Instruction_to_Offerors.pdf

Acquisition Management Division 201 12th St South

Mine Safety and Health Administration Arlington, VA 22202

Instruction to Offerors

Closing Date & Time: As shown in FEDBIZZOPS Solicitation No.: 1645DC-19-R-0062 Issuing Office: Mine Safety and Health Administration, Acquisition Management Division (MSHA), 201 12th St South, Arlington, VA 22202 Submission Instructions: All responsible sources must submit a proposal electronically via e-mail directly to the Contract

Specialist by the established due date indicated below. All questions must be submitted in writing via e-mail directly to the Contract Specialist and by the due date and time indicated below.

REQUIREMENT

The Mine Safety and Health Administration (MSHA) is issuing this competitive solicitation In accordance with Federal Acquisition Regulation (FAR) Subpart 13 – Simplifies Acquisition Procedures, the MSHA is hereby issuing a combined synopsis/solicitation for removal, disposal and replacement of an existing generator. If you are interested in this acquisition, you may participate by submitting your response in accordance with the following instructions.

Offerors are required to submit a proposal to Government officials but must provide enough information for the purposes of assuring that the prospective Contractor is fully cognizant of the scope of this contract and has the capability to deliver all requirements.

ORDER TYPE

The order type will be a firm fixed-price type order.

INSTRUCTIONS

1. Each proposal shall be clearly marked with the solicitation number (1645DC-19-R-0062) and the offeror’s name.

2. Offerors are required to submit their proposals electronically via e-mail.

3. Quotations shall contain numbered pages.

4. The offeror shall provide detailed, itemized pricing within each CLIN’s total price that includes the offerors labor rates and hours

(if used), each individual item’s price by manufacturer part number and the offeror’s part number (if applicable), a description of the item, units, unit prices, subtotals for each item, and subtotals for each CLIN.

5. Offerors must identify any discounts offered.

QUESTIONS

Any questions or concerns regarding any aspect of this PROPOSAL shall be forwarded to the Contract Specialist, Marvin Ross via e-mail at ross.marvin@dol.gov by March 22, 2019; 3:00PM ET, so that they can be addressed prior to the submission of your proposal.

Questions with the Government’s responses will be posted to FEDBIDOPPS. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective Offerors.

SUBMISSION REQUIREMENTS

Offerors shall submit proposals electronically via e-mail on or before the PROPOSAL closing date of April 3, 2017: 1:00PM ET.

Data shall be compatible with Microsoft Vista and Microsoft Office Suite 2007. The minimum font is Times New Roman, 11 point, or equivalent, excluding graphics and tables which may use a font size smaller. Proposals will be printed in grayscale.

mailto:ross.marvin@dol.gov

Offerors are notified that proposals not received by the date and time specified in this RFP will not be considered.

The proposal shall be clearly marked with the solicitation number, the offeror’s name, address, DUNS code, cage code, and point of contact information (name, title, phone number, and e-mail address).

BASIS OF AWARD AND EVALUATION CRITERIA

Basis of Award This award will be made to a responsible vendor, on a lowest price technically acceptable (LPTA) basis. A single award will be made to the LPTA offeror. In order to be considered technically acceptable, offerors must:

• Must meet all requirements of the SOW.

In the event that two or more vendors offer the same pricing, preference will be given to the vendor with the more favorable delivery capabilities.

DELIVERY FOR PRODUCTS/EQUIPMENT

Delivery required within 9 months of contract award to:

Approval & Certification Center 765 Technology Drive Triadelphia, WV 26059

PROPOSAL FORMAT & CLIN SCHEDULE

The proposal MUST contain the formatting below with all blank columns filled as part of the proposal:

CLIN

No. Description

Period of Performance

(POP)

Number of Units

Unit Price

CLIN

Subtotal

Provide material and equipment for removal, disposal and replacement of existing generator in accordance with the attached Statement of Work (SOW) 9 months after contract award 1

PERIOD OF PERFORMANCE REQUIREMENTS

Delivery of all products must be made within (9) months of contract award.

PROVISIONS AND CLAUSES.

FAR PROVISIONS

Instructions to Offerors-Commercial Items (Oct 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified.

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697- 2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

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 athttp://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.

http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2025_7.html#wp1077997 http://www.treasury.gov/ofac/downloads/t11sdn.pdf https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169071 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169193 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169584 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1184786

52.209-7 Information Regarding Responsibility Matters (JUL 2013)

(a) Definitions. As used in this provision-

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means-

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

FAR CLAUSES

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): http://www.acquisition.gov/far/

Clause Number Title Date 52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fee MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government SEPT 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Recession, and Recovery of Funds for Illegal or Improper Activity MAY 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010 52.204-2 Security Requirements AUG 1996 52.204-7 System for Award Management JUL 2013 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors, Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.219-14 Limitations on Subcontracting NOV 2011 52.222-1 Notice to the Government of Labor Disputes FEB 1997

52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.223-6 Drug-free Workplace MAY 2001 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement DEC 2007

52.227-14 Rights in Data – General MAY 2014 52.227-17 Rights in Data-Special Works DEC 2007 52.232-1 Payments APR 1984 52.232-9 Limitation on Withholding of Payments APR 1984

52.232-23 Assignment of Claims MAY 2014 52.232-25 Prompt Payment JUL 2013 52.232-33 Payment by Electronic Funds Transfer—System for Award Management JUL 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Changes- Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items OCT 2015 https://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 http://www.acquisition.gov/far/

DEPARTMENT OF LABOR (DOL) PROVISIONS AND CLAUSES

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS –

REPRESENTATION (MARCH 2015)

(a) In accordance with Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, 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.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, 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.

DOL 2012-01 ORGANIZATIONAL CONFLICT OF INTEREST CLAUSE - OCI-1 EXCLUSION FROM FUTURE AGENCY CONTRACTS

(DECEMBER 2012)

This clause supplements the FAR provisions on organizational conflicts of interest, located at FAR subpart 9.500 and should be read in conjunction with these provisions. To the extent there is any inconsistency or confusion between the two provisions, the FAR provision controls.

(a) Work under this contract may create a future organizational conflict of interest (OCI) that could prohibit the Contractor from competing for, or being awarded, future Government contracts.

The following examples illustrate situations in which organizational conflicts of interest may arise. They are not all inclusive, but will be used by the Contracting Officer as general guidance in individual contract situations:

(1) Unequal Access to Information. The performance of this contract may provide access to “nonpublic information,” which could provide the contractor an unfair competitive advantage in later solicitations or competitions for other DOL contracts. Such an advantage could be perceived as unfair by a competing vendor who is not given similar access to the same nonpublic information that is related to the future procurement action. If you, as a contractor, in performing this contract, obtain nonpublic information that is relevant to a future procurement action, you may be required to submit and negotiate an acceptable mitigation plan prior to being deemed eligible to compete on the future action. Alternatively, the “nonpublic information” may be provided to all offerors.

(2) Biased Ground Rules. Your contract with DOL may have, in some fashion, established important “ground rules” for another DOL procurement in which you may desire to be a competitor. For example, this contract may involve you drafting the statement of work, specifications, or evaluation criteria for a future DOL procurement. The primary concern, in any such situation, is that any such firm could skew the competition, whether intentionally or not, or be perceived as having skewed the competition, in its own favor. If the requirements of this DOL contract anticipate the contractor may be placed in a position to establish important ground rules, including but not limited to those described herein, the contractor may be precluded from competing in the related action or, if possible, may be required to submit and negotiate an acceptable mitigation plan.

(3) Impaired Objectivity. The performance of this contract may result in the contractor being placed in a situation where it is able, or required, to provide assessment and evaluation findings concerning itself, another business division, a subsidiary or affiliate, or other entity with which it has a significant financial relationship. The concern in this case is that the contractor’s ability to render impartial advice to DOL could appear to be undermined by the contractor’s financial or other business relationship to the entity whose work product is being assessed or evaluated. In these situations, a “walling off” of lines of communication between entities or divisions may be acceptable, but it also may not be sufficient to remove the perception that the objectivity of the contractor has been tainted. If the requirements of the DOL procurement indicate that a contractor may be placed in a position to provide evaluations and assessments of itself or other entities with which it has a significant financial relationship, the affected contractor should notify DOL immediately. The contractor may also be required to provide a mitigation plan that includes recusal by the contractor from one of the affected contracts. Such recusal might include divestiture of the work to a third party.

(b) In order to prevent a future OCI of any kind, the Contractor shall be subject to the following restrictions:

(1) The Contractor may be excluded from competition for, or award of, any government contracts as to which, in the course of performing another contract, the Contractor has received nonpublic and competitively relevant information before such information has been made generally available to other persons or firms.

(2) The Contractor may be excluded from competition for, or award of, any government contract for which the contractor actually assisted or participated in the development of specifications or statements of work.

(3) The Contractor may be excluded from competition for or award of, any government contract which calls for it to evaluate itself, any affiliate, or any products or services produced or performed thereby.

(4) The Contractor may be excluded from competition for, or award of, any government contract calling for the production or performance of any product or service for which the Contractor participated in the development of requirements or definitions pursuant to another contract.

(c) This clause shall not exclude the Contractor from performing work under any modification to this contract or from competing for award of any future contract for work that is the same or similar to work performed under this contract, so long as the conditions above are not present. This clause does not prohibit an incumbent from competing on a follow-on competition but the Contracting Officer may require a mitigation plan or other steps as needed to ensure that there has not been an unequal access to nonpublic competitively sensitive information.

(d) The term “contractor” as used in this clause, includes any person, firm or corporation that owns or controls, or is owned or controlled by, the contractor. The term also includes the corporate officers of the contractor.

(e) The agency may in its sole discretion, waive any provisions of this clause if deemed in the best interest of the Government. The exclusions contained in this clause shall apply for the duration of this contract and for three (3) years after completion and acceptance of all work performed hereunder, or such other period as the Contracting Officer shall direct.

(f) If any provision of this clause excludes the Contractor from competition for, or award of any contract, the Contractor shall not be permitted to serve as a subcontractor, at any tier, on such contract. This clause shall be incorporated into any subcontracts or consultant agreements awarded under this contract unless the Contracting Officer determines otherwise.

(End of Clause)

DOL 2012-02 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.

(End of clause)

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (MARCH 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with 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.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

Internet Protocol Version 6 (IPv6) Clause (May 2015)

(a) Any system or product that includes: hardware, software, firmware, and/or networked components including but not limited to voice, video, or data that is developed, procured, or acquired in support and/or performance of this requirement shall be capable of transmitting, receiving, processing, or forwarding digital information across system boundaries that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program.

(b) This IPv6 capable system or product shall maintain interoperability with IPv4 systems and provide the same level of performance and reliability capabilities of IPv4 systems.

(c) This IPv6 capable system or product shall have available IPv4 and IPv6 technical support for development, implementation, and troubleshooting of the system.

(d) This IPv6 capable system or product can be upgraded, or the vendor will provide an appropriate migration path for industry-required changes to IPv6 as the technology evolves, at no additional cost to the Government.

(e) This IPv6 capable system or product must be able to operate on networks supporting IPv4 & IPv6, as well as networks that support both.

(f) Any system or product whose IPv6 non-compliance is discovered and made known to the vendor/contractor within 12 months of the start of performance shall be upgraded, modified, replaced, or brought in to compliance at no additional cost to the Federal Government.

DOL 2014-03 SECTION 508 - (JUNE 2014)

Section 508 of the Rehabilitation Act, as amended in 1998 by Public Law 105-220 (the Workforce Investment Act), applies to Federal Agencies and the Contractors acting in support of the Agency. The Contractor is required to provide Section 508 systems and components when Federal agencies develop, procure, maintain, or use Electronic and Information Technology (EIT). The contractor shall ensure that its system and components allow federal employees and members of the public with disabilities to access and use of information and data that is comparable to the access afforded Federal employees and members of the public who are not individuals with disabilities. The term electronic and information technology includes, but is not limited to, computers, printers, software applications, telecommunications products (such as telephones), information kiosks and transaction machines, Internet/Intranet sites, multimedia, and office equipment such as copiers and fax machines. For all EIT procured, maintained, developed or used at DOL to include electronic documents, software, websites and webpages created or maintained by the Contractor, in order to meet Section 508 accessibility requirements, the Contractor shall:

1. Provide summary narrative text descriptions or a data tables describing each complex graphic (e.g., pie graphs, line graphs, maps, bar graphs, flow charts) in a separate comma-separated values/character separated values (CSV) file.

2. Label each figure or graphic image with an alternate text description.

3. Contracted vendor support staffs producing EIT deliverables must have a working knowledge of Section 508 and performing Quality Assurance Testing for Section 508; must include this information for the individuals proposed on the contract.

4. Contractors are responsible for having updated authoring and testing tools to produce Section 508 output on their own; the Government will not provide these tools.

5. Unless otherwise stated in the specification of the Contract, two digital copies of any report over 25 pages shall be delivered in media formats readable by Windows-based programs; one copy shall be formatted in Microsoft Word and the second shall be in the Portable Document Format (PDF). Color and/or black white PDFs are acceptable. Unless permitted by the specifications, reports shall not be submitted in HTML format.

Additional information about accessibility standards related to Section 508 may be found at http://section508.gov/. The Section 508 Standards provide the minimum Government requirements. Additional information on creating accessible .pdf files is available at http://www.section508.gov/docs/pdfguidanceforgovernment.pdf.

DOL 2014-01 Electronic Submission of Payment Requests Clause (Feb 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:

Procedures: An original invoice shall be prepared and submitted to the Department of Labor (DOL) by email to: DOL- MSHA@quickpay.dol.gov Electronic PDF/TIFF Invoice Submittal: In an effort to support the eCommerce initiative and expedite vendor payment processing, the DOL requires invoices to be submitted electronically.

(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>, MSHA, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount> Example: ABC Co, MSHA, 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:

http://www.section508.gov/docs/pdfguidanceforgovernment.pdf https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838 https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838 mailto:DOL-MSHA@quickpay.dol.gov mailto:DOL-MSHA@quickpay.dol.gov

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 MSHAInvoiceInquires@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>, MSHA, <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: MSHA Finance, PO Box 25367, DFC, Denver, CO 80225-0367

ATTACHMENTS

1. Attachment I – Statement of Work mailto:InvoiceInquiriesXXX@dol.gov https://www.acquisition.gov/far/current/html/Subpart%2032_9.html#wp1032997