A22_-_W913E5-15-R-0004_Amendment_0001.pdf

W81EWF51684325

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to re-open the solicitation through 9AM Central on 23 July 2015, dissolve the small business set-aside, and require prospective offerors to be accredited w ith the Washington State Department of Ecology for EPH and VPH analysis.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 18

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 17-Jul-2015

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W913E5-15-R-0004

X 9B. DATED (SEE ITEM 11)

30-Jun-2015

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

17-Jul-2015

CODE

ERDC CONTRACTING OFFICE

HANOVER OFFICE

72 LYME ROAD

HANOVER NH 03755-1290

W913E5 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W913E5-15-R-0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The set aside percentage 100.00% has been deleted.

The required response date/time has changed from 14-Jul-2015 09:00 AM to 23-Jul-2015 09:00 AM.

The Acquisition Set Aside has changed from Small Business to No Preference / Not Listed.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

Performance Work Statement (PWS)

Analytical Lab Services for Contaminated Soil Investigation and Remediation Study at NARL

Field Sites Contents

1 Introduction

1.1 Mission

1.2 Background

1.3 Scope

2 General Requirements

2.1 Non-Personal Services

2.2 Business Relations

2.3 Contract Administration and Management

2.3.1 Contract Management

2.3.2 Contract Administration

2.3.3 Personnel Administration

2.4 Subcontract Management

2.5 Contractor Personnel, Disciplines, and Specialties

2.6 Location and Hours of Work

2.7 travel/Temporary Duty (TDY)

3 Performance Requirements

3.1 The Contractor shall perform the following tasks:

4 Special Requirements

4.1 Security and Safety

4.2 Government Furnished Materials

5 Deliverables

6 Related Documents

Performance Work Statement (PWS)

Analytical Lab Services to the Cold Regions Research and Engineering Lab in Partnership with the Navy Arctic Research Lab

1 Introduction

The Soil Microbiology Lab within the US Army Corps of Engineers Cold Regions Research and Engineering Lab (CRREL) has partnered with representatives of the Navy Arctic Research Lab (NARL) on a project seeking to remediate oil contaminated sites in Barrow, Alaska. This project has a need for the professional and accredited services of an analytical lab to carry out the preliminary analysis of this site.

1.1 Mission

This project is currently in the year 1 stage, in which critical decisions about the project will be made based on the results of the preliminary analysis. CRREL field technicians will assist with the acquisition of the samples directly from the field and provide samples from a large scale remediation study that will be conducted within the laboratories at CRREL. The contracted lab will analyze the samples and provide the CRREL and NARL researchers with data to make ongoing decisions regarding the site.

1.2 Background

Since the mid 1970’s, the Navy owned sites (Airstrip and Powerhouse) in Barrow, Alaska have experienced several spills and leaks of gasoline, oil, and other fuels. While many cleanup efforts have been performed throughout the decades, there are still several hotspots containing concentrations of hydrocarbons above the acceptable limit. In an effort to remediate this site in a cost efficient manner, the Navy Arctic Research Laboratory has turned to our lab to experiment with phytoremediation and microbial assisted remediation.

1.3 Scope

The contracted lab will be required to perform Extractable Petroleum Hydrocarbon (EPH) and Volatile Petroleum Hydrocarbon (VPH) tests in accordance with Environmental Protection Agency (EPA), Washington Department of Ecology, and Alaska Department of Environmental Conservation (ADEC) approved protocols along with a quality assurance and quality control protocol that will be validated by a third party data validation service. This is a substantial endeavor that will be used to make several critical decisions about the future cleanup of the NARL site; therefore, it is imperative that data be generated from a large, statistically significant sample set. The contracted lab will perform their analysis on two batches of samples of varying size. The first will be composed of samples collected directly from the NARL field site, while the second batch will be samples taken at critical time points during the CRREL remediation study. In total, the lab will analyze 334 samples for VPH and EPH analysis (170 VPH + 164 EPH). This large sample size serves both the purposes of providing all researchers involved with an all-encompassing set of data while ensuring that it is both statistically significant and representative of the true level of contamination and the results of any lab-based remediation efforts.

2 General Requirements

The contracted lab will be required to analyze 36 baseline samples for EPH and VPH (20 EPH + 16 VPH) with appropriate quality assurance and quality control measures within 14 days of the sample collection. According to the EPA sampling guide, the samples must be measured within 14 days of their removal from the ground for results to be considered valid. This sample analysis will include a suite of blanks and other QC samples that are appropriate under EPA recommended sampling guidelines. During the bench scale study, the lab will receive another set of samples to analyze under the same conditions. These samples will number at 298 total for EPH and VPH (154 VPH + 144 EPH). The number of samples for the bench scale study is representative of 2 sampling locations each with 2 sampling areas with 4 treatments sampled at 3 critical time points in triplicate. This sampling amount also includes an appropriate number of blanks and other QC samples given the sampling size. In both cases, the lab will submit to CRREL researchers a data packet including disclosure of protocols utilized and all quality assurance and control measures that can be validated by a third party.

2.1 Non-Personal Services

It is the obligation of the contracted lab and their employees to utilize methods and protocols that are appropriate to the requested experiments that comply with the client’s guidelines. The government shall neither supervise the lab nor control the methods by which the contracted lab performs their analysis. It shall be the responsibility of the CRREL researchers to submit the results of the contracted lab to the third party data validation firm that will confirm the efficacy of the work the contractor performed. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer (KO) immediately.

2.2 Business Relations

The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timeliness, completeness, and quality of the deliverables.

2.3 Contract Administration and Management

The following subsections specify requirements for contract, management, and personnel administration.

2.3.1 Contract Management

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

2.3.2 Contract Administration

The contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall have the responsibility for supervising the support required and provide a POC for the government to notify in case of emergency, proposed additions to the scope of work, and government complaints about the performance of the work.

2.3.3 Personnel Administration

The contractor shall provide the following management and support as required. The contractor shall provide for employees during designated Government non-work days or other periods where Government offices are closed due to weather or security conditions. The contractor shall make any necessary travel arrangements for employees. The contractor shall provide administrative support to its employees in a timely fashion (time keeping, leave processing, pay, emergency needs).

2.4 Subcontract Management

The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations.

2.5 Contractor Personnel, Disciplines, and Specialties

The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources. The contractor shall ensure the labor categories, labor rates, and man-hours utilized in the performance of each task will be the minimum necessary to accomplish the task. The contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.

2.6 Location and Hours of Work

Accomplishment of the work contained in this PWS requires work solely at the location of the contracted lab. Under no circumstances should the work be completed outside of the contracted lab once the samples have been released to them. All work shall be completed within 14 days of sample acquisition for each batch of samples sent to the contracted lab. The first batch of samples (approximately 36 in total) will be sent directly from the field in late August 2015.

Samples from remediation treatments will then be sent to the contracted lab at various points over the course of a four month time period.

2.7 Travel/Temporary Duty (TDY)

No travel is foreseeable for completion of the tasks delineated in this PWS.

3 Performance Requirements

The following section specifies the Performance Objectives and Performance Elements for the contract.

3.1 The Contractor shall perform the following tasks:

Task 1. Provide appropriate sampling collection vessels

Provide all appropriate sampling vessels to collect the samples in accordance with the Washington State Department of Ecology guidelines for EPH and VPH sample collection.

Field Samples: EPH collection containers shall be 4oz amber jars with Teflon-lined lids.

Ship forty (40) jars to Barrow, AK; exact address to be provided at the time of award.

Jars shall be received in Barrow, AK not later than 14 August 2015; the preferred shipping window is 8/10/15 – 8/14/15.

Bench-Scale Samples: EPH collection containers shall be 4oz amber jars with Teflon-lined lids. Ship three hundred forty (340) jars to Hanover, NH; ATTN: ROBYN BARBATO, 72 Lyme Road, Hanover, NH 03755. Jars shall be received in Hanover, NH not later than 21 August 2015.

Field Samples: VPH samples require 40ml amber vials with Teflon-lined lids. All vials shall be prefilled with 15mls +/- .03 mls of purge and trap grade methanol. Ship forty-four (44) vials to Barrow, AK; exact address to be provided at the time of award. Vials shall be received in Barrow, AK not later than 14 August 2015; the preferred shipping window is 8/10/15 – 8/14/15.

Bench-Scale Samples: VPH samples require 40ml amber vials with Teflon-lined lids. All vials shall be prefilled with 15mls +/- .03 mls of purge and trap grade methanol. Ship three hundred seventy (370) vials to Hanover, NH; ATTN: ROBYN BARBATO, 72 Lyme Road, Hanover, NH 03755. Jars shall be received in Hanover, NH not later than 21 August 2015.

Provide a sampling vessel manifest that contains all the details discussed below. The manifest will be included in the shipping containers to the site and a copy all sampling containers should be pre-tared on a scale capable of estimations to .001 grams. The weight should be included on the vial or jar or recorded within a sample container manifest. In the case of the VPH sampling vials, the volume of methanol should be recorded within the container manifest as well all vials and jars should be assigned a unique identifier that that can be used to tie them to their tare weight and methanol volume as applicable. All sampling containers must be certified clean and free of contaminants.

Task 2. Run a total petroleum hydrocarbon assessment on the samples

Perform extractable petroleum hydrocarbon analysis on the contaminated samples following a protocol or methods that meet or exceed the requirements proposed in the Washington State Department of Ecology Publication No. ECY 97-602 1997

Perform volatile petroleum hydrocarbon analysis on the contaminated samples following a protocol or methods that meet or exceed the requirements proposed in the Washington State Department of Ecology Publication No. ECY 97-602 1997

EPH ranges are C8-C10 aliphatic, C10-C12 aliphatic, C12-C16 aliphatic, C16-C21 aliphatic, C21-C34 aliphatic, C8-C10 aromatic, C10-C12 aromatic, C12-C16 aromatic, C16-C21 aromatic, C21-C34 aromatic and practical quantitation limits of 50 ug/L in water and 5 mg/Kg in soil for the ranges.

VPH ranges are C5-C6 aliphatic, C6-C8 aliphatic, C8-C10 aliphatic, C10-C12 aliphatic, C8-C10 aromatic, C10-C12 aromatic, and C12-C13 aromatic and practical quantitation limits of 50 ug/L in water and 5 mg/Kg in soil for the ranges and 5 ug/L in water and 0.5 mg/Kg in soil for the individual targets.

Baseline samples, totaling thirty-six (36), from the field will be shipped to the lab between August 17, 2015 – August 21, 2015. Bench-scale samples, totaling two hundred ninety-eight (298), will be sent in three (3) intervals over the course of the succeeding five (5) months (September 2015 – February 2016). Both of these analyses will amount to a total of 334 that the contractor will provide deliverables for.

Task 3. Perform QA/QC

Include a QA/QC program with the runs that meets or exceeds the guidelines set forth in the Washington State Department of Ecology Publication No. ECY 97-602 1997

The QA/QC program shall be scaled to accommodate the sampling size in accordance to the guidelines set forth in the Washington State Department of Ecology Publication No.

ECY 97-602 1997

Task 4. Results

A complete assessment of the sample results, including a performance summary review in a format that can be utilized for data validation; data must be fully disclosed to allow for review by a data validation firm.

Provide all deliverables outlined in lab SOP, regardless of whether it has been identified herein as a deliverable.

Results shall disclose all non-proprietary methodology utilized in the processing of the samples in as much detail as possible.

Results shall be delivered to the COR via email within fourteen (14) days from sample receipt.

Performance Standard: It is expected that the contracted lab will adhere completely to the quality and professionalism suggested by their station as an accredited lab and will carry out the request in a timely fashion to the best of their abilities using all appropriate methodology. The resulting data will be reviewed both by the CRREL researchers as well as a third party data validation firm for quality and usability. If either of the reviewing parties have reasonable evidence that the results demonstrate a failing on the part of the contracted lab, they will council with the COR for an unbiased evaluation. The COR will review the product to ensure it is of sufficient quality and if so, COR will approve the deliverable as sufficient for acceptance (i.e., for payment.)

Deliverables of insufficient quality will be rejected for revision. Re-performance will be required on field samples if the samples can be analyzed and returned before their respective expiration dates. If re-performance is required on bench-scale samples, the Government will send the samples from a second collection. Complete and accurate reports shall be delivered to the COR via email.

4 Special Requirements

This section describes the special requirements for this effort. The following sub-sections provide details of various considerations on this effort

4.1 Security and Safety

No special requirements for security have been identified at this time.

4.2 Government Furnished Materials

The CRREL researchers will provide to the analytical lab all relevant samples with the appropriate chain of custody forms and following proper shipping procedures.

5 Deliverables

There are six deliverables:

Provide all of the appropriate sampling collection vessels as discussed in section 3.1 Task 1.

The contracted lab shall perform the required tests on the provided first suite of samples referred to as the baseline samples, those tests being EPH and VPH analysis and will number in total thirty-six (36) samples; twenty (20) EPH and sixteen (16) VPH.

The contracted lab shall perform a second, third, and fourth set of analyses under the same conditions as the baseline samples on what will be referred to as the bench scale samples; T0, Tm, and Tf. These samples will number in total 298 (154 VPH + 144 EPH).

Tests for the baseline samples shall be performed within fourteen (14) days from collection; the Government intends to overnight the samples to the lab within twenty-four

(24) hours from collection. The collection date/time of each sample will be noted.

QA/QC program shall be included with the analysis results. Analysis results and associated documentation shall be delivered to the COR via email not later than fourteen

(14) days after receipt of the samples.

Analysis results shall include a summary of performance and disclosure of any and all non-proprietary methods used in the processing of the samples. Results shall include all deliverables that are outlined in their SOP, whether or not they are included within the requested deliverables.

Accounting for Contractor Services: The Office of the Assistant Secretary of the Army (Manpower & Reserved Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://cmra.army.mil/. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-contractors); (7) Total payments (including sub-contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website);

(12) Presence of deployment or contingency contract language: and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor’s systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site.

NDAA DATA

UIC W2R2AA - Military Appropriations

FSC Q301

Contract Number

Contract Fiscal Year 2015

Form of Contract Action Definitive Contract

Contract Type Firm Fixed Price

PBSA Yes

Non-DoD Purchasing Agency (leave blank)

Competed Action Full and Open Competition

If Competed, number of offerors 2

Small Business Yes or No

Small Disadvantaged Business Yes or No

Women-owned Small Business Yes or No

DoD Administering Component USA- USACE CRREL, Hanover

Contracting Organization USA- USACE CRREL, Hanover

6 Related Documents

The following documents are related to this project:

Performance Requirement Summary (PRS) Statements Standards/AQLs Incentive/Remedy

Provide all appropriate Deliver the kind and quantity of Re-performance at no additional sampling collection vessels as discussed in section 3.1 Task vessels identified, by or before the required dates, with all required documentation.

AQL: 100%

cost to the Government

Perform EPH and VPH analysis tests on baseline (field) samples.

Complete analysis within (14) days of collection.

See “Performance Standard” paragraph in PWS Section 3.1

AQL: 100%

Re-performance at no additional cost to the Government

(on viable samples)

Perform three (3) additional sets of analyses under the same conditions as the baseline samples for the bench scale samples; T0, Tm, and Tf.

Complete analysis within fourteen (14) days of sample receipt.

See “Performance Standard” paragraph in PWS Section 3.1

AQL: 100%

Re-performance at no additional cost to the Government

Include QA/QC program as part of sample analysis results

Contracted lab demonstrates a QA/QC program that meets or exceeds the standards requested of them. The CRREL researchers and third party validation firm will confirm that these QA/QC measures are appropriate and acceptable.

AQL: 100%

Re-performance at no additional cost to the Government

Provide analysis results which include a summary of performance and disclosure of any and all non-proprietary methods used in the processing of the samples.

Results shall include all deliverables that are outlined in their SOP, whether or not they are included within the requested deliverables.

Resultant data of the analysis delivered within fourteen (14) days of sample receipt with all mentioned deliverables. The data will be reviewed by the CRREL researcher and data validation firm, both of which will provide a report to the COR for review to ensure deliverables are sufficient.

AQL: 100%

Re-performance at no additional cost to the Government

SECTION I - CONTRACT CLAUSES

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2015)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-

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

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L.

111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (OCT 2014) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

_X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)).

__X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

____ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

__X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

____ (31) 52.222-37, Employment Reports on Veterans (July 2014) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

__X__ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (36) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-13.

____ (37)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (39)(i) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____(42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

____ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__X__ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

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

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

_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) __X___ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

INSTRUCTIONS

PROPOSALS ARE DUE BACK TO TOM.F.NOWOCIN@USACE.ARMY.MIL NOT LATER

THAN 9AM CENTRAL ON THURSDAY 23 JULY 2015.

Offerors are required to have an active System for Award Management registration, no active exclusions, and BOTH FAR AND DFARS representations and certifications completed by the proposal submission due date in order to receive a Department of Defense contract award. Ensure that all representations and certifications, required by this Request for Proposal, are either included in the online FAR and DFARS report, and/or included with your proposal submission.

To be considered technically acceptable, the Contractor’s submission must include the following:

1. Proof of accreditation with the National Environmental Lab Accreditation Program and the Washington Department of Ecology.

2. An affirmative statement that the offeror is capable of achieving a standard turnaround time of 14 days or less from sample acquisition. The Government intends to overnight ship each batch of samples to the contracted lab immediately upon sample acquisition for the baseline samples, therefore the successful offeror will likely have approximately 12 days to execute the analyses.

SECTION M - EVALUATION FACTORS FOR AWARD

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

(a) The Government will award a contract resulting from this 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:

Award will be made to the lowest-priced, technically acceptable offeror. Technical acceptability will be based on:

1. Receipt of required accreditation;

2. Affirmation of the offeror’s ability to meet the required delivery terms for all aspects of the requirement

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

(End of Summary of Changes)