Oil_Contract.pdf

N00167-13-T-0090

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Shipboard Oil Pollution Abatement Year 1

Investigate several technologies to treat shipboard generated oily wastewater. See attached Statement of Work for more information.

The total price of the CLIN shall be calculated by filling out the table entitled "Unit Prices per Test- Year 1" FOB: Destination

PURCHASE REQUEST NUMBER: 1300350528

FFP

NET AMT

0002 1 Lot Shipboard Oil Pollution Abatement Year 2

Investigate several technologies to treat shipboard generated oily wastewater. See attached Statement of Work for more information.

The total price of the CLIN shall be calculated by filling out the table entitled "Unit Prices per Test- Year 2" FOB: Destination

0003 1 Lot Shipboard Oil Pollution Abatement Year 3

Investigate several technologies to treat shipboard generated oily wastewater. See attached Statement of Work for more information.

The total price of the CLIN shall be calculated by filling out the table entitled "Unit Prices per Test- Year 3"

0004 1 Lot Shipboard Oil Pollution Abatement Year 4

Investigate several technologies to treat shipboard generated oily wastewater. See attached Statement of Work for more information.

The total price of the CLIN shall be calculated by filling out the table entitled "Unit Prices per Test- Year 4"

0005 1 Lot Shipboard Oil Pollution Abatement Year 5

Investigate several technologies to treat shipboard generated oily wastewater. See attached Statement of Work for more information.

The total price of the CLIN shall be calculated by filling out the table entitled "Unit Prices per Test- Year 5"

UNIT PRICES PER TEST- YEAR 1

Analytical Method Ceiling

Quantity Unit Price

Total

EPA 1664 (HEM)

Low oil level (<1000 ppm oil)

EPA 1664 ( SGT-HEM)

Low oil level (<1000 ppm oil)

EPA 1664 (HEM)

High oil level (>1000 ppm oil)

EPA 1664 (SGT-HEM)

High oil level (>1000 ppm oil)

ISO 9377-2 with Hexane as the extraction solvent

EPA 8015 DRO 20

EPA 8015 GRO 10

Other oil analysis priced per hour of laboratory time hours

UNIT PRICES PER TEST- YEAR 2

Quantity Unit Price

Total

EPA 1664 (HEM)

Low oil level (<1000 ppm oil)

EPA 1664 ( SGT-HEM)

Low oil level (<1000 ppm oil)

EPA 1664 (HEM)

High oil level (>1000 ppm oil)

EPA 1664 (SGT-HEM)

High oil level (>1000 ppm oil)

EPA 8015 GRO 10

Other oil analysis priced per 20 hour of laboratory time hours

UNIT PRICES PER TEST- YEAR 3

Quantity Unit Price

Total

EPA 1664 (HEM)

Low oil level (<1000 ppm oil)

EPA 1664 ( SGT-HEM)

Low oil level (<1000 ppm oil)

EPA 1664 (HEM)

High oil level (>1000 ppm oil)

EPA 1664 (SGT-HEM)

High oil level (>1000 ppm oil)

EPA 8015 GRO 10

Other oil analysis priced per hour of laboratory time

UNIT PRICES PER TEST- YEAR 4

Quantity Unit Price

Total

EPA 1664 (HEM)

Low oil level (<1000 ppm oil)

EPA 1664 ( SGT-HEM)

Low oil level (<1000 ppm oil)

EPA 1664 (HEM)

High oil level (>1000 ppm oil)

EPA 1664 (SGT-HEM)

High oil level (>1000 ppm oil)

EPA 8015 GRO 10

Other oil analysis priced per hour of laboratory time

UNIT PRICES PER TEST- YEAR 5

Quantity Unit Price

Total

EPA 1664 (HEM)

Low oil level (<1000 ppm oil)

EPA 1664 ( SGT-HEM)

Low oil level (<1000 ppm oil)

EPA 1664 (HEM)

High oil level (>1000 ppm oil)

EPA 1664 (SGT-HEM)

High oil level (>1000 ppm oil)

EPA 8015 GRO 10

Other oil analysis priced per hour of laboratory time

NOTES

NOTE (1) Contract Type: This solicitation will result in the award of an Indefinite Delivery Indefinite Quantity, Firm Fixed Price type contract which provides for the issuance of Delivery Orders during the period from the effective date of contract (EDOC) through four (4) years and eleven (11) months thereafter. The total period of performance will be from the Effective Date of the Contract (EDOC) through one (1) month after the end of the ordering period.

NOTE (2) Minimum and Maximum Quantities: As referred to in paragraph (b), clause no. 52.216-22, entitled “Indefinite Quantity”, the contract minimum quantity is One (1) EPA 1664 (HEM) Low oil level (<1000 ppm oil) test; the maximum quantity is the Total Firm Fixed Price Amount of the entire contract. The maximum quantity is not to be exceeded without prior approval of the Procuring Contracting Officer (PCO).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

STATEMENT OF WORK

OIL ANALYSIS BY ISO 9377-2, EPA 8015 AND EPA 1664 PROTOCOLS IN OILY

WASTEWATER SAMPLES

SECTION 1.0 - ADMINISTRATIVE INFORMATION

1.1 Introduction

The Navy is investigating several technologies to treat shipboard generated oily wastewater. To evaluate candidate technologies, we need to analyze the wastewater concentration of oil testing protocols, EPA 8015 (DRO and GRO), EPA 1664 (HEM and SGT-HEM), ISO 9377-2 and other oil analysis methods.

1.2 Work Statement

Code 633 is charged with the evaluation of shipboard Oil Pollution Abatement (OPA) equipment. This evaluation requires oil analysis by EPA 8015 (DRO and GRO), EPA 1664 (HEM and SGT-HEM), ISO 9377-2 and other procedures. These evaluations establish the accuracy of the OPA equipment undergoing evaluation and are required for legal discharge of water. EPA 8015 (DRO and GRO) are measurements of Diesel and Gasoline in a water sample, EPA Method 1664 is recognized as a legal method for the determination of oil in water in the U.S. ISO 9377-2 is used as a standard oil analysis in Europe and other parts of the world.

Furthermore, as a Navy Research Center we frequently have a need to perform oil analyses by new and novel methods. As the new and novel methods are not developed at this time we would like these investigative methods to be priced per hour of laboratory time.

SECTION 2.0 – SCOPE OF WORK

The Naval Surface Warfare Center, Carderock Division (NSWCCD) Code 633, the Wastewater Management Branch, requires oil in water analysis to be performed by ISO procedure 9377-2, EPA 8015 (DRO and GRO), EPA procedure 1664 (HEM and SGT-HEM) and other procedures.

All these procedures are measurements of different hydrocarbons (Diesel, Gas, oil) in water samples but by different methodologies. We require all procedures to be performed at the same laboratory in order to ensure the results are consistent. Performance at one laboratory will eliminate inter-laboratory differences and ensure oil removal equipment evaluations remain unbiased. The contractor laboratory must maintain and show upon request, any certificates proving experience in all of these methods (see evaluation criteria for more detail about the certificates). As a Navy Research Center we frequently have a need to perform oil analyses by new and novel methods developed by individual States or foreign countries. As new methods are developed we are frequently asked to evaluate OPA performance by the new methods. We require these new investigative methods to be priced per hour of laboratory time with a maximum of 100 hours devoted over the length of the contract to this task.

The contractor shall provide the personnel, services, facilities, transportation and materials necessary to perform the analyses of oily wastewater shown in the following table:

Analytical Method Year 1 Year 2 Year 3 Year 4 Year 5

EPA 1664 (HEM)

Low oil level (<1000 ppm oil)

110 110 110 110 110

EPA 1664 ( SGT-HEM)

Low oil level (<1000 ppm oil)

110 110 110 110 110

EPA 1664 (HEM)

High oil level (>1000 ppm oil)

4 4 4 4 4

EPA 1664 (SGT-HEM)

High oil level (>1000 ppm oil)

4 4 4 4 4

16 16 16 16 16

EPA 8015 DRO 20 20 20 20 20

EPA 8015 GRO 10 10 10 10 10

Other oil analysis priced per hour of laboratory time hours

Hours

Hours

Hours

Hours

The table above shows the type of analysis to be performed by the contractor, which analytical method to use for each analysis, and the maximum quantity of samples for each analysis that will be analyzed by the contractor.

The EPA 1664 analytical method is published by, and available from, the United States Environmental Protection Agency.

The EPA 8015 analytical method is published by, and available from, the United States Environmental Protection Agency.

The ISO 9377-2 analytical method is published by, and available from, the International Maritime Organization.

Additionally the contractor shall provide the following:

a) The appropriate bottles and laboratory labels for each of the samples listed above.

b) Transportation of the samples from NSWCCD to the contractor’s laboratory for analysis.

c) Flexibility in sample pickup based on daily needs.

2.1 Government Furnished Materials

Non-Oily wastewater samples. The government will provide ISO 9377-2 samples, EPA 8015 samples, and EPA 1664 samples under delivery orders, as required.

SECTION 3.0 TECHNICAL DATA REQUIREMENTS

3.1 Report of Results

Results of all analyses shall be reported by electronic mail (see Section 4.3) within 7 days of sample pickup. The original written reports, certificates of laboratory analysis of all results shall be mailed biweekly. Reports shall include date sample received, date sample analyzed, analytical method, sample number, and exact analysis value (not greater than or less than a value unless at detection limit for test method), and any other pertinent information such as analyzer and quality control check.

All Laboratory Quality Control data required for use with the specified protocol (EPA 8015, 1664, etc.) will be provided to NSWCCD, Code 633 free of additional charges.

SECTION 4.0 DELIVERY AND PERFORMANCE

4.1 Place of Performance

All analysis will be performed at the contractor’s facility. The contractor will transport all samples from NSWCCD to their facility for analysis.

4.2 Period of Performance

Performance will commence on the effective date of this contract and conclude no later than five years thereafter. Verbal and written delivery of the analytical results are described in Section 2.1.

4.3 Place of Delivery

The contractor shall mail, fax and e-mail the analytical results to the Technical Point of Contact (TPOC) identified below:

(Name and address will be provided at time of award)

4.4 Contractor’s Schedule to Collect Samples

NSWCCD will notify the contractor at least 12 hours in advance when samples are to be collected. ISO 9377-2 samples shall be extracted within 24 hours of sample pick-up. EPA 8015 and 1664 and other samples will be collected Monday - Friday, excluding holidays during working hours, 0800-1800. ISO 9377-2 samples will be collected Monday - Thursday, excluding holidays during working hours, 0800-1800. NSWCCD will notify the contractor when there are more than 20 samples collected on any given day. Sample pick-up with less than 12 hours notice will be at the discretion of the Contract Laboratory.

SECTION 5.0 INSPECTION AND ACCEPTANCE

Inspection and acceptance of the analyses and reports to be provided hereunder will be made by a technical representative of Government at destination. Acceptance of services may also be evaluated on the basis of periodic quality control samples. Acceptance of services is dependent upon successful Quality Control parameters as required by the specified analysis protocol.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-OCT-2013 TO

30-SEP-2018

N/A NAVAL SURFACE WARFARE CENTER

CARDEROCK

CODE 6330, SCOTT MANGUM

9500 MACARTHUR BLVD

WEST BETHESDA MD 20817-5700

301-227-5263

N00167

0002 POP 01-OCT-2014 TO

30-SEP-2015

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-OCT-2015 TO

30-SEP-2016

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-OCT-2016 TO

30-SEP-2017

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-OCT-2017 TO

30-SEP-2018

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-1 Instructions to Offerors--Commercial Items FEB 2012 52.212-4 Contract Terms and Conditions--Commercial Items JUN 2013 52.216-27 Single or Multiple Awards OCT 1995 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation APR 2012 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies MAR 2012 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.225-7001 Buy American And Balance Of Payments Program DEC 2012 252.232-7010 Levies on Contract Payments DEC 2006 252.247-7023 Alt III Transportation of Supplies by Sea (JUN 2013) Alternate III MAY 2002

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2013) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) 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.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) 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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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 $650,000 ($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) Reserved.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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)

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 unit under any CLIN 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 30 units per month;

(2) Any order for a combination of items in excess of 30 units per month; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(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) above.

(d) Notwithstanding paragraphs (b) and (c) above, 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 7 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.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 30 days after the ordering period ends.

252.209-7995 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT

TAXLIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2013

APPROPRIATIONS (DEVIATION 2013-O0010) (APR 2013)

(a) In accordance with sections 8112 and 8113 of Division C and sections 514 and 515 of Division E of the Consolidated and Further Continuing Appropriations Act, 2013,(Pub. L. 113-6), none of the funds made available by that Act for DoD (including Military Construction funds) 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; or

(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)

252.209-7997 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—DOD APPROPRIATIONS

(DEVIATION 2013-O0006) (JAN 2013)

(a) In accordance with section 101 (a) (3) of the Continuing Appropriations Resolution, 2013, (Pub. L. 112-175) none of the funds made available by that Act for general appropriations for DoD 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, unless the 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.

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC 2010)

(DEVIATION)

(a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (OCT 2010) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

252.237-7010

252.237-7019

Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).

Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417)

252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10

U.S.C. 2631)

252.216-7006 ORDERING (MAY 2011)

(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 contract schedule. Such orders may be issued from date of award through 4 years and 11 months thereafter.

(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)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

*TBD*

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

*TBD*

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC *TBD* Issue By DoDAAC *TBD* Admin DoDAAC *TBD* Inspect By DoDAAC *TBD* Ship To Code *TBD* Ship From Code *TBD* Mark For Code *TBD* Service Approver (DoDAAC) *TBD* Service Acceptor (DoDAAC) *TBD* Accept at Other DoDAAC *TBD* LPO DoDAAC *TBD* DCAA Auditor DoDAAC *TBD* Other DoDAAC(s) *TBD*

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

*TBD*

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

*TBD*

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

INSTRUCTIONS TO OFFERORS

ADDENDUM TO CLAUSE 52.212-1

Offerors may submit questions requesting clarifications of the Request for Quotation (RFQ) requirements via email to the contract specialist listed below:

Lon Wang, Code 4111 Naval Surface Warfare Center, Carderock Division 9500 MacArthur Blvd ; Bldg 42, Rm 300 West Bethesda, MD 20817-5700 Lon.wang@navy.mil Voice: (301) 227-3592 Fax: (301) 227-3476

Quotations shall be submitted electronically prior to 1400 hours on the closing date specified.

Offerors shall comply with the detailed instructions for the format and content of the quotations; quotations that do not comply may be considered non-responsive and may render the offeror ineligible for award.

In order to maximize efficiency and minimize the effort involved in the quotation evaluation process, all offerors shall submit their quotations in accordance with the format presented below.

The narrative material in the quotation shall be typewritten with type no smaller than 12 point, 10 pitch, singlespaced, single sided on paper 8 ½ inches by 11 inches and be limited to twenty (20) pages in length.

EVALUATION OF QUOTATIONS

Proposals will be evaluated using three factors: Technical Approach, Past Performance, and Firm-Fixed Price Quotation. The Government has established the relative importance of the Factors as follows: Factor 1 (Technical Approach) and Factor 2 (Past Performance), are listed in descending order of importance and together are worth somewhat more than Factor 3 (Firm-Fixed Price).

Factor 1 – Technical Approach:

The technical proposal shall be evaluated based on Technical Ability

A. Technical Ability

a. For EPA method analyses the Laboratory must be accredited by the State of Maryland to perform the EPA analyses listed in the Work Statement for the entire period of performance.

Accreditations or Certifications for these analyses shall be provided with the proposal.

Furthermore, the Contract Laboratory shall demonstrate experience with ISO 9377.2 analyses.

B. Facilities

a. The Contract Laboratory shall provide a description of their facilities and instrumentation to demonstrate the ability of the laboratory to competently perform the analyses listed in the Work Statement.

C. Timely Sample Analysis

a. The Contract Laboratory shall demonstrate an ability to meet all temporal requirements for sample extraction within 24 hours of sample pick-up based on past experience

Factor 2 – Past Performance:

Past performance is a measure of the degree to which an offeror satisfied its customers in the past and complied with Federal, state, and local laws and regulations. The Government may contact some of each offeror’s customers to ask whether or not they believe: (1) that the offeror was capable, efficient and effective; (2) that the offeror’s performance conformed to the terms and conditions of its contract; (3) that the offeror was reasonable and cooperative during performance; (4) that the offeror was committed to customer satisfaction; and (5) if given a chance would they select the same or a different contractor. The Government may consider past performance information obtained from sources other than those identified by the offeror, including Federal, state and local government agencies, better business bureaus, published media and electronic data bases.

The offeror shall provide two (2) past performance references that reflect recent performance within the past four (4) years. Provide the following information for each reference:

Contracting Activity and Address Technical representative’s name and telephone number Contract Number Type of Contract Contract Price Period of Performance Analysis Performed

In addition, the Government intends to review the Government’s Past Performance Information Retrieval System (PPIRS) rating of an offeror’s past performance of contracts. In the event the Government cannot obtain adequate PPIRS rating information regarding a particular offeror, the Government may review relevant past performance information obtained from other sources.

Factor 3 - Firm-Fixed Price

Although price is not scored, numerically weighted, or combined with other evaluation factors to establish a merit rating, it will be evaluated for fairness and reasonableness utilizing price analysis and/or cost analysis if required.

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

Quotations received in response to this solicitation will be evaluated on a low cost technically acceptable basis.

Award will be made to that offeror who meets the requirements of FAR Subpart 9.1, Responsible Prospective Contractor and whose quotation will be most advantageous to the Government, price and other factors considered.

The Government reserves the right to determine which quotation demonstrates the required competence for performing the requirements described herein and offers the greatest value to the Government using trade-off methodology described in FAR 15.101-1. Offerors are advised that the Government may make award to other than the low offeror or other than the offeror with the highest technical rating. Offerors are advised that the Government plans to award without discussions.

EVALUATION OF QUOTATIONS

The Technical proposal shall be evaluated based on the following factors:

Factor a: Technical Ability

This portion of the quotation shall be evaluated to determine the adequacy of the offeror’s comprehensive ability to perform ISO-9377-2 and EPA 1664 analytical methods within the required timeframes.

Factor b: Facilities

This portion of the quotation shall be evaluated to determine the degree to which the offeror demonstrates adequate facilities, equipment, instrumentation and services which can support the required analysis within the required timeframes.

Factor c: Past Performance

In accordance with the section entitled “Instructions, Conditions, and Notices to Offerors”, in determining the rating for the Past Performance Factor, the Government will give greater consideration to contracts requiring the same or similar type and complexity of work required by the solicitation. However, other types of contracts may be considered as part of the past performance evaluation as well, if aspects of the past performance are deemed to have some bearing on the expected performance of the subject solicitation. Trends showing improving or deteriorating.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision --

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ballot] is, [ballot] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or…