Combined Synopsis Solicitation PANNWD-24-P-0000001834.pdf

Solicitation #

PANNWD‐24‐P‐0000001834

Combined Synopsis/Solicitation Title:

BPA(s) for Analytical Lab Services

COMBINED SYNOPSIS/SOLICITATION: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation of Commercial Items”, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotes are being requested and a written solicitation will not be issued. The intent of this solicitation is to establish multiple Blanket Purchase Agreements (BPAs) for Analytical Lab Services. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular 2019‐01. The requirements will be fulfilled using FAR Part 12, Acquisition of Commercial Items, and FAR Part 13, Simplified Acquisition procedures, to the maximum extent possible. This acquisition is

Total Small Business Set‐Aside. The associated NAICS code for this procurement is 541380 – Testing

Laboratories, with a corresponding small business size standard of $19,000,000.00.

NOTE: All offerors must be registered in the System for Award Management (SAM) prior to the response date listed in this combined synopsis/solicitation. Information concerning SAM requirements may be viewed via the internet at SAM.gov.

The United States Army, Corps of Engineers, Northwestern Division – Omaha, located in Omaha, Nebraska is seeking to purchase Analytical Lab Services within the contiguous United States, Hawaii, Alaska, and U.S. Territorial Sites of Guam and Puerto Rico. Services include providing sample containers and preservatives, instrumental analysis, and data reporting. Analytical services must be provided by a

Department of Defense (DOD Environmental Laboratory Accreditation Program (ELAP) accredited laboratory for use in the environmental restoration and military construction programs. The

Performance Work Statement (PWS) is attached to this posting as Attachment 1.

This solicitation is being issued as a request for quote (RFQ). The Government will establish agreements resulting from this solicitation to the responsible offerors whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following technical factors shall be used to evaluate offers: experience and quality system documentation. The Government is targeting three (3) firms for award based on the technical capabilities.

An award, if any, will be made to the responsible offeror(s) who submits a quote that conforms to the requirements of the synopsis and that receives a rating of "Acceptable" on the Technical factor. The

Government reserves the right to award without discussions or make no award at all depending upon

(1) the quality of quotes received and (2) the price fair and reasonableness of quotes received. The price schedule will entail a list of instrumental analyses and media that may be requested. Price offers shall be fair and reasonable. Price offers will be evaluated and will be negotiable. If rates cannot be agreed upon as fair and reasonable, the Government is not obligated to establish an agreement with that firm.

The firms that will have an established BPA will be made part of a pool, for which they will compete on individual Call Orders placed against the BPA.

The Government bears no legal liability for the costs associated with preparing a quote. Vendors should not submit a quote unless they are willing to absorb all costs associated with submitting a quote.

Place of Performance will be the contractor’s facility and will be identified in the resulting agreements.

Dates of delivery will be specified on each call order that will be placed under the BPA.

Total Dollar Limitation: Shared Capacity NTE $450,000.00

Duration: 5 years from date of establishing agreement/s or until total dollar limitation is exhausted.

I. DESCRIPTION OF REQUIREMENTS

This scope of work is for analytical services support for the United States (U.S.) Army Corps of Engineers

(USACE) Omaha District Geotechnical Engineering and Sciences Branch Chemistry Section (CENWO‐ED‐

GS), in terms of chemical analysis, toxicity testing, microbiological testing including mold identification, air testing, radiochemical testing and asbestos testing. The matrices of interest for analysis are soil, sediment, sludge, groundwater, surface water, biota, air, wipe samples, solid phase microextraction devices (SPMEs), and paint chips. These samples are primarily to be collected from Department of

Defense (DoD) Formerly Used Defense Site (FUDS) environmental restoration program. The Contract

Laboratory shall provide support to the USACE Project Chemist in terms of providing necessary protocol information required by hazardous waste investigation and remediation programs conducted by, or on behalf of the USACE Omaha District. Laboratories performing analyses in support of this procurement must have an established and documented laboratory quality system that conforms to ISO/IEC

17025:2017 as implemented by the DoD Quality Systems Manual for Environmental Laboratories (latest version). Laboratories must possess any required state or host nation certification and/or be accredited for each applicable test method under the DoD ELAP or by a nationally recognized laboratory accreditation body (e.g. NELAP), compliant with ISO/IEC 17011:2017. The Contract laboratory must retain current certification under the DoD Environmental Laboratory Accreditation Program (ELAP).

II. SOLICITATION INSTRUCTIONS

1. The provision at FAR 52.212‐1, Instructions to Offerors—Commercial Products and Commercial

Services (Sep 2023), and the addenda listed below applies to this acquisition.

ADDENDA TO FAR 52.212‐1:

a. Submission of offers. FAR 52.212‐1(b) is amended to include the following:

(1) Submit signed electronic quotes by 2:00pm, Central Time on 13 May 2024 to

Robert.E.Tamisiea@usace.army.mil and Christopher.R.Kueffer@usace.army.mil. All submittals from responsible firms will be considered by the agency.

b. Late submissions. FAR 52.212‐1(f) is amended as follows:

(1) Offerors are responsible for submitting quotes so as to reach the Government designated office in the solicitation by the time specified in the solicitation. If not time is specified, the time for receipt is 4:30 pm, local time, for the designated Government office on the date that quotes are due.

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late will not be considered unless it is received before award is made and the contracting officer determines that accepting the late quotation would not unduly delay the acquisition.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations 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 quotations 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.

c. Formal communications. Requests for clarification and information concerning the solicitation must be provided in writing no later than 29 April 2024. Answers will be compiled and posted electronically to Governmentwide Point of Entry (GPE) website: https://www.sam.gov. Questions may be emailed to the point of contact listed above in section II, paragraph 1a(1). All correspondence should reference the solicitation number.

d. Quotation preparation instructions:

(1) General Instructions. The offeror shall submit their quote on company letterhead to include the following: solicitation number; contact name, address, e‐mail, and telephone number of the offeror;

unit price; and CAGE code, Unique Entity ID (UEI) number, size of business. The Contracting Officer is not responsible for locating or obtaining any information not identified in the quotes. If applicable, provide a written statement that the quote incorporates all amendments to the solicitation.

(2) Specific Instructions. Quotes shall consist of two separate parts, as identified below.

(a) VOL I ‐ TECHNICAL:

All interested firms shall submit a quote in accordance with FAR provision 52.212‐1 (b), Submission of offers, and shall include the information as stated below for each technical factor. All quotes shall be legible, 10 pages maximum, in a type size not smaller than 11‐point font on paper not larger than 8 1/2" x 11. A page is defined as one side of 8 1/2 x 11 paper.

Volume I Tab 1 will be examples of previous experience performing work similar to the PWS requirements. Provide at least three (3) examples of hazardous, toxic, or munitions constituent analyses of environmental media samples from DOD installations or projects performed within the past five (5) years. Each example, not to exceed one (1) page in length using the format in Attachment 3, Previous

Experience Template, should describe the program or customer, media and analyses performed, and reporting and data submission requirements.

Volume I Tab 2 will be the Laboratory Quality System documentation. The quality system documentation (however named) shall comply with the DOD QSM.

Volume I Tab 3 ‐ Past Performance ‐ The Offeror shall submit final Past Performance ratings for each previous experience example submitted under Previous Experience. To obtain a formal Past

Performance evaluation that has been completed via Contractor Performance Assessment Reporting System (CPARS). Do not submit Past Performance ratings for projects other than those submitted above for Previous Experience.

Government Utilization of Alternative Information Sources for Past Performance

The Government reserves the right to contact any persons who may be knowledgeable about the project or projects (this is not limited to contracts identified by the Offeror) submitted in the Offeror’s proposal. In addition, the Government may review and take into consideration other sources of information pertinent to the evaluation of the Offeror’s Past Performance, including both the previous experience projects and other similar projects performed by the Offeror. Other sources may include, but are not limited to, Past Performance information retrieved through the Contractor Performance Assessment Reporting System (CPARS), inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror.

Obtaining CPARS Records

Contractor Performance Assessment Reporting System (CPARS) records may be obtainable by Offerors using one of the following methods:

(1) Accessing Past Performance information directly from the Contractor Performance Assessment Reporting System (CPARS). CPARS is an electronic repository of performance information collected by all the major federal performance reporting systems and can be accessed at https://www.cpars.gov.

(Apply for Contractor access on CPARS web page at https://www.cpars.gov by selecting “Access Info” and clicking on the link for the appropriate access requested. Fill out your information and submit your application. Following receipt of your application request, you will be emailed a login and access instructions.)

(2) Contact your government point of contact for the project you mentioned, and ask them if they can send you a copy.

Volume I Tab 4 ‐ Section K: Representations and Certifications (Section K): This tab will not be evaluated, but must be completed in order to become eligible for award; however Annual

Representations and Certifications will be obtained through the System for Award Management website www.sam.gov.

(b) VOL II – PRICE:

Submit the price quote in accordance with Attachment 2 – Price Schedule attached to this solicitation.

Price quotes must be firm‐fixed price. Price quotes must include unit prices for each line item any years.

Laboratories who self‐perform specific analyses on Table 1 shall offer a price in the Primary column;

laboratories who have arrangements with other laboratories shall offer the price in the Sub column.

Laboratories shall mark the columns “N/A” if specific analysis is not available. Indicate whether the offering laboratory performs each analysis in‐house or by subcontract on the Price Schedule. Include delivery terms and schedule, any discounts, and payment terms (e.g., Net 30) with the price quote.

The provision at FAR 52.212‐2, Evaluation—Commercial Products and Commercial Services (NOV 2021), and the addenda listed below applies to this acquisition. The evaluation factors to be included in paragraph (a) of this provision are Price, Technical Information, and Past Performance.

ADDENDA TO FAR 52.212‐2:

BASIS FOR OFFER: This is a competitive acquisition in accordance with FAR part 12 and part 13. The

Government will submit an offer in the form of a purchase order to the offeror that represents the best value to the Government. Quotes will be evaluated as described below.

(1) Solicitation Requirements. All quotes submitted will be reviewed for completeness to determine if they contain all information requested in the addenda to FAR 52.212‐1. Quotes that are incomplete or missing information may be considered non‐responsive and excluded from the evaluation.

(2) Price Evaluation. The prices will be evaluated for each line item including miscellaneous items for data deliverables and expedited services. Any discounts identified in the quote will be included in the evaluation of the evaluated price. No advantage will accrue to an offeror who submits a quote for an unreasonably low price. The lowest price quote may not necessarily be selected. Failure to propose for any line item may cause the vendor's quote to be considered non‐responsive and excluded from the evaluation. The price evaluation will document the reasonableness of the quoted price.

(3) Technical Evaluation. The technical team will review the technical quote to determine if the information provided meets the technical requirements identified in this solicitation. The technical information will be evaluated based on previous experience and quality management systems documentation. Example projects will be evaluated for experience with meeting schedule and budget requirements, with hazardous and toxic waste sample analysis, military munitions constituent sample analysis for environmental restoration and munitions response programs, with emphasis on use of

FUDSChem and other electronic data deliverables. The quality system documentation (however named) of laboratory organization, management, and document control systems will be evaluated for conformance with section 4.1 through 4.3 of the DOD QSM.

(4) Past Performance Evaluation. The past performance evaluation will be based on the Offer’s CPARS

Ratings. An offeror will not be evaluated favorably or unfavorably if they do not have a record of past performance in CPARS under the NAICS of the items being purchased.

(5) Best Value Decision. The contracting officer shall evaluate quotes considering technical information, price, and past performance information. Up to three laboratories whose proposals represents the best values to the Government will be selected for agreements.

4. The clause at FAR 52.212‐4, Contract Terms and Conditions—Commercial Products and Commercial

Services (NOV 2023), and the addenda listed below applies to this acquisition.

ADDENDA TO FAR 52.212‐4:

Text in paragraph (c) is deleted and replaced with the following:

(c) Changes. Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b).

III. ADDITIONAL TERMS AND CONDITIONS

The following provisions and clauses apply to this acquisition. The BPA will incorporate one or more provisions and/or clauses by reference, with the same force and effect as if they were given in full text.

The full text of a provision and/or clause may be accessed electronically at: https://www.acquisition.gov

FAR 52.203‐12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) FAR 52.204‐7 System for Award Management (OCT 2018) FAR 52.204‐13 System for Award Management Maintenance (OCT 2018) FAR 52.204‐16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204‐18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204‐27 Prohibition on a ByteDance Covered Application (JUN 2023) FAR 52.209‐9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) FAR 52.209‐10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) FAR 52.212‐1 Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023) 52.212‐2 Evaluation—Commercial Products and Commercial Services (Nov 2021) FAR 52.212‐3 Offeror Representations and Certifications—Commercial Products and Commercial Services

(NOV 2023)

FAR 52.212‐3 Offeror Representations and Certifications—Commercial Products and Commercial Services‐‐Alternate I (OCT 2014) FAR 52.212‐4 Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023) FAR 52.212‐5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (NOV 2023) FAR 52.219‐6 Notice of Total Small Business Set‐Aside (NOV 2020) FAR 52.219‐8 Utilization of Small Business Concerns (OCT 2022) FAR 52.219‐9 Small Business Subcontracting Plan (Sep 2023) FAR 52.219‐14 Limitations on Subcontracting (Oct 2022) FAR 52.219‐28 Post‐Award Small Business Program Representation (MAR 2023) FAR 52.222‐42 Statement of Equivalent Rates for Federal Hires (MAY 2014) FAR 52.222‐43 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) FAR 52.222‐49 Service Contract Labor Standards—Place of Performance Unknown (MAY 2014) FAR 52.223‐17 Affirmative Procurement of EPA‐Designated Items in Service and Construction Contracts

(AUG 2018)

FAR 52.233‐2 Service of Protest (SEP 2006) DFARS 252.225‐7039 Defense Contractors Performing Private Security Functions Outside the United States (JAN 2023) DFARS 252.201‐7000 Contracting Officer's Representative (DEC 1991) DFARS 252.203‐7001 Prohibition on Persons Convicted of Fraud or Other Defense‐Contract‐Related Felonies (JAN 2023) DFARS 252.203‐7002 Requirement to Inform Employees of Whistleblower Rights (DEC 2022) DFARS 252.203‐7004 Display of Hotline Posters (JAN 2023) DFARS 252.204‐7002 Payment for Contract Line or Subline Items Not Separately Priced (APR 2020) DFARS 252.204‐7003 Control of Government Personnel Work Product (APR 1992) DFARS 252.204‐7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors (JAN 2023) DFARS 252.204‐7015 Notice of Authorized Disclosure of Information for Litigation Support (JAN 2023)

DFARS 252.204‐7016 Covered Defense Telecommunications Equipment or Services—Representation (DEC 2019) DFARS 252.204‐7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (MAY 2021) DFARS 252.204‐7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2023) DFARS 252.204‐7022 Expediting Contract Closeout (MAY 2021) DFARS 252.204‐7024 Notice on the use of the Supplier Performance Risk System (MAR 2023) DFARS 252.219‐7003 Small Business Subcontracting Plan (DoD Contracts) – Basic (DEC 2019) DFARS 252.225‐7048 Export‐Controlled Items (JUN 2013) DFARS 252.232‐7009 Mandatory Payment by Governmentwide Commercial Purchase Card (MAY 2018) DFARS 252.232‐7010 Levies on Contract Payments (DEC 2006) DFARS 252.243‐7001 Pricing of Contract Modifications (DEC 1991) DFARS 252.243‐7999 Section 3610 Reimbursement (DEVIATION 2020‐O0021) (AUG 2020)

52.204‐24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

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 or 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) Representation. 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)

IV. ATTACHMENTS TO THIS SOLICITATION

Attachment 1 – PWS 12 Feb 2024

Attachment 2 – Price Schedule

Attachment 3 – Previous Experience Template