Laboratory Emissions Bench for Testing Raw Gas Emissions
Added: Aug 09, 2017 1:08 pm Background:This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and FAR 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Solicitation 1645BC-17-R-00003 is being issued as a Request for Proposals (RFP), to provide a new Laboratory Emissions Bench for the Approval & Certification Center, a division of the U.S. Department of Labor's Mine Safety & Health Administration, located at 765 Technology Drive, Triadelphia, West Virginia, The North American Industry Classification System (NAICS) code is 334516 with a small business size standard of 1,000 employees. The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular FAC 2005-94 and 95. This requirement is being competed as a full and open competition.Offerors are encouraged to read the solicitation package in its entirety to fully become aware of the requirements of this solicitation. The Government may consider proposals that fail to follow all instructions to be unacceptable and ineligible for contract award.This Request for Proposals contains product specifications and a statement of work outlining the required installation and training. It is the responsibility of the Contractor to ensure that they build into their quoted price the entire project, including delivery of a new laboratory emissions bench, installation, and training. If any part of the work will be subcontracted, the proposal must reflect the tasks to be performed by both the prime and subcontractor.Type of ContractA firm fixed price contract is anticipated for this project.QuestionsAny questions are due by August 18, 2017 at 3:00 PM EST. Questions not received by this deadline may not be considered. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Questions must be submitted in writing via email to Contract Specialist Rhonda Sizemore at sizemore.rhonda@dol.gov. Please use the Solicitation Number in the subject of the email. No telephone calls will be accepted.Proposal DeadlineOfferors shall submit their proposals so that MSHA receives them not later than 3:00 PM Eastern Standard Time on August 29, 2017. FAXED proposals shall not be accepted. E-mail proposals shall be accepted at Sizemore.Rhonda@dol.gov. Please reference the solicitation number in the subject line of email communications. Offerors proposals shall not be deemed received by the Government until the proposal is entered in the e-mail box set forth above.Proposals shall be sent to the US Department of Labor, Mine Safety & Health Administration, Acquisition Management Division, Attn: Rhonda Sizemore, 1301 Airport Road, Beaver, West Virginia, 25813. All offerors should ensure the solicitation number is visible on the outermost packaging.Because of heightened security, electronic delivery methods are the preferred method of delivery of proposals. If proposals are hand delivered, the offeror must confirm that someone in the Acquisition Management Division is available to accept the delivery. MSHA is a guarded facility and a photo ID is required for access to the site.Offeror must be registered in the System for Award Management (SAM) database before an award can be made to them. If the offeror is not registered in the SAM, it may do so tough the SAM website at http://www.sam.gov. Registration is free.Offerors must certify that the product being offered is BAA/TAA compliant, original and new. Refurbished, used, or "gray market" items will not be accepted. The item must be eligible for all manufacturer warranties and other ancillary services or options provided by the manufacturer. Experimental and/or prototype custom items will not be considered.The system shall meet or exceed the salient characteristics identified in the Product Specifications. Ownership of the equipment shall transfer to MSHA after acceptance.DeliveryDelivery shall be FOB DESTINATION and shall occur NLT nine (9) months ARO. FOB Destination means: The contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery. The contractor shall deliver all Line Items to:The U.S. Department of LaborMine Safety & Health AdministrationApproval & Certification Center765 Technology DriveTriadelphia, West Virginia 26059-2715Installation and training shall be completed within one (1) month after delivery.WarrantyThe contractor shall provide the standard commercial warranty for a period of at least one (1) year, IAW FAR Part 52.212-4. The warranty shall commence upon acceptance of the instrument. Addendum to FAR 52.212-1, Quotation Preparation InstructionsProposals shall acknowledge any amendments to the solicitation. The offeror's proposal shall consist of tee separate volumes. The Volumes are: I-Technical, II Past Performance, and III-Price.1) Technical Proposal: The offeror shall submit an original and one copy of the technical proposal. If the proposal is submitted electronically, additional copies are not required. The technical proposal shall address the following:2) Past Performance: The offeror shall submit an original and one copy of its past performance references. If the proposal is submitted electronically, additional copies are not required.3) Price Proposal: The offeror shall submit an original and one copy of the completed priced schedule. If the proposal is submitted electronically, additional copies are not required. The price proposal shall be separate from any other portion of the proposal. The offeror shall propose a firm fixed-price, FOB Destination. Contractor shall state warranty coverage. Price proposals shall remain valid for a period of 90 days from the date proposals are due. 4) Acceptance of Terms and Conditions: This is an open-market solicitation for equipment as defined herein. The Government intends to award a contract as a result of this solicitation that will include the clauses set forth herein. The Technical Proposal shall include one of the following statements:"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition"OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following: Offeror shall list exception(s) and rationale for the exception(s)5) Completed Provisions. The Offeror shall complete and submit with its Technical Proposal FAR provisions 52.209-2, 52.209-11, 52.212-3, 52.225-2, and 52.225-18 contained within the solicitation.Page Count. The page count is as follows:Volume I - Technical - NTE 45 pages, excluding covers, title pages, executive summaries, table of contents and supporting documentation. Volume II - Past Performance - NTE 10 pages, excluding covers, title pages, executive summaries, and table of contents. Volume III - Price - No Page LimitationThose pages that exceed the page counts for each volume or attachment will not be evaluated.All information shall be confined to the appropriate volume. The offeror shall confine submissions to essential matters, sufficient to define the proposal details, in a concise manner, to permit a complete and accurate evaluation of each proposal. 1. Technical Capability2. Past Performance3. PriceThe Government shall not be responsible for compensating the Contractor for anycosts tied to solicitation requirements but not factored into the proposed prices, either by the Contractor's intention or by mistake.Addendum to FAR 52.212-2The Government will make award to the lowest priced technically acceptable responsible offeror using the following evaluation criteria:(1) Technical Acceptability. Each offeror's quotation will be evaluated to determine if it meets the technical requirements as follows:A) Technical Factor I:- The offeror shall submit a technical description or product literature for the equipment it is proposing, which clearly identifies the manufacturer and part number, and each technical specification. The offeror must demonstrate that is proposed equipment meets each technical specification described in the statement of work by providing a citation to the relevant section of its technical description or product literature. If applicable, evidence that the Offeror is authorized by the original manufacturer to provide the items in the proposal shall be included. No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. MSHA will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all technical specifications. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, MSHA will determine that it does not.B) Technical Factor II: That the required 1 year warranty or better is offered; andC) Technical Factor III: The contractor demonstrates its ability to meet the delivery schedule specified in the Statement of WorkThe Government shall evaluate the offeror's technical quote using the ratings and description in Table 1 to determine whether the quote is acceptable or unacceptable.Table-1. Technical Acceptable/Unacceptable RatingsRating DescriptionAcceptable Quote clearly meets the minimum requirements of the solicitation.Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.(2) Past PerformanceThe Government will evaluate past performance of 3 current or previous contracts for relevancy (within the last 3 years) based on how well the contractor performed on contracts of similar dollar value, scope, and complexity. Offerors submitting past performance information shall include the following information: 1) Contract Number; 2) Brief Description of the Effort; 3) Award Amount; 4) Period of Performance; 5) Reference contact name, title, telephone number, and/or email. The absence of past performance data will be rated neither favorably nor unfavorably; the offeror shall be determined to have unknown past performance. Offerors are advised that the Government may use past performance information obtained from centralized past performance databases and sources other than those identified by the offeror and the information obtained may be used for both the responsibility determination and the best value decision.Past Performance shall be evaluated using the ratings and descriptions in Table 2.Table 2. Past Performance Evaluation RatingsRating DescriptionAcceptable Based on the offeror's performance record, theGovernment has a reasonable expectation thatthe offeror will successfully perform therequired effort, or the offeror's performancerecord is unknown.Unacceptable Based on the offeror's performance record, theGovernment has no reasonable expectation thatthe offeror will be able to successfully performthe required effort.If an offer receives a rating of Unacceptable in any of the evaluation criteria, it will be ineligible for award. Award will be made to the offeror with the lowest price whose quote is Acceptable. (3) Price Proposal: The offeror shall submit an original and one copy of the completed priced schedule. If the proposal is submitted electronically, additional copies are not required. The price proposal shall be separate from any other portion of the proposal. The offeror shall propose a firm fixed-price, FOB Destination, including delivery, installation, warranty, and training IAW the product specs and SOW. Contractor shall state warranty coverage. Price proposals shall remain valid for a period of 90 days from the date proposals are due. Price will be evaluated for fairness and reasonableness. Provisions and Clauses:The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR provisions and clauses may be viewed at www.acquisition.gov/far.Provisions:52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017)(a) Definition. "Internal confidentiality agreement or statement," "subcontract", and "subcontractor", as used in this provision, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).52.204-7 SYSTEM FOR AWARD MANAGEMENT (Oct 2016)52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)(a) Definitions. "Inverted domestic corporation" and "subsidiary" have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10). (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (c) Representation. The Offeror represents that- (1) It □ is, □ is not an inverted domestic corporation; and(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.(b) The Offeror represents that-(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JAN 2017)52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014)52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (JAN 2017)The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed at www.sam.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) tough (u) of this provision.52.225-2 BUY AMERICAN CERTIFICATE (MAY 2014)(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (b) Foreign End Products:LINE ITEM NO. COUNTRY OF ORIGIN______________ _______________________________ _______________________________ _________________[List as necessary] (c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End of provision)52.225-18 PLACE OF MANUFACTURE (MAR 2015)(a) Definitions. As used in this clause- "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-(1) FPSC 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.(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-(1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) o Outside the United States. 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATIONS (OCT 2015)(a) Definitions. As used in this provision- "Person"-(1) Means-(i) A natural person;(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and(2) Does not include a government or governmental entity that is not operating as a business enterprise."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)). (b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror- (1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if- (1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and (2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.(End of provision)52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):www.acquisition.gov/far (End of provision)Clauses:52.204-13 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017)52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JAN 2017)(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 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 (Oct 2015) (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 (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved].__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (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. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 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. _X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Nov 2016) 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 (Jan 2017) (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. 657 f). _X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (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 (Oct 2016) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). _X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). _X_ (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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 tough April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. __ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). __ (37)(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.) __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). __ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (41)(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. __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). __ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3._X_ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (49)(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. __ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (51) 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). __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). __ (62)(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 2015). __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (11) 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 teshold, 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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 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. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xiii) 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). (xiv) 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). (xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 tough April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 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. (xxiii) 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)52.225-11 BUY AMERICAN-SUPPLIES (MAY 2014)(a) Definitions. As used in this clause- "Commercially available off-the-shelf (COTS) item"- (1) Means any item of supply (including construction material) that is-(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. "Component" means an article, material, or supply incorporated directly into an end product."Cost of components" means-(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product."Domestic end product" means-(1) An unmanufactured end product mined or produced in the United States;(2) An end product manufactured in the United States, if-(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or(ii) The end product is a COTS item."End product" means those articles, materials, and supplies to be acquired under the contract for public use."Foreign end product" means an end product other than a domestic end product."United States" means the 50 States, the District of Columbia, and outlying areas.(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for an end product that is a COTS item (See 12.505(a)(1)). (c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."(End of clause)52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS CONTRACTORS (DEC 2013)52.233-1 DISPUTES (May 2014)52.233-2 SERVICE OF PROTEST (SEPT 2006)(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Deborah W. Worrells, Contracting Officer, 1301 Airport Road, Beaver, WV, 25813, email Worrells.Deborah@dol.gov. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(End of provision)52.233-3 PROTEST AFTER AWARD (AUG 1996)(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stop-page. Upon receipt of the final decision in the protest, the Contracting Officer shall either- (1) Cancel the stop-work order; or(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.(f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government. (End of clause)52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)United States law will apply to resolve any claim of breach of this contract.(End of clause)\52.247-35 FOB DESTINATION, WITHIN CONSIGNEE'S PREMISES (APR 1984)52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):www.acquisition.gov/far (End of clause)The following agency clauses are applicable to this acquisition and are incorporated herein:Agency ClausesINVOICING PROCEDURES:DOL 2014-01 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS CLAUSE (FEBRUARY 2014)(a) Definitions. As used in this clause-(1) Contract financing payment has the meaning given in FAR 32.001.(2) Invoice payment has the meaning given in FAR 32.001.(3) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.(b) Electronic Payment Requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this clause, and therefore no additional electronic invoice submission is required.(c) Data Transmission. A contractor must ensure that the data transmission method and format comply with the following provisions:(1) The contractor shall:a. Address the invoice to the appropriate e-mail address specified in the contract.b. Submit the invoice via attachment in PDF or TIFF format.c. Submit only one invoice per electronic submittal. d. Enter specific information in the subject line of the e-mail in the following format:<Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount>Example: ABC Co, OASAM, DOL00-00-X0000/X0000, Invoice Number AB-1298433, $15,000.00.e. Submit a copy of the email with the attached invoice to the contracting officer's representative (COR) at the COR email address specified in the contract.f. Before sending another e-mail with the same invoice attachment, confirm whether DOL has already responded and/or whether you have received a success or failure response to your submission.(2) The contractor MUST NOT:a. Submit an invoice that exceeds the size limit of 16 megabytes (approximately 400-500 pages). However, if the invoice exceed this limit, a summary invoice attachment of less than 16 megabytes should be e-mailed to the payment e-mail address above; while the detailed invoice, including any supplemental information, shall be sent to the COR or other representative at the address.b. Submit an invoice that is heavy in shading or color.1. An e-mailed PDF image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible.2. An emailed TIFF image must be black and white.c. Submit more than one attachment, as subsequent attachments will not be recognized.d. Submit more than one invoice in a single attachment.e. Attempt to use the "Recall or Resend" email message feature.(d) General Information. Payment due dates will be calculated only from the date that invoices are received in the electronic invoicing e-mail box and determined to be proper invoices.Inquiries regarding invoices should be e-mailed to InvoiceInquiries.msh@dol.gov. The relevant invoice must be attached to the inquiry e-mail and the subject line of the e-mail must state "INQUIRY," followed by the information described in paragraph (1) d. above.Example: INQUIRY: <Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount>Do NOT use the electronic invoicing e-mail address for inquiries about the invoice.(e) Invoice requirements. Invoices shall comply with FAR 32.905.(f) Exceptions. Paper invoices should only be faxed or mailed tough U.S. mail when electronic mail cannot be accomplished.When invoices must be faxed due to e-mail size limitations, fax them to: 303-231-5597.When paper invoices must be mailed due to e-mail size limitations, mail them to the following address: U.S. Department of LaborOffice of Financial Management Operations, DFCPO Box 25367Denver, CO 80225DOL 2012-02 DOL'S CONTRACTOR'S OBLIGATION TO NOTIFY THE CONTRACTING OFFICER OF A REQUEST TO CHANGE THE CONTRACT SCOPE (a) Except for changes identified in writing and signed by the Contracting Officer, the Contractor is required to notify, within five working days of receipt or knowledge, any request for changes to this contract (including actions, inactions, and written or oral communications) that the Contractor regards as exceeding the scope of the contract. On the basis of the most accurate information available to the Contractor, the notice shall state:(1) The date, nature, and circumstances of the conduct regarded as a change in scope;(2) The name, function, and activity of each Government individual and Contractor official or employee involved in, or knowledgeable about, such conduct;(3) The identification of any documents and substance of any oral communication involved in such conduct;(b) Following submission of this notice, the Contractor shall continue performance in accordance with the contract terms and conditions, unless notified otherwise by the Contracting Officer.(c) The Contracting Officer shall promptly, within 5 business days after receipt of notice from the Contractor, respond to the notice in writing. In responding, the Contracting Officer shall either:(1) Confirm that the Contractor's notice identifies a change in the scope of the contract and directs the Contractor to stop work, completely or in part, in accordance with the Stop Work provisions of the contract; (2) Deny that the Contractor's notice identifies a change in scope and instruct the Contractor to continue performance under the contract; or(3) In the event the Contractor's notice does not provide sufficient information to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.PRICE/COST SCHEDULE001 Laboratory Emissions Bench,Installation, Warranty & TrainingIAW the SOW & Product Specs 1 EA @ _________________MSHA Approval and Certification Center Diesel Laboratory Statement of WorkPART 1The MSHA Approval and Certification Center (A&CC) Triadelphia, WV, is seeking proposals for a Laboratory Emissions Bench for the analysis of raw gas emissions from diesel engines tested according to the requirements of 30 CFR, Part 7 Subpart E (Diesel Engines Intended for Use in Underground Coal Mines).OBJECTIVES: Obtain Laboratory Emissions Bench for testing the raw gas emissions (CO, CO2, NO/NOX and CH4) from diesel engines for purposes of approval of said engines for underground mine use, QA testing, and technical support of agency mission. Provider of emissions bench will install and train lab personnel in the operation and maintenance of the equipment, and provide all necessary documentation for same.SCOPE: The Contractor shall provide a Laboratory Emissions Bench for the analysis of raw gas emissions from diesel engines tested according to the requirements of 30 CFR, Part 7 Subpart E (Diesel Engines Intended for Use in Underground Coal Mines) to the MSHA A&CC Diesel Laboratory.Contractor will install unit on-site and train lab personnel in its operation and maintenance. Contractor will supply all needed supplies for installation purposes and all needed supplies for its initial operation period, save calibration/span gasses.The Laboratory Emissions Bench will meet or exceed the specifications found in the 30 CFR, Part 7, Subpart E, section §7.86 Test equipment and specifications:https://www.ecfr.gov/cgi-bin/text-idx?SID=ca54db9e1d39480a81dc3533f56a66cb&mc=true&node=sp30.1.7.e&rgn=div6#se30.1.7_186.Detailed Specifications document should also be consulted, which is included as an attachment to the solicitation.Analyzers for the measured exhaust gasses must have the following ranges, with multiple intermediate range settings within the limits below:CO2 = 0-15%CO = 0-4000ppmNO/NOx = 0-2000ppmCH4 = 0-2%Exceptions or deviations from the requirements in the regulation may be accepted, upon review, if they are found to provide performance exceeding the regulatory requirements. These exceptions must be detailed in the bids received so that they may be reviewed in advance of contract award.PERIOD OF PERFORMANCE: Delivery shall occur no later than 9 months after receipt of order (ARO). Installation and training shall be completed within one (1) month after delivery.QUALITY CONTROL: N/ARECOGNIZED HOLIDAYS: The Contractor is not required to perform services on the following holidays:New Year's Day Labor DayMartin Luther King Jr.'s Birthday Columbus DayPresident's Day Veteran's DayMemorial Day Thanksgiving DayIndependence Day Cistmas DayHOURS OF OPERATION: The Contractor is responsible for delivery of the emissions bench during normal business hours of A&CC.PLACE OF PERFORMANCE: The delivery under this contract will be delivered to MSHA Approval and Certification Center, 765 Technology Drive, Triadelphia, WV.TYPE OF CONTRACT: The Government contemplates award of a Firm Fixed Price (FFP) contract.SPECIAL QUALIFICATIONS: The contractor warrants that qualified for delivery Laboratory Emissions Bench, its installation and for a standard period once in operation. The contractor shall conform to all required safety regulations for the County, State, and the Federal Government.CONTRACTING OFFICER REPRESENTATIVE: The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.EMPLOYEE CONDUCT: Contractor employees shall present a professional appearance at all times and their conduct shall not reflect discredit upon the United States and or the Department of Labor.Removing Employees for Misconduct or Security Reasons: The Government may, at its sole discretion, direct the contractor to remove any contractor employee from U.S. Department of labor facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any Contract awarded. The Contracting Officer will provide the contractor with a written explanation to support any request to remove an employee.Conflict of Interest: The contractor shall not employ any person who is an employee of the United States Government if that employment would appear to cause a conflict of interest.POINTS OF CONTACT/COORDINATORSContracting OfficerU.S. Department of LaborMine Safety & Health Administration1301 Airport RoadBeaver, West Virginia 25813(304) 256-3538PART 2DEFINITIONS & ACRONYMSCO - Contracting OfficerCOR - Contracting Officer's Representative: A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractorDefective Service - A service output that does not meet the standard of performance associated with it in the Statement of Work.DOL - Department of LaborFAR - Federal Acquisition RegulationMSHA - Mine Safety and Health AdministrationPOP - Period of PerformanceQuality Control - Those actions taken by a contractor to control the performance of services so that they meet the requirements of the SOW.Quality Assurance - Those actions taken by the government to assure services meet the requirements of the Statement of Work.SF - Standard FormSOW - Statement of WorkPART 3GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICESGOVERNMENT FURNISHED ITEMS AND SERVICEKnowledgeable MSHA personnel will be made available to direct the contractor to the MSHA A&CC Diesel Laboratory for delivery, installation (providing limited assistance and guidance if needed). Laboratory personnel will be made available for training purposes in its operation and maintenance.PART 4CONTRACTOR FURNISHED ITEMS AND SERVICESContractor will deliver Laboratory Emissions Bench, provide equipment and services necessary for its installation in the diesel laboratory, and provide training to MSHA personnel in the operation and maintenance of the equipment.PART 5SPECIFIC TASKSThe following is the set of tasks required under this Contract.1. Laboratory Emissions Bench that meet or exceed MSHA regulatory testing requirements.2. Delivery to MSHA A&CC Diesel Laboratory.3. Install Emissions Bench in MSHA A&CC Diesel Laboratory with minimal assistance from lab personnel.4. Provide training in operation and maintenance of Laboratory Emissions Bench.5. Provide any necessary training materials and manuals.AUTHORITYOnly the contracting officer has the authority to modify the contract, authorize changes in funding, or add additional funds for expenditure under a contract. Should the contractor question charges or instructions under this task order, the contractor will bring these issues to the contracting officer for resolution. All issues brought to the attention of the contracting officer must be presented in writing via a memorandum or e-mail.REGULATIONSThe contractor shall perform the services as set forth in the statement of work and in accordance with all applicable laws and regulations. The contractor warrants that he will have obtained all licenses and permits required by law to engage in the activities that are required in connection with the statement of work.**SEE ATTACHED PRODUCT SPECIFICATIONS FOR FURTHER DETAILS AND PHOTOS OF CURRENT EQUIPMENT**
1645BC-17-R-00003 Department of Labor Mine Safety and Health Administration
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