ID04150093_TAB_10_RFQ_ITO_11202015_FINAL.pdf

ID04150093 RFQ‐ITO DRAFT

Table of Contents

PART I – CONTINUATION FROM ITSS SF1449 CONTRACT COVER PAGE

PART II – CONTRACT CLAUSES

FAR 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(Addendum to 52.212-4, para (a) Inspection/Acceptance)

Government Acceptance Criteria and Procedures

FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAY 2015)

52.216-18 – Ordering (Oct 1995)

52.216-19 -- Order Limitations (Oct 1995)

52.216-21 -- Requirements (Oct 1995)

FAR 52.217-8, Option to Extend Services (Nov 1999) ......................... Error! Bookmark not defined.

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

FAR 52.242-15 Stop Work Order (AUG 1989)

FAR 52.242-17 Government Delay of Work (APR 1984)

FAR 52.246-11 Higher-Level Contract Quality Requirement. (Dec 2014)

FAR 52.247-34 FOB Destination (NOV 1991)

Quality Control Program

Government Surveillance

Past Performance Information

Packing and Marking

Place of Delivery

Delivery Schedule

Reports and Notifications

Contracting Officer Responsibilities

Contracting Officer’s Representative’s Responsibilities

Invoice Requirements

Kick Off Meeting

Organizational Conflict of Interest (Oct 2010) – Alternatives III, IV, VI

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

PART IV - LISTING OF SOLICITATION PROVISIONS

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUL 2013) . 29

Instructions for Submitting Proposals

(Addendum to provision 52.212-1)

52.216-1 Type of Contract (APR 1984)

Quotation Preparation Instructions

52.212-2 EVALUATION – COMMERCIAL ITEMS (Jan 1999)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS.

52.209-7 – Information Regarding Responsibility Matters. (Feb 2012)

552.203-72 Representation by Corporations Regarding an Unpaid Delinquent Federal Tax Liability or a Felony Conviction under any Federal Law (DEVIATION) (JAN 2015)

This contract is being solicited using the procedures at FAR subpart 12, and is therefore organized in accordance with the format at FAR12.303.

PART I – CONTINUATION FROM ITSS SF1449 CONTRACT COVER PAGE

(a) The contractor shall provide their total proposed amounts in blocks 23 and 24 of the SF1449 cover page through the GSA business systems portal, ITSS (https://portal.fas.gsa.gov/web/guest) for all contract line item numbers (CLINS). Separate CLINs are provided for a one year base ordering period and for each one year optional ordering period. All delivery orders issued under the terms of this solicitation and resultant contract shall be issued via electronic commerce methods using the GSA ITSS business systems application on a GSA form 300 by a GSA R4 FAS Contracting Officer. No other method of issuing orders is authorized.

(Continuation from ITSS SF1449 Contract Cover Page)

19.

ITEM NO.

20. SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

(Best Estimated)

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

TASK ITEM DESCRIPTION

1001 Base Ordering Period (PM2.5 Filters) 200,000 EA

2001 Option Ordering Period I (PM2.5 Filters) 200,000 EA

Option Ordering Period II (PM2.5 Filters) 200,000 EA

Option Ordering Period III (PM2.5 Filters) 200,000 EA

Option Ordering Period IV (PM2.5 Filters) 200,000 EA

(b) The contractor (independently, and not as an agent of the Government) shall provide all resources (except as may be expressly stated in this contract as furnished by the Government) required to produce and deliver the PM2.5 Teflon filters in accordance with the specifications at 40 CFR part 50, Appendix L and as specifically set forth and required by this contract and any orders issued pursuant to the clause entitled, “Ordering”.

The contract being solicited under this Request for Quote (RFQ) will be an Indefinite Delivery, Requirements contract as contemplated by FAR 16.503; as such, the quantities specified in the schedule represent the Government’s Best Estimated Quantities (BEQ) and do not represent a minimum or maximum quantity. Failure of the Government to order the BEQ shall not entitle the contractor to an equitable adjustment in price in the contract.

This contract shall be effective as of contract award, and the base ordering period shall continue up through twelve (12) months, unless terminated sooner according to its terms. Four (4) annual optional ordering periods are included.

POP FROM TO

Base Ordering Period 01/27/2016 1/26/2017 Option Ordering Period 1 01/27/2017 1/26/2018 Option Ordering Period 2 01/27/2018 1/26/2019 Option Ordering Period 3 01/27/2019 1/26/2020 Option Ordering Period 4 01/27/2020 1/26/2021

Orders will be issued on an as-needed basis, in accordance with FAR clause 52.216-18 Ordering under this contract. Unit prices for filters ordered under this contract during each ordering period are set forth in the schedule.

This requirement is for new items, only. No remanufactured, refurbished, or “gray market” items will be accepted. All items shall include the manufacturer’s standard warranty. If an offeror is a reseller or distributor of the required items, current-dated documentation to support reseller authority or certification shall be provided at the time of quote. Any items that have been acquired by the offeror from un-authorized channels, GSA reserves the right to return the items for a full refund.

Government approval/acceptance of any requirement, plan/procedure, report, end items of whatever nature, pre-production units, production units, in short, of any deliverable under this contract of whatever nature, does not relieve the contractor of its obligations under the contract, does not constitute Government responsibility of any defects in any of the aforesaid items, nor Government acceptance of any item design, or constitute actual or constructive notice to the Government of any defects, including latent defects. Any re-testing, re-drafting, re-writing, and/or additional efforts of whatever nature caused as a result of Government disapproval of any of the aforesaid items shall be at the sole cost of the contractor.

PART II – CONTRACT CLAUSES

This contract 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/these address(es):

FAR website: http://acquisition.gov/far/index.html DFAR website: http://farsite.hill.af.mil/ GSAM website: http://acquisiton.gov/comp/gsam/gsam.html

FAR 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(Addendum to 52.212-4, para (a) Inspection/Acceptance)

Government Acceptance Criteria and Procedures

ACCEPTANCE PERIOD: The Government will accept or reject each lot delivered under any delivery order issued pursuant to FAR 52.216-18 Ordering of this contract within 90 days after receipt at the shipping address for the client agency (EPA) identified under each individual order.

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), Professional Services Division, Southeast Sunbelt Region.

1.1 Background/ Intend Use of Product:

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 Teflon® filters are used with a sampler to collect PM 2.5 and PM-10 (particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers or 10 micrometers, respectively) samples. This process assures filters with uniform characteristics and known quality assurance testing for the national particulate networks.

EPA obtains the filters each year from a contractor and has them shipped to EPA for acceptance testing. The filters per delivery order must be made from the same lot of raw materials for distribution to the States. If the acceptance testing confirms that the filters meet EPA specifications for physical and chemical properties, the EPA distributes the filters to the State/local air pollution control agencies.

It is important that all filters of the same type from the same delivery contain a uniform level of impurities. Therefore, the contractor shall manufacture all filters for a delivery from the same sheet material using a single production line and one production run.

The Teflon® filters shall be numbered consecutively on both sides of the filter as follows:

Manufactured For Use In Year In Year Beginning number

CY-2015 CY-2016 T-6,500,001

CY-2016 CY-2017 T-7,500,001

CY-2017 CY-2018 T-8,500,001

CY-2018 CY-2019 T-9,500,001

CY-2019 CY-2020 T-0,500,001

In addition, A data matrix code shall be added to each side of the filter for unique identification that would match the number specified for inclusion on the filter as described above.

2.0 Manufacturing Requirements /Testing Criteria:

Under the requirements of 40 CFR Part 50, Appendix L as shown below, the contractor shall perform the following tests and provide the results to EPA at time of delivery of the filters. EPA will also perform the same tests for acceptability.

Any filter manufacturer or vendor who sells or offers to sell filters specifically identified for use with this PM2.5 reference method shall certify that the required number of filters from each lot (0.1 percent or 10, whichever is greater) of filters offered for sale have been tested as specified for the following tests:

- Test for loose, surface particle contamination, and

- Test for temperature stability

Any filter manufacturer or vendor who sells or offers to sell filters specifically identified for use with this PM2.5 reference method shall certify that a minimum of 50 filters from each lot of filters offered for sale have been tested as specified for the following tests:

Size Medium Support ring Pore size Filter thickness Maximum pressure drop (clean filter) Maximum moisture pickup Collection efficiency Alkalinity Special requirements (which includes the trace metals)

(1) Size: Circular, 46.2 mm diameter 0.25 mm.

(2) Medium: Polytetrafluoroethylene (PTFE Teflon®), with integral support ring.

(3) Support ring: Polymethylpentene (PMP) or equivalent inert material, 0.38 ±0.04 mm thick, outer diameter 46.2 mm ±0.25 mm, and width of 3.68 mm (+0.00, -0.51 mm).

(4) Pore size: 2 μm as measured by ASTM F 316-94

(5) Filter thickness: 30 to 50 μm

(6) Maximum pressure drop (clean filter): 30 cm H2O column @ 16.67 L/min clean air flow.

(7) Maximum moisture pickup: Not more than 10 μg 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.

(8) Collection efficiency. Greater than 99.7 percent, as measured by the DOP test (ASTM D 2986-91) with 0.3 μm particles at the sampler's operating face velocity.

(9) Filter weight stability. The average filter weight loss shall be less than 20 μg, as measured in each of the following two tests specified in A(9)(a) and A(9)(b). 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 test filters selected from each lot prior to sale. The number of filters tested shall be not less than 0.1% of the filters of each manufacturing lot, or 10 filters, whichever is greater. 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 40 CFR, Part 50, Appendix L, and general guidance provided in the following reference:

REFERENCE

Quality Assurance Guidance Document 2.12: Monitoring PM2.5 in Ambient Air Using Designated Reference or Class I Equivalent Methods.� This document can be found at :

- http://www.epa.gov/ttn/amtic/files/ambient/pm25/qa/m212covd.pdf

(a) Test for loose, surface particle contamination. After the initial weighing, install each test filter, in turn, in a filter cassette (CFR, Appendix L, Figure numbers L-27, L-28, and L-29 of ) 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 20 μg.

(b) Test for temperature stability. After weighing each filter, place the test filters in a drying oven set at 40 degrees Celsius ± 2 degrees Celsius for not less than 48 hours.

Remove, condition, and reweigh each test filter. The average change in weight must be less than 20 μg.

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

(11) Packaging. The filters of production lots shall be packed in two sets (of 25 filters each) for a total of 50 filters in suitable clear, hard, dust-tight, non-contaminating plastic containers. The top of each container shall be appropriately labeled, including serial numbers corresponding to the filters contained therein. Also, the exterior of each box of filters shall be marked with the box number (i.e., Box 1 [T-5,000,001-T-5,000,050]).

3.0 EPA Acceptance Criteria

1. The EPA will use the following test methods to check the filters.

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

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 Procedure

Atmospheric Research and Exposure Assessment Laboratory (AREAL) Visual

Inspection Test for Filters

ASTM D2986-71 Standard Method for Evaluation of Air Assay Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test.

The EPA will test 500 filters from each batch of Teflon® filters provided by the manufacturer, where a batch is defined as the filters to be used in one calendar year, specified by the EPA for acceptance testing by the physical and chemical tests described below. All 500 filters shall be subjected to the visual inspection tests and then a certain quantity (specified in chart) shall be subjected to the other tests described below. EPA will also duplicate, unless otherwise covered below, all the testing as required above for the contractor.

2. 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.)

Test/Analysis Maximum

Minimum

Reinforcing Ring, outside diameter

Micrometer or Template

46.45 mm (millimeters)

45.95 mm

Reinforcing Ring, width

Micrometer or Template

3.68 mm

3.17 mm

Reinforcing Ring, thickness

Micrometer

0.42 mm

0.34 mm

∆P at 16.7 L/min

ASTM Method D2986-71

30 cm H2O

30 cm H20

Retention of Particles 0.3m in diameter

ASTM Method D2986-71

99.7%

Numbering of Filter Container

All containers selected for test/analysis

Visual

No defect permitted

Calendar Year ID

All containers encountered during sampling or use

No defect permitted

All filters selected for test/analysis

AREAL Visual Inspection Test Procedure

a. Defect Filters

b. Reject Filters

a. 10%

b. 5%

a. NONE

b. NONE

The maximum number of rejects allowed for all physical characteristics combined is 5 percent.

No defect is permitted for filter identification, and the maximum number allowed for the visual is 10 percent for defective filters and 5 percent for rejected filters.

3. Visual Inspection for Acceptance: The following descriptions of visual defects are 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.

4. Considerations for trace metal analyses on 46.2 mm Teflon® filters:

(a) EPA will test a subset of 50 filters for the trace metals; these filters will be selected by a computer generated random selection process.

(b) The EPA acceptance criterion is 90 percent (or 45 of the 50 filters) shall meet the acceptance criteria previously submitted to Contracts. That is, the average concentrations for the trace metals in 90 percent of the filters shall be less than the stated concentrations (which happens to be twice the minimum detectable concentrations). This will allow the acceptance of the filters with some margin of error.

(c) EPA proposes to reject the filters if any trace metal is ten times the minimum detectable concentration (or five times the stated concentrations).

(d) The full list of metals and concentrations for which EPA will test for are as follows:

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

(ng/cm2) Element Concentration

(ng/cm2) Al 94.4 Se 1.6 Si 32.8 Ce 70.8 P 22.6 Mg 15.2 S 13.4 Br 2.0 Cl 9.4 Rb 2.0 K 5.6 Sr 2.2 Ca 8.2 Zr 13.2 Ti 13.8 Ag 9.6 V 4.8 Cd 10.8 Cr 2.2 Sn 15.2 Mn 2.2 Sb 14.4 Fe 5.8 Cs 25.0 Co 4.0 Ba 32.2 Ni 3.0 Pb 4.8 Cu 2.8 In 27.0 Zn 2.2 Na 44.7 As 2.8

5. Equitable Adjustment for Filters over the Acceptable Defect/Reject

Filters must meet the chemical and physical properties described above. An equitable adjustment will be applied to all filters that exceed the defect and/or reject maximum. The adjustment will be applied as follows: # of filters ordered X % over the allowable defect/reject maximum = _____ X price per each filter X 33% assumed scrap rate by the states = total equitable adjustment.

FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAY 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111- 117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C.

6101 note).

X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)).

_X__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

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

_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

_X__ (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 (Nov 2011) (15 U.S.C. 657f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

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

_X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

_X (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

_X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

_ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (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.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

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

X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O.

13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O.

13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O.

13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.216-18 – Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from _see schedule__ through __see schedule_____ [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

52.216-19 -- Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ___50,000 filters__ [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of __1,000,000 filters__ [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of __1,000,000 filters___ [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within ___30___ days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _30_ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-21 -- Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The

Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after ___delivery and completion of all orders __ [insert date].

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5)/60 months years.

(End of clause)

FAR 52.242-15 Stop Work Order (AUG 1989) FAR 52.242-17 Government Delay of Work (APR 1984)

FAR 52.246-11 Higher-Level Contract Quality Requirement. (Dec 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

[Contracting Officer insert the title, number, date, and tailoring (if any) of the higher-level quality standards.]

-Specifications and Guidelines for Quality Systems for Environmental Data Collection and Environmental Technology Programs ANSI/ASQC E4 (1994)

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in—

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require—

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instruction, documentation control, and advanced metrology.

(End of Clause)

FAR 52.247-34 FOB Destination (NOV 1991)

Quality Control Program

The Contractor shall ensure all work will be performed in accordance with the contract requirements, in compliance with the FAR clause 52.212-4, paragraph entitled “Inspection/Acceptance”, as well as any addenda set forth under this contract. The contractor shall maintain, and submit to the Government as indicated below, a complete Request For Quote (RFQ) and Category IV Quality Assurance Project Plan (QAPP) addressing the inspection system used to ensure the requirements of this contract are met. The QMP shall be submitted with the proposal for evaluation by the Government during evaluation of the technical proposal in response to the solicitation. The government will approve the Category IV QAPP within 2 weeks after receipt. The contracting officer shall notify the contractor of acceptance or any required modifications. Acceptance of the QAPP plan by the contracting officer is required prior to the start of performance. The contractor shall not begin work until after QMP and QAPP approval. http://www2.epa.gov/sites/production/files/2015-07/documents/r5-final.pdf

The solicitation and contract require the offeror/contractor to demonstrate conformance to ANSI/ASQC E4 by submitting the quality documentation described below.

In addition, after award of the contract, the contractor shall also implement all quality documentation approved by the Government.

Pre-Award Documentation: The offeror must submit the following quality system documentation as a separate and identifieable aprt of its technical quote –

Documentation Specification Quality Management Plan (QMP) EPA requirements for Quality Management

Plans (QA/R-2) *Specification is accessible via the link below http://www2.epa.gov/sites/production/files/2015-07/documents/r2-final.pdf

A. Post-Award Documentation: The Contractor shall submit the following quality system documentation to the Contracting Offiercer’s Representative (COR) at the time frame identified below –

Documentation Specification Quality Assurance Project Plan (QAPP) EPA Requirements for Quality Assurance Project Plans (QA/R-5)

*Specification is accessible via the link below http://www2.epa.gov/sites/production/files/2015‐07/documents/r5‐final.pdf http://www3.epa.gov/ttn/amtic/files/ambient/monitorstrat/gradeapp.pdf

Government Surveillance

The Government shall periodically evaluate the contractor’s performance by appointing a representative(s) to monitor performance to ensure services are received. The Government representative shall evaluate the contractor’s performance through intermittent on-site inspections of the contractor's quality control program and receipt of complaints from personnel.

The Government may inspect each task as completed or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints. Likewise, the Government may decrease the number of quality control inspections if merited by performance. The contractor shall be responsible for initially validating customer complaints. However, the Government representative shall make final determination of the validity of customer complaint(s) in cases of disagreement with customer(s). The Government will evaluate the contractor’s performance under this contract.

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 contractors 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. Go to the following website to register in the CPARS: https://www.cpars.csd.disa.mil/

Shipment and Marking

(a) The contract number shall be placed on or adjacent to all exterior mailing and shipping labels of deliverable items called for under the contract, except for reports.

(b) Ship deliverable items, except for reports, to:

U.S. Environmental Protection Agency (EPA) 4930 Page Rd Mail Code C404-02 Durham, NC 27703

(c) Mark deliverables, except reports, for:

Mr. Jeff Yane Delivery Order project officer

MD: C339-02

Packing and Marking

Packaging. The filters of production lots shall be packed in two sets (of 25 filters each) for a total of 50 filters suitable clear, hard, dust tight, non- contaminating plastic containers. The top of each container shall be appropriately labeled, including serial numbers corresponding to the filters contained therein. Also, the exterior of each box of filters shall be marked with the box number (i.e., Box 1 [T-5,000,001-T-5,000,050]) and the GSA task order number ID40150093.

Upon shipping, it is requested that an electronic shipment notification be forwarded via email to the GSA Contracting Officer’s Representative (COR) and the GSA Customer Account Manager/Contract Specialist. The following information should be included in the electronic shipment notification:

- Item(s) Shipped

- Date of Shipment

- Tracking Number of Shipment.

Place of Delivery

The required items shall be shipped to the location as specified on each individual order. Each location shall receive the quantity of items indicated, and shipped in the order listed. Terms are FOB Destination, and shipping costs shall not be separately charged.

Delivery Schedule

Delivery of filters ordered via issuance of a delivery order under the terms of clause 52.216-18, Ordering, of this contract shall be delivered to the location FOB Destination specified in the order, 120 days after the effective date specified on each individual order.

The government further anticipates up to two (2) orders will be issued annually; however orders may be issued more or less frequently. The government anticipates orders will not be issued more frequently than quarterly.

Reports and Notifications

Delivery of Reports

The Contractor shall provide any and all deliverables required by this contract as detailed below.

Contractor provided format for these documents will be acceptable. The deliverables shall be submitted via electronic means in a format compatible with Microsoft Office 2010. Unless otherwise advised by the SCO, all deliverables shall be uploaded electronically to ITSS (https://itsolutions.gsa.gov).

The Government will have five (5) business days to review the deliverable for content. If the deliverable is unacceptable, the Government will return it to the Contractor within two (2) days and the Contractor shall provide a revised report within two (2) days that is acceptable to the Government.

The Contractor shall notify the Government project manager, contracting officer and COR as specified when the Contractor determines that tasks will not be completed on time.

Contracting Officer Responsibilities

(a) The Contracting Officer (CO) is the sole and exclusive government official with actual authority to take actions which may bind the Government under this contract.

(b) The right to issue contract modifications, change terms and conditions, and terminate the contract is reserved solely for the Contracting Officer.

Contracting Officer’s Representative’s Responsibilities

a) The Contracting Officer’s Representative (COR) is responsible for monitoring the contractor's progress in fulfilling the technical requirements in the contract. The COR ensures that all required documentation and data are submitted in accordance with the procurement deliverable schedule. Should the contractor fail to fulfill the contractual requirements, the COR must inform the contractor of such failure. The COR will inform the contracting officer of any technical or contractual problems or delays. The COR maintains administration records, approves invoices and performs final inspection and acceptance of work performed under this contract.

b) The COR has no actual, apparent or implied authority to bind the Government. The COR may not grant the contractor permission to deviate from the requirements stated in the contract, nor direct the contractor to perform any work outside the scope of the contract. Changes in the contract requirements, price or terms and conditions will only be made by the CO via properly executed modifications to the Contract. The Contracting Officer will appoint a COR and issue a COR Designation Letter stating the authority of the COR. The contractor will receive a copy of the written designation.

c) The services to be performed by the contractor during the period of this contract shall at all times and in all places be subject to review by the Contracting Officer or authorized representative(s).

Invoice Requirements

Invoice Submittal

(a) A proper invoice shall be submitted not later than ten (10) workdays of each month after completion the task or deliverables. The original invoice must be submitted to GSA Finance and simultaneously submit a copy via IT Solutions website (ITSS) for acceptance and evaluation. If your invoice is not submitted into ITSS and GSA Finance, the invoice will be rejected. The original invoice may be done electronically to the finance center web site (http://www.finance.gsa.gov).

(b) The invoice information posted in ITSS must match the invoice information submitted to GSA’s finance center to initiate a receiving report.

(c) The payment information must satisfy a three-way match (ITSS, GSA finance center, and SAM) for the invoice to be successfully processed for payment.

(d) If the contractor submits a revised invoice, the revised invoice must…