SOL-HQ-14-00018_-_v18_021916.docx

SOL-HQ-14-00018 – Quality Assurance Technical Support (QATS)

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES/PRICES………………………………………….6

SECTION C - DESCRIPTION/SPECIFICATIONS……………………………………….….9

SECTION B – SUPPLIES OR SERVICES/PRICES

B-1 FIXED RATES FOR SERVICES-INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT (EPAAR 1552.216-73) (APR 1984) TAILORED

The following fixed rates shall apply for payment purposes for the duration of the contact.

Item #0001 Contract Base Period (Years 1 and 2: 24 months):

Group Leader - Analytical

Group Leader - Auditing

Group Leader – Administrative

Senior Quality Assurance Officer

Senior Organic Analytical Chemist

Senior Inorganic Analytical Chemist

Senior Organic Auditor

Senior Inorganic Auditor

Senior Systems Analyst

Item #0002 Contract Option Period I (Years 3, 4 and 5: 36 months):

Group Leader - Analytical

Group Leader - Auditing

Group Leader – Administrative

Senior Quality Assurance Officer

Senior Organic Analytical Chemist

Senior Inorganic Analytical Chemist

Senior Organic Auditor

Senior Inorganic Auditor

Senior Systems Analyst

Item #0003 Contract Option Period II (Years 6 and 7: 24 months):

Group Leader - Analytical

Group Leader - Auditing

Group Leader – Administrative

Senior Quality Assurance Officer

Senior Organic Analytical Chemist

Senior Inorganic Analytical Chemist

Senior Organic Auditor

Senior Inorganic Auditor

Senior Systems Analyst

The rate, or rates, set forth above cover all expenses, including report preparation, salaries, overhead, general and administrative expenses, and profit.

The Contractor shall voucher for only the time of the personnel whose services are applied directly to the work called for in individual task orders and accepted by the EPA Contracting Officer’s Representative. The Government shall pay the Contractor for the life of a task order at rates in effect when the task order was issued, even if performance under the task order crosses into another period. The Contractor shall maintain time and labor distribution records for all employees who work under the contract. These records must document time worked and work performed by each individual on all task orders.

When a Contractor employee's normally assigned category of labor is higher than the function he/she is performing during any period of work, the rate charged for that employee shall be based on the function that the employee is performing.

When a Contractor employee's normally assigned category of labor is at a rate lower than the function he/she is performing during any period of work at a specific site, the rate charged for that employee shall be based on the actual rate paid to that employee and based on whether the employee meets the qualifications of the higher labor. If the employee is not paid at the higher rate or does not meet the qualifications of the higher category, the Contractor shall only bill at the rate of the employee's normally assigned category of labor.

B-2 MINIMUM AND MAXIMUM AMOUNTS (EPA-B-16-101)

During the period specified in the "Ordering" clause, the Government shall place orders totaling a minimum as shown in the table below. The amount of all orders shall not exceed TBD.

B-3 OTHER DIRECT COSTS (EPA-B-31-101) TAILORED

For the categories listed, Other Direct Costs in excess of the following are not allowable as a charge to this contract without the prior written approval of the Contracting Officer. Other Direct Costs will be proposed and evaluated at the task order level.

Identify the major other direct cost items (i.e. travel, office costs, equipment/computer cost, relocation, employee recruitment cost, health & safety cost, etc.) that would be a direct charge to the contract under your accounting system.

SECTION C – DESCRIPTION/SPECIFICATIONS

C-1 PERFORMANCE WORK STATEMENT (EPA-C-10-101)

The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the Performance Work Statement (PWS) included in Attachment 1. Work will be ordered against the subject PWS through Contracting Officer issuance of task orders.

C-2 NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON EPA CONTRACTS (EPA-H-07-103)

The Contractor shall not perform any of the following activities on behalf of EPA in connection with this contract:

1. The actual preparation of Congressional testimony.

2. The interviewing or hiring of individuals for employment at EPA.

3. Developing and/or writing of Position Descriptions and Performance Standards.

4. The actual determination of Agency policy.

5. Participating as a voting member on a Performance Evaluation Board; participating in and/or attending Award Fee meetings.

6. Preparing Award Fee Letters, even under typing services contracts.

7. The actual preparation of Award Fee Plans.

8. The preparation of documents on EPA Letterhead other than routine administrative correspondence.

9. Reviewing vouchers and invoices for the purposes of determining whether costs, hours, and work performed are reasonable.

10. The preparation of Statements of Work, Work Assignments, Technical Direction Documents, Delivery Orders, or any other work issuance document under a contract that the contractor is performing or may perform. Such a work issuance document, prepared by an EPA prime contractor under an EPA prime contract for its subcontractor, is exempt from this prohibition.

11. The actual preparation of responses to audit reports from the Inspector General, General Accounting Office, or other auditing entities.

12. Preparing responses to Congressional correspondence.

13. The actual preparation of responses to Freedom of Information Act requests, other than routine, non-judgmental correspondence.

14. Any contract which authorizes a contractor to represent itself as EPA to outside parties.

15. Conducting administrative hearings.

16. Reviewing findings concerning the eligibility of EPA employees for security clearances.

17. The actual preparation of an office's official budget request.

SECTION D – PACKAGING AND MARKING

[There are no clauses in this section.]

SECTION E – INSPECTION AND ACCEPTANCE

E-1 PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this Section are hereby incorporated by reference:

INSPECTION OF SERVICES - FIXED-PRICE (FAR 52.246-4) (AUG 1996)

INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR (FAR 52.246-6) (MAY 2001)

E-2 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (FAR 52.246-11) (DEC 2014)

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

(i) As authorized by FAR 52.246-11, the higher-level quality standard ANSI/ASQC E4 is tailored as follows:

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 revise, when applicable, quality documentation submitted before award to address specific comments provided by EPA and submit the revised documentation to the Contracting Officer’s Representative.

(ii) As authorized by FAR 52.246-11, the higher-level quality standard ISO 9001: 2008 or 2015 Certification is tailored as follows:

The solicitation and contract require the Offeror/Contractor to possess ISO 9001: 2008 or 2015 certification.

During the life of the contract, the Contractor shall maintain its certification and be prepared to produce documentation verifying its ISO 9001 certification upon request by the Agency/Contracting Officer.

After award of the contract, the Contractor shall also implement all quality documentation approved by the Government.

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) list 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)

SECTION F – DELIVERIES OR PERFORMANCE

F-1 PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

STOP-WORK ORDER (FAR 52.242-15) (AUG 1989)

GOVERNMENT DELAY OF WORK (FAR 52.242-17) (APR 1984)

WORKING FILES (EPAAR 1552.211-75) (APR 1984)

MANAGEMENT CONSULTING SERVICES (EPAAR 1552.211-78) (APR 1985)

F-2 PERIOD OF PERFORMANCE (EPA-F-12-101)

Item # Term Period of Performance

F-3 REPORTS OF WORK (EPAAR 1552.211-70) (OCT 2000)

The Contractor shall prepare and deliver reports, including plans, evaluations, studies, analyses and manuals in accordance with Attachment 3. Each report shall cite the contract number, identify the U.S. Environmental Protection Agency as the sponsoring agency, and identify the name of the Contractor preparing the report.

F-4 MONTHLY PROGRESS REPORT (EPAAR 1552.211-72) (SEP 2013)

(a) The Contractor shall furnish 1 (one) copy of the combined Monthly Technical and Financial Progress Report stating the progress made, including the percentage of the project completed, and a description of the work accomplished to support the cost. If the work is ordered using task orders, include the estimated percentage of task completed during the reporting period for each task order.

(b) Specific discussions shall include difficulties encountered and remedial action taken during the reporting period, and anticipated activity with a schedule of deliverables for the subsequent reporting period.

(c) The Contractor shall provide a list of outstanding actions awaiting Contracting Officer authorization, noted with the corresponding task order, such as subcontractor/consultant consents, overtime approvals, etc.

(d) The report shall specify financial status at the contract level as follows:

(1) For the current reporting period, display the amount claimed.

(2) For the cumulative period and the cumulative contract life display: the amount obligated, amount originally invoiced, amount paid, amount suspended, amount disallowed, and remaining approved amount. The remaining approved amount is defined as the total obligated amount, less the total amount originally invoiced, plus total amount disallowed.

(3) Labor hours.

(i) A list of employees, their labor categories, and the numbers of hours worked for the reporting period.

(ii) For the current reporting period, display the expended direct labor hours and costs broken out by EPA contract labor hour category for the prime contractor and each subcontractor and consultant.

(iii) For the cumulative contract period and the cumulative contract life display: the negotiated, expended and remaining direct labor hours and costs broken out by EPA contract labor hour category for the prime contractor, and each subcontractor and consultant.

(iv) Display the estimated direct labor hours and costs to be expended during the next reporting period.

(4) Display the current dollar ceilings in the contract, net amount invoiced, and remaining amounts for the following categories: Direct labor hours, total estimated cost, award fee pool (if applicable), subcontracts by individual subcontractor, travel, program management, and Other Direct Costs (ODCs).

(5) Unbilled allowable costs. Display the total costs incurred but unbilled for the current reporting period and cumulative for the contract.

(6) Average cost of direct labor. Compare the actual average cost per hour to date with the average cost per hour of the task orders for the current contract period.

(e) The report shall specify financial status at the task order level as follows:

(1) For the current period, display the amount claimed.

(2) For the cumulative period display: amount shown on the latest task order, or task order modification amount (whichever is later); amount currently claimed; amount paid; amount suspended; amount disallowed; and remaining approved amount. The remaining approved amount is defined as: the latest task order amount, less total amounts originally invoiced, plus total amount disallowed.

(3) Labor hours.

(i) A list of employees, their labor categories, and the number of hours worked for the reporting period.

(ii) For the current reporting period, display the expended direct labor hours and costs broken out by EPA contract labor hour category for the prime contractor and each subcontractor and consultant.

(iii) For the cumulative contract period, and the cumulative contract life display: the negotiated, expended and remaining direct labor hours and costs broken out by EPA contract labor hour category for the prime contractor and each subcontractor and consultant.

(iv) Display the estimated direct labor hours and costs to be expended during the next reporting period.

(v) Display the estimates of remaining direct labor hours and costs required to complete the task order.

(4) Unbilled allowable costs. Display the total costs incurred but unbilled for the current reporting period and cumulative for the task order.

(5) Average cost of direct labor. Display the actual average cost per hour with the cost per hour estimated in the task order.

(6) A list of deliverables for each task order during the reporting period.

(f) This submission does not change the notification requirements of the "Limitation of Cost" or "Limitation of Funds" clauses requiring separate written notice to the Contracting Officer.

(g) The reports shall be submitted to the following addresses on or before the 15th of each month following the first complete reporting period of the contract. See EPAAR 1552.232-70, Submission of Invoices, paragraph (e), for details on the timing of submittals. Distribute reports as follows:

Contracting Officer’s Representative: [myer.shari@epa.gov] Contracting Officer: [miller.ross@epa.gov]

SECTION G – CONTRACT ADMINISTRATION DATA

G-1 PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this Section are hereby incorporated by reference:

GOVERNMENT PROPERTY (EPAAR 1552.245-70) (SEP 2009)

G-2 ORDERING BY DESIGNATED ORDERING OFFICERS (EPAAR 1552.216-72) (APR 1984)

(a) The Government will order any supplies and services to be furnished under this contract by issuing task orders on Optional Form 347, or any agency prescribed form, at any time during the contract period of performance. In addition to the Contracting Officer, the following individuals are authorized ordering officers: any warranted EPA Contracting Officer.

(b) A Standard Form 30 will be the method of amending task orders.

(c) The Contractor shall acknowledge receipt of each order and shall prepare and forward to the Ordering Officer within ten (10) calendar days the proposed staffing plan for accomplishing the assigned task within the period specified.

(d) If the Contractor considers the estimated labor hours or specified work completion date to be unreasonable, he/she shall promptly notify the Ordering Officer and Contracting Officer in writing within 10 calendar days, stating why the estimated labor hours or specified completion date is considered unreasonable.

(e) Each delivery order will have a ceiling price, which the Contractor may not exceed. When the Contractor has reason to believe that the labor payment and support costs for the order, which will accrue in the next thirty (30) days, will exceed 85 percent (85%) of the ceiling price specified in the order, the Contractor shall notify the Ordering Officer.

(f) Paragraphs (c), (d), and (e) of this clause apply only when services are being ordered.

G-3 SUBMISSION OF INVOICES (EPAAR 1552.232-70) (JUN 1996) ALTERNATE I (JUN 1996) TAILORED

In order to be considered properly submitted, an invoice or request for contract financing payment must meet the following contract requirements in addition to the requirements of FAR 32.905:

(a) The Contractor shall submit the invoice or request for contract financing payment in electronic format.

(1) If submitting electronically, the Contractor shall follow the submission instructions at: http://www2.epa.gov/financial/contracts. One electronic copy via email of the invoice shall concurrently be sent to the Contract-Level COR and the Task Order-Level COR.

(b) The Contractor shall prepare its invoice or request for contract financing payment on the prescribed Government forms. Standard Forms Number 1034, Public Voucher for Purchases and Services other than Personal, shall be used by contractors to show the amount claimed for reimbursement. Standard Form 1035, Public Voucher for Purchases and Services other than Personal - Continuation Sheet, shall be used to furnish the necessary supporting detail or additional information required by the Contracting Officer. The Contractor may submit self-designed forms which contain the required information.

(c)(1) The Contractor shall prepare a task order level invoice or request for contract financing payment in accordance with the invoice preparation instructions identified as a separate attachment in Section J of the contract. If contract work is authorized by individual task orders, the invoice or request for contract financing payment shall also include a summary of the current and cumulative amounts claimed by cost element for each task order and for the contract total, as well as any supporting data for each task order as identified in the instructions.

(2) The invoice or request for contract financing payment that employs a fixed rate feature shall include current and cumulative charges by contract labor category and by other major cost elements such as travel, equipment, and other direct costs. For current costs, each cost element shall include the appropriate supporting schedules identified in the invoice preparation instructions.

(d)(1) The charges for subcontracts shall be further detailed in a supporting schedule showing the major cost elements for each subcontract.

(2) On a case-by-case basis, when needed to verify the reasonableness of subcontractor costs, the Contracting Officer may require that the Contractor obtain from the subcontractor cost information in the detail set forth in (c)(2). This information should be obtained through a means which maintains subcontractor confidentiality (for example, via sealed envelopes), if the subcontractor expresses confidential business information (CBI) concerns.

(e) Invoices or requests for contract financing payment must clearly indicate the period of performance for which payment is requested. Separate invoices or requests for contract financing payment are required for charges applicable to the basic contract and each option period.

(f) (1) Notwithstanding the provisions of the clause of this contract at FAR 52.216-7, Allowable Cost and Payment, invoices or requests for contract financing payment shall be submitted once per month unless there has been a demonstrated need and Contracting Officer approval for more frequent billings. When submitted on a monthly basis, the period covered by invoices or requests for contractor financing payments shall be the same as the period for Monthly Technical and Financial Progress Report required under this contract.

(2) If the Contracting Officer allows submissions more frequently than monthly, one submittal each month shall have the same ending period of performance as the monthly progress report.

(3) Where cumulative amounts on the Monthly Technical and Financial Progress Report differ from the aggregate amounts claimed in the invoice(s) or request(s) for contract financing payments covering the same period, the Contractor shall provide a reconciliation of the difference as part of the payment request.

G-4 KEY PERSONNEL (EPAAR 1552.237-72) (APR 1984) DEVIATION

(a) The Contractor shall assign to this contract the following key personnel:

Title Program Manager Group Leader – Analytical Group Leader – Auditing Group Leader – Administrative Senior Quality Assurance Officer Senior Organic Analytical Chemist Senior Inorganic Analytical Chemist Senior Organic Auditor Senior Inorganic Auditor Senior Systems Analyst Name

TBD

TBD

TBD

TBD

TBD

TBD

TBD

TBD

TBD

TBD

(b) During the first one hundred and eighty (180) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within fifteen (15) calendar days after the occurrence of any of these events and provide the information required by paragraph (c) of this clause. After the initial 180-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least fifteen (15) days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

G-5 INDIRECT COSTS (EPAAR 1552.242-70) (APR 1984) DEVIATION

(a) In accordance with paragraph (d) of the ‘Allowable Costs and Payment’ clause, the final indirect cost rates applicable to this contract shall be established between the Contractor and the appropriate Government representative (EPA, other Government agency, or auditor), as provided by FAR 42.703(a). EPA’s procedures require a Contracting Officer determination of indirect cost rates for its contracts. In those cases where EPA is the cognizant agency (see FAR 42.705-1), the final rate proposal shall be submitted to the cognizant audit activity and to the following:

Environmental Protection Agency Financial Analysis and Oversight Service Center (FAOSC) 1200 Pennsylvania Avenue, N.W.

Mail Code: 3802R Washington, D.C. 20460

The Contractor shall also follow the notification and cost impact procedures prescribed in paragraph (b) below. Where EPA is not the cognizant agency, the final rate proposal shall be submitted to the above cited address, to the cognizant audit agency, and to the designated Contracting Officer of the cognizant agency. Upon establishment of the final indirect cost rates, the Contractor shall submit an executed Certificate of Current Cost or Pricing Data (see FAR 15.804-4) applicable to the data furnished in connection with the final rates to the cognizant audit agency. The final rates shall be contained in a written understanding between the Contractor and the appropriate Government representative. Pursuant to the ‘Allowable Costs and Payment’ clause, the allowable indirect costs under this contract shall be obtained by applying the final agreed upon rate(s) to the appropriate bases.

(b) Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the appropriate Government representative in accordance with FAR 42.704, subject to adjustment when the final rates established. The established billing rates are currently as follows:

These billing rates may be prospectively or retroactively revised by mutual agreement, at the request of either the Government or the Contractor, to prevent substantial overpayment or underpayment.

(1) For any retroactive indirect cost rate adjustments (i.e., indirect costs already billed), including final indirect cost rate adjustments, the Contractor shall provide to the Cost Policy and Rate Negotiation Section, with copies to the current EPA Contracting Officers of active contracts, a cost impact statement showing the effect of the indirect cost rate changes for each contract. This statement shall compare the cost billed to the cost the Contractor proposes to bill.

(2) For prospective indirect cost rate adjustments only, the Contractor shall notify the current EPA Contracting Officers of the new proposed rates when it proposes rates to the Cost Policy and Rate Negotiation Section.

(3) For either prospective or retroactive indirect cost rate adjustments, the Contractor shall provide the Cost Policy and Rate Negotiation Section with the names of the current EPA Contracting Officers for the affected contracts.

(c) Notwithstanding the provisions of paragraphs (a) and (b) above, ceilings are hereby established on indirect costs reimbursable under this contract. The Government shall not be obligated to pay the Contractor any additional amount on account of indirect costs in excess of the ceiling rates listed below:

G-6 GOVERNMENT-FURNISHED DATA (EPAAR 1552.245-71) (SEP 2009)

(a) The Government shall deliver to the Contractor the Government-furnished data described in the contract. If the data, suitable for its intended use, is not delivered to the Contractor, the Contracting Officer shall equitably adjust affected provisions of this contract in accordance with the “Changes” clause when:

(1) The Contractor submits a timely written request for an equitable adjustment; and

(2) The facts warrant an equitable adjustment.

(b) Title to Government-furnished data shall remain in the Government.

(c) The Contractor shall use the Government-furnished data only in connection with this contract.

(d) The following data will be furnished to the Contractor on or about the time indicated:

TBD at the Task Order level

G-7 CONTRACT ADMINISTRATION REPRESENTATIVES (EPA-G-42-101)

Contract-Level Contracting Officers Representatives (CORs) for this contract are as follows:

Contracting Officials responsible for administering this contract are as follows:

G-8 AUTHORIZED REPRESENTATIVE OF THE CONTRACT-LEVEL COR (EPA-G-42-102) TAILORED

(a) The Task Order Contracting Officer’s Representative (TOCOR) referenced in the Section H clause Technical Direction, is the individual authorized by the Contracting Officer on an individual task order to:

(1) receive task order deliverables;

(2) receive copies of Monthly Technical and Financial Progress Report specific to the task order for which the TOCOR is authorized;

(3) attend meetings with the Contract-Level COR and Contractor in order to monitor progress of those task orders for which he/she is cognizant; and

(4) provide technical direction on those task orders subject to the limitations of the Technical Direction clause.

(b) The Task Order Monitor (TOM) referenced in the Section H clause Technical Direction, may be assigned by the Contracting Officer to manage specific tasks under a task order. If assigned, the TOM will have the same duties and responsibilities as the TOCOR specified in paragraph (a) above but limited to tasks for which they have been assigned.

G-9 DESIGNATION OF PROPERTY ADMINISTRATOR (EPA-G-45-101)

The property administrator for this contract is as follows:

Property Administrator:

Ms. Tina Harrison

USEPA Headquarters

William Jefferson Clinton Bldg

1200 Pennsylvania Ave. NW

MC: 3204R

Washington DC 20460

Phone: (202) 564-1095

Email: harrison.tina@epa.gov

The property administrator is the Contracting Officer’s designated representative on property matters. The Contractor shall furnish all required information on property to the property administrator.

G-10 PROCEDURES FOR ISSUING TASK ORDERS - NON-EMERGENCY WORK (EPA-I-16-101) TAILORED

(a) The Contracting Officer (CO) will follow the procedures of FAR 16.505 in conjunction with the procedures in this section when placing task orders under this contract.

(b) The CO will initiate a new task order by submitting a request for a task order proposal and cost estimate from the Contractor. The request will include: the task order scope of work, attachments or supplemental information (if any), task order terms and conditions (if any), submission instructions, and the due date for the task order proposal. Requesting a task order proposal does not commit the Government to awarding a task order.

(c) The Contractor shall submit a task order proposal and cost estimate in accordance with the submission instructions, utilizing the fixed rates specified in the contract. When responding to a task order initiation, the Contractor shall submit a Conflict of Interest (COI) certification in accordance with Section H-9, Task Order COI Certification. The Government will evaluate the task order proposal and cost estimate received. The Government may request revisions to the task order proposal if deemed necessary. Once the Government has accepted the task order proposal and cost estimate, the CO will award a task order by sending a funded task order on Optional Form 347 with the task order Scope of Work to the Contractor. The Contractor shall acknowledge receipt of each task order to the CO within 10 days of receipt.

(d) Task orders may include their own special terms and conditions including clauses to which the Contractor shall adhere. Task orders may include optional periods and/or optional quantities. All special terms and conditions will be included in the CO’s request for task order proposal and in the awarded task order. In the event of a conflict between a task order and the contract, the contract shall control.

(e) Task orders may be placed at any point during the ordering period of the contract. Individual orders will have unique periods of performance which may include optional periods. No task order may have a period of performance that goes longer than 365 days beyond the end of the date of this contract.

(f) Task Orders may be solicited and awarded as either Time-and-Materials (T&M) type or Firm-Fixed-Price (FFP) type.

(g) Electronic ordering is authorized under this contract.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-1 PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this Section are hereby incorporated by reference:

DISPLAY OF EPA OFFICE OF INSPECTOR GENERAL HOTLINE POSTER (EPAAR 1552.203-71) (AUG 2000)

PRINTING (EPAAR 1552.208-70) (SEP 2012)

ORGANIZATIONAL CONFLICTS OF INTEREST ALTERNATE I (EPAAR 1552.209-71) (MAY 1994)

NOTIFICATION OF CONFLICTS OF INTEREST REGARDING PERSONNEL (EPAAR 1552.209-73) (MAY 1994)

ANNUAL CERTIFICATION (EPAAR 1552.209-75) (MAY 1994)

COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES MANAGEMENT (EPAAR 1552.211-79) (JAN 2012)

PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT (EPAAR 1552.227-76) (MAY 1994)

PAYMENTS-FIXED-RATE SERVICES CONTRACT (EPAAR 1552.232-73) (OCT 2000)

SCREENING BUSINESS INFORMATION FOR CLAIMS OF CONFIDENTIALITY (EPAAR 1552.235-70) (APR 1984)

TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-71) (APR 1984)

ACCESS TO FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-73) (APR 1996) ACCESS TO TOXIC SUBSTANCES CONTROL ACT CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-75) (APR 1996)

TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-76) (APR 1996)

DATA SECURITY FOR FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT CONFIDENTIAL BUSINESS INFORMATION (EPAAR (1552.235-77) (DEC 1997) DATA SECURITY FOR TOXIC SUBSTANCES CONTROL ACT CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-78) (DEC 1997) RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-79) (APR 1996)

ACCESS TO CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-80) (OCT 2000)

PAPERWORK REDUCTION ACT (EPAAR 1552.237-75) (APR 1984)

GOVERNMENT-CONTRACTOR RELATIONS (EPAAR 1552.237-76) (JUN 1999)

Fill in (e)(1): 5 days / Fill in (e)(2): 5 days ACQUISITION OF ENERGY STAR COMPLIANT MICROCOMPUTERS, INCLUDING PERSONAL COMPUTERS, MONITORS, AND PRINTERS (EPAAR 1552.239-103) (APR 1996)

H-2 LIMITATION OF FUTURE CONTRACTING ALTERNATE V (HEADQUARTERS SUPPORT) (EPAAR 1552.209-74) (APR 2004)

(a) The parties to this contract agree that the Contractor will be restricted in its future contracting in the manner described below. Except as specifically provided in this clause, the Contractor shall be free to compete for contracts on an equal basis with other companies.

(b) If the Contractor, under the terms of this contract, or through the performance of work pursuant to this contract, is required to develop specifications or statements of work and such specifications or statements of work are incorporated into an EPA solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime Contractor or subcontractor under an ensuing EPA contract.

(c) The Contractor, during the life of this contract, will be ineligible to hold a contract under the following EPA programs: the High Resolution Superfund Methods (HRSM), the Combined Analytical Services Contracts (CASC), the Environmental Services Assistance Team (ESAT), and any other current or future contracts that fall under the administration of the Contract Laboratory Program (CLP), unless otherwise authorized by the Contracting Officer.

(d) The Contractor agrees in advance that if any bids/proposals are submitted for any work that would require written approval of the Contracting Officer prior to entering into a contract subject to the restrictions of this clause, then the bids/proposals are submitted at the Contractor's own risk. Therefore, no claim shall be made against the Government to recover bid/proposal costs as a direct cost whether the request for authorization to enter into the contract is denied or approved.

(e) To the extent that the work under this contract requires access to proprietary or confidential business or financial data of other companies, and as long as such data remains proprietary or confidential, the Contractor shall protect such data from unauthorized use and disclosure.

(f) The Contractor agrees to insert in each subcontract or consultant agreement placed hereunder, except for subcontracts or consultant agreements for nondiscretionary technical or engineering services, including treatability studies, well drilling, fence erecting, plumbing, utility hookups, security guard services, or electrical services, provisions which shall conform substantially to the language of this clause, including this paragraph (f) unless otherwise authorized by the Contracting Officer. The Contractor may request in writing that the Contracting Officer exempt from this clause a particular subcontract or consultant agreement for nondiscretionary technical or engineering services not specifically listed above, including laboratory analysis. The Contracting Officer will review and evaluate each request on a case-by-case basis before approving or disapproving the request.

(g) If the Contractor seeks an expedited decision regarding its initial future contracting request, the Contractor may submit its request to both the Contracting Officer and the next administrative level within the Contracting Officer’s organization.

(h) A review process available to the Contractor when an adverse determination is received shall consist of a request for reconsideration to the Contracting Officer or a request for review submitted to the next administrative level within the Contracting Officer’s organization. An adverse determination resulting from a request for reconsideration by the Contracting Officer will not preclude the Contractor from requesting a review by the next administrative level. Either a request for review or a request for reconsideration must be submitted to the appropriate level within 30 calendar days after receipt of the initial adverse determination.

H-3 OPTION TO EXTEND THE EFFECTIVE PERIOD OF THE CONTRACT-INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT (EPAAR 1552.217-76) TAILORED

(a) The Government has the option to extend the effective period of this contract for one (1) additional period of 36 months (Years 3, 4 and 5) and one (1) additional period of 24 months (Years 6 and 7). If more than 60 days remain in the contract effective period, the Government, without prior written notification, may exercise this option by issuing a contract modification. To unilaterally exercise this option within the last 60 days of the effective period, the Government must issue written notification of its intent to exercise the option prior to that last 60-day period. This preliminary notification does not commit the Government to exercising the option.

(b) If the option is exercised, the “Minimum and Maximum Contract Amount” clause will be modified to reflect new and separate minimums of $25,000.00 for Option Periods I and II, and new and separate maximums of TBD for Option Periods I and II.

(c) The “Effective Period of the Contract” clause will be modified to cover a base period from (date TBD) ___ to (date TBD) ___; one option period from (date TBD) to (date TBD) and one option period from _ (date TBD) __ to (date TBD) ___.

H-4 TECHNICAL DIRECTION (EPAAR 1552.237-71) (AUG 2009) TAILORED

(a) The Contract-Level Contracting Officer’s Representative (COR) is the primary representative of the Contracting Officer (CO) authorized to provide technical direction on contract performance.

(b) Individuals other than the COR may be authorized to provide technical direction. If individuals other than the COR are authorized to provide technical direction, their names will be specified in the contract or task order as appropriate. A Task Order COR (TOCOR) or Task Order Manager (TOM) is authorized to provide technical direction, subject to the limitations set forth below, only on his/her task order.

(c) Technical direction includes:

(1) Direction to the Contractor which assists the Contractor in accomplishing the Performance Work Statement (PWS).

(2) Comments on and approval of reports or other deliverables.

(d) Technical direction must be within the contract PWS and the task order Scope Of Work. The COR or any other technical representative of the CO does not have the authority to issue technical direction which:

(1) institutes additional work outside the scope of the contract or task order;

(2) constitutes a change as defined in the “Changes” clause;

(3) causes an increase or decrease in the estimated cost of the contract or task order

(4) alters the period of performance; or

(5) changes any of the other express terms or conditions of the contract or task order.

(e) Technical direction will be issued in writing or confirmed in writing within five (5) calendar days after verbal issuance. One copy of the technical direction memorandum will be forwarded to the CO and the COR.

(f) If, in the Contractor's opinion, any instruction or direction by the COR(s) falls within any of the categories defined in paragraph (d) of the clause, the contractor shall not proceed but shall notify the CO in writing within three (3) days after receiving it and shall request that the CO take appropriate action as described in this paragraph. Upon receiving this notification, the CO shall:

(1) Advise the Contractor in writing as soon as practicable, but no later than 30 days after receipt of the Contractor's notification, that the technical direction is within the scope of the contract effort and does not constitute a change under the “Changes” clause of the contract;

(2) Advise the Contractor within a reasonable time that the Government will issue a written modification to the contract; or

(3) Advise the Contractor that the technical direction is outside the scope of the contract and is thereby rescinded.

(g) A failure of the Contractor and CO to agree as to whether the technical direction is within the scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto, shall be subject to the provisions of the clause entitled “Disputes” in this contract.

(h) Any action(s) taken by the Contractor, in response to direction given by unauthorized personnel, shall be at the contractor's risk.

H-5 GOVERNMENT-CONTRACTOR RELATIONS (EPAAR 1552.237-76) (JUN 1999)

(a) The Government and the Contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor's personnel. It is, therefore, in the best interest of the Government to afford both parties a full understanding of their respective obligations.

(b) Contractor personnel under this contract shall not:

(1) Be placed in a position where they are under the supervision, direction, or evaluation of a Government employee.

(2) Be placed in a position of command, supervision, administration or control over Government personnel, or over personnel of other Contractors under other EPA contracts, or become a part of the Government organization.

(3) Be used in administration or supervision of Government procurement activities.

(c) Employee relationship.

(1) The services to be performed under this contract do not require the Contractor or his/her personnel to exercise personal judgment and discretion on behalf of the Government. Rather the Contractor's personnel will act and exercise personal judgment and discretion on behalf of the Contractor.

(2) Rules, regulations, directives, and requirements that are issued by the U.S. Environmental Protection Agency under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(d) Inapplicability of employee benefits. This contract does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.

(1) Payments by the Government under this contract are not subject to Federal income tax withholdings.

(2) Payments by the Government under this contract are not subject to the Federal Insurance Contributions Act.

(3) The Contractor is…