

& Contact Information Proposal Validity Date Authorized Offeror

Representatives

2 Pages [Offeror Name] CoverLtr.doc

Volume I –Technical Approach 10 Pages (Maximum)

Vol-I [Offeror Name] TECH.doc

Volume II –Pricing Approach Format in accordance with pricing model provided

Page count not applicable

Vol-III [Offeror Name]Price.xls

The Offeror is cautioned that “parroting” of the Technical requirements or the PWS with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform. The Offeror is responsible for including sufficient details to permit a complete and accurate evaluation of their proposal.

Request for Proposal (RFP) shall be submitted prior to the closing date and time of 3 September 2:00 PM CDT.

RFP shall be sent via email to the following contract specialist: Mr. Gawain Piper at donald.g.piper6.mil@mail.mil and contract officer LTC Mark Williams at mark.r.williams1.mil@mail.mil.

All questions regarding this RFP shall be submitted by 30 August 2021 12:00 PM CDT via email to: contract specialist: Mr. Gawain Piper at donald.g.piper6.mil@mail.mil and contracting officer LTC Mark Williams at mark.r.williams1.mil@mail.mil.

(b) The submission of the documentation specified below will constitute the offeror’s acceptance of the terms and conditions of the Performance Work Statement (PWS) in the RFQ. Questions should be posted by the due date listed above. It is the Government’s intention to award without discussion. Offerors are encouraged to present their best RFP and prices in their initial submission. The Government reserves the right to hold discussions.

(c) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m.

one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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.

Lowest Price Technically Acceptable source selection process will be utilized for this requirement. The following factors will be used to evaluate offers:

(i) Technical Performance

(ii) Cost/Price

Factor 1- Technical Performance (Volume I):

(a) The contractor shall be responsible for ensuring their RFQ fully outlines the capability to adhere to the specifications listed in the Performance Work Statement (PWS). The contractor shall discuss their proposed process and procedures to plan and perform the work required to achieve all of the tasks specified in the PWS. In doing so, the contractor shall describe their understanding of the scope of services required in the contract PWS to include;

tasks/functions to be performed, supplies/equipment required. Provide a discussion on industry standards and best practices that will be used in the performance of the PWS. Also include how you will meet the requirements in a timely manner with a high level of confidence for successfully completing tasks/functions.

(b) Technical performance shall be found to be either acceptable or unacceptable based on the answers to the following questions:

(1) Can the vendor meet the Period of Performance (1 base year + 3 Option years)?

(2) Can the vendor provide 500 lead test kits as outlined in Section 3 of the PWS

(3) Can the vendor perform the laboratory test on mailed samples as outlined in section 3 of the PWS?

(4) Can the vendor provide all the deliverables as outlined in Technical Exhibit 2 of the PWS?

Factor 2 - Pricing (Volume II):

(a) Pricing will be based on price reasonableness.

(b) As part of the price evaluation, the Government will evaluate the Option to Extend Services under FAR Clause 52.217-8 by adding one-half of the offeror’s final period price to the offeror’s total price. Thus, the offeror’s total price for the purpose of the evaluation will be calculated using ½ of the last option period of the performance. Offerors are required only to price the base year and all option periods. Offerors shall not submit a price for the potential one-half year extension of services period.

(c) In terms of “price reasonableness”, the Government will focus on whether the price is too high to be considered fair and reasonable

(d) 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).

(e) 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.

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (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. C).

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

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

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219-9.

____ (v) Alternate IV (JUN 2020) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

X (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

____ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (36) 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.)

____ (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 (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 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.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

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

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

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

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

____ (46) 52.223-21, Foams (JUN 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 (JAN 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (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 (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (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

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 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.