PWS for Lead Sampling Analysis Service v2.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

LEAD SAMPLING ANALYSIS

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials (to include wipes and sample tubes), supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform Lead Sampling Analysis as defined in this PWS.

1.2 Background: Lead Sampling Analysis is required for our Industrial Hygiene Armory Lead Testing that is mandated by National Guard Bureau (NGB) to be conducted on an annual basis. Lead lab analysis cannot be performed within our organization and must be contracted to achieve accurate results to meet compliance.

1.3 Period of Performance (PoP): The Period of Performance shall be one (1) Base Year of twelve (12) months and three (3) Option Years of twelve (12) months each, running from 01 May to 30 April each year.

1.4 General Information:

1.4.1 Quality Control (QC): The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary (PRS). A final QCP shall be submitted to the Contracting Officer Representative (COR) NLT 10 days after contract award. After acceptance of the QCP, the contractor shall obtain the Contracting Officer’s (KO’s) acceptance in writing of any proposed changes to its QCP.

1.4.2 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

1.4.3 Recognized Holidays: The following are recognized United States (US) holidays. The contractor shall not be required to perform services on these days:

1.4.3.1 New Year’s Day: January 1st

1.4.3.2 Martin Luther King, Jr.’s Birthday

1.4.3.3 President’s Day

1.4.3.4 Memorial Day

1.4.3.5 Independence Day: July 4th

1.4.3.6 Labor Day

1.4.3.7 Columbus Day

1.4.3.8 Veteran’s Day: November 11th

1.4.3.9 Thanksgiving Day

1.4.3.10 Christmas Day: December 25th

1.4.4 Place and Performance of Services: The contractor will perform these services from their established location.

1.4.5 Special Qualifications: Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified and qualified to provide services.

1.4.6 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR Subpart 42.5. The KO, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.7 Contract Manager (CM): The contractor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.8 Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.

1.4.9 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.0 Definitions and Acronyms

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 Contracting Officer Representative (COR): An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment will be in writing and will state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.5 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.8 Quality Assurance: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.11 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): NOT APPLICABLE

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services (to include wipes and sample tubes) as indicated in Paragraph 1.1 and throughout this PWS.

5.0 Requirements: Contractor will provide sample collection materials, which includes wipes and sample tubes, upon regular request by the COR, as outlined in this PWS. Contractor will receive samples collected by MN ARNG and will conduct analysis for lead, and provide reports, as outlined in this PWS.

5.1.1 Contractor will provide materials when requested by the COR. Requests will be submitted 30 days prior to required delivery day of materials. Approximate request timeframes are: June, September, December and March. Quantities will be determined at the time of request, and an estimated workload can be seen in Technical Exhibit 3 of this PWS. Supplies to be provided include but are not limited to: Standard 50mL Test Tube with Screw-On Lids, and Surface Sample Wipes that meet ASTM E1792 specifications. Any shipping to be included in cost of the materials.

5.1.2 Certifications and Accreditations: Contractor and contractor’s laboratory must be accredited through at least one of the two following programs. The American Industrial Hygiene Association's (AIHA) Environmental Lead Laboratory Accreditation Program (ELLAP) (https://www.aihaaccreditedlabs.org/), or the Environmental Protection Agency's (EPA) National Lead Laboratory Accreditation Program (NLLAP) (https://www.epa.gov/lead/national-lead-laboratory-accreditation-program-nllap), so to perform the lead analysis. Contractor will provide the certification and/or accreditation documentation to the COR initially and annually.

5.1.3 The contractor will use Environmental Protection Agency (EPA) Method 600/r-93/200 (modified), EPA SW-846 7000B, or other recognized regulatory method for the analysis capability of lead in paint, soil, surface dust (collected by wipe), and airborne dust. The minimum detection limit must be capable of achieving five (5) micrograms per square foot (5 µg/ft2) for surface dust samples from samples collected from a 12 inch by 12 inch square area.

5.1.4 The contractor’s laboratory will be capable of receiving, processing, and analyzing at least 1,400 surface lead wipe samples during a calendar year. As many as 80 lead surface samples may arrive in a single day and will be processed within 15 business days. Contractor will pay all required shipping costs for materials and samples to be shipped from and back to the contractor/contractor’s laboratory. COR will provide 15 business days for all samples to be shipped and tested.

5.1.5 Contractor will provide analysis results to the COR via e-mail in electronic (.pdf) file format within 15 business days of receipt of samples. Results documents will include results with client sample identification numbering and scanned field data sheets.

5.1.6 The contractor will acknowledge receipt of all samples via email to the COR within five (5) business day after receiving the samples to be tested.

5.2 Contractor Manpower Reporting Application (CMRA):

5.2.1 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the National Guard Bureau MARNG Occupational Health via a secure data collection site.

5.2.2 The contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2020. Contractors may direct questions to the help desk at http://www.ecmra.mil.

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

TECHNICAL EXHIBIT 2

Deliverables Schedule

5.2 Manpower Reporting

http://www.ecmra.mil/

TECHNICAL EXHIBIT 3

Estimated Workload Data

Annual

This information is provided for historical background only. It is not a guarantee of workload quantities.

1400 (Annually)

350 (Quarterly)

350 (Quarterly)