SOW__Clauses__Wage_Determination.pdf

Performance Work Statement

Environmental Laboratory Services

Background:

The Bureau of Reclamation’s Glen Canyon Field Division (GCFD) maintains two Arizona

Pollutant Discharge Elimination System (AZPDES) Permits, AZ0026182, and AZ0026280, (see attached) from the Arizona Department of Environmental Quality (ADEQ) for water discharged into the Colorado River from Glen Canyon Dam’s power plant drainage system (PPDS) and wastewater treatment plant (WWTP). These permits require the water discharged from the PPDS and the WWTP to meet certain water quality standards. To monitor compliance with these water quality standards, ADEQ requires frequent sampling and analysis of the water on multiple parameters.

Requirement

Glen Canyon requires the services of an Arizona Certified Environmental Laboratory to perform these analyses and within the time frame specified by these permits. (Permits are Attached)

This is a firm fixed price contract with a ceiling amount to allow for additional tests if needed by

Reclamation. Invoices will be reviewed and paid per requested testing at the awarded test pricing.

For GCFD to meet the requirements of its AZPDES permits the contractor shall perform the following tests for each area listed below:

WWTP (Permit #AZ0026182)

Contractor shall provide all labor and materials to conduct the sample analysis tests for the

GCFD WWTP to include all sample bottles, coolers that will retain enough ice to maintain specified sample temperature in transit, and Chain of Custody (COC) within 72 hours of them being requested for the multiple stated parameters:

*Note: The following tables do not match those of the permit. They have been broken down by testing frequency and exclude tests that are done in-house. Please reference the permits for specific testing instructions and parameters.

Table 1: Effluent Limitations and Monitoring Requirements (Monthly)

Parameter Monitoring Frequency Biochemical Oxygen Demand

(BOD)(effluent)

1x/monthly

Biochemical Oxygen Demand

(BOD)(Influent)

1x/monthly

Total Suspended Solids (TSS) (Effluent) 1x/monthly

Total suspended Solids (TSS) (Influent) 1x/monthly

Table 2: Effluent Limitations and Monitoring Requirements/Trace Substance

Monitoring Requirements (Quarterly)

Parameter Monitoring Frequency Ammonia 1x/quarterly

Biochemical Oxygen Demand (BOD) 1x/quarterly

Nitrate/Nitrite (as N) 1x/quarterly

Nitrogen, Total Kjeldahl (TKN) 1x/quarterly

Oil and Grease 1x/quarterly

Phosphorus 1x/quarterly

Total Dissolved Solids (TDS) (Influent) 1x/quarterly

Total Suspended Solids (TSS) (Effluent) 1x/quarterly

*Hardness 1x/quarterly

* Assessment levels listed are based on a hardness of 400 mg/L as CaCO3. The receiving water must be tested for hardness at the same time that these metal samples are taken. If no receiving water is present at the time of sampling, the effluent must be tested for hardness instead. Please see the hardness definition in Appendix A, Part B. Note: When reporting the hardness on the

Discharge Monitoring report, enter Code "9" (Conditional Monitoring) for either the effluent or receiving water hardness that was not tested.

Table 3: Effluent Limitations and Monitoring Requirements (Semi-Annual)

Parameter Monitoring Frequency Cyanide 1x/6 months

Selenium 1x/6 months

Total Dissolved Solids (TDS) (Source Water) 1x/6 months

Total Dissolved Solids (TDS) (Effluent) 1x/6 months

*Arsenic 1x/6 months

*Mercury 1x/6 months

**Sulfides 1x/6 months

**Hydrogen Sulfide 1x/6 months

***Hardness 1x/6 months

* All metals effluent limits are for total recoverable metals, except for chromium VI, for which the assessment levels listed are dissolved.

**Sulfides/hydrogen sulfide detection above 100/µg/L triggers monthly monitoring for the remainder of the permit.

*** Assessment levels listed are based on a hardness of 400 mg/L as CaCO3. The receiving water must be tested for hardness at the same time that these metal samples are taken. If no receiving water is present at the time of sampling, the effluent must be tested for hardness instead. Please see the hardness definition in Appendix A, Part B. Note: When reporting the hardness on the Discharge Monitoring report, enter Code "9" (Conditional Monitoring) for either the effluent or receiving water hardness that was not tested.

Table 4: Effluent Characterization Testing (Specified Years)

Parameter Monitoring Frequency Antimony 1x/year in years 2023, 2024, 2025

Beryllium 1x/year in years 2023, 2024, 2025

Cadmium 1x/year in years 2023, 2024, 2025

Chromium 1x/year in years 2023, 2024, 2025

*Chromium VI 1x/year in years 2023, 2024, 2025

Copper 1x/year in years 2023, 2024, 2025

Iron 1x/year in years 2023, 2024, 2025

Lead 1x/year in years 2023, 2024, 2025

Nickel 1x/year in years 2023, 2024, 2025

Selenium 1x/year in years 2023, 2024, 2025

Silver 1x/year in years 2023, 2024, 2025

Thallium 1x/year in years 2023, 2024, 2025

Zinc 1x/year in years 2023, 2024, 2025

Hardness 1x/year in years 2023, 2024, 2025

Cyanide 1x/year in years 2023, 2024, 2025

* All metals effluent limits are for total recoverable metals, except for chromium VI, for which the assessment levels listed are dissolved.

*If Chromium exceeds 8µg/L, sampling for chromium VI will be conducted for the remainder of the permit. In this event, the contractor shall provide the hexavalent chromium preservative, ammonium sulfate buffer solution, with the chromium VI sample kit. Otherwise, monitoring for chromium VI is not required.

Table 5: WET Testing (Periodic)

Parameter Monitoring Frequency *Chronic Toxicity: Pseudokirchneriella subcapitata (Green Algae)

Upon Request by Reclamation Personnel

*Chronic Toxicity Pimephales promelas

(fathead minnow)

*Chronic Toxicity Ceriodaphnia dubia (water flea)

*If chronic toxicity is detected above the Action Levels (1.6 TUc – Daily Maximum, 1.0 TUc –

Monthly Median) or an acute test fails, the permittee must perform follow-up testing. The requirement for an acute test applies when duration of discharge doesn’t allow for chronic tests to be conducted.

Table 6: Toxicity Characteristic Leaching Procedure Test (TCLP) (Annual)

Metals

Arsenic 1x/year

Barium 1x/year

Cadmium 1x/year

Chromium 1x/year

*Chromium IV 1x/year

Lead 1x/year

Mercury 1x/year

Selenium 1x/year

Silver 1x/year

Volatiles and Semi-Volatiles

Benzene 1x/year

Carbon Tetrachloride 1x/year

Chlorobenzene 1x/year

Chloroform 1x/year

1,2-Dichloroethylene 1x/year

1,1-Dichloroethylene 1x/year

Methylethylketone 1x/year

Tetrachloroethylene 1x/year

Vinyl Chloride 1x/year

1,4-Dichlorobenzene 1x/year

**o-cresol 1x/year

**m-cresol 1x/year

**p-cresol 1x/year

**Cresol (total) 1x/year

2,4-Dinitrotoluene 1x/year

Hexachlorobenzene 1x/year

Hexachloroethane 1x/year

Nitrobenzene 1x/year

Pentachlorophenol 1x/year

Pyridine 1x/year

2,4,5-Trichlorophenol 1x/year

2,4,6-Trichlorophenol 1x/year

Herbicides/Pesticides

2,4-D 1x/year

2,4,5-TP (Silvex) 1x/year

Chlordane 1x/year

Endrin 1x/year

Heptachlor 1x/year

Heptachlor epoxide 1x/year

Lindane 1x/year

Methoxychlor 1x/year

Toxaphene 1x/year

* If Chromium exceeds 8µg/L, sampling for chromium VI will be conducted for the remainder of the permit. In this event, the contractor shall provide the hexavalent chromium preservative, ammonium sulfate buffer solution, with the chromium VI sample kit. Otherwise, monitoring for chromium VI is not required.

**If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 mg/L.

PPDS (Permit AZ0026280)

Provide all labor and materials to conduct the sample analysis at the GCFD PPDS to include all sample bottles, coolers that will retain enough ice to maintain specified sample temperature in transit, and Chain of Custody (COC) within 72 hours of them being requested for the multiple stated parameters:

*Note: The following tables do not match those of the permit. They have been broken down by testing frequency and exclude tests that are done in-house. Please reference the permits for specific testing instructions and parameters.

Table 1: Effluent Limitations and Monitoring Requirements/Trace Substance

Monitoring Requirements (Quarterly)

*Parameter Monitoring Frequency Hardness (CaCO3) Receiving water 1x/quarterly

Oil and Grease 1x/quarterly

Total Suspended Solids (TSS) 1x/quarterly

Selenium 1x/quarterly

Cadmium 1x/quarterly

Mercury 1x/quarterly

Lead 1x/quarterly

Total Dissolved Solids (TDS) (Source Water) 1x/quarterly

Total Dissolved Solids (TDS) (Effluent) 1x/quarterly

*All metals effluent Assessment Levels are for total recoverable metals.

Table 2: Effluent Limitations and Monitoring Requirements (Annual)

*If Chromium exceeds 8µg/L, sampling for chromium VI will be conducted for the remainder of the permit. In this event, the contractor shall provide the hexavalent chromium preservative, ammonium sulfate buffer solution, with the chromium VI sample kit. Otherwise, monitoring for chromium VI is not required.

* All metals analyses shall be for total recoverable metals, except chromium VI, which is dissolved.

Table 3: Effluent Characterization Testing (Periodic

Parameter Monitoring Frequency Biochemical Oxygen Demand Upon Request by Reclamation Personnel

Chemical Oxygen Demand (COD) Upon Request by Reclamation Personnel

Organic Carbon, total (TOC) Upon Request by Reclamation Personnel

Nitrate/ Nitrite (as N) 1x/year

Nitrogen, Total Kjeldahl (TKN) 1x/year

Oil and Grease 1x/year

Phosphorus 1x/year

Total Dissolved Solids (TDS) 1x/year

Total Suspended Solids (TSS) 1x/year

Antimony 1x/year

Arsenic 1x/year

Beryllium 1x/year

Chromium 1x/year

*Chromium VI 1x/year

Copper 1x/year

Iron 1x/year

Nickel 1x/year

Silver 1x/year

Thallium 1x/year

Zinc 1x/year

Hardness 1x/year

Cyanide 1x/year

Table 4: WET Testing (Periodic)

*Chronic Toxicity: Pseudokirchneriella subcapitata (Green Algae)

*Chronic Toxicity Pimephales promelas

(fathead minnow)

*Chronic Toxicity Ceriodaphnia dubia (water flea)

*If chronic toxicity is detected above the Action Levels (1.6 TUc – Daily Maximum, 1.0 TUc –

Monthly Median) or an acute test fails, the permittee must perform follow-up testing.

Sample Processing:

Sample processing shall be conducted within the hold time specified in the Code of Federal

Regulations Title 40, Chapter I, Subchapter D, Part 136.

Hold time includes sample preparation time and shipping from GCFD to the contractor. Samples will be paid for and sent by the Bureau of Reclamation to the vendor next day via FEDEX, UPS or USPS. Due to the remoteness of GCFD the lab must be within the GCFD vicinity that can be reached by next day shipping to allow the testing to be done within 24-hour requirement.

Therefore, the contractor shall be responsible to provide a means by which parameters hold times (24 hours or less) can be sampled within the stated limits. The contractor shall submit a plan specifying how they will address meeting the hold times of those parameters.

The contractor shall inform GCFD within 24 hours, if any of the receiving samples did not arrive within the parameter testing limits and/or if any of the samples were compromised during shipment.

All samples received shall be retained until ADEQ reports no deficiencies in sampling parameters. Any laboratory errors at the fault of the contractor will be corrected at the expense of the contractor. Any sampling or shipping errors that are the result of Reclamation personnel shall be addressed at the time of the error.

Reporting Procedures:

Results shall be provided by the vendor to GCFD in report form. Contractor shall provide a summary of procedures used, the handling of the samples including quality control measures, and a COC report. The contractor shall draft reports in accordance with professional standards acceptable by the EPA and ADEQ. Reports shall be submitted to the Bureau of Reclamation within 10 to 15 business days of receiving the sample.

Place of Performance:

The required services shall be performed at an Arizona Certified Environmental Laboratory.

Period of Performance:

This is a base and four option years contract. Period of the base year will start from day of award and run one year with the option to extend 4 one-year periods.Required Results and

Operating Constraints:

Laboratory analyses will be conducted in laboratories that have well developed Quality

Assurance/Quality Control Programs, with periodic lab audits/inspections/evaluations, and shall be certified by the ADEQ. Analysis shall be performed according to accepted EPA/State methods for the parameter to be analyzed.

Invoicing:

The Contractor shall invoice monthly, quarterly, semi-annual, and annual testing separate including separating the Wastewater Treatment Plant vs Power Plant Drainage Sump. No invoices will be combined.

Quality Assurance Surveillance Plan (QASP):

All work shall be conducted in accordance with the requirements of this performance work statement. The Bureau of Reclamation will review the contents of the reports and if work is found to be deficient, the work shall be re-performed to meet the requirements of the work statement at no cost to the Government.

Submittals:

Contractor shall submit the following documentation with quote:

• Current copy of Arizona laboratory license with their quote

• Statement the Contractor can perform tests all required testing and can meet the designated hold time found in the above “Sample Processing Section” and attached permits.

• Completed schedule “B”

If the above documentation is not included with offeror the offeror could be found nonresponsive.

140R4022Q0040 Environmental Lab Services

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

---Addendum to 52.212-4---

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Federal Acquisition Regulation: https://www.acquisition.gov/far

Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG2020)

52.242-15 STOP-WORK ORDER (AUG1989)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC

2013)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 5 years and 6 months.

The Contracting Officer may exercise the option by written notice to the Contractor within 7 days.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years 6 months.

http://www.acquisition.gov/far http://www.acquisition.gov/diar

DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The

COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The

Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the

COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the

Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting

Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of Clause)

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING

PLATFORM (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice

Processing Platform System (IPP).

'Payment request' means any request for contract financing payment or invoice payment by the Contractor.

To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and

Conditions - Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

The Contractor shall also submit an electronic copy of the IPP invoice to rtaylor@usbr.gov once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment.

The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the

Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND LIMITATIONS --

BUREAU OF RECLAMATION (MAY 2018)

a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation

Contracting Officer's Representative (COR). The term "technical direction" is defined to include, without limitation:

(1) Inspecting and accepting or rejecting work performed under the contract.

(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.

(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the

Government.

http://www.ipp.gov/ mailto:rtaylor@usbr.gov mailto:IPPCustomerSupport@fiscal.treasury.gov

(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -

(1) Constitutes a direction of additional work outside the Contract requirements;

(2) Constitutes a change as defined in the contract clause entitled "Changes;"

(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

(d) All technical direction shall be issued in writing by the COR.

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the

Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -

(1) Advise the Contractor in writing after receipt of the Contractor's letter 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; or

(2) Advise the Contractor that the Government will issue a written change order.

(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled "Disputes."

(End of clause)

--- End of Addendum to 52.212-4---

52.212-5 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(JAN 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19

U.S.C. 3805 note)).

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

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov

2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.

109-282) ( 31 U.S.C. 6101 note).

[ ] (5) [Reserved].

[ ] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

(Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41

U.S.C. 2313).

[ ] (10) [Reserved].

[ ](11)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep2021) (15 U.S.C. 657a).

[ ](12)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (13) [Reserved]

[X] (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (Mar 2020) of 52.219-6.

[ ] (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (Mar 2020) of 52.219-7.

[ ] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[ ](17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (Nov 2016) of 52.219-9.

[ ] (iii) Alternate II (Nov 2016) of 52.219-9.

[ ] (iv) Alternate III (Jun 2020) of 52.219-9.

[ ](v) Alternate IV (Sep 2021) of 52.219-9

[ ] (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

[ ] (ii) Alternate I (Mar 2020) of 52.219-13.

[ ](19) 52.219-14, Limitations on Subcontracting (Sep2021) (15 U.S.C. 637(a)(14)).

[ ](20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ](21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep2021) (15

U.S.C. 657f).

[X](22) (i) 52.219-28, Post Award Small Business Program Representation (Sep2021) (15 U.S.C. 632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ](23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Sep2021) (15 U.S.C. 637(m)).

[ ](24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C.

637(m)).

[ ](25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar2020) (15 U.S.C. 644(r)).

[ ](26) 52.219-33, Nonmanufacturer Rule (Sep2021) (15U.S.C. 637(a)(17)).

[X] (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[ ](28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

[ ] (ii) Alternate I (Feb 1999) of 52.222-26.

[ ] (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (Jul 2014) of 52.222-35.

[X] (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

[ ] (ii) Alternate I (Jul 2014) of 52.222-36.

[ ] (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

[X] (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (36) 52.222-54, Employment Eligibility Verification (Nov 2021). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

[ ] (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May

2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(Jun 2016) (E.O. 13693).

[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

[ ] (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and

13514).

[ ] (ii) Alternate I (Oct 2015) of 52.223-13.

[ ] (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun2014) of 52.223-14.

[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

[ ] (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s

13423 and 13514).

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

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O.

13513).

[ ] (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

[ ] (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

[ ] (ii) Alternate I (Jan 2017) of 52.224-3.

[ ] (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).

[ ] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) (41

U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note.

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

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

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

[ ] (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302Note).

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

(Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41

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

[X] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31

U.S.C. 3332).

[ ] (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul

2013) (31 U.S.C. 3332).

[ ] (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

[ ] (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

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

[ ] (iii) Alternate II (Nov 2021) of 52.247-64.

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

[X] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67). You must add your table with comparable wage rate.

This Statement is for Information Only: It is not a Wage Determination

This Statement is for Information Only:

Employee Class Monetary Wage—Fringe Benefits

GS 6

Step 1 2 3 4 5 6 7 8 9 10

19.29 19.93 20.58 21.22 21.86 22.51 23.15 23.79 24.44 25.08

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May

2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.

chapter 67).

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products and commercial services. 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 (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub.

L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 the applicable threshold specified in

FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41

U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Nov 2021) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Provisions

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The

NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) Current Copy of Arizona laboratory license

(5) Statement the Contractor can perform all required testing and within the designated hold time found in the “SOW Sample Processing Section” and attached permits.

(6) Schedule “B” and any discount terms

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation

(FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with

FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(g) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the

Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt https://www.acquisition.gov/far/part-4#FAR_Subpart_4_10 of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award

Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(End of…