B01-2_FINAL_PWS_19Q0105.docx

PERFORMANCE WORK STATEMENT (PWS)

Title: Non-Drinking Water Sample Analytical Services Contract

Requiring Activity Name:

Army Public Health Center (Aberdeen Proving Ground, MD),

1. INTRODUCTION

The U.S. Army Public Health Center (APHC) is part of the U.S. Army Medical Readiness Command (Provisional) (MRCP) and focuses on epidemiology, laboratory sciences, occupational health sciences, public health information and toxicology to enhance Army readiness and assure the quality and effectiveness of Army’s Public Health Enterprise.

2. PURPOSE AND BACKGROUND

As part of the APHC mission, the Lab Sciences Directorate performs sample analyses of water, soil, sludge, sediment, and other matrices in Army operating environments and military bases to ensure the safety and security of all who work there. The Lab Sciences (LS) Directorate currently analyses water samples for organic, inorganic, and biological organisms in support of the APHC mission. However, the LS does not currently have the analytical capacity to perform all required sampling analyses including analyses on deployment locations and in natural or man-made disaster locations.

3. SCOPE

3.1.1. The contractor shall perform analyses on non-drinking, soil, sludge, sediment and other matrices and provide the results showing any organic, inorganic, and/or biological compounds in each sample.

3.1.2. This PWS contains no services that are inherently governmental functions, as defined in FAR Part 2.1.

3.1.3. This is a severable non-personal service requirement that will be performed within APHC’s Laboratory Sciences Directorate.

4. PERIOD OF PERFORMANCE

This contract is for one (1) twelve (12) months Base Period and four (4) twelve (12) month option periods.

The periods of performance for this contract are as follows:

5. WORK SCHEDULE AND LOCATION

All work contained in this PWS shall be performed at the contractor’s or subcontractor’s facility.

5.1. GENERAL REQUIREMENTS

5.1.1. Place of Performance. All work contained in this PWS shall be performed at the contractor’s or subcontractor’s facility.

5.1.2. Period of Performance. Base year will be from date of award of contract for one (1) 12-month base period and four (4) 12-month option period of Performance. All work contained in this PWS shall be performed at the contractor’s or subcontractor’s facility.

5.1.2.1. This PWS identifies services that are strictly non-personal in nature, as defined by FAR Part 37 and to ensure there is not an appearance of such this contract will have an identified COR. The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer (KO) immediately.

5.1.3. Business Relations

The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timelines, completeness, and quality of problem identification. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel. The Contracting Officer’s Representative (COR), with the approval of the KO, may require the contractor to remove from the job site any employee working under the influence of alcohol, drugs, or other incapacitating agents. Contract employees will be subject to dismissal from the premises upon determination by the COR and the KO that such action is in the best interest of the Government.

5.1.4. Personnel Administration

5.1.4.1. Key Personnel & Qualifications

5.1.4.1.1. The contractor shall assign one Program Manager for the oversight of performance of all analyses and reporting to the Government. The Program Manager shall be named as Key Personnel in the contract and shall meet the following minimum qualifications:

5.1.4.1.1.1. Shall meet all qualifications as defined in the TNI Standard (most current version).

5.1.4.1.1.2. Shall meet the qualifications as defined in ISO 17025 (most current version)

5.1.4.1.1.3. Shall have experience in project oversight and managing teams of analysts

5.1.4.1.1.4. Shall have experience in managing high volumes of analyses and data reporting

5.1.4.1.2. The contractor shall assign one Quality Manager to provide Quality Systems oversight and guidance to the Laboratory. This individual shall have defined responsibility and authority for ensuring that the management system related to quality is implemented and followed at all times. They shall also have direct access to the highest level of management at which decisions are made on laboratory policy or resources. The Quality Manager shall be named as Key Personnel in the contract and shall meet the following minimum qualifications:

5.1.4.1.2.1. Shall meet all qualifications as defined in the TNI Standard (most current version)

5.1.4.1.2.2. Shall meet all qualifications as defined in ISO 17025 (most current version)

5.1.4.1.2.3. Shall have experience in quality systems management within an environmental laboratory

5.1.4.1.2.4. Shall be able to evaluate data objectively and perform assessments without outside (e.g., managerial) influence

5.1.4.1.2.5. Shall have a general knowledge of the analytical methods for which data review is performed

5.1.4.1.2.6. Shall have documented training and/or experience in QA/QC procedures and the laboratory’s quality system

5.1.4.1.3. If the Key Personnel , as stated above, for whatever reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 15 work days, or is expected to devote substantially less effort to the work than indicated in the proposal, the contractor will immediately notify the Contracting Officer Representative and will, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least equal ability and qualifications.

5.1.4.1.4. All requests for approval of such substitutions must be in writing and must provide a detailed explanation of the circumstance necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute, and any other information requested or needed by the Contracting Officer to approve or disapprove the proposed substitute. The Contracting Officer, in collaboration with the Program Manager, will evaluate such requests and promptly notify the contractor in writing of approval or disapproval of the substitution.

5.1.4.1.5. If the Contracting Officer determines that suitable and timely replacement is not reasonably forthcoming for key personnel who have been reassigned, terminated or otherwise become unavailable for the contract, or that resultant reduction of productive effort would be so substantial as to endanger successful or timely completion of the contract, then the contract may be terminated by the Contracting Officer for default or for the convenience of the government as appropriate. Or, if the Contracting Officer finds the contractor at fault for the condition, s/he may choose to equitably adjust downward the contract price to compensate the Government for the resultant delay, loss or damage.

5.1.5. Laboratory Personnel Qualifications

5.1.5.1. All contractor personnel performing sample analyses shall meet the following qualification requirements throughout the performance of the work.

5.1.5.1.1. Final TNI Standard (most current version).

5.1.5.1.2. ISO 17025 (most current version)

5.1.5.1.3. Contractor personnel not meeting these qualifications are not allowed to perform analyses on samples for this contract. Violations of these performance qualifications may result in a termination of the Contract.

5.1.6. Subcontract Management

5.1.6.1. The Contractor shall be responsible for any subcontract management necessary to integrate work performed on this contract and shall be responsible and accountable for subcontractor performance. The prime Contractor will manage work distribution to ensure there are no OCI considerations. A notification must be sent to the KO and COR within 30 days of the agreement between the prime and the subcontractor.

5.1.6.2. Due to the need to maintain the integrity of the sampling and the laboratory certifications, the contractor may subcontract with no more than two subcontractor laboratories. A subcontractor laboratory is defined as a laboratory that operates under separate Tax ID, CAGE Code and DUNs number than the prime contractor. Contractors or subcontractors with multiple locations operating under the same corporate entity are considered a single entity. The subcontractor laboratories and personnel shall hold the same qualifications and certifications as required by the prime. The prime contractor shall not subcontract more than half of the tests listed in Attachment 5.

5.1.6.3. The lab(s) used for subcontracting must first be audited and approved by APHC prior to submitting samples. No exceptions to this requirement will be accepted.

5.1.7. Kick-Off Meeting

The Contractor shall participate in a kick-off meeting with the Government (via telephone or in-person) within five (5) business days of contract award to ensure efficient project initiation and a thorough understanding of the contract requirements.

5.1.8. Non-Personal Services

This PWS identifies services that are strictly non-personal in nature, as defined by FAR Part 37 and to ensure there is not an appearance of such this contract will have an identified COR. The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer (KO) immediately.

5.1.9. Business Relations

The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timelines, completeness, and quality of problem identification. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel. The CO), with the approval of the KO, may require the contractor to remove from the job site any employee working under the influence of alcohol, drugs, or other incapacitating agents. Contract employees will be subject to dismissal from the premises upon determination by the COR and the KO that such action is in the best interest of the Government.

5.1.10. Contract Administration and Management

5.1.10.1. Contract Management

5.1.10.1.1. The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement.

5.1.10.1.2. Contract Management Activities.

5.1.10.1.3. Government Management of the Contract. The KO will officially designate a Contracting Officer’s Representative (COR) to oversee this Contract. The Government’s COR will have responsibility for:

5.1.10.1.3.1. Ensuring that the Surveillance Plan is developed and executed by the COR and any other involved APHC representative who may have responsibilities monitoring and managing the contract.

5.1.10.1.3.2. Providing advice and assistance in resolving any performance issues that may arise during the life of the order.

5.1.10.1.3.3. Initiating and coordinating global contract changes such as changes in the paying office.

5.1.10.1.3.4. Conducting other activities as specified in their appointment memorandum.

5.1.10.1.3.5. Elevating to the KO any problems that cannot be addressed by the COR.

5.1.10.1.3.6. COR does have the authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications.

5.1.10.1.3.7. The COR does not have the authority to change the terms and conditions of the contract.

5.1.10.1.3.8. Contractor Management of the Contract. The contractor shall designate a single program manager to oversee the contract. The Contractor’s designated program manager shall serve as the single point of contact for addressing contract issues, quality issues, and overall contractor performance. This may include coordination with the KO and the COR to resolve any issues that may arise, trends relating to the contract or proposed changes or modifications to the contract. Contract management activities may include:

5.1.10.1.3.9. Non-Disclosure Statement. The Contractor shall sign the Non-Disclosure Statement (Attachment X) and ensure that all staff including all employees, subcontractors, and consultants assigned to or performing under the contract, execute, sign, and adhere to the terms of the Non-Disclosure Statement. The Contractor and Employee shall also execute a Non-Disclosure Agreement during in processing to the APHC.

6. PERFORMANCE REQUIREMENTS

6.1. Objective 1 – The Contractor shall perform laboratory analysis on non-drinking, soil, sludge, and sediment samples provided by the Government. The contractor shall follow strict Chain-Of-Custody (COC) procedures as defined in the contractor’s COC Standard Operating Procedure.

6.1.1. All compounds in Attachment 3 must be reported when the corresponding method is requested (Deliverable 1). The limits of quantitation (LOQ) (Attachment 5) in are to be met for all analytes. The contractor laboratory’s low calibration standard must be equal to or lower than the contractor laboratory’s established and verified LOQ. If any LOQ cannot be met for a particular sample due to matrix interference, the COR must be notified of this situation within 48 hours of identification of the missed standard for discussion prior to finalizing analysis and reporting.

6.1.2. Key Task 1 – Receipt and Storage of Samples prior to analysis. The Government will send samples for analysis to the Contractor facility. Each container contains specific parameters for which the sample must be analyzed. The contractor is responsible for storing and handling the samples in accordance with the analytical method specifications.

6.1.2.1. Samples will be provided to the Contractor either through a contractor provided courier, shipment from APHC, or shipment directly from the field. Contractor shall adhere to requirements for type of sample containers, sample preservation and holding times as dictated by the analytical methods, specific regulatory guidance, and/or other established guidance. If any of this information is not clearly identified in the reference method (for the particular matrix), or if there is no method reference (see Attachment 1) or other established guidance, then the information must be agreed to by the COR and the contract lab.

6.1.2.2. Sample Pickup Protocol from the APHC lab. If applicable, the contractor’s courier shall be responsible for pickup (from APHC), packaging and delivery of samples. Samples shall be picked up by the contractor’s courier within 24 hours of notification by the COR or a designated representative. The courier is responsible for packaging and transporting the samples under conditions dictated in the EPA methodology. At the time of sample pickup by the contractor (if applicable), the samples and required tests will be identified by the APHC COR on a Pickup Order/ Delivery Order (External Chain of Custody) Form. This document shall be signed and dated by the APHC COR or designee to document the date and time of sample transfer to the contract lab. The contractor courier shall date and sign the Pickup Order form to document the transfer of possession of the sample(s). A contractor representative/ project manager shall document the transfer of possession from the courier to the contract lab facility to include sample receipt conditions and temperature. The contractor shall immediately report in writing to the COR all samples lost or broken in transit. In addition, the conditions of sample receipt (to include temperature) must be reported to the COR upon receipt. Analysis for samples with receipt conditions outside acceptance criteria must receive acknowledgement from the COR to proceed with analysis.

6.1.2.3. Sample Shipment Protocol from the APHC lab. If applicable, APHC personnel will be responsible to package samples and ship them to the contractor. Please note that APHC shall pay the shipping costs for transportation of the samples. Contractor and APHC shall store and/or ship samples in accordance with the preservation guidelines as noted in the analytical method until samples are analyzed, and thereafter until results are approved by the COR. The contractor shall immediately report all samples lost or broken in shipment, with as much detail as possible, to the COR. In addition, the conditions of sample receipt (to include temperature) must be reported to the COR upon receipt. Analysis for samples with receipt conditions outside acceptance criteria must receive acknowledgement from the COR to proceed with analysis.

6.1.2.4. Direct shipment of samples from the field to the contractor. If holding times are of concern, there may be a necessity to ship the samples to the contract lab directly from the field following collection. The APHC field sampler will ship the samples and a corresponding field Chain-of-Custody (COC) document to the contract lab. When the contract lab receives the samples and corresponding field COC forms, the contractor’s project manager shall sign the COC forms verifying receipt of samples and immediately (within the same business day of receipt) forward the field COC to the COR for review, accountability and LIMS login at the APHC. The contractor’s project manager will also report to the COR the condition of the samples upon receipt (to include receipt temperature) at the contractor lab. The APHC COR shall use project planning information and the information on the COC form to generate a Pickup Order Form containing all applicable information (i.e. APHC lab ID, APHC field ID, analyses requested, matrix, points-of-contact, etc). The generated pickup order form will be forwarded electronically to the contract laboratory. The contractor shall then begin sample analysis. The contract laboratory project manager shall assure that the contract laboratory analyzes the sample within holding times specified in applicable methodology. If paperwork from the COR is pending, the contract lab should obtain guidance from the COR to proceed with analysis to meet holding times.

6.1.3. Key Task 2 – Perform Sample Analysis within the stated Turnaround Time (TAT). The Government will designate samples as either “STANDARD”, “HIGH PRIORITY”, “TOP PRIORITY” or “URGENT”. Turnaround times are calculated from the date of contractor receipt of samples to the date of receipt of analysis result acceptance by the Government. For each sample designation, the contractor shall complete the analysis within the following TAT timeframes:

STANDARD: 15 Calendar days from date of sample receipt.

HIGH PRIORITY: 8 Calendar days from the date of sample receipt.

TOP PRIORITY: 5 Calendar days from the date of sample receipt URGENT: 3 Calendar days from date of sample receipt

6.1.3.1. The Government anticipates that 30% of required analyses will be marked STANDARD, 60% HIGH PRIORITY, 9.5% TOP PRIORITY, and 0.5% URGENT per contract year. Natural disasters or military mobilization may alter these estimates.

6.1.3.2. For each sample, the contractor shall perform analyses for the compounds and organisms listed Attachment 3 according to their stated parameters and methodologies. Any special analyses or additional testing requirements will be stated on the sample. It is anticipated that the contractor will perform between 3,000 and 10,000 samples per year. Natural disasters or military mobilization may alter these estimates.

6.1.3.3. The contractor shall follow strict quality assurance and quality control protocol, in compliance with the DoD Quality Systems Manual (QSM; version the lab is accredited to), applicable analytical methods (Attachment 3), laboratory SOPs, and Attachment 4. Note that all method-specific quality assurance/quality control requirements (laboratory blanks, laboratory control samples, laboratory/method duplicates, matrix spikes (MSs) and matrix spike duplicates (MSDs), each at the method specified frequency) must be included in the contract, per field sample bid price (no additional charges for laboratory/method QA/QC). It is understood any project specified field QC samples (field duplicates, field blanks, project specified MS/MSDs above the method frequencies, etc.) will be charged the field sample rate.

6.1.4. Key Task 3 – Provide analytical results to the COR. The contractor shall submit the results of all analyses within the TAT timelines as described on the samples. The results shall be submitted electronically to the COR and include the information requested in the format outlined by the DoD/DoE QSM Appendix A: Reporting Requirements (Attachment 7).

6.1.4.1. Extensions for matrix issues and sample analysis anomalies may be negotiated with the COR on a case by case basis. However, these issues must be made known to the Contracting Officer’s Representative (COR) when they occur and when the lab believes a delay is possible, not after the data package is overdue.

6.1.5. Key Task 4—Disposal of unused sample volumes and return of Government shipping containers. Unless otherwise directed by the COR, the contractor shall dispose of any unused sample volumes no earlier than 60 Calendar days from the date of acceptance of analytical results by the Government. Disposal shall be done in accordance with all applicable laws and regulations required by the contractor’s facility.

6.1.6. Key Task 5 - All Government shipping containers, unless otherwise specified, shall be returned to the COR within three Calendar days of receipt.

7. Management Reports and Plans

7.1 Quality Control Plan (Deliverable 3). The Contractor shall provide a draft Quality Control Plan (QCP) no later than 15 calendar days after contract award. The Contractor shall prepare and adhere to a QCP describing how the contractor intends to manage the contract to achieve the established standards set forth in the Performance Standards Summary Matrix and the contractor’s QCP. At a minimum, the QCP must include a self-inspection plan, an internal staffing plan, and an outline of the procedures that the Contractor will use to maintain quality, timeliness, responsiveness, and customer satisfaction.

7.2 Contract Manpower Reporting Application (CMRA) (Deliverable 4). This is a mandatory requirement IAW Army Federal Acquisition Regulation Supplement (AFARS) 5137.91, Accounting for Contract Services.

The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: https://www.ecmra.mil/Default.aspx.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at:

DoD.ECMRA.Support.Desk@mail.mil.

8. DELIVERABLES

The Contractor shall complete and submit deliverables in accordance with the “Deliverables Table” below. Unless specified in the PWS within the description of the deliverable, all deliverables will be made to the COR electronically.

Analysis Reports and Electronic Data. The contractor shall submit reports and electronic data as discussed in Attachment 6. Each data package consists of a PDF package/file and an electronic data deliverable (see Attachment 6). If the contractor does not submit data packages on time and/or submits incomplete/technically deficient data packages, the contractor may be required to pay liquidated damages to the Government in the amount of 5% per day late to a maximum of 100% Extensions for matrix issues and sample analysis anomalies may be negotiated with the COR on a case by case basis. However, these issues must be made known to the COR when they occur and when the lab believes a delay is possible, not after the data package is overdue.

DELIVERABLES TABLE

E: Electronic H: Hard Copy TBD: To Be Determined

Conflicts of Interest

(OCI)

Attachment A

Contractor personnel performing work under this contract may receive, have access to, or participate in planning and managing organization’s activities/programs which may create OCI as defined in FAR subpart 9.5.

applicable)

Agreement (Attachment 8)

The Contractor shall submit all documents prior to performing ANY work.

Reporting

COR, CMRA

Database

The contractor shall report ALL contractor labor hours required for performance of services provided under this contract for the APHC via a secure data collection site. Reports shall be submitted no later than 31 October annually.

The Contractor shall complete all training requirements within 30 days upon reporting for duty. (if applicable)

The Contractor shall provide the sample analysis report for each set of samples within the identified Turn Around Time structure in the PWS

The Contractor shall provide the Electronic Data Deliverables (EDD) files for each set of samples within the identified Turn Around Time structure in the PWS

8.1. Reports and Documents

Reports and documents delivered by the Contractor in the performance of this contract shall be considered Technical Data as defined in the applicable FAR clause 52.227-14, Rights in Data. All documentation shall reflect the latest version of the work product or activity, unless specifically directed otherwise by the Government. All documentation shall be prepared in accordance with (IAW) standard industry practices, ensuring electronically produced documents which reflect logical flow of material, tables of contents indexes and page numbering. Where applicable, the Contractor’s attention is called to the availability of commercial, industry, federal, and military guides, instructions, and standards for many of the topics addressed in this PWS and under this contract.

8.2 Inspection and Acceptance

The COR delegated oversight of specific technical, functional and oversight responsiblities is responsible for inspection and acceptance of all services, incoming shipments, documents, and services.

Certification by the Government of satisfactory services provided is contingent upon the Contractor performing in accordance with the performance standards contained in the PWS and all terms and conditions of this order, including all modifications.

8.3 COR Information

TBD at time of award.

9. PERFORMANCE REQUIREMENTS SUMMARY MATRIX

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the Contractor’s performance in relation to performance objectives. The Government will finalize the QASP immediately following award, and the COR will provide a copy of the final QASP to the contractor. The QASP is a living document and may be updated by the Government as necessary.

The Government will use the following performance requirements to measure the performance of the contractor. The contractor shall meet the Performance Objective(s) and Acceptable Quality Level(s) within the “Performance Requirements Summary Matrix” (PRS Matrix).

10. TRAVEL/TEMPORY DUTY (TDY)

No travel is associated with this contract

11. GOVERNMENT FURNISHED PROPERTY

The Government will not furnish any property in support of this contract requirement.

The COR for this contract will be appointed by the KO. The COR will serve as the primary point of contact for all activities and issues that occur under this contract. Only the KO has the authority to enact changes to this award.

12.2 Contractor Management

The Contractor shall designate a single Program Manager (PM) to be the Contractor’s authorized point of contact (POC) with the COR. The PM will be responsible for formulating and enforcing performance standards, assigning contractor schedules, reviewing performance quality, communicating policies, purposes, and goals to subordinates. This will include coordination with the KO and the COR to resolve any issues that may arise, trends relating to the contract, or proposed changes or modifications to the contract.

12.3 Contractor Organization

The Contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The Contractor shall ensure that all contractor personnel are advised of their chain of command and who they should contact if they have questions.

13.1.1 Federal Law

The services provided under this contract must be conducted in accordance with all Federal law, Department of Defense (DOD), Department of the Army (DA) and MEDCOM laws and command laws, regulations, policies, and procedures that govern the conduct of regulated research.

13.1.2 Occupational Safety and Health Administration

The contractor shall comply with Occupational Safety and health Administration Standard Number 1904.32. The contractor shall deliver the 300A by February 1 of each year (Deliverable XX).

This PWS identifies services that are strictly non-personal in nature, as defined by Federal Acquisition Regulation (FAR) Part 37, Service Contracting. To ensure there is no appearance of any personal services, the Government shall neither supervise contractor personnel nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks or prepare work schedules for individual contractor personnel. It shall be the responsibility of the contractor to manage its personnel and to guard against any actions that give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contractor Officer (KO) immediately.

14.2 Severable / Non-Severable Services

This award identifies services that are severable in nature.

14.3 Inherently Governmental Functions

This requirement has been reviewed and contains no services that are inherently governmental functions.

14.4 Acquisition Functions Closely Associated with Inherently Governmental Functions

This requirement has been reviewed and contains no services that are closely associated with inherently governmental functions.

14.5 Organizational Conflict of Interest

U.S. Army Public Health Center (APHC) has categorized all service procurements into one of the following three categories as defined below, for the purpose of identifying, avoiding, or mitigating Organizational Conflicts of Interest (OCI) in accordance with (IAW) Federal Acquisition Regulation (FAR) Subpart 9.5. These categories are defined as follows:

Category 1: Command Wide Internal Support: Services which, by their very nature, give the Contractor access to non-public procurement sensitive data about the contract requirements, other contractors’ proprietary information, or put the contractor in a position to influence the award decision on a contract in which they are participating. Services would be characterized as having access to Command Wide procurement sensitive information, or work that could likely have an influence over follow-on awards or contracts with subordinate directorates/Commands.

Category 2: Program Management Support: Services which assist APHC in planning and managing an organization’s activities and programs. These include, for example: requirements analysis, acquisition support, budget planning and management, business process reengineering, program planning and execution support, and independent technical management support. Services would be characterized as having access to only Directorate or Subordinate Command level procurement sensitive information or work that would have little influence on follow-on requirements or requirements of other directorates/Subordinate Commands.

Category 3: Product Support. Services or end items required to meet the mission requirements of the organization’s activities and programs. These include, for example: concept exploration and development, system design, system development and integration, COTS procurement and integration, internal development testing, deployment, installation, operations, and maintenance. Services can be characterized as having little or no access to procurement sensitive information other than the immediate requirement and little chances of follow-on work that can be influenced by the immediate requirement.

OCI Certification. APHC OCI Category 3 is applicable for this acquisition. The Contractor shall perform a thorough comparative analysis of the potential new work against all current and previous works performed in support of the APHC organization and ascertain whether they have a possible conflict of interest. If there is a conflict of interest or the appearance of a conflict of interest, the Contractor shall provide a comprehensive OCI Mitigation Plan. The Contractor shall complete the OCI Certification at time of proposal submission.

14.6 Invoices

The contractor shall submit invoices to Wide Area Work Flow (WAWF) with sufficient documentation to provide certification of invoice.

The contractor is responsible for properly preparing and forwarding to the appropriate Government official, the invoice and receiving report for payment. The contractor shall attach back up information to receiving reports for direct labor and Other Direct Costs (ODCs). Direct labor backup information shall reflect the person’s name, job title and quantity of hours worked for each pay period at a minimum. Backup information for ODCs shall list all elements of costs, such as travel breakout backup, including itinerary, dates of travel, name of employees traveling plus per diem costs shall accompany the receiving report. Equipment purchases are not authorized under this contract. The Wide Area Workflow – Receipt and Acceptance application is the required method of submission.

Where applicable, contractor will include additional ODC invoice details as required per protocol for any volunteer payments in support of this PWS.

14.7 Dissemination of Information/Publishing

There shall be no dissemination or publication, except within and between the Contractor and any Sub Contractors or specified Integrated Product/Process Team (IPT) members who have a need to know, of information developed under this order or contained in the reports to be furnished pursuant to this order without prior written approval of the COR or the Contracting Officer.

All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable.

The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil.

14.9 Sexual Harassment / Assault Response and Prevention (SHARP) (Deliverable 9) The contractor shall comply with OTSG/MEDCOM Policy Memo 16-033, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Response Program (SHARP). The SHARP reporting requirements apply only to knowledge obtained by contractor personnel while performing services under this contract.

The contractor shall require all contractor personnel with knowledge of an incident of sexual assault or sexual harassment occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the Government's COR or Contracting Officer. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals.

The contractor shall ensure all service providers receive Sexual Harassment/Assault Response and Prevention (SHARP) training not later than 60 calendar days after contractor personnel begin performance under this contract and annually thereafter. Training can be self study using the attached slides, obtained online for contractor personnel with an Army Knowledge On-line (AKO) account or in person. In-person training through USAMRAA can be scheduled by contacting 301-619-8937 for class date/time and availability. If the employee has an AKO account, they can access training online at Army AKO https://www.us.army.mil/. Once in AKO:

Under the "Self Service" tab, click on "My Training"; once that page comes up, in the center of the page, click on the ALMS logo or the "Access the ALMS" option. On the left hand side of the page that launches, click on “Search”, and enter “SHARP Standing Strong” in the Search option (in about the middle of the page that opens). Sexual Harassment/Assault Response and Prevention Standing Strong Training (Version: FY15) will appear as one of your options. Under that option, click on the “Begin Registration” option.

15. ATTACHMENTS

Attachment 1 - Acronyms Attachment 2 – Organization Conflict of Interest Attachment 3 – Parameters and Methods Attachment 4 – General Quality Assurance/Quality Control Requirements Attachment 5 – Required Compounds and Limits of Quantification Attachment 6 – APHC Reporting Requirements (Results) Attachment 7 – DoD/DOE QSM Appendix A: Reporting Requirements Attachment 8 – Non-Disclosure Agreement

ATTACHMENT 1 - ACRONYMS LIST

ATTACHMENT 2: ORGANIZATIONAL CONFLICT OF INTEREST

U.S. Army Public Health Center (APHC) has categorized all service procurements into one of the following three categories as defined below, for the purpose of identifying, avoiding, or mitigating Organizational Conflicts of Interest (OCI) in accordance with (IAW) Federal Acquisition Regulation (FAR) Subpart 9.5. These categories are defined as follows:

Category 1: Command Wide Internal Support: Services which, by their very nature, give the Contractor access to non-public procurement sensitive data about the contract requirements, other contractors’ proprietary information, or put the contractor in a position to influence the award decision on a contract in which they are participating. Services would be characterized as having access to Command Wide procurement sensitive information, or work that could likely have an influence over follow-on awards or contracts with subordinate directorates/Commands.

Category 2: Program Management Support: Services which assist APHC in planning and managing an organization’s activities and programs. These include, for example: requirements analysis, acquisition support, budget planning and management, business process reengineering, program planning and execution support, and independent technical management support. Services would be characterized as having access to only Directorate or Subordinate Command level procurement sensitive information or work that would have little influence on follow-on requirements or requirements of other directorates/Subordinate Commands.

Category 3: Product Support. Services or end items required to meet the mission requirements of the organization’s activities and programs. These include, for example: concept exploration and development, system design, system development and integration, COTS procurement and integration, internal development testing, deployment, installation, operations, and maintenance. Services can be characterized as having little or no access to procurement sensitive information other than the immediate requirement and little chances of follow-on work that can be influenced by the immediate requirement.

Contractor participation in more than one of these areas may give rise to an unfair competitive advantage resulting from access to advance acquisition planning, source selection sensitive or proprietary information. Furthermore, Contractor participation in more than one area may give rise to a real or apparent loss of Contractor impartiality and objectivity where its advisory or planning assistance in one area potentially affects its present or future participation in another area.

The purpose of this categorization is to accomplish the following three objectives: (1) to inform prospective Offerors that APHC presumes that award of a contract or order in the subject category will give rise to real or apparent OCIs with respect to requirements in the other two categories; (2) to assist current Contractors and prospective Offerors in developing their own business strategies regarding participation in APHC requirements and in identifying and, where possible, avoiding or mitigating against OCIs; and (3) to ensure that all current Contractors and prospective Offerors are afforded the maximum practicable opportunity to compete for all APHC requirements consistent with the restrictions required under FAR Subpart 9.5 and sound business practices.

For purposes of identifying, avoiding and / or mitigating against OCIs, APHC will examine all its non-purchased care requirements and acquisitions regardless of the cognizant contracting activity (e.g., USAMRAA, GSA, other agency Multiple Award Schedules, etc.) or the type of contract vehicle used (e.g., FSS order, Fair Opportunity competitive order under Multiple Award ID/IQ Contracts, competitively negotiated awards under FAR Part 15, etc.).

Each APHC non-purchased care solicitation will therefore be designated as falling within one of the three above defined categories. The work called for under this contract / order has been determined by APHC to fall within the following non-purchased care OCI category:

Category 2: Program Management Support

APHC will administer this clause for purposes of award eligibility for each solicitation as follows:

An Offeror that has never provided support to APHC in any of the categories is eligible for award in any category without any further action required under this clause.

An Offeror that provides or has provided support to APHC in only one category of work and has never supported APHC in any other category (a single-category Contractor) is eligible for award for any future requirement in that single category without further action under this clause.

A single-category Offeror/Contractor wishing to submit an offer in a different category, or any Offeror/Contractor which now provides or previously has provided support in more than one category, must include the following as part of its offer:

• Perform a comparative analysis of the potential new work against all current and previous work performed in support of APHC in any category other than that of the new work being offered. The comparative analysis must be included in the proposal for the new work, and must include a statement certifying whether the Contractor believes that its performance of the proposed new work would create a real or apparent OCI. If the Contractor believes that no real or perceived OCI will result from an award of the proposed work, no additional action by the Contractor is required.

• If the Offeror/Contractor believes that a real or apparent OCI may exist as a result of an award, the Contractor shall also submit an OCI Avoidance or Mitigation Plan with its proposal.

Inclusion of the comparative analysis and OCI Avoidance or Mitigation Plan will not be counted against any offer page limitations otherwise stated in the solicitation.

The Contracting Officer (and when applicable the appropriate program office, acquisition manager, and legal counsel) will review the comparative analysis and, if provided, the Avoidance or Mitigation Plan, in accordance with the requirements of FAR Subpart 9.5 (Organizational Conflict of Interest) to determine whether award to that Offeror would be consistent with those requirements. If it is unilaterally determined by the Contracting Officer that no OCI would arise or that the OCI Avoidance or Mitigation Plan adequately protects the interests of the government in the event of award to that Offeror, the Offeror will be determined, for purposes of this clause, to be eligible for award. If the Contracting Officer reasonably determines that a Contractor has not provided either a comparative analysis or avoidance/mitigation plan, or both, or that the analyses or plan provided is inadequate, sanctions including elimination from the award process, or termination of the related contract effort already awarded, as well as other appropriate sanctions will be considered.

If the Offeror/Contractor knows of no OCI in accepting work under this contract, it shall certify its OCI status and submit the certification at the end of this clause with its proposal and any later award, if awarded the contract. The Contractor shall also obtain a similar certification of OCI status from all subcontractors, teaming partners or consultants prior to tasking any such party under this contract. The Contractor shall appropriately modify and include this clause, including this paragraph, in all consulting agreements and subcontracts of any tier to preserve the rights of the Government.

For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract, disqualify the Contractor from subsequent related contractual efforts, and pursue any remedies as may be permitted by law or this contract.

Prior to a contract modification involving a change to the Statement of Work, or an increase in the level of effort or extension of the term of the contract, the Contractor shall submit any applicable organizational conflict of interest disclosure or an update of the previously submitted disclosure or representation.

The Offeror/Contractor should review the considerations below in determining whether or not a conflict of interest exists.

• Does the Offeror or any intended subcontractors, teaming partners, proposed employees, or affiliates have Unequal Access to Information?