Indoor Environments Product Testing Services

Amendment 000003 to 61320623Q0010 is issued for a revision to the Performance Work Statement (PWS) and the addition of FAR provision and clauses as follows:Section 4 contract type in the PWS is revised to note the resulting award will be an IDIQ contract with a minimum guarantee of 1 task order in the base year. The word BPA call order or call orders has been replaced with task order throughout the document. The revisied PWS is attached. The following FAR provision and clauses are added to this soliciation:52.216-27 Single or Multiple Awards (Oct 1995).As prescribed in 16.506(f), insert the following provision:The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.(End of provision)52.216-18 Ordering (Aug 2020).As prescribed in 16.506(a), insert the following clause:(a) Any supplies and

services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from September 15, 2023 through September 14, 2028 [insert dates].(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.(c) A delivery order or task order is considered "issued" when—(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or(3) If sent electronically, the Government either—(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or(ii) Distributes the delivery order or task order via email to the Contractor's email address.(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.(End of clause)52.216-19 Order Limitations (Oct 1995).As prescribed in 16.506(b), insert a clause substantially the same as follows:(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.(b) Maximum order. The Contractor is not obligated to honor-(1) Any order for a single item in excess of $2,000,000.00;(2) Any order for a combination of items in excess of $2,000,000.00 [insert dollar figure or quantity]; or(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 45 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.(End of clause)52.216-22 Indefinite Quantity (Oct 1995).As prescribed in 16.506(e), insert the following clause:(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 364 days after the expiration of the IDIQ’s period of performance.(End of clause)Amendment 000002 to 61320623Q0010 is issued to provide additional instructions for submitting quote package and answers to questions:Additional Instructions for Submitting Quote Package: Please submit your Quote package in TWO separate Volumes and attached them in an email to ggrayson@cpsc.gov. There is no page limit or template. Questions and Answers:Q1: NAICS code 541380 is specified- is this required, or used for classification purposes only? This code is on our list for additions as it fits our services but is not currently applied.Answer: NAICS code 541380 is not required. It was used for classification purposes only.Q2: We are a large business under that NAICS size standard ($16.5M). Can you confirm that we will not be required to be a small business to bid?Answer: Vendor is not required to be a small business.Q3: Any certifications required specifically as a testing laboratory? We are ISO 9001, 14001, and 45001 certified, but are still working toward 17025.Answer: The use of the word accreditation instead of certification in the performance work statement was intentional, recognizing that these words are often used interchangeably. Certification is used to verify individuals and sometimes products. Accreditation is used to verify laboratories have quality management systems and can perform different kinds of ANSI, ISO, ASTM, etc., test methods. The question identifies the following accreditations:ISO 9001- Quality Management System StandardISO 14001- Environmental Management SystemsISO 45001 Occupational Health and Safety ISO 17025 Testing and CalibrationCPSC staff was intentional with not specifying or requiring a certain number or type of laboratory accreditations in the performance work statement and this is not one of the evaluation factors. The question identifies common accreditations relevant to this performance work statement. CPSC staff note that there are many other lab accreditations also available including CPSC accreditations. CPSC staff encourage labs to list which accreditations they maintain or are working towards. CPSC staff also encourage labs to document their existing comparable good laboratory practices. Section 6a of the performance work statement is revised to note that labs should maintain laboratory accreditation(s) or use comparable good laboratory practices.Q4: We conduct commercial safety testing directly with a variety of customers. Will this be perceived as a conflict of interest for participation in this program?Answer: Testing of consumer products using specified test methods for evaluation of conformance with CPSC requirements is very likely to be different from the exposure testing under the proposed contract and generally would not be considered a conflict of interest. For consideration of potential conflict of interest for specific work under a potential contract, we would compare testing requirements and products tested. Thus, considering work for other clients and potential work for CPSC, if either the test requirements/methods or the products are different, this would not be a conflict of interest. If both test requirements/methods and products are the same, this could be considered a conflict of interest and should be disclosed. Potential conflicts of interest would not prevent a vendor from submitting a proposal in response to the government’s solicitation. Amendment 000001 to 61320623Q0010 is issued to extend the question period from April 12, 2023 to April 28, 2023 3PM EST. Quote packages are now due no later than May 12, 2023 3PM EST. This is a combined synopsis/solicitation for Indoor Environments Product Testing Services in accordance with the format in FAR Subpart 12.6, and 13.105 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quotation (RFQ). The required services are described in the attached Performance Work Statement (PWS). The Consumer Product Safety Commission (CPSC) has a requirement for indoor environment assessment services. The provision at 52.212-1, Instructions to Offerors-Commercial Items, applies to this acquisition. In addition to the requirements of FAR 52.212-1, the quote must prominently display the offeror's SAM UEI number as well as contact information for the offeror's point of contact for the quote. SAM.gov registration is mandatory to be considered for award. The quote package must be submitted via email to the Contract Specialist at ggrayson@cpsc.gov.The provision at 52.212-2, Evaluation-Commercial Items, applies to this acquisition, and the evaluation criteria to be included in paragraph (a) of that provision are as follows:EVALUATION FACTORS:The technical quote must clearly and fully demonstrate the contractor’s knowledge, capabilities, and ability in conducting aspects of the proposed work and describe in detail experience the firm has had in the past performing similar or related work. The quote will be evaluated for demonstrated capabilities of the organization to manage and perform the proposed work.The offeror does not need to be an expert in all areas listed in the performance work statement. The offeror should identify what they can do. The government will evaluate each offeror based on both how many different kinds of testing they can do AND the quality of how well they can perform certain kind of test. Volume 1: Technical ProposalFactor A. Technical CapabilityThe quote will be evaluated for demonstrated knowledge and capabilities of the organization to manage and perform one or more of the broad product testing categories described below:Education, knowledge and experience in conducting laboratory or field testing. Education, knowledge and experience in developing, evaluating, or revising sampling and analytical methods that describe how to perform product testing. Documentation of existing laboratory equipment, approaches, and procedures with dedicated laboratory or field space(s) to conduct product testing. Document these technical capabilities for more than one and up to seven of the broad product testing categories described below:[1] product testing that quantitatively measures the chemical content of consumer products and consumer articles,[2] product testing that measures the chemical migration out of a product into saliva,[3] product testing that measures the chemical migration out of a products, onto, and into simulated skin,[4] product testing that measures short-term emissions from products to chamber air in small or large chambers,[5] product testing that measures long-term emissions to surfaces, air, and dust in small, micro, or modified chambers,[6] product testing that measures rapidly changing emissions from combustion products through direct reading instruments or similar, or[7] product testing that measures personal sampling of human skin or the human personal-breathing zone during product use.Factor B. Professional Qualifications, Performance and ManagementQuotes will be evaluated for experience (titles, degrees, years of experience, etc.) and qualifications for all key personnel who will participate in the performance of this contract. The quote will be evaluated for the relevance, recency, and scope of previous work completed. The Contractor will demonstrate the qualifications of all key personnel participating in the contract, which will be evaluated based on supporting information such as published papers and reports related to source characterization, product testing, and indoor exposure assessment for chemicals from consumer products. The contractor will provide curricula vitae for key personnel.Factor C. Past PerformanceWhen assessing performance risks, the government will focus on the past performance of the offeror as it relates to all acquisition requirements such as cost, schedule, and performance, including standards of good workmanship; the offeror's adherence to contract schedules, including the administrative aspects of performance; the offeror’s ability to attract and maintain key personnel minimizing turn-over, the offeror's reputation for reasonable and cooperative behavior and commitment to customer satisfaction and generally the offeror's business-like concern for the interest of the customer. In addition to demonstrating general knowledge of this requirement, the offeror will be evaluated on relevant and demonstrable experience/ability in the following areas:Work related to the regulation of hazardous chemicals used in consumer products sold in the United States. For example, familiarity with CPSC (or equivalent) risk assessment guidelines and practices, as specified in the Federal Hazardous Substances Act, CPSC's chronic hazard guidelines, published reports and other CPSC documents, that are relevant to assessment of chemical exposure.Work related to regulations developed at the international, federal, state, or local level which regulate chemicals used in or emitted from consumer products.Projects related to testing consumer products which then inform completed chemical exposure assessments.Offerors with no relevant past performance will be evaluated neither favorably nor unfavorably.The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the Government.The contractor will note any past performance experience (within the past 5 years) with consumer product or chemical manufacturers, importers, distributors, retailers, voluntary standards organizations, third-party testing companies, or trade associations, where the performance was completed by the contractor or any potential subcontractor that the contractor will employ to complete this anticipated contract. The contractor will indicate whether such past performance could reasonably prevent completion of anticipated work under this contract or could cause a reasonable person with knowledge of the relevant facts to question the contractor’s impartiality in the matter due to a conflict of interest.Volume 2: Pricing ProposalOfferors should include all potential maximum fully loaded hourly rates for the services called for in the Performance Work Statement. The Evaluation Process:The government reserves the right to issue a single or multiple award blanket purchase agreement (BPA) resulting from this quotation to the responsible Contractor whose quote conforming to the request for quotation will be the most advantageous to the Government, price and other factors considered. The following evaluation factors will be used to evaluate the quote based on the understanding of the overall SOW and technical approach:1. Factor A – Technical Capability.2. Factor B - Professional Qualifications, Performance and Management.3. Factor C – Past Performance.Relative Importance of Factors:Factor A – Technical Capability is significantly more important than factors B & C.Factor B - Professional Qualifications, Performance and Management is more important than factor C.Factor C – Past Performance is considered to be less important than factors A & B. The technical evaluation sub-factors under factor A are considered to be comparatively equal to one another.Significantly more important is defined as two times greater in value than more important, whereas “more important” is greater in value than any lesser criteria.Offerors will only include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, if their annual SAM registration has not been completed. If the SAM registration has been completed, Offerors will only submit paragraph (b) if there are applicable exceptions to the current registration.The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Mar 2023), applies to this acquisition. The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition: (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020); (7)52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C) ; (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021)); (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)); (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755); (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015); (30) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246); (32) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793); (35) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627); (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513); (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a); (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury); (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332). The following FAR clauses also apply to this requirement:52.217-8 Option to Extend Services (NOV 1999)The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days of contract expiration.(End of clause)52.217-9 Option to Extend the Term of the Contract (MAR 2000)(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.(End of clause)52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.(End of clause)The following local clauses are also applicable to this requirement:LC1A CONTRACTOR’S NOTEThe COR – To be noted on page 1 of the BPA. Delivery Instructions and COR info to be noted on each Call Order. A. BILLING INSTRUCTIONSPursuant to the Prompt Payment Act (P.L. 97-177) and the Prompt Payment Act Amendments of 1988 (P.L. 100-496) all Federal agencies are required to pay their bills on time, pay interest penalties when payments are made late, and to take discounts only when payments are made within the discount period. To assure compliance with the Act, vouchers and/or invoices shall be submitted through the Invoice Processing Platform (IPP). At a minimum, each invoice document submitted through IPP shall include the documentation required in the contract.ELECTRONIC INVOICING AND PAYMENT REQUIREMENTSInvoice Processing Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their supplier by the U.S. Treasury's Bureau of Fiscal Service. IPP allows Federal agencies and their suppliers to exchange electronic purchase orders, blanket POs, invoices, and payment information in one easy to access web portal. This service is free of charge to government agencies and their suppliers, including services and support. (a) Definitions. As used in this clause-(1)”Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Payment documentation and process” and the applicable Payment clause included in this contract. (b) The Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@stls.frb.org or phone (866)973-3131.PAYMENT AND INVOICE QUESTIONSFor payment and invoice questions, contact the Accounts Payable Branch at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.Customer Service inquiries may be directed to Nancy Kneisler at NKneisler@cpsc.gov.OVERPAYMENTSAccounts Receivable Conversion of Check Payments to EFT: If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an electronic funds transfer (EFT). This means the Government will copy the check and use the account information on it to electronically debit the Contractor’s account for the amount of the check. The debit from the Contractor’s account will usually occur within 24 hours and will be shown on the regular account statement.The Contractor will not receive the original check back. The Government will destroy the Contractor’s original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.C. INSPECTION & ACCEPTANCE PERIODUnless otherwise stated in the Performance Work Statement or Description, the Commission will ordinarily inspect all materials/services within seven (7) business days after the date of receipt. The CPSC representative responsible for inspecting the materials/services will transmit disapproval, if appropriate, to the contractor and the Contracting Officer. If other inspection information is provided in the Performance Work Statement or Description, it is controlling.D. NO AUTOMATIC RENEWALSIf any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.(End of clause)LC 22 Handling of Confidential Informationa. If the Contractor obtains confidential business information about any company in connection with performance of this contract, either from the CPSC, the other company itself, or any other source, the Contractor agrees that it will hold the information in confidence and not disclose it either to anyone outside the CPSC or to any Contractor employee not involved in performance of this contract.b. At the completion of performance of this contract, the Contractor shall return any confidential information, obtained as described above, either to its owner or to the CPSC. No such information shall be retained by the Contractor. Furthermore, the Contractor agrees not to use any such confidential business information for any purpose other than performance of this contract. During contract performance, the Contractor shall maintain confidential business information obtained as described in this article in a safe or locked file cabinet to which only employees performing work under this contract shall have access. A log shall be maintained to reflect each entry to the safe or cabinet. The Contractor shall provide to the COR, and keep current, a list of all employees with such access. The Contractor shall require each such employee to execute an affidavit as set forth in the attached “Affidavit of Disclosure” and the original and one copy of each affidavit shall be sent to the COR.c. A site inspection of the Contractor's security measures for confidential information may be performed by the CPSC COR prior to contract award and at any time during contract performance as deemed necessary by the COR. Approval of the security measures may be a prerequisite to contract award and continued performance.d. Failure by the contractor to comply with the terms of this clause may be treated as a default pursuant to the terms of this contract.(End of clause)LC 21A Disclosure of Information - Limits on Publicationa. The Contractor will submit to the Commission any report, manuscript or other document containing the results of work performed under this contract, before such document is published or otherwise disclosed to the public, to assure compliance with Section 6(b) of the Consumer Product Safety Act (15 U.S.C. Section 2055(b)), Commission regulations (16 C.F.R. Part 1101), and a Commission directive (Order 1450.2). These provisions restrict disclosure by Commission Contractors of information that (1) permits the public to identify particular consumer products or (2) reflects on the safety of a class of consumer products. Prior submission allows the Commission staff to review the Contractor's information and comply with the applicable restrictions. CPSC should be advised of the Contractor's desire to submit or publish an abstract or a report as soon as practical.b. Any publication of, or publicity pertaining to, the Contractor's document will include the following statement: "This project has been funded with federal funds from the United States Consumer Product Safety Commission under contract number 61320623AXXXX. The content of this publication does not necessarily reflect the views of the Commission, nor does mention of trade names, commercial products, or organizations imply endorsement by the Commission.(End of Clause)LC 24 Nondisclosure of any Data Developed Under this Contracta. The Contractor agrees that it and its employees will not disclose any data obtained or developed under this contract to third parties without the consent of the U. S. Consumer Product Safety Commission Contracting Officer.b. The Contractor will obtain an agreement of non-disclosure (attached) from each employee who will work on this contract or have access to data obtained or developed under this contract.(End of Clause)LC 31 RESTRICTIONS ON USE OF INFORMATIONa. If the Contractor, in the performance of this contract, obtains access to information such as CPSC plans, reports, studies, data projected by the Privacy Act of 1974 (5 U.S.C. 552a), or personal identifying information which has not been released or otherwise made public, the Contractor agrees that without prior written approval of the Contracting Officer it shall not: (a) release or disclose such information, (b) discuss or use such information for any private purpose, (c) share this information with any other party, or (d) submit an unsolicited proposal based on such information. These restrictions will remain in place unless such information is made available to the public by the Government.b. In addition, the Contractor agrees that to the extent it collects data on behalf of CPSC, or is given access to, proprietary data, data protected by the Privacy Act of 1974, or other confidential or privileged technical, business, financial, or personal identifying information during performance of this contract, that it shall not disclose such data. The Contractor shall keep the information secure, protect such data to prevent loss or dissemination, and treat such information in accordance with any restrictions imposed on such information.(End of clause)The question period ends on April 12, 2023 3PM EST. Questions must be emailed to ggrayson@cpsc.gov. No phone calls please. Quotes are due no later than April 28, 2023 3PM EST via email to Greg Grayson: ggrayson@cpsc.gov.