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Non-Drinking Water Sample Analysis Support Services for the US Army Public Health Center
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W81XWH19Q0105
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Amendment 001 combined synopsis/solicitation which provides clarification and responses to Industry questions

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W81XWH19Q0105

COMBINED SYNOPSIS/SOLICITATION INSTRUCTIONS

AMENDMENT 0001 Posted 18 April 2019 The combined synopsis/solicitation is the only controlling, binding document; the responses to the questions are for guidance and clarification purposes only. The Government will only be bound by the terms and conditions of the solicitation and not by the responses to the questions. No more questions will be accepted by the Government after release of this Amendment.

1. Issue Date: 9 April 2019 Close Date: 24 April 2019 10:00 AM EST

2. Requiring Activity: US Army Medical Research Acquisition Activity (USAMRAA) for the US Army Public Health Center (APHC).

3. Description of Requirement:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. The Government intends to purchase on a firm fixed-price basis and to solicit and negotiate the proposed purchase order under the authority of FAR Part 12 and FAR Part 13.5. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The associated North American Industrial Classification System (NAICS) code for this procurement is 541380 with a small business size standard of $15,000,000.00. This an unrestricted acquisition.

4. Request for Quotes (RFQ) NO: W81XWH19Q0105 This combined synopsis/solicitation is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01, 20 December 2018.

The objective of this RFQ is to issue a Purchase Order to provide non-drinking water sample analysis. 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. Review the attached Performance Work Statement (Attachment 1) for further details regarding objectives and tasks.

SOLICITATION CLOSING DATE: All quotes/offers must be received by 24 April 2019 10:00 AM EST. Note: that you must be registered in the System for Award Management (SAM) system to be considered for an award. Registration is free and can be completed online. Above registrations can be completed through SAM @ www.sam.gov. The System for Award Management is a free web site that consolidates the capabilities you used to find in CCR/Fed Reg, ORCA, and EPLS.

Offers shall be prepared in accordance with FAR 52.212-1, Instructions to Offerors as outlined on pages 18-24 of this solicitation.

Schedule:

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job

Non-Drinking Water Sample Analysis

FFP

Non-personal services to provide analytical services to conduct non-drinking water sample analysis. USAPHC’s routine sample analysis needs will be dictated by the contract schedule of services. Reference the Schedule of Services and the Performance Work Statement. One job is equal to 12 months’ of services.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011320328

PSC CD: Q301

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Contractor Manpower Reporting

FFP

Price associated with the input of the Accounting for Contract Services information in the website operated and maintained by the Assistant Secretary of the Army (Manpower & Reserve Affairs). See the "Contractor Manpower Reporting" paragraph in the PWS for this requirement for specific reporting information.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011320328

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job
OPTION
Non-Drinking Water Sample Analysis

FFP

Option Period 1: Non-personal services to provide analytical services to conduct non-drinking water sample analysis. USAPHC’s routine sample analysis needs will be dictated by the contract schedule of services. Reference the Schedule of Services and the Performance Work Statement. One job is equal to 12 months’ of services.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Contractor Manpower Reporting

FFP

Option Period 1: Price associated with the input of the Accounting for Contract Services information in the website operated and maintained by the Assistant Secretary of the Army (Manpower & Reserve Affairs). See the "Contractor Manpower Reporting" paragraph in the PWS for this requirement for specific reporting information.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job
OPTION
Non-Drinking Water Sample Analysis

FFP

Option Period 2: Non-personal services to provide analytical services to conduct non-drinking water sample analysis. USAPHC’s routine sample analysis needs will be dictated by the contract schedule of services. Reference the Schedule of Services and the Performance Work Statement. One job is equal to 12 months’ of services.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Contractor Manpower Reporting

FFP

Option Period 2: Price associated with the input of the Accounting for Contract Services information in the website operated and maintained by the Assistant Secretary of the Army (Manpower & Reserve Affairs). See the "Contractor Manpower Reporting" paragraph in the PWS for this requirement for specific reporting information.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job
OPTION
Non-Drinking Water Sample Analysis

FFP

Option Period 3: Non-personal services to provide analytical services to conduct non-drinking water sample analysis. USAPHC’s routine sample analysis needs will be dictated by the contract schedule of services. Reference the Schedule of Services and the Performance Work Statement. One job is equal to 12 months’ of services.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Contractor Manpower Reporting

FFP

Option Period 3: Price associated with the input of the Accounting for Contract Services information in the website operated and maintained by the Assistant Secretary of the Army (Manpower & Reserve Affairs). See the "Contractor Manpower Reporting" paragraph in the PWS for this requirement for specific reporting information.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job
OPTION
Non-Drinking Water Sample Analysis

FFP

Option Period 4: Non-personal services to provide analytical services to conduct non-drinking water sample analysis. USAPHC’s routine sample analysis needs will be dictated by the contract schedule of services. Reference the Schedule of Services and the Performance Work Statement. One job is equal to 12 months’ of services.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Contractor Manpower Reporting

FFP

Option Period 4: Price associated with the input of the Accounting for Contract Services information in the website operated and maintained by the Assistant Secretary of the Army (Manpower & Reserve Affairs). See the "Contractor Manpower Reporting" paragraph in the PWS for this requirement for specific reporting information.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government
0002
Destination
Government
Destination
Government
1001
Destination
Government
Destination
Government
1002
Destination
Government
Destination
Government
2001
Destination
Government
Destination
Government
2002
Destination
Government
Destination
Government
3001
Destination
Government
Destination
Government
3002
Destination
Government
Destination
Government
4001
Destination
Government
Destination
Government
4002
Destination
Government
Destination
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
POP 01-MAY-2019 TO

30-APR-2020

N/A
PUBILIC HEALTH CENTER

PUBILIC HEALTH CENTER

5165 BLACKHAWK RD

ABERDEEN PROVING GROUND MD 21010

W23MWP

0002
POP 01-MAY-2019 TO

30-APR-2020

N/A
(SAME AS PREVIOUS LOCATION)

W23MWP

1001
POP 01-MAY-2020 TO

30-APR-2021

N/A
(SAME AS PREVIOUS LOCATION)

W23MWP

1002
POP 01-MAY-2020 TO

30-APR-2021

N/A
(SAME AS PREVIOUS LOCATION)

W23MWP

2001
POP 01-MAY-2021 TO

20-APR-2022

N/A
(SAME AS PREVIOUS LOCATION)

W23MWP

2002
POP 01-MAY-2021 TO

30-APR-2022

N/A
(SAME AS PREVIOUS LOCATION)

W23MWP

3001
POP 01-MAY-2022 TO

30-APR-2023

N/A
(SAME AS PREVIOUS LOCATION)

W23MWP

3002
POP 01-MAY-2022 TO

30-APR-2023

N/A
(SAME AS PREVIOUS LOCATION)

W23MWP

4001
POP 01-MAY-2023 TO

30-APR-2024

N/A
(SAME AS PREVIOUS LOCATION)

W23MWP

4002
POP 01-MAY-2023 TO

30-APR-2024

N/A
(SAME AS PREVIOUS LOCATION)

W23MWP

CLAUSES INCORPORATED BY REFERENCE

52.202-1
Definitions
NOV 2013
52.203-3
Gratuities
APR 1984
52.203-11
Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions
SEP 2007
52.203-12
Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.204-4
Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7
System for Award Management
OCT 2018
52.204-13
System for Award Management Maintenance
OCT 2018
52.204-16
Commercial and Government Entity Code Reporting
JUL 2016
52.204-18
Commercial and Government Entity Code Maintenance
JUL 2016
52.204-19
Incorporation by Reference of Representations and Certifications.
DEC 2014
52.204-22
Alternative Line Item Proposal
JAN 2017
52.207-1
Notice Of Standard Competition
MAY 2006
52.209-2
Prohibition on Contracting with Inverted Domestic Corporations--Representation
NOV 2015
52.209-7
Information Regarding Responsibility Matters
OCT 2018
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-4
Contract Terms and Conditions--Commercial Items
OCT 2018
52.217-5
Evaluation Of Options
JUL 1990
52.222-35
Equal Opportunity for Veterans
OCT 2015
52.222-40
Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.232-11
Extras
APR 1984
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.242-13
Bankruptcy
JUL 1995
252.201-7000
Contracting Officer's Representative
DEC 1991
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
SEP 2013
252.203-7003
Agency Office of the Inspector General
DEC 2012
252.203-7005
Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7006
Billing Instructions
OCT 2005
252.204-7008
Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7009
Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
OCT 2016
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7013
Limitations on the Use or Disclosure of Information by Litigation Support Offerors
MAY 2016
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.205-7000
Provision Of Information To Cooperative Agreement Holders
DEC 1991
252.215-7008
Only One Offer
OCT 2013
252.225-7048
Export-Controlled Items
JUN 2013
252.232-7010
Levies on Contract Payments
DEC 2006
252.243-7001
Pricing Of Contract Modifications
DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)

(a) Definition: "Qualification requirement," as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

(Name) (Address)

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror's Name Manufacturer's Name Source's Name Item Name Service Identification Test Number (to the extent known)

(d) Even though a product or service subject to a qualification requirement is not in itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate the contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government's best interests.

(e) If an offeror, manufacturer, source, product, or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government's interests, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

(End of clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of 5% per calendar day of delay to a maximum of 100%.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(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) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

(8) A completed copy of the representations and certifications at 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 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 30 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 subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

(1) 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 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) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less 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 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.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

***Addendum to FAR 52.212-1***

1. SPECIFIC REQUIREMENTS

a. This section provides guidance for preparation of quotes/offers as well as specific instructions on the format and content of the quote/offer. The Offeror’s quote shall include all data and information requested and shall be submitted in accordance with these instructions. The quote/offer shall also be compliant with all requirements as stated in the Performance Work Statement (PWS) (solicitation Attachment 1).

b. The Government intends to award a single contract to a responsible Offeror after evaluation in accordance with the factors in the solicitation. This contract will be a Firm-Fixed Price commercial service contract.

c. All quote/offer information is subject to verification by the Government. Falsification of any quote/offer submission, documents, or statements may subject the Offeror to civil or criminal prosecution under Section 1001 of Title 18 of the United States Code.

d. The Offeror shall comply with FAR 52.204-7, System for Award Management (SAM). In complying with this clause, the Offeror shall ensure that all representations and certifications contained in this solicitation are completed and uploaded to its SAM record at http://www.sam.gov by the date specified for receipt of the proposal. If the Offeror does not have an active SAM record or has a record that does not include all representations and certifications required in this solicitation, they may be considered ineligible for award.

e. Any data previously submitted in response to another solicitation to USAMRAA or another agency shall be assumed to be unavailable during this quote/offer evaluation and source selection process.

f. The Government will not reimburse the Offeror for costs incurred as a result of preparation and submission of a quote/offer in response to this solicitation.

2. QUOTE/OFFER SUBMISSION INSTRUCTIONS:

a. Government Point of Contact:

i. Contract Specialist: Ms. Beverly R. Michaels

ii. Phone Number: 301/619-1464

iii. Email: beverly.r.michaels.civ@mail.mil

b. Quote/Offer Questions:

i. Questions may be submitted via email to the point of contact listed above.

ii. Quote/offer questions deadline: 15 April 2019 at 10:00 a.m. EST

c. Quote/Offer Due Date: No later than 24 April 2019 at 10:00 a.m. EST

d. Quote/Offer Electronic Submission: The quote/offer shall be submitted electronically via email to Ms. Beverly R. Michaels at beverly.r.michaels.civ@mail.mil. It is the responsibility of the Offeror to confirm receipt with the Government point of contact.

e. Quote/Offer Volumes: The Offeror’s quote/offer submission shall include two (2) separate sections:

i. Volume 1: Non-Cost/Price Offer/Quote (i.e., contractor-provided cover sheet, table of contents, contractor points of contact, technical approach and all appropriate appendices associated with the technical quote/offer). Volume 1 shall be submitted in a Microsoft Word or searchable PDF format.

ii. Volume 2: Price (i.e., solicitation Attachment 3) Pricing Sheet and pricing for all Contract Line Item Numbers (CLIN) on the contractor-provided cover sheet, including the Other Direct Cost CLINs as well as the Contractor Manpower Reporting CLIN. Volume 2 shall include the completed Microsoft Excel pricing sheet.

3. QUOTE/OFFER CONTENT AND PAGE LIMITATIONS

a. Quote/Offer Content:

The quote/offer content shall be no smaller than Times New Roman font 12 pitch. Exhibits, graphs, charts, captions, etc. shall be no smaller than Times New Roman font 10 pitch. The total combined page limitation for Volume 1 is 30 single-sided, single-spaced pages, excluding cover sheet, table of contents, contractors’ points of contact and any associated appendices.

i. Volume 1: Signed contractor-provided cover/title page. The Offeror’s quote/offer shall include a statement that the quote/offer shall remain valid for a minimum of 90 calendar days from the date of submission and shall include the DUNS number and Cage code

ii. Volume 1: Table of Contents

iii. Volume 1: Contractor points of contact, including the signatory official and contract manager (full name, email address, business address and phone number) and completed Organizational Conflict of Interest form and Non-Disclosure Agreements (PWS attachments).

iv. Volume 1: Technical quote/offer including any appendices

v. Volume 2: Completed Pricing Sheet (solicitation Attachment 3) and completed pricing for CLINs on the contractor-provided cover sheet

All pages shall be numbered consecutively throughout the document and not by sections. For any sections of the quote/offer with a defined page limit, pages exceeding the specific limit shall be removed and not forwarded for evaluation.

b. Non-Cost Price Instructions:

The Offeror’s non-cost/price estimate shall clearly reflect the Offeror’s approach for satisfying the requirements of this solicitation. The quote/offer shall be clear, coherent and prepared in sufficient detail for effective evaluation of the quote/offer against the established evaluation criteria outlined in FAR provision 52.212-2 below. The quote/offer shall clearly demonstrate how the Offeror intends to accomplish the requirement and shall include convincing rationale and substantiate all claims. The level of effort proposed must be consistent with the proposed solution outlined in the non-cost/price proposal (i.e., Technical Approach) and shall follow the tasks outlined in the Performance Work Statement.

The Government will evaluate only one quote/offer from each Offeror. The Government will not accept alternate quotes/offers.

1. Technical Approach: The Offeror shall submit a written technical approach which effectively demonstrates the following:

· Offeror’s approach to overall understanding of the technical requirements of the PWS including facilities and equipment required to fulfill the technical requirements. This shall include Offeror’s Proposed Sub-Contractor’s ability to fulfill the technical requirements of the specific analyses which Offeror has specified. The methodology and flexibility they will use in performing the requirement.

· The Offeror (Contractor and any proposed Sub-Contractor[s]) shall clearly demonstrate the required laboratory accreditations required to conduct the methods outlined in the PWS. The prime Contractor and any proposed Sub-Contractor laboratory(ies) shall provide certification documents that demonstrates the Contractor and any proposed Sub-Contractor laboratories are accredited to the ISO 17025 standard through a third party accrediting body. The Offeror shall demonstrate that all methods and compounds required in the PWS are on their ISO 17025 accreditation scope for both the prime Contractor and any Sub-Contractors. The Contractor and any proposed Sub-Contractor laboratories shall also provide certification documents that demonstrates they are DOD Environmental Laboratory Accreditation Program (DOD ELAP) accredited. The Offeror shall demonstrate that the methods required in the PWS are on the laboratories DOD ELAP scope of accreditation. The Offeror shall clearly identify if any method in the PWS is not on the ISO17025 scope of accreditation and/or the DoD ELAP scope of accreditation. The Offeror shall also clearly identify which methods will be conducted by the prime Contractor and which methods will be conducted by any proposed Sub-Contractor(s).

· How Offeror’s approach is likely to yield the required results within the required timeframes identified in the PWS for analysis Turn Around Time and media preparation as follows:

· 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

2. Experience: The Offeror shall submit written Experience which effectively demonstrates the following:

· The Offeror’s relevant corporate experience identical to, similar to or related to performing services contained within the PWS. The Offeror’s experience (for this purpose, experience refers to what an Offeror has done, not how well it was accomplished) in performing proposed processes and procedures; the amount of relevant corporate experience the Offeror possesses; and that the organization has current capabilities for assuring performance of this requirement.

· Demonstrated Key Personnel experience that is identical to, similar to or related that shall reflect (a) appropriate mix and balance of education and training of team members AND proposed Key Personnel and (b) quality and effectiveness insofar as the allocation of personnel and resources. For any individual proposed to fill the Key Personnel position, you are to submit resume(s) and a letter(s) of commitment. Resumes shall include a list of relevant training, education and license/certifications. Resumes and letters do NOT count against the page totals. Key Personnel positions:

· Program Manager

· Quality Manager

3. Quality Control Approach: The Offeror shall submit a written Quality Control Approach which effectively demonstrates, at a minimum, the following:

· How the Offeror will meet and comply with the quality standards established in the PWS.

· A self-inspection plan, an internal staffing plan, and an outline of the procedures that the Offeror will use to maintain quality, timeliness, responsiveness, customer satisfaction, and any other requirements set forth in this solicitation.

· Scope of Accreditation must include all methods identified on the schedule of services. This shall include Proper Laboratory Accreditation of Offeror’s Proposed Subcontractor(s).

4. Past Performance: The Offeror shall submit no more than three (3) references of relevant contracts within the past three (3) years for its own performance. The contracts may be past or current as long as the performance did not end more than three years ago and the contracts may have been with Federal, State and/or City agencies and commercial customers.

(a) PAST PERFORMANCE REFERENCE CONTENT: It is the Offeror’s responsibility to provide valid, current and verifiable references. References must include:

Name of the Organization that will be providing the reference, Name of the POC, POC Telephone Number, POC Email address, Contract Number, Period of Performance, and Scope of Work

(b) INFORMATION FROM OTHER SOURCES: The Government may consider information obtained through other sources.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this combined synopsis/solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Order of Importance:

Factor 1: Technical Approach Factor 2: Experience Factor 3: Quality Control Approach Factor 4: Past Performance Factor 5: Price

Basis for Award: Award of this requirement will be made on a competitive best value basis, using “best value tradeoff” among cost/price and non-cost/price factors. A best value tradeoff process will be used, thus, the Government may elect to award to other than the lowest priced offeror, or other than the offeror with the highest rated non-cost/price proposal. Past Performance will be evaluated independently from the other non-cost/price evaluation factors using different standards.

Government evaluators will not assume that the Offeror possesses any capability or knowledge unless it is specified in the proposal. After each of the non-cost/price factors is rated individually, an overall rating will be assigned collectively to these factors. If any of the above non-cost/price evaluation factors receives an individual rating of “Unacceptable,” the collective overall rating will also be “Unacceptable.” Only offers/quotes receiving an overall rating of “Acceptable” or higher will be considered for award.

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