RFQ Amend 04_Atch Amendment 0004.pdf

Amendment 0004

Question 24 (Reference: Solicitation Attachment (B), Technical Information Sheet (20260804), items 1 and 2; Section L 1.0(8); Section L 2.0; Section M, Source Selection Summary, Phases A and C; Section M, C. Evaluation of Technical Quotation, factor (c); Performance Work Statement Ver. 20260813, paragraphs 4.1.2, 4.5, 4.5.2.c, 4.5.2.d, 4.5.2.e, 4.5.3.b, 4.5.3.c, and 4.5.3.d; PWS 2.1, References (c), (d), (e), and (f); Amendment 0003, Answer 21.

Question -- Solicitation Attachment (B), item 2: laboratory qualifications and quotation submission requirements

We note and appreciate that, in response to Question 21, the Government revised Solicitation Attachment

(B) to add item 1.c1, requiring the Offeror to state whether it has "a capability to treatment capacity of 15,000 gallons per hour or higher," so that technical evaluation factor (b) would be applied to all quotations on a common basis. We respectfully submit that the same gap remains open in item 2 of the same form, and that it is considerably wider there.

Item 2 of the revised Attachment (B) requires the Offeror to "[p]rovide name and address of DoD accredited laboratory that will be used to conduct testing as indicated in the PWS under Section 4.5.2.c, d, & e." A name and an address are the whole of what item 2 collects. The Performance Work Statement paragraphs to which item 2 refers, and the paragraphs that govern the testing those laboratories must perform, impose specific and objectively verifiable obligations that bear directly on whether a named laboratory can perform this requirement at all:

Accreditation, method, and matrix.

PWS 4.5.2.c requires that sampling, testing, and analysis be conducted "in accordance with requirements of PWS Reference (d) (e), and (f), DoD procedures for sampling PFAS as promulgated in the DoD Environmental Laboratory Accreditation Program (DoD ELAP) through a DoD ELAP-accredited laboratory," and that the Contractor "perform all definitive PFAS sampling, sample preparation, and laboratory analysis of matrices other than drinking water (e.g., wastewater, soil, sludge) in strict accordance with EPA Method 1633 using a laboratory accredited under the DoD Environmental Laboratory Accreditation Program (ELAP), pursuant to Reference (e)." PWS 4.5.2.d states that "[l]aboratories capable of meeting the DoD ELAP requirements applicable to Reference (f) can be found at www.denix.osd.mil/edqw/accreditation/accreditedlabs," and that "Table B-24 has been added to the DoD/Department of Energy Consolidated Quality Systems Manual (QSM) for Environmental Laboratories, version 6.0." We understand that DoD ELAP accreditation is granted by analytical method and by matrix, as reflected in each laboratory's scope of accreditation, such that a laboratory accredited for PFAS in drinking water alone would not hold accreditation for the wastewater analysis PWS 4.5.2.c requires.

Quantitation limit.

PWS 4.5.2.e requires that the selected laboratory "indicate the numeric quantitation limit for PFOS and PFOA on all results reports" and "be able to quantitate combined levels of PFOS and PFOA in wastewater to below 50 parts per trillion (ppt)."

Analytical volume and turnaround.

PWS 4.5 provides that "[c]ost for the requirement of para 4.5 shall be included in para 4.2." PWS 4.5.3.b provides that where treated wastewater does not meet the below-50-ppt limit, the Contractor shall, "at no additional cost to the Government, re-treat and re-test the batch," and that this process "may be attempted a maximum of three additional times (for a total of four tests)." PWS 4.5.3.c refers to "the fourth test (the third re-test) of the same batch." A single batch of treated wastewater may therefore require as many as four separate analyses – the initial analysis, and up to three further analyses, each performed on a new sample drawn from the batch after re-treatment -- all at the Contractor's expense.

Because no discharge may occur until a passing result is obtained and approved under PWS 4.5.3.d, the throughput and turnaround of the named laboratory determine how long treated wastewater must be held, and therefore bear directly on the Contractor's ability to meet the holding and acceptance obligations in PWS 4.1.2. The recurring sampling volume is reflected in Section L 2.0.

None of the foregoing is captured by item 2 as presently drafted, and none of it can be determined from a name and an address.

The Source Selection Summary in Section M separates the Determination of Responsibility at Phase A, performed by the Contract Specialist and Contracting Officer as an "[a]ffirmative determination per FAR 9.104-1," from the Evaluation of Technical Quotation at Phase C, performed by the Government Technical Evaluation Team and "[r]ated strictly Acceptable or Unacceptable based on minimum requirements." The laboratory requirement is stated as technical evaluation factor (c) and therefore falls within Phase C, and a vendor rated "Unacceptable" technical "will be eliminated from further consideration for award."

Accordingly, we respectfully request confirmation of the following:

(24-a) that the "DoD accredited laboratory" referred to in Attachment (B), item 2, means a laboratory that, as of the date set for receipt of quotations, holds accreditation under the DoD Environmental Laboratory Accreditation Program with PFAS analysis of matrices other than drinking water -- wastewater at a minimum -- by EPA Method 1633 expressly within its scope of accreditation, consistent with the DoD/Department of Energy Consolidated Quality Systems Manual for Environmental Laboratories, version 6.0, including Table B-24;

(24-b) that the Offeror shall furnish, as part of the quotation submitted on or before the date set for receipt of quotations, the named laboratory's DoD ELAP accreditation certificate together with the complete scope of accreditation, showing the accreditation body, the certificate number, the effective and expiration dates, and the specific line item covering EPA Method 1633 in a matrix other than drinking water, and that the Government will identify the volume or attachment of the quotation in which that documentation is to be placed;

(24-c) that the Offeror shall state, in Attachment (B), item 2, the named laboratory's numeric quantitation limit for PFOS and for PFOA in wastewater, and shall furnish a specimen or redacted results report demonstrating that the laboratory reports that numeric quantitation limit on results reports as PWS 4.5.2.e requires;

(24-d) that the Offeror shall state, in Attachment (B), item 2, the named laboratory's analytical turnaround time for the analyses required by PWS 4.5.2, so that the Government may assess whether the named laboratory can support the re-testing sequence contemplated by PWS 4.5.3.b within the holding constraints of PWS 4.1.2 -- that statement being made under the certification already contained in Attachment (B);

(24-e) that a quotation which, as submitted on the date set for receipt of quotations, names a laboratory not holding EPA Method 1633 for matrices other than drinking water within its DoD ELAP scope of accreditation, or whose stated quantitation limit does not meet PWS 4.5.2.e, or which omits the documentation and statements described in (b) through (d), will be rated Unacceptable under technical evaluation factor (c);

(24-f) that a pending application for accreditation, a letter of intent, a memorandum of understanding, a statement that accreditation will be obtained or that a qualifying laboratory will be identified after the date set for receipt of quotations, or an arrangement with a laboratory whose accredited scope does not presently include PFAS in a matrix other than drinking water, will not satisfy technical evaluation factor (c);

(24-g) that the documentation and statements described in (b) through (d) constitute quotation content required by Section L 1.0(8) and evaluated under technical evaluation factor (c) at Phase C of the Source

Selection Summary, and are not matters of contractor responsibility evaluated at Phase A under FAR 9.104- 1 -- such that they may not be furnished, supplemented, or cured after the date set for receipt of quotations, and the Government will not request or accept them after that date; and

(24-h) that Attachment (B), item 2, and the submission list at Section L 1.0(8) will be revised -- as item 1 was revised in response to Question 21 -- to require each of the foregoing as mandatory quotation content, so that every quotation is evaluated on a common and verifiable basis under technical evaluation factor (c), and so that the Government is assured at the time of award that the awardee can in fact perform the PFAS sampling, analysis, and reporting the Performance Work Statement requires.

Answer 18 (24-a) Confirmed. The "DoD accredited laboratory" referenced in Attachment (B), Item 2, establishes a mandatory minimum technical requirement. To be rated "Acceptable" under Technical Factor (C), the Offeror must designate a laboratory holding active accreditation under the DoD ELAP as of the date and time set for receipt of quotations. This accreditation must explicitly cover PFAS analysis of matrices other than drinking water - specifically wastewater - utilizing EPA Method 1633, in accordance with the DoD/Department of Energy Consolidated Quality Systems Manual (QSM) for Environmental Laboratories, Version 6.0, including Table B-24.

(24-b) Confirmed. To receive an "Acceptable" rating under Technical Factor (C), the Offeror must submit the designated laboratory's active DoD ELAP accreditation certificate and its complete, official scope of accreditation as part of its technical quotation on or before the closing date. This documentation must explicitly verify the minimum requirements by showing the accrediting body, certificate number, effective and expiration dates, and the specific line item for EPA Method 1633 in a matrix other than drinking water (non-potable water/wastewater). The Government will amend the RFQ to specify exactly where this documentation must be placed in the submission.

(24-c) Confirmed. The Offeror shall state the named laboratory’s numeric quantitation limit for PFOS and for PFOA in wastewater within Attachment (B), Item 2. To demonstrate technical acceptability and compliance with PWS 4.5.2.e, the Offeror must also submit a specimen or redacted results report demonstrating the laboratory's capability to report at or below the required numeric quantitation limit of 50 parts per trillion (ppt) combined.

(24-d) Partially Confirmed / Clarified. The Government will not require the Offeror to state or certify a specific laboratory turnaround time (TAT) in Attachment (B), nor will the Government evaluate the TAT as a Pass/Fail technical criterion under Technical Evaluation Factor (C).

Consistent with Answer 02-a of Amendment 0001, the PWS does not establish a mandatory or assumed laboratory TAT, and consistent with Answer 23-a of Amendment 0003, no target or maximum Government review period is provided. The logistical turnaround time - encompassing OCONUS-to-CONUS sample shipment, customs clearance, transit, and laboratory analysis - remains entirely the contractor’s operational planning and pricing risk under the Firm-Fixed-Price (FFP) structure of CLIN x001. Offerors must coordinate directly with their selected laboratory to ensure their planned timelines can successfully support the re-testing sequences in PWS 4.5.3.b and the holding constraints of PWS 4.1.2.

(24-e) Partially Confirmed / Clarified. Under this LPTA source selection, an Offeror must demonstrate technical acceptability by utilizing a laboratory with active EPA Method 1633 accreditation for wastewater and the required quantitation limits. While failure to provide the mandatory documentation described in

(b) and (c) may result in a quotation being rated 'Unacceptable,' the Government reserves the right to seek clarifications regarding minor clerical errors or inadvertently omitted attachments in accordance with applicable FAR procedures.

Because laboratory turnaround time (TAT) is not a government-evaluated technical specification (consistent with Amendment 0001, Answer 02-a), a quotation will not be rated "Unacceptable" based on proposed transit or testing turnaround times. By submitting a quotation, the offeror agrees to meet all PWS schedule and operational requirements, regardless of their chosen laboratory's TAT. Failure to meet PWS requirements post-award will be handled as a contract administration and performance issue.

(24-f) Confirmed. Technical acceptability is evaluated based on capabilities existing at the time of quotation submission. A pending application for accreditation, a letter of intent, a memorandum of understanding, a statement that accreditation will be obtained, or any arrangement with a laboratory whose accredited scope does not currently include PFAS in a matrix other than drinking water as of the quotation closing date, will not satisfy Technical Evaluation Factor (C) and will be rated "Unacceptable."

(24-g) Partially Confirmed / Clarified. The documentation detailed in (b) and (c) constitutes mandatory quotation content evaluated under Technical Evaluation Factor (C). However, the Government does not agree to waive its right to conduct clarifications or communications. The Government reserves the right, at the Contracting Officer's sole discretion, to request clarifications or allow an Offeror to cure minor informational deficiencies (such as a missing attachment for a laboratory that was otherwise properly identified and accredited prior to the closing date) before making a final acceptability determination.

Turnaround time (TAT) and international shipping narratives are not required submission content and will not be evaluated.

(24-h) Partially Confirmed / Clarified. Attachment (B), Item 2, and the submission list at Section L 1.0(8) will be revised via a solicitation amendment to require the laboratory's name, address, active DoD ELAP certificate, scope of accreditation, and numeric quantitation limit specimen report as mandatory technical quotation content. This ensures every quotation is evaluated on a uniform, objective, and verifiable Pass/Fail basis regarding mandatory laboratory qualifications.

Attachment (B) and Section L 1.0(8) will not be revised to require a certified turnaround time or logistical transit narrative, as the operational risk of meeting PWS sample holding times and re-testing constraints remains solely with the contractor.