W912DR-17-T-0060.pdf

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MASTER BLANKET PURCHASE AGREEMENTS CHEMISTRY LABORATORY SERVICES Federal contract opportunity
Solicitation number
W912DR-17-T-0060
Issued by
Department of the Army Corps of Engineers Engineering District Baltimore

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ATTACHMENT W912DR-17-T-0060 REQUIREMENTS

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SEE ADDENDUM

(No Collect Calls)

W912DR-17-T-0060 22-Feb-2017

b. TELEPHONE NUMBER

410-962-3463

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 08 Mar 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DR9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PATRICIA L MORROW

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY CORPS OF ENGINEERS, BALTIMORE

10 S. HOWARD STREET

ROOM 7000

BALTIMORE MD 21201

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 410-962-2196 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$15M

NAICS:

541380

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF68

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912DR-17-T-0060

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTIONS TO OFFERORS

A total of up to four (4) Master Blanket Purchase Agreements (BPA), to perform analytical chemistry laboratory services for environmental samples on behalf of the U.S. Army Corps of Engineers, Baltimore District, will be entered into with responsive vendors who meet the following Submission Requirements and Evaluation Criteria.

Submission Requirements

Submissions shall be sent via email to Patricia Morrow at Patricia.L.Morrow@usace.army.mil no later than 12:00PM EST on 08 March 2017.

Please direct any inquiries regarding this notice to Patrica.L.Morrow@usace.army.mil no later than 12:00PM EST on 27 February 2017.

Submissions shall contain the following:

1. A signed cover letter to include the vendor’s Cage Code, DUNS Number, Tax ID, and Point of Contact.

2. The necessary documentation required to ensure the evaluation criteria has been met. This documentation shall not exceed 20 pages.

Evaluation Criteria

In order to be considered for a Master BPA the vendor shall respond to each of the statements/ questions and in doing so shall demonstrate how they have met the following criteria:

1. Laboratory must have a current DoD ELAP Accreditation. The lab should submit their DoD ELAP Accreditation Certificate and list of approved chemical analytical methods.

2. Offeror must be registered in System for Award Management (https://sam.gov).

3. Capable of providing the following Electronic Data Deliverables: SEDD (Stage 2a or 2b), ADR and Excel?

4. Information on past performance for USACE or other DoD environmental projects along with a list of references.

5. Does the laboratory have the capability to:

a) Analyze air and soil vapor samples by Methods TO-14A and TO-15? If not, does the lab have a DoD ELAP Accredited lab source to sub-contract this analysis?

b) Analyze water samples for Perfluorinated alkyl acids (PFAAs) by EPA Method 537 and adhering to the EPA Technical Advisory-Laboratory Analysis of Drinking Water for PFOA Using EPA Method 537 Rev 1.1 (EPA 815-B-16-021, September 2016)? If not, do they have a source to sub-contract this analysis?

c) Perform sample prep and analysis on Multi Incremental Soil Samples via Method 8330B, Appendix A?

6. Perform other special or unique sample analyses other than those referenced in Section 1.0 to the Scope of Work?

7. Does the laboratory hold State Certification for chemical analysis of solid waste samples with any of the following states: NJ, NY, PA or VA?

BPA TERMS

The Agreements will be in place for five (5) years for a potential total value of $600,000.00. Each individual call will have a limit of $75,000. The Government is only obligated to the extent of authorized calls placed against the established Master BPAs. Each call will be competitively bid amongst all Master BPA holders.

Applicable U.S. Department of Labor Wage Determination will be included with each BPA Call.

SCOPE OF WORK

06 February 2017

Scope of Work

Master Blanket Purchase Agreement

Analytical Chemistry Laboratory Services for Environmental Samples USACE, Baltimore District

1.0 Introduction

This Scope of Work (SOW) describes and outlines the analytical chemistry services required by the U.S.

Army Corps of Engineers (USACE), Baltimore District in performance of environmental samples analyses and all Quality Assurance/Quality Control support activities to assure proper usability of defensible laboratory data.

2.0 Data Needs and Objectives

The USACE currently executes restoration activities under several environmental regulatory programs.

The analytical testing of various environmental samples is often a significant part of these activities. A process or system of known quality to withstand scientific and legal challenge relative to its intended purpose must produce the data. To give the USACE programs the greatest flexibility in the execution of its projects, the SW-846 methods, as published by the USEPA, are generally the methods employed for the analytical testing of environmental samples. SW-846 is a dynamic document that is subject to change as new information and data are developed to support changes in the regulatory program and to improve method performance. Any of the promulgated (latest Revision) or Draft SW-846 Methods may be requested by the USACE Baltimore District to support specific project requirements.

Depending on the project objectives and environmental program for which samples are being collected for analysis, other EPA methods that may be requested are those methods under the authority of the Clean Water Act (CWA), Compendium of Methods for the Determination of Toxic Organic Compounds in Ambient Air -Second Edition (Methods TO-14A and TO-15 in particular), DOE Methods, or other EPA Methods and Standard Methods may be requested to be performed on the environmental samples submitted.

3.0 Requirements for Sample Analyses

3.1 Environmental laboratory services are to be provided only by laboratories compliant with the most recent published version of the Department of Defense (DoD) Quality Systems Manual (QSM) for

Environmental Laboratories (Version 5.0; July 2013; Note: QSM v5.1 was signed and issued the 1st week of January 2017, it contains four additional Quality Control Tables added to Appendix B -including a Table for Per- and Polyfluoroalkyl Substances (PFAS) Using Liquid Chromatography Tandem Mass Spectrometry (LC/MS/MS) With Isotope Dilution or Internal Standard Quantification in Matrices Other Than Drinking Water) and hold a current DoD Environmental Laboratory Accreditation Program (ELAP) accreditation for all appropriate fields-of-testing. As requested by the COR, the laboratory shall submit, in a timely manner the ELAP Accreditation Letter and list of approved chemical analytical methods. An environmental laboratory both anticipating, or engaged in support of USACE contracts, shall notify the COR immediately of change in status of laboratory operations that may affect on-going compliance with these requirements. The USACE COR may, at any time, conduct audits (including requests for pertinent data or information) that support an environmental laboratory's DoD ELAP accreditation. If the COR finds the laboratory non-compliant;

alternate, compliant laboratory services will be utilized, until such time as compliance is again demonstrated. Before performing environmental testing for USACE, the laboratory shall have access to the approved Quality Assurance Project Plan.

3.2 The analytical testing of environmental samples must be conducted in accordance with the specified method and in compliance with the analytical QA/QC requirements specified in the latest version of the DoD QSM.

3.3 Incremental Sampling Methodology (ISM) Soil Samples: ISM soil samples will be collected in the field from various Military Munitions Response Program (MMRP) sites using Incremental Sampling Methodology and analysis for metals and SVOCs which will require sample processing as specified in Method 8330B - Appendix A (Collecting and Processing of Representative Samples for Energetic Residues in Solid Matrices from Military Training Ranges). Grinding of the soil sample is to be done by using a Puck Mill grinder. Then followed by analytical prep and analysis to be performed by Method 3050/3051 (for metals digestions) and Method 6010/6020 (for metals analysis); Method 3540/3550/3541 (for SVOC extraction) and Method 8270 (for SVOC analysis). The soil samples may also require sample processing, extraction and analysis for explosives following Method 8330B, including Appendix A. The lab shall provide their SOP detailing the soil sample processing in addition to the extraction/digestion and analysis procedures. The key features of the sample processing and preparation steps that the SOP needs to include are the following:

a) Air drying of the soil

b) Particle size segregation, i.e. sieving with a #10 sieve (2 mm)

c) Milling/Grinding of the < 2 mm material for 60 sec using a puck mill for the SVOC analysis, removal of material for the SVOC analysis, then continued grinding for 4 x 60 sec with a 60 sec cooling period between grinds for the metals analysis (i.e. a two step process)

d) Sub-sampling to build the digestion/extraction aliquot

3.4 The costs associated with analyzing the laboratory QA/QC samples specified by the method and the DoD QSM are to be included in the unit price charged for that method. The contract lab shall not charge for laboratory QA/QC samples as separate costs (i.e. method blanks, Laboratory Control Standard (LCS), Laboratory Control Standard Duplicate, or other laboratory performance type samples required by the method).

3.5 All analyses must be performed within the maximum allowable holding time specified by the applicable method or by EPA regulation.

3.6 Unit prices are based on a standard twenty-one (21) to twenty-eight (28) day sample turn-around time. A written chemistry data report and an electronic data deliverable (EDD) of the analytical test results, along with all applicable laboratory QA/QC data, must be produced WITHIN THIRTY (30) DAYS after receipt of the sample in the laboratory. Unit prices may also be requested for accelerated turn-around times of two weeks, one week, and one day (if applicable). Exceedances of more than one week shall result in the Government reducing the contract price or fee payable under the contract.

3.7 Analytical methods, which the laboratory does not have the capability to perform in-house, can be subcontracted to another laboratory (except Method 8330B-Appendix A) and will be identified as such on the project price quotations submitted.

3.8 QC Checks of Known Composition Samples. The Contractor shall perform chemical analyses in accordance with the requirements established within the specified method and the DoD QSM. When the QC checks of an interference-free or known composition samples do not meet these standards/requirements, corrective action must be taken through proper application of the inspection and services clause. Corrective action may include resampling, repreparation, and/or reanalysis of the affected samples at no additional cost to the government. If the Contractor fails to promptly perform the required corrective actions, or when the failure cannot be corrected by reperformance, the Government may reduce the contract price or fee payable under the contract to reflect the reduced value of services performed. Continued failure to perform chemical analyses in accordance with these standards/requirements may result in termination of the contract for default.

3.9 The laboratory shall include all required sample bottles and containers as well as coolers for field collection of the environmental sample media and shipment to the laboratory.

4.0 Reporting Requirements

The chemistry data package should contain enough information to demonstrate that the project’s data quality objectives (DQOs) have been fulfilled. In general, the type of data package required will be a Definitive Type data package to include the reporting elements as outlined in the DoD QSM v5.0, Appendix A. If a Third Party Review of the analytical data will be performed, the additional data elements listed in Appendix A, Section 7 (Data Reports for Third Party Review or Validation) of the DOD QSM v5.0 will be included (equivalent to EPA-CLP Data Package). The Laboratory Data Report Package Report shall be reported as a hard copy electronic deliverable, generated from the same electronic database, with no discrepancies between the two. A copy of the DoD QSM can be accessed from this web link: http://www.denix.osd.mil/edqw/home/what-s-new/unassigned/qsm-version-5-0-final/.

4.1 Content from DoD QSM v5.0, Appendix A is listed below:

In the absence of client specified reporting criteria, the reporting requirements outlined below shall be used for hard-copy data reports or electronic versions of hard-copy data (such as pdf). They include mandatory requirements for all printed data reports, and requirements for data reports requiring third party data review or validation. Optional reporting requirements are those that may be required by a specific project, depending upon their needs. The following elements are required: cover sheet, table of contents, case narrative, analytical results, sample management records, and Quality Assessment/Quality

Control (QA/QC) information.

Information for third-party review may be required depending on project-specific requirements or the method being used.

4.1.1 Cover Sheet

The cover sheet shall specify the following information:

• Title of report (i.e., test report, test certificate);

• Name and location of laboratory (to include a point of contact, phone and facsimile numbers, and e-mail address);

• Name and location of any subcontractor laboratories, and appropriate test method performed (information can also be located in the case narrative as an alternative);

• Unique identification of the report (such as serial number);

• Client name and address;

• Project name and site location;

• Statement of data authenticity and official signature and title of person authorizing report release;

• Amendments to previously released reports that clearly identify the serial number for the previous report and state the reason(s) for reissuance of the report; and

• Total number of pages.

4.1.2 Table of Contents

Laboratory data packages shall be organized in a format that allows for easy identification and retrieval of information. An index or table of contents shall be included for this purpose.

4.1.3 Case Narrative

A case narrative shall be included in each report. The purpose of the case narrative is to:

• Describe any abnormalities and deviations that may affect the analytical results;

• Summarize any issues in the data package that need to be highlighted for the data user to help them assess the usability of the data; and

• Provide a summary of samples included in the report with the methods employed in order to assist the user in interpretation.

The case narrative shall provide (Information need not be repeated if noted elsewhere in the data package):

• A table(s) summarizing samples received, providing a correlation between field sample numbers and laboratory sample numbers, and identifying which analytical, preparation, and clean-up methods were performed. If multiple laboratories performed analyses, the name and location of each laboratory shall be associated with each sample;

• A list of samples that were received but not analyzed;

• Date of samples received;

• Sample preservation or condition at receipt;

• A description of extractions or analyses that are performed out of holding times;

• A definition of all data qualifiers or flags used;

• Identification of deviations of any calibration standards or QC sample results from appropriate acceptance limits and a discussion of the associated corrective actions taken by the laboratory;

• Identification of multiple sample runs with reason(s) identified (e.g., dilutions or multiple cleanups);

• Identification of samples and analytes for which manual integration was necessary; and

• Appropriate notation of any other factors that could affect the sample results (e.g., air bubbles in volatile organic compounds (VOC) sample vials, excess headspace in soil VOC containers, the presence of multiple phases, sample temperature or pH excursions, and container type or volume).

4.1.4 Analytical Results

The results for each sample shall contain the following information at a minimum: (Information need not be repeated if noted elsewhere in the data package):

• Project name and site location;

• Field sample ID number as written on custody form;

• Laboratory sample ID number;

• Preparation batch number(s);

• Matrix (soil, water, oil, air, etc.);

• Date and time sample collected;

• Date and time sample prepared;

• Date and time sample analyzed;

• Method numbers for all preparation, cleanup, and analysis procedures employed;

• Analyte or parameter with the Chemical Abstracts Service (CAS) Registry Number if available;

• Sample aliquot analyzed;

• Final extract volume;

• Identification of analytes in which manual integration occurred, including the cause and justification;

• Analytical results with correct number of significant figures;

• Detection Limit (DL), Limit of Detection (LOD), and Limit of Quantitation (LOQ) associated with sample results and adjusted for sample-specific factors (e.g., aliquot size, dilution/concentration factors, and moisture content);

• Any data qualifiers assigned;

• Concentration units;

• Dilution factors;

• All multiple sample run results shall be reported;

• Percent moisture or percent solids (all soils are to be reported on a dry weight basis); and

• Statements of the estimated uncertainty of test results (optional).

4.1.5 Sample Management Records

Sample Management records shall include the documentation accompanying the samples, such as:

• Chain-of-custody records;

• Shipping documents;

• Records generated by the laboratory which detail the condition of the samples upon receipt at the laboratory (e.g., sample cooler receipt forms, cooler temperature, and sample pH);

• Telephone conversation or e-mail records associated with actions taken or quality issues; and

• Records of sample compositing done by the laboratory.

4.1.6 QA/QC Information

The minimum laboratory internal QC data package shall include:

• Method blank results;

• Percent recoveries for Laboratory Control Sample (LCS), Laboratory Control Sample Duplicates (LCSD), Matrix spike (MS), and Matrix Spike Duplicates (MSD);

• MSD or matrix duplicate Relative percent differences (RPD);

• Surrogate percent recoveries;

• Tracer recoveries;

• Spike concentrations for LCS, MS, and surrogates;

• QC acceptance criteria for LCS, MS, surrogates;

• Post-Digestion Spike (PDS) recoveries;

• In-house or project specified LCS control limits, as applicable;

• Serial dilutions (SD) percent difference; and

• Batch numbers (preparation, analysis, and cleanup).

4.1.7 Data Reports for Third Party Review or Validation

The data validation guidelines established in other Department of Defense/Department of Energy guidance or project-specific guidelines may have distinct reporting formats. The appropriate QAPP should be consulted to determine what type (stage) of data package is required. DoD data validation guidelines defines the minimum reporting requirements for each stage (formerly level) of data package as outlined below.

• A cover sheet, table of contents, and case narrative including all of the information specified in the above sections are required for all stages of data reports.

• Stage 1: Analytical results, Sample Management Records.

• Stage 2: Stage 1 reporting requirements plus QA/QC Information, Instrument QA/QC Information, Instrument and Preparation logs.

• Stage 3: Stage 2 reporting requirements plus Instrument Quantitation Reports.

• Stage 4: Stage 3 reporting requirements plus Instrument Chromatograms and Spectra.

• In addition, standards traceability should be included in Stages 3 and 4 if a legal chain of custody is required.

5.0 Requirements for Electronic Data Deliverables

Electronic data deliverables may be specified either in addition to or in lieu of hard copy requirements.

Electronic data deliverables shall contain the same information as described for the hard copy deliverables. The complete set of rules for representing these data in a form suitable for transmission is called an electronic data deliverable (EDD) format. EDDs should: (1) use a common syntax for terms used to describe diverse laboratory activities and report analytical data; and (2) provide sufficient input parameters to allow users to link analytical data to underlying laboratory activities, provide full traceability for data, and a means for reporting complex analytical relationships.

The USACE, Baltimore District will require an EDD in one or more of the following formats (dependent upon project and client requirements):

a. Staged Electronic Data Deliverable (SEDD) - see paragraph 5.1 for additional details.

b. Automated Data Review (ADR) using ADR.Net version. For FUDS Projects there is also an ADR version on the FUDSCHEM web page for chemical data upload and review.

c. Excel Tabulated Spreadsheet (listed per test parameter/method Sample ID, Sample/Analysis Dates and Time, analyte name, concentration, detection limits, spike sample recoveries and any associated sample data qualifier flags).

d. CD-ROM (full hard copy data deliverable package and EDDs recorded onto a CD-ROM)

5.1 The SEDD is designed to provide a uniform electronic format for submission of analytical data from laboratories. Automated Data Review software (ADR.Net and FUDSCHEM versions) is a program designed to electronically review chemistry analytical data received in the SEDD format. Use of the latest version of ADR is online through use of ADR.Net (Laboratory Data Consultants, Inc.).

5.1.1 For all chemistry analytical services procured through the primary contracted laboratory or through a subcontracted laboratory under this contract, the laboratory shall report data using the SEDD format (latest version) when requested. The minimum requirement for the laboratory is the delivery of a SEDD Stage 2a deliverable. Electronic deliverables meeting SEDD Stage 2b and Stage 3 requirements are requested if the laboratory has the capability. Data from microbiological, physical and bioassay tests are not required to be delivered in the SEDD format.

5.1.2 Once the SEDD electronic data files have been received from the laboratory, the USACE project chemist will electronically review the files using qualified personnel to check project data quality requirements using the US Army Corps of Engineers ADR software (ADR.Net version) or through FUDCHEM. A comprehensive ADR Project Library file for all of the methods to be analyzed on the project will be developed by USACE in conjunction with the laboratory. The ADR Project Library file will accurately reflect all of the analytical data quality requirements as documented in the Final Project QAPP. The ADR Project Library File will be provided to the contract laboratory for use in screening the SEDD submittals.

5.1.3 The contract laboratory is required to check the integrity of the SEDD using the Contract

Compliance Screening (CCS) tool contained in ADR (Laboratory Version; user license can be obtained from Laboratory Data Consultants, Inc. at a reduced rate for USACE work) against the ADR Project Library. EDD non-conformances generated by ADR that the laboratory is responsible for will be corrected at the laboratory, a new SEDD file resubmitted and reviewed again. The laboratory will address via a brief explanation in the Non-Conformance Log any non-conformance that is not within their control.

5.1.3.1 Laboratory Submittals: A complete laboratory SEDD submittal shall include (but not be limited to) the following files:

5.1.3.1.1 ADR Project Library File (ADR eQAPP)

5.1.3.1.2 Document Type Definition (DTD) file

5.1.3.1.3 SEDD Stage 2a or 2b file

5.1.3.1.4 Post-review ADR.net files

5.1.3.1.5 Annotated Non-Conformance Log

5.1.4 All electronic data submitted by the contract laboratory is required to be error-free, and in complete agreement with the hardcopy (pdf file) data. Data files are to be delivered both by e-mail and on high density CD accompanying the hardcopy data (pdf) reports. The disk must be submitted with a transmittal letter from the laboratory that certifies that the EDD file is in agreement with hardcopy data reports and has been found to be free of errors using the latest version of the ADR evaluation software. The contract laboratory, at their cost, will correct any errors identified by the USACE, Baltimore District.

5.1.5 If a SEDD file is submitted by the laboratory and still contains unresolved non-conformances, which the laboratory is responsible for correcting, then that SEDD will be returned for a corrected version to be re-submitted. The corrected version should be re-submitted to the USACE, Baltimore District within 48 hours (or two working days) after receipt/notification of the unusable EDD file. More than one occurrence of a SEDD rejection and return to the lab due to an improperly formatted or unusable EDD shall result in a reduction in the contract price or fee payable under the contract to reflect the reduced value of services performed.

5.1.6 Information on SEDD can be obtained by going to the EPA's Forum on Environmental

Measurements web site at https://www.epa.gov/clp/staged-electronic-data-deliverable-sedd

5.2 Automated Data Review (ADR) Electronic Data Deliverable

The USACE also uses an EDD software application known as ADR. This software was developed for USACE by Laboratory Data Consultants, Inc. (LDC), and is available for use by all USACE Districts.

The latest version of ADR is through use of ADR.Net. The ADR application verifies compliance of laboratory data against EDD specifications. The ADR EDD will undergo the same electronic review process as done for the SEDD and outlined in paragraphs 5.1.2 through 5.1.5 with the same requirements to be met by the laboratory. For questions regarding license fees, installation and use of ADR.Net, contact the following individual at Laboratory Data Consultants: Mr. Richard Amano (President/Principal Chemist) at 760-827-1100.

5.3 CD ROM Deliverable

The laboratory is requested to provide two electronic copies of the full hard copy Laboratory Data Deliverables stated in Section 4.0 on CD-ROM.

6.0 Archiving Laboratory Data

Laboratories shall archive all analytical data for a minimum of five (5) years.

7.0 Storage of Samples

Laboratories shall store all samples for 60 days after testing and all costs for storage are to be included in the unit cost of analysis per matrix.

8.0 MANPOWER REPORTING: (a) Scope. The following sets forth contractual requirements for reporting of contractor labor work year equivalents (also called Contractor Man-year Equivalents (CMEs)) in support of the Army, pursuant to 10 U.S.C.129a, 10 U.S.C.2461(g), Section 343 of P.L.106- 65, and 32 CFR 668. Reporting shall be accomplished electronically by direct contractor submission to the secure Army Web Site: https://cmra.army.mil. Information on the background, purposes, and significance of this reporting requirement, and the 32 CFR 668 Final Rule as published in the Federal Register, can be found at this Web Site. In addition, a Help Desk function, detailed instructions on what and how to report, FAQs, and a site demonstration are available. The Army’s objective is to collect as much significant CME data as possible to allow accurate reporting to Congress and for effective Army planning. The reporting data elements should not be viewed as an "all or nothing" requirement. Even partial reporting, e.g., direct labor hours, appropriation data, place of performance, Army customer, etc., will be helpful.

9.0 Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

QASP

DRAFT

QUALITY ASSURANCE SURVEILLANCE PLAN

DESCRIPTION OF SERVICES:

The U.S. Army Corps of Engineers utilizes chemical laboratory analytical services from DoD ELAP Accredited laboratories for testing various environmental samples collected from project sites. The collection and analysis of environmental samples are in support of cleanup activities under CERCLA.

EPA methods will be used in the preparation and analysis of all environmental samples. The chemical laboratory will be required to provide a laboratory data analysis report as specified in the scope of work for all sample analysis.

PROJECT PRODUCTS AND SURVEILLANCE:

The Contractor shall, in accordance with the terms and conditions of the referenced contract, furnish all services, materials, supplies, plant, labor, investigations, studies, superintendence, and travel as necessary for the performance of the project work products specified in the Scope of Work. The method of surveillance will be documented through the attached Quality Assurance Monitoring Form (QAMF) and/or Quality Assurance Record (QAR) as applicable.

PRODUCT Method of Surveillance 1 Laboratory Data Analytical Report 100% USACE Inspection, Customer Feedback

AREAS OF EVALUATION:

The following issues will be evaluated through the course of the project. These factors will be evaluated through the use of the following qualifiers: satisfactory or unsatisfactory. These qualifiers are defined in Attachment A.

AREAS OF EVALUATION

QUALITY

TIMELINESS

RESOURCE MANAGEMENT

QUALITY ASSURANCE MONITORING:

QA monitoring of this project will occur through USACE oversight. With appropriate input, the USACE Project Manager (PM) will use the QAMF in Attachment A to document the observed quality and timeliness of the project at the completion of project deliverables. In addition, the PM will review and provide acceptance of the Contractor periodic progress or status reports. The QAMF will include information on acceptance of the analytical data and report and payments to percent project completions by the Contractor. Other input to surveillance includes the Quality Assurance Record (QAR) included in Attachment B. QARs should be completed by individuals completing review of project deliverables.

ACCEPTANCE AND APPROVAL:

The USACE Project Manager has defined this QASP as approved by the USACE Contracting Officer’s Representative (COR) for this contract.

ATTACHMENT A

QUALITY ASSURANCE MONITORING FORM

Date:

Milestone/Deliverable: Laboratory Data Analytical Report

Survey Period: date – date

Project Manager: name

Corrective Action Required: Yes _____ No X

Narrative Discussion of Contractor Performance during Survey Period:

Evaluation Ratings Definitions

Satisfactory – Performance meets contractual requirements. The contractual performance of the element or sub-element being assessed contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory. To justify a satisfactory rating, there should have been only minor problems, or major problems the contractor recovered from without impact to the contract. There should have been NO significant weaknesses identified. Per DOD Policy, a fundamental principle assigning ratings is that contractors will not be assessed a rating lower than satisfactory solely for not performing beyond the requirements of the contract.

Unsatisfactory – Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective. To justify an unsatisfactory rating, identify multiple significant events in each category that the contractor had trouble overcoming and state how it impacted the Government. A singular problem, however, could be of such serious magnitude that it alone constitutes an unsatisfactory rating. An unsatisfactory rating should be supported by referencing the management tools used to notify the contractor of the contractual deficiencies (e.g., management, quality or environmental deficiency report or letter).

Performance Standard

Satisfactory Unsatisfactory

Quality Data analytical report is of acceptable quality with only minor weaknesses in the data report.

Quality of analytical services and report are of poor quality and cannot be accepted as reliable.

Rework is required for acceptable data.

Timeliness Contractor analyzes all samples within the required holding time and provides data analytical report on time.

Contractor is late analyzing some samples within the specified holding time and/or the contractor is late with submission of data analytical report.

Resource Management

Skilled/certified personnel are available to analyze samples on time

Skilled/certified personnel are not available to analyze samples on time.

ATTACHMENT B

QUALITY ASSURANCE RECORD

CONTRACTOR PERFORMANCE EVALUATION

DATE OF EVALUATION: PROJECT MANAGER:

PROJECT NAME:

CONTRACTOR:

PROJECT PRODUCT:

ATTRIBUTES RATINGS

Satisfactory Unsatisfactory

Quality of product or service

Schedule

Resource Management

REMARKS:

Number of Final Submittals that were required due to poor performance:

Recommend Contractor for future projects: (Yes, No, Conditional)

Section SF 1449 - CONTINUATION SHEET

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.212-1 Instructions to Offerors--Commercial Items OCT 2016 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.219-8 Utilization of Small Business Concerns NOV 2016 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (t) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance

Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“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.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of

``labor laws''.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“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…

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