ID04150085_SOW__FINAL_09_24_15.doc

General Services Administration Federal Acquisition Service Assisted Acquisition Services Division Southeast Sunbelt Region 401 W. Peachtree St. NW Atlanta, GA 30308

STATEMENT OF WORK (SOW)

Task Order ID: ID04150085

Date: 09/24/2015

GSA Customer Account Manager Phone:

404.331.0231

Email:

patti.slay@gsa.gov GSA Senior Contracting Officer (SCO):

Faith V. Shelton Phone:

404.215.8777

Email:

Faith.Shelton@gsa.gov

Client Organization:

U.S. Environmental Protection Agency

Acquisition and Accountability

Central Operations and Resources

Office of Air Quality Planning and Standards

Research Triangle Park (RTP), NC 27711

Primary Contracting Officer's Representative(COR) Name: Jeff Yane

Phone: 919-541-2962 E-mail: yane.jeff@epa.gov

Base – 11/01/15 - 10/31/16

OY 01 - 11/01/16 - 10/31/17

OY 02 - 11/01/17 - 10/31/18

OY 03 - 11/01/18 - 10/31/19

OY 04 - 11/01/19 - 10/31/20

FORMCHECKBOX

Severable

Non-Severable

FORMCHECKBOX

Time and Material

FORMCHECKBOX

Fully Funded

FORMCHECKBOX

Incrementally Funded

Estimate

and Acceptance Attachment I, State and Local Air Pollution Control Agencies (separate spreadsheet)

Attachment E, Organizational Conflict of Interest (OCI)

TASK ORDER MODIFICATIONS: (Listed in Descending Order)

All changes are highlighted in YELLOW:

2.1.1. Characteristic – Thickness - added ASTM D645-97 is the primary method and TAPPI T511 –alternate method and Characteristic – Tensile Strength - ASTM Method D828-97 is the primary method and TAPPI T494–alternate method. Added Retention information to the table.

2.1.2 Characteristic – Tensile Strength - ASTM Method D828-97 is the primary method and TAPPI T494–alternate method

2.2. Telfon Filters - Changed ASTM Method D2985-71 to ASTMD2986-95A and changed - ASTM Method D2986-71 to ASTMD2986-95A (Characteristic ΔP at 16.7 L/min).

2.2 Teflon Filters: “Characteristic Filters Column”, the fifth characteristic should read “Retention of Particles 0.3 μm in diameter and

2.2.1 Additional Tests: no. (5) Test for temperature stability:… place the test filters in a drying oven set at 40 EC "2EC for not less than 48 hours” should read “…place the test filters in a drying oven set at 40 deg C+ 2 deg C for not less than 48 hours.

1.0 Introduction: Work is to be accomplished for the U.S. Environmental Protection Agency, Triangle, NC, herein referred to as Client, through the General Services Administration (GSA), Federal Acquisition Service (FAS), Southeast Sunbelt Region 1.2 Scope/Background

The U.S. Environmental Protection Agency (EPA), Research Triangle Park, North Carolina is responsible for procuring, testing, and distributing filters of high purity to the State/local air pollution control agencies. The quartz filters are used with a size selective sampler (SSI) to collect Particulate Matter (P10) (particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers) samples. The glass fiber filters are used with a Total Suspended Particulate (TSP) sampler. The Teflon filters are used with a sampler to collect PM-2.5 (particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers) samples. This process assures that filters with uniform characteristics which have undergone quality assurance testing are acceptable for use by the national particulate networks.

1.3 Objective

The objective of this task order shall be to test Glass, Teflon, and Quartz filters to meet the regulatory standards as required by the EPA, see Section 2.0. Upon full acceptance ship those filters to various state and local air pollution control agencies as shown in Attachment I.

1.4 Task Order Type This task order will be firm fixed price.

1.5 Period of Performance

The duration of this task order is a one (1) year base period of performance with four (4) one (1) year options. The base period shall be one (1) year from date of task order award. The option periods, if exercised by the Government, shall begin at date of option award and end one year thereafter.

Base – 11/01/15 - 10/31/16

OY 01 - 11/01/16 - 10/31/17

OY 02 - 11/01/17 - 10/31/18

OY 03 - 11/01/18 - 10/31/19

OY 04 - 11/01/19 - 10/31/20

2.0 Specific Requirements

The following procedures, references, and standards apply to the testing of filters. The contractor shall test a certain number of filters as specified in the charts below for Teflon, Glass, and Quartz filters. A batch is defined as filters to be used in one calendar year. The contractor shall use a random number generator to select filters from the total delivery. All selected filters shall be subjected to the visual inspection tests and then a certain quantity (specified in charts below) shall be subjected to the other tests as described below. Only filters that pass the visual and physical testing shall be used for subsequent testing.

2.1 Glass and Quartz Filters The contractor shall use the following test methods to check the Glass and Quartz filters:

· Technical Association of the Pulp and Paper Industry (TAPPI) T551 – Thickness of Paper and Paperboard or equivalent.

· Brittleness Test for Hi-Volume Glass Fiber Filters

· TAPPI T494 - Tensile Properties of Paper and Paperboard

· EMSL/EPA/RTP Hi Vol Filter Flow Rate Acceptance Test for Quartz Filters for the SSI Samplers

· Atmospheric Research and Exposure Assessment Laboratory (AREAL) Visual Inspection Test for Filters

· Reference Method for the Determination of Lead in Suspended Particulate Matter Collected from Ambient Air (40 CFR, Part 50, Appendix G), or equivalent

2.1.1 Glass Fiber Filters Physical Properties: The number of filters to be tested and the physical properties to be measured are given below:

All Filters Must

Meet the Following

Dimensions

Filters Test/Analysis

Method

(Reference Number)

10"+1/16" 8"-1/16"

10"-1/16"

Thickness

Brittleness

Tensile

Strength

All filters selected AREAL visual

Inspection Test

Procedure

a. Defect Filters

b. Reject Filters 20%

5% None

None

a) Lead Content. No filter from a total of 50 filters tested shall lose more than 15 micrograms (ug) of lead per filter when analyzed per the EPA Federal Reference (40 CFR part 50) or an Equivalent Test Method for Lead.

2.1.2 Quartz Fiber Filters Physical Properties: The number of filters to be tested and the physical properties to be measured are given below:

All Filters Must

Meet the Following

Dimensions

Filters Test/Analysis

Method

(Reference Number)

10"+1/16" 8"-1/16"

10"-1/16"

Tensile

Strength

(EMSL/RTP)

1.80 m3/min 1.34 m3/min

All filters selected AREAL Visual Inspection Test Procedure

a. Defect Filters

b. Reject Filters 20%

5% None

None

a) Lead Content. No filter from a total of 50 filters tested shall lose more than 15 micrograms (ug) of lead per filter when analyzed per the EPA Federal Reference (40 CFR part 50) or an Equivalent Test Method for Lead.

2.2 Teflon Filters The contractor shall use the following test methods, in addition to the TAPPI T551 or equivalent and AREAL Visual tests listed in section 2.1 above, to test the filters.

· ASTM Method D828-93 (Tensile Properties of Paper and Paperboard Using Constant-Rate-of-Elongation Apparatus with Attachment for Use on Hi-Vol Filters)

· Filter Flow Rate Acceptance Test Procedures

· ASTMD2986-95A. (Standard Practice for Evaluation of Air Assay Media by the Monodisperse DOP (Dioctyl Phthalate Smoke Test) Physical Properties: The number of filters to be tested and the physical properties to be measured are given below:

All Filters Must Meet the Following Dimensions

Characteristic

Filters No. of Method

(Reference No.)

(millimeters)

45.95 mm

Retention of Particles 0.3(m in diameter Retention of Particles 0.3 μm in diameter

a. Defect Filters

b. Reject Filters

a. 10%

b. 5%

a. NONE

b. NONE

2.2.1 Additional Tests As required by 40CFR, Part 50, Appendix L. Tests shall be performed on 50 filters.

(1) Maximum moisture pickup: Not more than 10μg weight increase after 24-hour exposure to air of 40 percent relative humidity, relative to weight after 24-hour exposure to air of 35 percent relative humidity.

(2) Collection efficiency: Greater than 99.7 percent, as measured by the DOP test (ASTM D 2986-71) with 0.3μm particles at the sampler's operating face velocity.

(3) Filter weight stability: Filter weight loss shall be less than 20μg, as measured in each of the following two tests specified in 6.9.1 and 6.9.2 of Appendix L. The following conditions apply to both of these tests: Filter weight loss shall be the average difference between the initial and the final filter weights of a random sample of 50 test filters. The filters shall be weighed under laboratory conditions and shall have had no air sample passed through them (i.e., filter blanks). Each test procedure must include initial conditioning and weighing, the test, and final conditioning and weighing. Conditioning and weighing shall be in accordance with Part 50, Appendix L, and general guidance provided in the following reference:

REFERENCE

Quality Assurance Guidance Document 2.12, which can be found at http://www.epa.gov/ttn/amtic/files/ambient/pm25/qa/m212covd.pdf.

(4) Test for loose, surface particle contamination: After the initial weighing, install each test filter, in turn, in a filter cassette (Figure numbers L-27, L-28, and L-29 from Appendix L) and drop the cassette from a height of 25 cm to a flat hard surface, such as a particle-free wood bench. Repeat two times, for a total of three drop tests for each test filter. Remove the test filter from the cassette and weigh the filter. The average change in weight must be less than 20μg.

(5) Test for temperature stability: After weighing each filter, place the test filters in a drying oven set at 40 deg C + 2 deg C for not less than 48 hours. Remove, condition, and reweigh each test filter. The average change in weight must be less than 20μg.

(6) Alkalinity: Less than 25 microequivalents/gram of filter, as measured by the procedure given in the above reference.

2.2.2 Trace Metal Analyses

The contractor shall analyze 50 filters for the trace elements listed below. The acceptance criteria is 90 percent (or 45 of the 50 filters) shall meet the following criteria. The average concentrations for the trace metals in 90 percent of the filters shall be less than the stated concentrations (which is twice the minimum detectable concentrations). The EPA shall reject the filters if any trace metal is ten times the minimum detectable concentration (or five times the concentrations stated below).

Maximum Concentration (ng/cm2) for Teflon Filters for XRF Analysis

2.3 Visual Inspection for Acceptance

The maximum number of rejects allowed for all physical characteristics combined is six (6) percent. No defect is permitted for filter identification, and the maximum number allowed for the visual is 10 percent for defective filters and five (5) percent for rejected filters.

The following descriptions of visual defects shall to be used in the acceptance inspection of the filters. Each filter is inspected, using a light screen or table or by viewing over a black surface, for the following defects:

(a) Pinhole - a small hole appearing (1) as a distinct and obvious bright point of light when examined over a light table or screen, or (2) as a dark spot when viewed over a black surface. Such a filter is considered a reject or unusable filter.

(b) Separation of ring - any separation or lack of seal between the filter and reinforcing ring. Such a filter is considered a reject filter.

(c) Chaff or flashing - any extra attached residual material on the ring or heat seal area which would prevent obtaining an airtight seal when the ring is placed under compression. Such a filter is considered a reject filter.

(d) Loose material - any extra loose material or dirt particles on the filter which would require removal by brushing prior to weighing. A filter with such a defect is considered a defective filter. Defective filters are considered usable.

(e) Discoloration - any obvious visible discoloration which might be evidence of a contaminant. Such a filter is considered a reject filter.

(f) Filter non-uniformity - any obvious visible non-uniformity in the appearance of the filter when viewed over a light table or black surface which might indicate graduation in porosity across the face of the filter or if the filter does not lay flat (e.g., laying in the petri dish). A filter with any such defect is considered defective.

(g) Other - a filter with any imperfections not described above, such as irregular surfaces or other results of poor workmanship may be considered defective.

2.4 Distribution of Filters to State and Local Air Pollution Agencies The contractor shall distribute filters, provided by EPA, to the state/local air pollution control agencies as soon as the testing has been completed and the filters are determined to be acceptable by EPA. The contractor shall transfer the appropriate number of filter boxes from the manufacturer’s shipping cases to boxes provided by the contractor for distribution of the filters to the State/local air pollution control agencies nationwide. The contractor shall never ship a partial filter box. EPA will provide the contractor a master letter (one-sided, 10 page document). The contractor shall make copies of this letter and include one copy in each shipment to the agencies.

After the filters are distributed, it is anticipated there will be remaining boxes of filters (a box measuring approximately 16”x 20”x 14”). The contractor shall store the remaining filters until the GSA CO notifies the contractor, in writing, to either a) send to state/local agencies whose filters were damaged in shipment or b) to dispose of them. If a state/local agency receives the filters from the contractor in a condition where contamination is suspected due to a shipping mishap and the contractor is notified, the contractor shall immediately notify EPA to get written consent to ship another set of filters to the participant.

2.5 Additional Testing- There is a possibility that additional batches may need to be tested. In the event additional testing is required the EPA COR will notify the GSA CO and the contractor via an action memo in ITSS. The GSA CO will then issue a modification to execute this action as needed.

3.0 Task Order Terms and Conditions

3.1 Place of Performance. Work will be performed at the contractor’s site.

3.2 Task Management. The client shall identify a Contracting Officer’s Representative (COR). Management of this task will be performed by GSA through the COR.

3.3 Contracting Officer’s Representative (COR) Designation. After task order award, the GSA Contracting Officer will appoint a COR and issue a COR appointment letter stating the authority for the COR. The contractor will receive a copy of the written designation.

4.0 Kick-Off Meeting A kick-off meeting will occur within ten (10) business days after task award. During this meeting, the client agency will review the contractor deliverables in accordance with all specifications and standards stated in the task start-up procedures and any directives issued by the Contracting Officer’s Representative (COR) during the life of this task.

5.0 Problem Resolution: The contractor shall bring problems or potential problems affecting performance to the attention of the CR and PM as soon as possible. Verbal reports will be followed up with written reports when directed. This notification shall not relieve the Contractor of its responsibility to correct problems for which they are responsible. The Contractor will work cooperatively with the Government to resolve issues as they arise.

6.0 Other Direct Costs (ODC’s)

ODC’s are categories of charges utilized by the contractor in the performance of the contract service. ODC’s are ancillary in nature and integrally related to the contractor’s ability to perform the service being acquired, i.e., they must be necessary for the completion of the contract. ODC’s must not duplicate cost covered in other areas of the contract.

The ODCs includes Shipping boxes and charges as well as testing of various filters such as Teflon, Glass and Quart Filters. The Awardee Contractor proposal will be used to establish the ODCs ceiling which will be negotiated prior to award.

Below is a chart that reflects historical data for filter orders for the requirement in Section 2:

ATTACHMENT A

FEDERAL ACQUISITION REGULATIONS (FAR)

FAR 52.217-8, Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the task order. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

FAR 52.217-9, Option to Extend the Term of the Contract (March 2000)

The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The total duration of this contract, including the exercise of any options under this clause, will not exceed five (5) years and six (6) months.

FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998).

This task order incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/far/index.html.

PAST PERFORMANCE INFORMATION - The Government will provide and record

Past Performance Information for acquisitions over $150,000 utilizing the Contractor Performance Assessment Reporting System (CPARS). The CPARS process allows contractor to view and comment on the Government's evaluation of the contractor's performance before it is finalized. Once the contractor’s past performance evaluation is finalized in CPARS it will be transmitted into the Past Performance Information Retrieval System (PPIRS). Contractors are required to register in the CPARS, so contractors may review and comment on past performance reports submitted through the CPARS. The CPARS and PPIRS websites are as follows:

CPARS

https://www.cpars.csd.disa.mil/

PPIRS

http://www.ppirs.gov/

252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law.

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-00004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012, (Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

Contractor Signature:

Contactor Printed name:

Contactor Company Name:

GSA Contract Number: ID04130058

Date:

Clauses by Reference

ATTACHMENT B

NON-PERSONAL SERVICES

GSA will not issue orders to provide services prohibited by Subpart 37.1 of the Federal Acquisition Regulations (FAR). Administration and monitoring of the contractor's performance by GSA or the COR shall not be as detailed or continual as to constitute supervision of contractor personnel. Government personnel may not perform any supervisory functions for contractor personnel, such as interviewing, appraising individual performance, scheduling leave or work, or directing how to perform work.

GSA meets the needs of its clients for support through non-personal services contracts/task orders. To counter the circumstances that infer personal services and to preserve the non-personal nature of the contract/task order, the Contractor shall adhere to the following guidelines in the performance of the task.

performance, approve leave or work scheduling of contractor employees, terminate contractor employees, assist contractor employees in doing their jobs or obtain assistance from the contractor in doing Government jobs.

ATTACHMENT C

INVOICE REQUIREMENTS

1. GSA ELECTRONIC INVOICING

Payment Information. Failure to enter an invoice into the GSA Central Invoice Service (CIS) web-based system may result in a rejection. The contractor shall provide the following payment information for GSA use. It must be an exact match with the information under the contract/task order number in the GSA ITSS Contract Registration (not the contractor’s company or individual representative’s registration) as well as with the information under the contractor’s DUNS number in the System for Award Management (SAM) web-based system, http://www.sam.gov. Mismatched information may result in rejected requests for payment.

2.

Invoice Information:

· Company Name – Legal Business Name and DBA (Doing Business As) Name

· Mailing Address – Contact and Address Information

· Remittance Address – Remit To Address Information

· Employer’s Identification Number – Federal Tax ID

· DUNS (Data Universal Numbering System)

· Invoice Number – must not include any special characters; CIS and the invoice must match

· ACT Number from GSA Form 300, Block 4

· GSA Task Order Number – must match ITSS

· Contract Number from GSA Form 300, Block 3

· Point of Contact and Phone Number

· Task Order Period of Performance and the exact Billing Period

· Charges, identified by deliverable or line item(s), with a narrative description of the service performed

· Prompt Payment Discount, if offered

· Total cumulative task order amount and burn rate

3. Invoice Submission Process: Contractors shall submit the official invoice in CIS via the GSA ASSIST PORTAL (https://portal.fas.gsa.gov/web/guest/home) as follows:

LOGIN to ASSIST(SEARCH for your GSA order number (Example: ID041XXXXX) (SELECT the ‘Invoices and Acceptance Reports’ Link;

CREATE New Invoice(COMPLETE the Invoice Form;

ATTACH (mandatory) file copy of invoice and other required supporting documents(SUBMIT the form:

NOTE: Original receipts, travel vouchers, and related documentation that have been completed in accordance with Government Federal Travel Regulations (JTR) shall be maintained by the contractor and made available to Government auditors upon request. Reimbursable costs must not exceed the limit(s) specified in the task order. The Government will not pay charges that are not specifically identified in the task and approved, in advance, by the Contracting Officer.

· Invoices for final payment must be identified as ‘FINAL’ and submitted within 60 days from task completion. No further charges are to be billed. The contractor shall request an extension for final invoices that may exceed the 60 days from GSA.

· After invoice submission is completed, the COR will accept goods or services then the GSA Representative will accept the invoice for payment.

For assistance, please contact the AASBS Help Desk at (877) 472-4877 or aasbs.helpdesk@gsa.gov. For CIS training, please review the CIS training modules for Contractors at Central Invoice Service Training for Contractors.

4 Reimbursable. Reimbursables must not exceed the limit(s) specified in the task order. The Government will not pay charges that are not specifically identified and approved, in advance, by the Government. Copies of receipts, travel vouchers, etc. that have been completed in accordance with Government JTRs shall be attached to the invoice to support charges other than employee labor hours.

The amount invoiced shall include labor charges for actual hours worked and other direct costs (ODCs) which may be authorized by this task order (e.g., travel). For ODCs, invoiced charges shall not exceed the limit specified in the task order. No charges will be paid by the Government, which are not specifically identified in the task and approved in advance by the Government. Copies of receipts, travel vouchers, etc., completed in accordance with Government Travel Regulations shall be attached to the invoice to support charges other than personnel hours. Original receipts shall be maintained by the contractor and made available to Government auditors upon request.

The invoice shall be submitted on official company letterhead with detailed costs for each of the following categories:

· Labor expended for each skill category

· Total labor charges

· Travel and per diem charges (if any)

· Total other direct costs (ODCs) (if any)

· Total invoice amount

· Prompt payment discount offered, if applicable

5. Final Invoice and Release of Claims The contractor shall submit a final invoice within 60 calendar days after the end of the Performance Period. Invoices for final payment must be so identified. No further charges are to be billed. The contractor may request from GSA a 60-day extension for final invoices submission with valid justification.

6.0 Payment Schedule. The contractor shall invoice for deliverables in accordance with the payment schedule that was submitted to and approved by the GSA Contracting Officer.

ATTACHMENT D

QUALITY CONTROL AND ACCEPTANCE

1.0 Quality Control Plan (QCP)

1.1 In compliance with standards as specified in this document, the Contractor shall provide and maintain a QCP that contains, as a minimum, the items listed below to the GSA Contracting Officer (CO) for acceptance not later than seven days (7) after the start of this task order and whenever a significant change is necessitated in the QCP. The CO will notify the Contractor of acceptability of the plan within seven days. The Contractor shall make appropriate modifications and submit the revised QCP to the CO within seven days of notification of required changes.

1.2 The plan shall include the following requirements, as a minimum:

· A description of the inspection system to cover all services listed in the Performance Work Statement and Performance/Deliverables Matrix. Description shall include specifics as to the areas to be inspected on both a scheduled and unscheduled basis, frequency of inspections, and the title and organizational placement of the inspectors. Additionally, control procedures for any Government-provided keys or lock combination shall be included.

· A description of the methods to be used for identifying and preventing defects in the quality of service performed.

· A description of the records to be kept to document inspections and corrective or preventive actions taken.

· All records of inspections performed shall be retained and made available to the Government upon request.

2.0 Quality Assurance The Government will evaluate the Contractor’s performance of this task order. For those services listed in the Performance/Deliverables Matrix, Contracting Officer’s Representative (COR), or evaluators will follow the method of surveillance specified. Government personnel will record all surveillance observations. When an observation indicates defective performance, the COR, or evaluators will require the task order manager or representative at the site to initial the observation. The initialing of the observation acknowledges that the Contractor has been made aware of the defective performance and does not necessarily constitute concurrence with the observation. Government surveillance of services not listed in the Performance/Deliverables Matrix or by methods other than those listed in the Performance/Deliverables Matrix (such as provided in the Inspection of Services clause) may occur.

2.1 Acceptance The acceptance of deliverables and satisfactory work performance required herein shall be based on the standards as specified in this task order. Only the COR, CR, or an authorized alternate has the authority to inspect, accept, or reject work performed under this task order. Unless specified otherwise, the Government will provide acceptance, conditional acceptance, or rejection within seven calendar days. If the deliverable is conditionally accepted or rejected, the Contractor shall have seven days to re-submit unless a different date is mutually established. If the Government chooses to accept sub-standard work, personnel qualifications, or other contractor shortfalls due to special circumstances, such acceptance does not obligate the government to accept similar sub-standard performance in the future. In such cases the Government will inform the contractor that standards are not being met per the Quality Assurance process, and the contractor will correct the situation in a reasonable time.

Acceptance/Rejection

The contractor shall submit all test results in a report via GSA ITSS official procurement system as an Action Memo to EPA and GSA CO and Customer Account Manager within 75 days after receipt of the filters.

Upon Test Report from Contractor EPA will review and notify the contractor via an Action Memo to Contractor and GSA. The contractor shall ship the filters to the designated State/local agencies within five (5) days after approval from EPA.

The contractor shall store the remaining filters for up to 24 months

Attachment E. ORGANIZATIONAL CONFLICT OF INTEREST (OCI)

(a) Organizational Conflict of Interest” means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. “Person” as used herein includes Corporations, Partnerships, Joint Ventures, and other business enterprises. All actual or potential OCI situations shall be handled in accordance with FAR Subpart 9.5. Offeror as used in this solicitation section addressing OCI shall include all vendors that the company submitting this proposal has entered into a contractor teaming agreement or prime subcontractor relationship with in connection with its proposal submission for this acquisition.

(b) If the Offeror is currently providing support or anticipates providing support to the Government that presents an actual or potential OCI with the requirements for this acquisition, the Offeror warrants that to the best of its knowledge and belief, and except as otherwise set forth in the contract, the Contractor does not have any organizational conflict of interest(s) as defined in paragraph (a).

(c) It is recognized that the effort to be performed by the contractor under this contract may create a potential organizational conflict of interest on the instant contract or on a future acquisition. In order to avoid this potential conflict of interest, and at the same time to avoid prejudicing the best interest of the Government, the right of the Contractor to participate in future procurement of equipment and/or services that are the subject of any work under this contract shall be limited as described below in accordance with the requirements of FAR 9.5.

(d) (1) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any proprietary information provided to the Contractor by the Government during or as a result of performance of this contract. Such information includes, but is not limited to, information submitted to the Government on a confidential basis by other persons. Further, the prohibition against release of Government provided information extends to cover such information whether or not in its original form, e.g. where the information has been included in Contractor generated work or where it is discernible from materials incorporating or based upon such information. This prohibition shall not expire after a given period of time.

(2) The contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any information generated or derived during or as a result of performance of this contract. This prohibition shall expire after a period of one year after completion of performance on this contract.

(3) The prohibitions contained in subparagraphs (d)(1) and (d)(2) shall apply with equal force to any affiliate of the Contractor, any subcontractor, consultant, or employee of the Contractor, any joint venture involving the Contractor, any entity into or with which it may merge or affiliate, or any successor or assign of the Contractor. The terms of paragraph (f) of this Special Contract Requirement relating to notification shall apply to any release of information in contravention of this paragraph (d).

(e) The Contractor further agrees that, during the performance of this contract and for a period of one year after completion of performance of this contract, the Contractor, any affiliate of the Contractor, any subcontractor, officers of the company participating in the contract, any joint venture involving the Contractor, any entity into or with which it may subsequently merge or affiliate, or any other successor or assign of the Contractor, shall not furnish to the United States Government, either as a prime contractor or as a subcontractor, or as a consultant to a prime contractor or subcontractor, any system, component or services which is the subject of the work to be performed under this contract. This exclusion does not apply to any re-competition for those systems, components or services furnished pursuant to this contract. As provide in FAR 9.505-2, if the Government procures the system, component, or services on the basis of work statements growing out of the effort performed under this contract, from a source other than the contractor, subcontractor, affiliate, or assign of either, during the course of performance of this contract or before the one year period following completion of this contract has lapsed, the Contractor may, with the authorization of the cognizant CO, participate in a subsequent procurement for the same system, component, or service. In other words, the Contractor may be authorized to compete for procurement(s) for systems, components or services subsequent to an intervening procurement.

(f) The Contractor agrees that, if after award, it discovers an actual or potential organizational conflict of interest; it shall make immediate and full disclosure in writing to the CO. The notification shall include a description of the actual or potential organizational conflict of interest, a description of the action, which the Contractor has taken or proposes to take to avoid, mitigate, or neutralize the conflict, and any other relevant information that would assist the CO in making a determination on this matter. Notwithstanding this notification, the Government may terminate the contract for the convenience of the Government if determined to be in the best interest of the Government.

(g) Notwithstanding paragraph (f) above, if the Contractor was aware, or should have been aware, of an organizational conflict of interest prior to the award of this contract or becomes, or should become, aware of an organizational conflict of interest after award of this contract and does not make an immediate and full disclosure in writing to the CO, the Government may terminate this contract for default.

(h) If the Contractor takes any action prohibited by this requirement or fails to take action required by this requirement, the Government may terminate this contract for default.

(i) The CO’s decision as to the existence or nonexistence of an actual or potential organizational conflict of interest shall be final and is not subject to the clause of this contract entitled “DISPUTES” (FAR 52.233-1).

(j) Nothing in this requirement is intended to prohibit or preclude the Contractor form marketing or selling to the United States Government its product lines in existence on the effective date of this contract; nor, shall this requirement preclude the Contractor from participating in research and development or delivering any design development model or prototype of any such equipment. Additionally, sale of catalog or standard commercial items are exempt from this requirement.

(k) The Contractor shall promptly notify the CO, in writing, if it has been tasked to evaluate or advise the Government concerning its own products or activities or those of a competitor in order to ensure proper safeguards exist to guarantee objectivity and to protect the Government’s interest.

(l) The Contractor shall include this requirement in subcontracts of any tier, which involve access to information, or situations/conditions covered by the preceding paragraphs, substituting “subcontractor” for “contractor” where appropriate.

(m) The rights and remedies described herein shall not be exclusive and are in addition to other rights and remedies provided by law or elsewhere included in this contract.

Compliance with this requirement is a material requirement of this contract.

ATTACHMENT F

WORKLOAD HISTORY

The labor hour estimates and position descriptions presented below are provided as a workload estimate only (per year) and are not intended to be binding on either party or to be the only possible solution to the requirements.

Attachment G - ACRONYM

Attachment H – Acceptance Report (template for report)

Task Order ID: ID04150085

Task Title: Acceptance Testing of Filters

Client Organization: U.S. Environmental Protection Agency, Acquisition and Accountability, Central Operations and Resources, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711

ACTION: Attachment D 2.1 – Acceptance – The Contractor shall submit all test results in a report to the GSA ITSS official procurement system as an Action Memo to EPA and GSA within 75 days after receipt of the filters

TEST RESULTS

See Section 2.0 Specific Requirements for testing of filters and criteria for each type of filters.