1645BC-19-R-00009.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1645-OTS-19-NAT-0093

US Department of Labor

1301 Airport Rd

Beaver WV 25813

MSHA BECKLEY

Mindy Smith (304) 256-3537

1x 06/11/2019

1645BC-19-R-00009

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

This is a total set aside for Service-Disabled Veteran-Owned Small Businesses.

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

14 365 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10

07/02/2019

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

US Department of Labor 1301 Airport Rd

Beaver WV 25813

MSHA BECKLEY

Deborah W. Worrells

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 48

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1645BC-19-R-00009

THIS IS A SOLICITATION FOR REPOINTING/REBUILDING

THE B-1 CHILLER WALL AT THE MINE SAFETY AND

HEALTH ADMINISTRATION, APPROVAL AND CERTIFICATION

CENTER LOCATED IN TRIADELPHIA, WV.

IN ACCORDANCE WITH FAR 36.204, DISCLOSURE OF THE

MAGNITUDE OF CONSTRUCTION PROJECTS, THE ESTIMATED

VALUE WILL BE BETWEEN $25,000 AND $100,000.

PLEASE REVIEW 52.236-27 Site Visit

(Construction). (FEB 1995) - Alternate I FOR

INFORMATION RELATING TO A SITE VISIT SCHEDULED

FOR JUNE 17, 2019 AT 8:00 AM (EST).

AN ORDER RESULTING FROM THIS SOLICITATION IS NOT

GUARANTEED. THE GOVERNMENT WILL NOT REIMBURSE

OFFERORS FOR ANY EXPENSE IN PREPARING THE

PROPOSAL FOR THIS PROJECT.

PLEASE CAREFULLY REVIEW SECTION L-INSTRUCTIONS,

CONDITIONS, AND NOTICES TO BIDDERS FOR SUBMISSION

REQUIREMENTS AND SECTION M - EVALUATION FACTORS

FOR AWARD (PAGES 40-48).

Delivery: 04/19/2019

Delivery Location Code: MSHA WV TRIDELPHIA

US DEPARTMENT OF LABOR

APPROVAL AND CERTIFICATION CENTER

765 TECHNOLOGY DRIVE

ATTN: D. PAWLOSKI, P. CARENBAUER

TRIADELPHIA WV 26059 USA

0001 Building 1 Chiller Masonry Wall Repointing & Fall

Hazard Elimination Project at A&CC in accordance with the Statement of Work.

Product/Service Code: Z2AA

MINDY SMITH, SMITH.MINDY@DOL.GOV

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

B - Supplies or Services/Prices Clauses

C - Description/Specifications Clauses

D - Packaging and Marking Clauses

E - Inspection and Acceptance Clauses

F - Deliveries or Performance Clauses

G - Contract Administration Data Clauses

H - Special Contract Requirements Wage Determinations

I - Contract Clauses Clauses

J - List of Documents, Exhibits and Other Attachments List of Documents, Exhibits, and Other Attachments Clauses

K - Representations, Certifications, and Other Statements of Bidders Clauses

L - Instructions,Conditions, and Notices to Bidders Clauses

M - Evaluation Factors for Award Clauses

B - Supplies or Services/Prices

Clauses

C - Description/Specifications

Clauses

Mine Safety & Health Administration Approval and Certification Center

765 Technology Drive Triadelphia, WV 26059

Repointing/Rebuilding the B-1 Chiller Wall and Eliminate Fall Hazard

PART 1

1.1 BACKGROUND

The Mine Safety and Health Administration’s Approval and Certification Center located in Triadelphia, WV performs technical functions in support of MSHA's programs where engineering, scientific, and technical expertise is provided to other Agency project areas.

1.2 OBJECTIVES

The objective of this procurement is to have the B-1 chiller wall masonry repointed and the wall rebuilt in such a way to eliminate any fall hazard and be OSHA compliant.

1.3 SCOPE

• Saw cut, demo and remove 19' x 7' concrete slab and haul to dump.

• Relocate displace gravel along wall in area of work until pe1manent wall is in place.

• Tear down existing face block 2 to 3 courses below grade and lay new 8" x 8" x 16" cement block to finish wall height.

• Lay 8” cement block and 4” x 8” x 8” face brick to allow all wall heights to be OSHA fall hazard compliant.

• Place control joint approx. every 13' apart on new wall.

• All mortar joints will be cut out at a minimum depth of ¾" to 2".

• All joints will be cleaned before tuck pointing is done.

• The East & West wall comers will be tied into the North wall via masonry step downs.

• All wall heights will be OSHA compliant at a minimum 42" above grade, as it pertains to fall hazards.

• All walls will be capped with pre-cast concrete 2-1/4" x 13-1/2" x random lengths and joints filled with caulking.

• All precast caps will have drip edge cut in underside of stone and will be set with a slope for runoff of water to drip edge.

• 3 of existing walls will have 2 rows of existing masonry removed before placing new precast caps.

• All walls old and new (both sides) will be pressure washed down using Sure Kleen 600.

• #57 river gravel will be placed back along new wall.

• Face block and colored mortar will be picked from samples provided to management.

• Replace concrete slab using 4,000psi, with #57 gravel and #3 rebar on 2' center squares. 7' x 19' x 5" to be poured and finished.

Existing concrete to be drilled and pinned using rebar to tie into new concrete.

• Apply masonry sealer to entire block surfaces (both sides of all walls), mortar joints, and concrete surfaces.

1.4 SPECIAL QUALIFICATIONS

The Contractor warrants/guarantees that they will have obtained all training, licenses and permits required by law to engage in the activities that are required in connection with the Statement of Work. The Contractor shall conform to all required safety regulations for the County, State, and the Federal Government.

1.5 PERIOD OF PERFORMANCE

The period of performance will be completed within the twelve month period from date of award of this contract. This is a one-time purchase.

All work must be scheduled to complete within this timeframe. The Contractor shall keep a record of inclement weather delaying work on the project. Any modifications or extensions due to inclement weather will be requested through the Contracting Officer’s Representative (COR) and approved by the Contracting Officer.

1.6 RECOGNIZED HOLIDAYS

The Contractor is not required to perform routine maintenance services on the following holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.7 HOURS OF OPERATION

All work that is NOT disruptive to the Center’s operation can be done between the hours of 7:30 a.m. and 4 p.m. or if an alternate schedule is approved by the government, Monday through Friday, except for Federal Government Holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. Work that is disruptive to the Center’s operation will need to be scheduled with the COR and on-site facilities Contractor for non-business hours.

The Contractor will in the performance of this requirement immediately notify the COR or the MSHA Point of Contact if the time and/or service obligations of this contract cannot be met due to inclement weather, civil disturbances, equipment failure, illness, etc.

MSHA recognizes the obligation of the Contractor to provide for the safety and well-being of personnel engaged in providing services under this contact. The Contractor shall notify the MSHA COR or other Point of Contact no later than 9:00 a.m. on the day the services were scheduled to be provided if any circumstances prevent timely performance.

1.8 RESPONSE TIME

In the event of a failure during the warranty period, the Contractor shall respond within twenty-four (24) hours of receipt of the initial call by the COR or other MSHA designated employee.

1.9 PLACE OF PERFORMANCE

The work to be performed under this contract will be at the Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059 Building I rear.

1.10 SECURITY REQUIREMENTS

Contractor staffs are required to conform to MSHA's security and privacy requirements as described below.

Identification Badge. Contractor employees visiting Government facilities shall wear an identification badge provided by the government. Visiting Contractor employees shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

Employee Conduct. Contractor employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, uniforms, and possession of weapons) when visiting or working at Government facilities. The Contractor shall ensure Contractor employees present a professional appearance at all times and that their appearance/conduct shall not reflect discredit on the United States, the Department of Labor or MSHA.

Removing Employees for Misconduct or Security Reasons. The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from MSHA facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any Task Order awarded under this contract. The Contracting Officer (CO) will provide the Contractor with a written explanation to support any request to remove an employee.

Privacy: Portions of information disclosed during the performance of this task are protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this Contract are required to take proper precautions to protect the information from disclosure.

Commitment to Protect Sensitive Information: The Contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records).

1.11 SAFETY REQUIREMENTS

The Contractor shall ensure that safety requirements are followed at all times and must adhere to all MSHA, OSHA, and facility safety requirements.

All work shall be performed in a safe and professional manner. If work is not performed safely and professionally, the COR shall have the authority to stop work immediately. This does not in any way affect the U.S. Government’s right to terminate the contract for default or convenience in accordance with the applicable provisions of the contract. This also does not relieve the Contractor from performing the obligations of this contract once safe conditions are achieved and agreed to.

1.12 CONTRACTING OFFICER REPRESENTATIVE

The Contracting Officer Representative (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.

The Contractor shall in the performance of this requirement immediately notify the COR or the MSHA Point of Contact if the time and/or service obligations of this contract cannot be met due to inclement weather, civil disturbances, equipment failure, illness, etc.

MSHA recognizes the obligation of the Contractor to provide for the safety and well-being of personnel engaged in providing services under this contract. The Contractor shall notify the MSHA COR or other MSHA designated point of contact no later than 9:00 a.m.

on the day the services were scheduled to be provided if any circumstances prevent timely performance.

1.13 TYPE OF CONTRACT

The Government anticipates awarding a firm-fixed price.

1.14 QUALITY CONTROL

The Contractor shall develop and maintain an effective quality control program to ensure the project is performed/delivered in accordance with this SOW. The Contractor’s quality control program is the means by which they assure themselves that their work complies with the requirement of the contract. The Government reserves the right to inspect work at any time during the project.

1.15 INSPECTION AND ACCEPTANCE

For this project, the acceptance of all tasks will reside with the Contracting Officer’s Representative (COR) in accordance with the contract. The selected Contractor must ensure it has adequate resources for completing the SOW.

Once all project tasks have been completed, the project will enter the completion stage. During this stage of the project, the Contractor will provide their project completion report to the Contracting Officer’s Representative (COR) requesting, in writing, a final inspection. The COR will make an inspection within 10 days of receipt of request. The approval of this documentation by the COR will acknowledge acceptance of all project deliverables and that the Contractor has met all assigned tasks.

PART 2

DEFINITIONS & ACRONYMS

CO – Contracting Officer

COR - 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 Contractor

Defective Service - A service output that does not meet the standard of performance associated with it in the Statement of Work.

DOL - Department of Labor

FAR – Federal Acquisition Regulation

MSHA – Mine Safety and Health Administration

POP – Period of Performance

Quality 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 Form

SOW – Statement of Work

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.0 GOVERNMENT FURNISHED ITEMS AND SERVICES

Knowledgeable MSHA personnel will be made available to direct the Contractor to the locations of the work area and answer questions regarding the facility. The Government will furnish the electricity for power tools.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.0 CONTRACTOR FURNISHED ITEMS AND SERVICES

Contractor shall furnish labor, supervision, parts, materials, and incidental supplies to perform the tasks listed in Part 5 of this Statement of Work. The Contractor shall provide trained trades people with appropriate tools, testing equipment and safety equipment (including, but not limited to, Lockout/Tagout, rail blocks, floor/jack stands, scaffolding, confined space safety/rescue, hearing/sight/hand/foot/head/body/breathing PPE) for scheduled construction, maintenance, repairs, safety inspections, safety testing as required by this contract. Cleanup is to be achieved, every work day, to a broom swept condition. Any and all spoils/debris that are a result of this contract, are to be recycled/disposed of offsite, in an environmentally safe and responsible manner at the contractor’s expense.

The 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 they will have obtained all licenses and permits required by law to engage in the activities that are required in connection with this Statement of Work.

PART 5

TASKS

5.0 TASKS

During the course of this contract, the following tasks shall be performed:

· Saw cut, demo and remove 19' x 7' concrete slab and haul to dump.

· Relocate displace gravel along wall in area of work until pe1manent wall is in place.

· Tear down existing face block 2 to 3 courses below grade and lay new 8" x 8" x 16" cement block to finish wall height.

· Lay 8” cement block and 4” x 8” x 8” face brick to allow all wall heights to be OSHA fall hazard compliant.

· Place control joint approx. every 13' apart on new wall.

· All mortar joints will be cut out at a minimum depth of ¾" to 2".

· All joints will be cleaned before tuck pointing is done.

· The East & West wall corners will be tied into the North wall via masonry step downs.

· All wall heights will be OSHA compliant at a minimum 42" above grade, as it pertains to fall hazards.

· All walls will be capped with pre-cast concrete 2-1/4" x 13-1/2" x random lengths and joints filled with caulking.

· All precast caps will have drip edge cut in underside of stone and will be set with a slope for runoff of water to drip edge.

· 3 of existing walls will have 2 rows of existing masonry removed before placing new precast caps.

· All walls old and new (both sides) will be pressure washed down using Sure Kleen 600.

· #57 river gravel will be placed back along new wall.

· Face block and colored mortar will be picked from samples provided to management.

Replace concrete slab using 4,000psi, with #57 gravel and #3 rebar on 2' center squares. 7' x 19' x 5" to be poured and finished. Existing concrete to be drilled and pinned using rebar to tie into new concrete.

Apply masonry sealer to entire block surfaces (both sides of all walls), mortar joints, and concrete surfaces.

Cleanup and hauling of all spoils offsite.

5.1 CLEANUP, DEBRIS REMOVAL & RESTORATION OF SITE

Upon completion of the project, the Contractor shall remove and properly dispose of all debris offsite. Landscaping shall be restored to its original condition, repairing any area disturbed during construction. The Contractor shall leave the work area in a clean, neat, and orderly condition to be inspected/approved by the COR.

5.2 WARRANTY

The Contractor will provide a warranty of no cracking of new mortar or block/brick and no leaching of effervescence of minerals through existing cracks. This warranty will include materials and workmanship, for a period of one year. The vendor shall provide a document outlining the warranty coverage, recommended upkeep and maintenance of their work.

5.4 DELIVERABLES SCHEDULE

Deliverable Description Time Format Pre-Construction Conference Attend pre-construction teleconference and provide the draft Work Breakdown Structure, schedule, and materials list, as well as any other applicable documents before construction begins.

Within 2 weeks after contract award

Teleconference

Schedule Schedule a timeline for completing the projects under this contract.

Within 3 weeks after contract award

Electronically by e-mail in Microsoft Office or Adobe format.

Certified Payroll Payroll records in strict accordance with Davis- Bacon and related Acts.

Weekly Electronically by e-mail in Adobe format.

Standards/Warranties Standards for upkeep and routine maintenance and warranties of materials and workmanship.

Upon completion of project Electronically by e-mail in Microsoft Office or Adobe format.

D - Packaging and Marking

Clauses

E - Inspection and Acceptance

Clauses

52.236-5 Material and Workmanship. (APR 1984)

52.246-12 Inspection of Construction. (AUG 1996)

52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996)

F - Deliveries or Performance

Clauses

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within (14 days or a mutually agreeable number of days) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

52.211-12 Liquidated Damages - Construction. (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $250.00 for each calendar day of delay for each separate part or stage of the work until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.211-13 Time Extensions. (SEP 2000)

52.242-15 Stop-Work Order. (AUG 1989)

G - Contract Administration Data

Clauses

DOL 2014-01 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS CLAUSE (FEBRUARY 2014)

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 through U.S. mail when electronic mail cannot be accomplished.

When invoices must be faxed due to e-mail size limitations, fax them to: MSHA Finance at 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 Labor

MSHA Finance

PO Box 25367, DFC

Denver, CO 80225-0367

(End of clause)

ADDENDUM TO DOL 2014-01 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS CLAUSE

(FEBRUARY 2014)

Invoices shall be submitted to DOL-MSHA@quickpay.dol.gov with a carbon copy to Smith.Mindy@dol.gov and Diegmiller.David@dol.gov.

Submission of the final invoice must include the following Release of Claims in order to be processed for payment.

RELEASE OF CLAIMS

The undersigned contractor, pursuant to the terms of Contract No. DOL___________________________ between the United States of America and said contractor for NAME OF REQUIREMENT located at ADDRESS OF LOCATION WHERE WORK IS TO BE DONE, hereby releases the United States from any and all claims arising under or by virtue of said contract or any modification or change thereof except as follows:

(Here list any claims against the Government and the amount thereof. If none, so state.)

mailto:InvoiceInquiries.msh@dol.gov

Witness the signature and seal of the undersigned this ___________ day of _________________.

CONTRACTOR: NOTARY PUBLIC:

(Print or Type) (Print or Type) SEAL

(Signature) (Signature)

(Address) (Official Title)

H - Special Contract Requirements

Wage Determinations

I - Contract Clauses

Clauses

52.202-1 Definitions. (NOV 2013)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-7 Anti-Kickback Procedures. (MAY 2014)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2018)

52.204-22 Alternative Line Item Proposal. (JAN 2017)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

52.213-4 Terms and Conditions - Simplified Acquisitions (Other Than Commercial Items). (JAN 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 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)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

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

(v) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vi) 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).

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

(viii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017)

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (JAN 2019).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (Pub. L.

109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

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

1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 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): [Insert one or more Internet addresses]

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

52.219-14 Limitations on Subcontracting. (JAN 2017)

52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [insert NAICS Code] assigned to contract number [insert contract number]. (Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.222-3 Convict Labor. (JUN 2003)

52.222-6 Construction Wage Rate Requirements. (MAY 2014)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (MAY 2014)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (MAY 2014)

52.222-12 Contract Termination - Debarment. (MAY 2014)

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000. (MAY 2014)

52.222-21 Prohibition of segregated facilities. (APR 2015)

52.222-26 Equal Opportunity. (SEP 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60- 741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.222-50 Combating Trafficking in Persons. (JAN 2019)

52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015)

52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2017)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace.