RFP_2015-N-16901.pdf

PAGES

15A. NAME

AND

ADDRESS

OF

OFFEROR

SEC. PAGE(S) SEC. PAGE(S)

(Date) (Hour)

CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated:

(Type or Print)

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

PAGE OF

1 55

2. CONTRACT NO.

3. SOLICITATION NO.

2015-N-16901

4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

5. DATE ISSUED

04/22/2015

6. REQUISITION/PURCHASE

NO.

000HCCMD-2015-80239

7. ISSUED BY CODE 436 8. ADDRESS OFFER TO (If other than Item 7)

Centers for Disease Control and Prevention PGO Office of Acquisition Services - Branch 4 626 Cochrans Mill Road Pittsburgh PA 15236-0070

Same as Item 7

Approved as to Form and Legality: _____________________________

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

SOLICITATION

9. Sealed offers in original and four(4) copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in CDC OAS Br 4 626 Cochrans Mill Road B-140 2nd Floor until 3:30PM local time 05/22/2015

CAUTION -- LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME

John J. Carolan

B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER: EXT:

(412) 386-6430

C. E-MAIL ADDRESS

JCarolan@CDC.GOV

11. TABLE OF CONTENTS

(x) DESCRIPTION (x) DESCRIPTION

PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 26

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 3 X J LIST OF ATTACHMENTS 35

X D PACKAGING AND MARKING 7 PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 9 REPRESENTATIONS, CERTIFICATIONS, AND

X F DELIVERIES OR PERFORMANCE 10 X K OTHER STATEMENTS OF OFFERORS 36

X G CONTRACT ADMINISTRATION DATA 13 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 40

X H SPECIAL CONTRACT REQUIREMENTS 19 X M EVALUATION FACTORS FOR AWARD 52

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52-232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

AMENDMENT NO. DATE AMENDMENT NO. DATE

CODE FACILITY 16. NAME AND ADDRESS OF PERSON AUTHORIZED TO SIGN OFFER

15B. TELEPHONE NO.

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE

18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 436 25. PAYMENT WILL BE MADE BY CODE 434

Centers for Disease Control and Prevention PGO Office of Acquisition Services - Branch 4 626 Cochrans Mill Rosd

Financial Management Office - P O Box 15580

Atlanta GA 30333

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT -- Award will be made on this form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

PREVIOUS EDITION IS UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.214©

K

Section B - Supplies Or Services And Prices/Costs

ITEM

SUPPLIES / SERVICES

QTY / UNIT

UNIT PRICE

EXTENDED PRICE

Canopy Air Curtain to Reduce Respirable

Coal Mine Dust Exposure for Shuttle Car

Operators in Accordance with the

Enclosed Statement of Work

1 Each

Total Firm Fixed Price

B.1 Type of Contract (Apr 1984)

This is a firm-fixed-price contract.

Section C - Description/Specification/Work Statement

Canopy Air Curtain to Reduce Respirable Coal Mine Dust Exposure for Shuttle Car Operators

Background

Coal Workers’ Pneumoconiosis (CWP) or Black Lung is caused by the inhalation of respirable coal dust. This is a disabling and potentially fatal disease which has no cure. Therefore, to prevent the occurrence of CWP, worker over-exposure to respirable coal dust must be eliminated. Coal mine operators implement engineering controls as the primary means of limiting airborne respirable dust levels and worker exposures. Since 1970, the Mine Safety and

Health Administration (MSHA) and mine operators have been required to collect respirable dust samples to demonstrate compliance with the applicable dust standard.

In April 2014, MSHA announced a new dust rule aimed at better protecting coal miners’ health. The new rule became effective on August 1, 2014 and implemented multiple changes to the required sampling program that will improve the protection afforded to mine workers. In addition, on August 1, 2016 the rule reduces the federal permissible exposure limit (PEL) for respirable dust from 2.0 to 1.5 mg/m3, which will challenge mine operators’ ability to maintain compliance for high-risk occupations (typically equipment operators).

A review of past field study results show that underground shuttle car operator is an occupation that can have high respirable dust exposures, especially on mining sections that use blowing face ventilation systems. Data collected by OMSHR researchers shows that shuttle car operator dust exposures averaged 1.96 mg/m3 during the first 20 feet of extended cuts and 2.32 mg/m3 during the last 20 feet of these cuts [Potts et al 2011]. Also, elevated dust concentrations may be occurring on blowing faces during tramming because the haulage path often routes through return air.

Objective

Past research has demonstrated that canopy air curtain technology has successfully reduced respirable dust levels for continuous miner operators [Krisko 1975; Engel et al 1987] and roof bolter operators [Listak and Beck 2012]. The air curtain technology captures a portion of the mine air, passes this air through a filter, and blows the filtered air over the equipment operator from a canopy-mounted plenum. NIOSH is seeking proposals for reducing respirable dust exposures to underground shuttle car operators through development of an innovative canopy air curtain design that can be implemented on shuttle cars. This design may be based upon past successful canopy air curtain research along with new innovations and must be rugged/durable to withstand an underground mine environment. The technology used in this design must meet MSHA approval for safe use in underground coal mines. The canopy air curtain design must not hinder shuttle car operator performance. Success of the shuttle car canopy air curtain will be determined by its ability to reduce the shuttle car operator’s respirable coal dust exposure by at least 60% in laboratory studies. Significant reductions in dust levels must be achieved in the underground mine studies.

Reductions in the shuttle car operator’s dust exposure while operating the shuttle car must range between 50 - 75 % of the reduction percentage achieved in the laboratory tests.

Scope of Work

The contractor shall design, fabricate, and demonstrate a canopy air curtain system for shuttle cars that will reduce the operators’ respirable dust exposure. This control intervention must be integrated into the working space of the shuttle car and must not hinder operator performance. Nor should it hinder the performance specifications of the shuttle car. The canopy air curtain system should be integrated such that the components will be protected from damage during operation of the shuttle car. This protection should include preventing damage from coal being loaded or unloaded from the shuttle car and damage from contact with material from roof and rib of the underground coal mine at all times including during tramming. Additionally, the canopy air curtain design and components must be designed to be intrinsically safe. Ultimately the canopy air curtain system must be able to receive MSHA approval for operation in underground coal mines.

The canopy air curtain design must be effective during all phases of the shuttle car operation, including loading at the face, tramming between the face and the feeder/breaker, and dumping at the feeder/breaker. Additionally, the system effectiveness must be maintained at higher relative air velocities (tramming speed plus entry ventilation air velocity) that will challenge the discharge air from the canopy-mounted plenum. The magnitude of these higher velocities will be determined through data collection conducted as part of this proposal. It is expected that this proposal will be completed in three phases:

1) Determine the critical factors (entry airflow velocities, relative air velocities at operator’s cab, cab dimensions, shuttle car dimensions etc.) that will influence the design of the canopy air curtain.

a. Contact original equipment manufacturers to identify the two most commonly used shuttle car models and obtain design specifications for these models.

b. Contact MSHA to identify mining mechanized units (MMUs) that are using blowing ventilation and obtain data on relevant operating parameters that will impact the canopy air curtain design.

i. Select at least ten MMUs in at least three different MSHA districts for data collection.

ii. If necessary, visit MSHA district offices in these districts to collect data.

c. Detailed Progress Report #1 –summarization and analysis of data gathered from shuttle car OEM and MSHA MMUs using blowing face ventilation. [End of month (EOM) 3].

d. Identify two mine sites that are representative of common test parameters (shuttle car models and mining conditions) and that are willing to cooperate in the testing of a canopy air curtain on their shuttle cars.

e. Visit these two mine sites to obtain mine-specific information to ensure that the proposed canopy air curtain can be retrofitted onto the mine shuttle cars. NIOSH COR and representatives may attend visits.

f. Complete phase 1 report summarizing results of data collection activities, mine site visits, and identifying critical design criteria that will be used to guide phase 2. [EOM 6]

2) Design and build a canopy air curtain system that will successfully protect a shuttle car operator from respirable dust exposure during the entire operation of the shuttle car. The air curtain system must have retrofit capabilities such that it can be installed on the two most common shuttle cars models and can be adapted to other models with minor modifications.

a. Design must fit into shuttle car design, be rugged/durable to withstand mining environment, and not hinder operator’s performance.

b. Design must include a mechanism to direct clean airflow into the operator’s breathing zone when changing travel direction.

c. Design must preserve downward canopy airflow in high air velocity conditions which may occur when tramming.

d. Design must follow guidelines to meet MSHA approval.

e. Detailed Progress Report #2 –summarization and analysis of activities completed since completion of Phase 1. [EOM 9].

f. Conduct preliminary testing to ensure proper operation of shuttle car canopy air curtain

i. Test components of shuttle car canopy air curtain.

ii. Measure airflow velocities underneath canopy air curtain plenum.

iii. Conduct smoke testing to ensure proper airflow patterns underneath canopy air curtain.

iv. Supply results of airflow measurements (report) and smoke testing (video recording) to

NIOSH for review.

g. Final Design Report –summarization and analysis of activities completed to design and construct shuttle car canopy air curtain. Report to include design criteria and specifications, as-built drawings, and preliminary test results. [EOM 12].

h. Shuttle car canopy air curtain delivered to NIOSH OMSHR Pittsburgh Research Lab for laboratory testing.

i. Conduct laboratory testing to ensure the design will reduce a shuttle car operator’s dust exposure by a minimum of 60% in common operating conditions determined from Phase 1 data.

i. Laboratory testing may be conducted at NIOSH facilities (continuous miner gallery).

ii. Awardee to provide troubleshooting expertise to ensure proper operation of CAC.

iii. If laboratory tests are conducted at NIOSH’s continuous miner gallery then NIOSH assistance will consist of:

1. Development of laboratory test protocol for testing shuttle car canopy air curtain.

2. Conduct testing to determine respirable dust reduction efficiency.

3. Analyze data and develop report of results.

4. Canopy air curtain determined successful if laboratory testing demonstrates the ability to reduce the shuttle car operator’s respirable coal dust exposure by a minimum of 60%.

j. Detailed Progress Report #3 –summarization and analysis of laboratory testing results and revisions completed as a result of laboratory testing. Include design criteria and specifications and as-built drawings. [EOM 17].

k. Redesign shuttle car canopy air curtain if laboratory tests do not demonstrate the ability of the canopy air curtain to meet the stated performance criteria and conduct additional lab tests to demonstrate a successful design for mine-site testing.

l. Install canopy air curtain on shuttle car at mine site.

m. Conduct preliminary testing to ensure proper operation of shuttle car canopy air curtain.

i. Measure airflow velocities underneath canopy air curtain plenum.

ii. Conduct smoke testing, if possible, to ensure proper airflow patterns underneath canopy air curtain.

iii. Supply results of airflow measurements (report) and smoke testing (video recording) to

NIOSH for review.

n. Detailed Progress Report #4 –summarization and analysis of additional laboratory testing, if completed. Include summary of installation of canopy air curtain on shuttle car at coal mine site and results of preliminary testing completed before formal underground testing commences. [EOM

20].

o. Develop test protocol for field testing. Protocol will be reviewed and approved by NIOSH OMSHR prior to commencing testing.

p. Field test system on shuttle cars at two operating underground mines to determine the level of protection the newly designed canopy air curtain provides to shuttle car operators under different operating conditions.

i. Awardee to obtain access to mine sites with room and pillar mines using blowing face ventilation techniques.

1. Conduct testing.

2. Provide troubleshooting assistance with shuttle car CAC.

ii. NIOSH assistance will consist of -

1. Review and approval of selected mine sites and field test protocol.

2. Provide respirable dust measurement equipment to conduct the field studies.

a. Instantaneous sampling, pDR-1000.

b. Gravimetric sampling, Escort ELF pump calibrated to 2.0 Lpm, 37mm filter, 10 mm Dorr-Oliver cyclone, tygon tubing.

i. Calibration of supplied instruments.

ii. Pre-weighing and post-weighing of filters.

3. Provide oversight of testing during each mine survey.

iii. Canopy air curtain determined successful if mine-site testing demonstrates the ability to significantly reduce the shuttle car operator’s respirable coal dust exposure as described earlier. If field tests do not demonstrate the ability of the canopy air curtain to meet the stated performance criteria then :

1. Report findings to NIOSH

2. Consult with NIOSH, troubleshoot and identify possible solutions

3. Consult with NIOSH, mine personnel and make modifications (if practical)

4. Conduct additional field tests

q. Final report of lab and field tests completed and submitted to NIOSH.[EOM24]

i. Demonstrate canopy air curtain success for lab and field tests.

ii. Include as-built drawings of canopy air curtain.

1. Components.

2. System as installed in shuttle car.

3) Develop system specifications and installation guidelines for successful shuttle car canopy air curtain designs that can be incorporated into the OEM design of new shuttle cars and retrofitted onto existing shuttle cars.

a. Develop a set of plans/drawings and specifications for successful shuttle car canopy air curtains.

i. Include plans/drawings for each of the common shuttle car models identified in Phase 1.

b. Identify performance specifications for critical system components (fan/blower, filter, plenum, hoses, etc.).

c. Detailed Progress Report #5 –summarization and analysis of work completed to develop plans/drawings for each common shuttle car type identified in Phase 1. Include performance specifications for critical system components. [EOM 27].

d. Incorporate all information into a final report guidance document submitted to NIOSH.

i. Include as-built drawings of canopy air curtain designs and specifications.

e. A complete canopy air curtain system from the most successful design will be provided to NIOSH.

i. Final shuttle car canopy air curtain components delivered to NIOSH OMSHR Pittsburgh

Research Lab. Including (but not limited to) plenum, fan/blower, connection components, filters, etc.

Successful development and implementation of this canopy air curtain system will offer a higher level of protection to the shuttle car operators from over-exposure to respirable dust.

Place of performance

Contractor shall perform: 1) all design, fabrication, and preliminary testing at the contractor’s facility, 2) full-scale lab testing at NIOSH’s dust gallery in Pittsburgh, PA, and 3) mine-site testing at two cooperating underground coal mines. It may be necessary for the contractor to visit MSHA district office to collect data on mining parameters.

Schedule

Phase 1 completion - 06 months after contract award date.

Phase 2 completion -24 months after contract award date.

Phase 3 completion -30 months after contract award date.

Time

It is expected that each phase would be completed consecutively and the entire project would be completed in thirty

(30) months.

Reports

Monthly progress reports will be required. These may be submitted through an e-mail summarizing the past months activities. Detailed progress reports require formal reporting, summarizing all events since the last detailed progress reports. Additionally, test protocols, and final reports will be required. Detailed progress reports and additional progress reports may have requirements associated with them and will be milestones for the projects. Test protocols for the mine inspection field studies, shuttle car canopy air curtain lab study, and shuttle car canopy air curtain field study will be required prior to testing. A mine report of the field study results will be required for each mine site visited. Final reports are required for Phase 1, design report including design criteria/specs and as-built drawings, and lab and field canopy air curtain study results; along with a final project report summarizing all work completed during the contract.

References:

Engel, MR, Johnson, DF, and Raether, TD, [1987] “Improved Canopy Air Curtain Systems.” USBM Contract

Report JO318014, (Washington D.C.: US Dept of Interior, Bureau of Mines/Donaldson Company, Inc.)

Krisko, WJ, [1975] “Develop and Test Canopy Air Curtain Devices.” USBM Contract Report HO232067, (Pittsburgh, PA: US Dept of Interior, Bureau of Mines/Donaldson Company, Inc.)

Listak JM, Beck TW [2012]. Development of a canopy air curtain to reduce roof bolters’ dust exposure. Mining

Engineering, 64(7):72-79.

Potts, JD, Reed, WR, and Colinet, JF. [2011] “Evaluation of face dust concentrations at mines using deep-cutting practices.” DHHS (NIOSH) Publication No. 2011-131, Report of Investigations 9680 (Pittsburgh, PA: U.S.

Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health) 1-94.

Section D - Packaging And Marking

D.1 Marking Requirements (May 1998)

The contractor must mark/stencil all shipping containers with the following information:

The Contract Number From Page One (1) of the Contract

If material is hazardous chemical, include in Description of Contents.

(End of Clause)

D.2 Place of Delivery (May 1998)

Deliveries shall be made, F.O.B. Destination to the following address:

National Institute for Occupational Safety and Health - Pittsburgh

Office of Mine Safety and Health Research

626 Cochrans Mill Road - Building No. 166 Receiving Room

Mark Attention To: TBD

Contract No.: TBD

See also Section F – Deliveries or Performance

Section E - Inspection And Acceptance

FAR SOURCE TITLE AND DATE

52.246-16 Responsibility for Supplies (Apr 1984)

52.246-7 Inspection of Research and Development -- Fixed-Price (Aug. 1996)

E.1 Inspection and Acceptance (Jul 1999)

Inspection and acceptance of the articles, services, and documentation called for herein shall be accomplished by the

Contracting Officer, or his duly authorized representative (who for the purposes of this contract shall be the Project

Officer) at the destination of the articles, services or documentation.

Section F - Deliveries Or Performance

52.242-15 Stop-Work Order (Aug 1989)

F.1 Place of Performance

The Contractor shall perform all work under this contract at the contractor’s facility or facilities secured by the contractor

F.2 Period of Performance

The effective date of this contract shall be the date shown on Page 1 of this contract. The anticipated term of the contract, including time allowed for draft approval and submission of the approved final report, is thirty (30) months after the effective date of the contract. No options for increased quantities or periods apply to this contract.

F.3 Deliverable(s) Schedule

The Contractor shall deliver, within the time frames specified and the format specified to the Contracting Officer

Representative at the address shown in F.5 and to the Contract Specialist administering the contract at the address shown in F.4.

F.4 Deliverable Documentation

(a) Documentation

The following is a list of required documentation to be delivered to the Government as a part of contract performance.

(1) Monthly Technical Report

(i) Due Date: On or before fifteen (15) days after the end of the reporting period throughout the contract performance period.

(ii) Quantity: Two (2) copies in Word .doc file electronic format to be provided by electronic mail to the NIOSH Contracting Officer Representative and the CDC Contract Specialist.

(2) Detailed Progress Reports and Phase / Design / Field Testing Final Reports

(i) Due Date: On or before three (3), six (6), nine (9), twelve (12), seventeen (17), twenty (20), twenty-four (24), and twenty-seven (27) months after the effective date of the contract.

(ii) Quantity: Two (2) copies in Word .doc file electronic format to be provided by electronic mail to the NIOSH Contracting Officer Representative and the CDC Contract Specialist.

(3) Draft Final Report

(i) Due Date: On or before twenty (28) months after the effective date of the contract.

(ii) Quantity: Two (2) electronic copies provided to the NIOSH Contracting Officer

Representative in Word .doc file electronic format provided by electronic mail and the CDC

Contract Specialist.

(4) Final Report

(i) Due Date: On or before thirty (30) months after the effective date of the contract.

(ii) Quantity: Two (2) electronic copies provided to the NIOSH Contracting Officer

Representative in Word .doc file electronic format provided by electronic mail and the CDC

Contract Specialist.

(b) Report Content

(1) Monthly Technical Report

The Contractor shall prepare and present Monthly Technical Reports copies in Word .doc file electronic format. The Contractor shall prepare and submit monthly technical progress reports in narrative form which shall contain technical results of the work accomplished during the reporting period. This report shall be in sufficient detail to disclose all work started and results achieved during the reporting period, an indication of any current problems which may impede performance, the proposed corrective action, and the work forecast for the next period. This document shall report progress and planning so as to correspond with the work schedule contained in any approved program plan.

(2) Detailed Progress Reports and Phase / Design / Field Testing Final Reports

Detailed progress reports will summarize all the activities occurring in the preceding time period. Reports will include a summary list of activities toward the scheduled tasks with major findings, conclusions, problems, and solutions. The Contractor shall prepare and present Detailed progress reports copies in Word

.doc file electronic format. The Contractor shall prepare and submit detailed progress reports in narrative form which shall contain technical results of the work accomplished during the reporting period. This report shall be in sufficient detail to disclose all work started and results achieved during the reporting period. This document shall report progress and results so as to correspond with the work schedule contained in any approved program plan. The Contractor shall prepare and submit to NIOSH the Detailed Progress Reports and Phase /

Design / Field Testing Final Reports as described in the statement of work.

(3) Draft Final Report

The Contractor shall prepare and submit Draft Final Report in Word .doc file electronic format. Upon completion of all work under the contract, the Contractor shall prepare and submit to the Government a final report covering in detail all the work accomplished under the contract. The final report shall document and summarize the entire contract work including all individual testing completed describing the individual test procedures along with results and outcomes of these tests and shall include recommendations and conclusions based on the experience and results obtained. Information from prior progress reports should be incorporated into this final report documenting tasks through a logical time progression throughout the project. This final report should be comprehensive such that repeatability of all testing accomplished throughout the project could be replicated. The final report shall include tables, graphs, photos, and diagrams in sufficient detail to comprehensively explain the results achieved under the contract. The report shall also include an analysis of salient findings, a presentation of general conclusions, and any guidance or recommendations deemed pertinent for future consideration by the National Institute for Occupational Safety and Health. The final report will also include as-built drawings of the successful shuttle car canopy air curtain and include all as-built drawings for installation of canopy air curtain for each shuttle car type identified in Phase 1. The Government shall be allowed thirty (30) days to review the draft and notify the Contractor in writing of approval or of recommended changes to be made in the final copy. If the Government does not approve or recommend changes within thirty

(30) days of receipt of the draft final report, the report shall be deemed approved. The final report shall also include a list of "Subject Inventions" or a certification of the absence thereof.

(4) Final Report

Within thirty (30) days of receipt of a notice of approval from the Contracting Officer, the Contractor shall furnish the Government with the required number of copies of the final report in final form. The final report in final form shall be prepared in accordance with the guidelines referenced under DRAFT FINAL

REPORT.

(5) Section 508 Compliance

This approval applies to deliverable (4) Final Report. These documents may be posted on an HHS website and therefore must meet the requirements described as follows:

Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) requires Federal agencies to purchase electronic and information technologies (EIT) that meet specific accessibility standards. This law helps to ensure that federal employees with disabilities have access to, and use of, the information and data they need to do their jobs. Furthermore, this law ensures that members of the public with disabilities have the ability to access government information and services.

Regardless of format, all Web content or communications materials produced for publication on or delivery via HHS Web sites - including text, audio or video - must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. All contractors (including subcontractors) or consultants responsible for preparing or posting content intended for use on an HHS-funded or HHS-managed Web site must comply with applicable Section 508 accessibility standards, and where applicable, those set forth in the referenced policy or standards documents below. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the SOW or PWS, shall be the responsibility of the contractor or consultant retained to produce the Web-suitable content or communications material. This applies to all electronic document deliverables in this SOW.

The applicable standards for this SOW are 36 CFR 1194.22. Acceptance checklists for various formats are available at http://www.hhs.gov/web/508/.

(c) Reporting Period

All monthly reporting periods shall end on the last day of a calendar month.

(1) For contracts awarded (i.e., effective date) on or before the fifteenth (15th) of a calendar month, the initial reporting period shall end on the last day of the calendar month during which the contract became effective.

(2) For contracts awarded (i.e., effective date) on or after the sixteenth (16th) of a calendar month, the initial reporting period shall end on the last day of the month immediately following the month during which the contract became effective.

(d) Delivery of Reports

The Contractor shall submit one copy of each of the reports as an email attachment in draft and/or final form as required by the contract:

Attention: TBD

All remaining copies of deliverables/reports shall be delivered as an email attachment, as required by the contract to the Government Contracting Officer Representative designated by the Contracting Officer.

http://www.hhs.gov/web/508/

F.5 Report Delivery

Reports shall be delivered in accordance with the instructions in F.3. Items designated for delivery to the

Contracting Officer Representative shall be addressed as follows:

NIOSH – Office of Mines Safety and Health Research, 626 Cochrans Mill Road, Pittsburgh, PA 15236

Attn: TBD

F.6 Deliverable Equipment

(a) The following equipment is considered deliverable under this contract.

-Description: Shuttle car canopy air curtain delivered to NIOSH OMSHR Pittsburgh Research Lab for laboratory testing.

Quantity: One (1) Canopy Air Curtain System - Including But Not Limited to Plenum / Fan/Blower /

Connection Components / Filters / Etcetera.

Due Date: Month 13

-Description: Shuttle car canopy air curtain delivered and installed on shuttle car at underground coal mine site.

Connection Components / Filters / Etcetera. Installed on shuttle car at underground mine site

Due Date: Month 20.

-Description: Canopy air curtain to reduce respirable coal mine dust exposure for shuttle car operators. Upon successful completion of the contract, the canopy air curtain will become the property of NIOSH.

Connection Components / Filters / Etcetera.

Due Date: Thirty (30) months after the effective date of the contract .

(b) Marking of Equipment Shipments

The Contractor shall mark all equipment shipments under this contract for delivery as follows:

National Institute for Occupational Safety and Health

Office of Mine Safety and Health Research

Pittsburgh PA 15236

Mark Attention To: TBD

(c) Place of Delivery - Equipment

The article(s) to be furnished hereunder shall be delivered, all transportation charges paid by the Contractor to the address cited in (b). above in accordance with the clause of Section I entitled "F.O.B. Destination" (FAR

52.247-34).

Section G - Contract Administration Data

G.1 Payment by Electronic Funds Transfer (Dec 2005)

(a) The Government shall use electronic funds transfer to the maximum extent possible when making payments under this contract. FAR 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration, in

Section I, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments.

(b) In addition to Central Contractor Registration, the contractor shall make the designation by submitting the form titled “ACH Vendor/Miscellaneous Payment Enrollment Form” to the address indicated below. Note: The form is either attached to this contract (see Section J, List of Attachments) or may be obtained by contacting the Contracting

Officer or the CDC Financial Management Office at (404) 498-4050.

(c) In cases where the contractor has previously provided such designation, i.e., pursuant to a prior contract/order, and been enrolled in the program, the form is not required unless the designated financial institution has changed.

(d) The completed form shall be mailed after award, but no later than 14 calendar days before an invoice is submitted, to the following address:

The Centers for Disease Control and Prevention

Financial Management Office (FMO)

P.O. Box 15580

Atlanta, GA 30333

Or – Fax copy to: 404-638-5342

G.2 Invoice Submission - Part 1 (Mar 2006)

(a) The Contractor shall submit the original contract invoice/voucher to the shown below:

The Centers for Disease Control and Prevention

Financial Management Office (FMO)

P.O. Box 15580

Atlanta, GA 3033

Or – The Contractor may submit the original invoice/voucher via facsimile or email:

Fax: 404-638-5324

Email: FMOAPINV@CDC.GOV

NOTE: Submit to only one (1) of the above locations.

(b) The contractor shall submit 2 copies of the invoice/voucher to the cognizant contracting office previously identified in this contract. These invoices/voucher copies shall be addressed to the attention of the Contracting

Officer.

(c) The Contractor is , is not required to submit a copy of each invoice directly to the Project Officer concurrently with submission to the Contracting Officer.

(d) In accordance with 5 CFR part 1315 (Prompt Payment), CDC's Financial Management Office is the designated billing office for the purpose of determining the payment due date under FAR 32.904.

mailto:FMOAPINV@CDC.GOV

(e) The Contractor shall include (as a minimum) the following information on each invoice:

(1) Contractor’s Name & Address

(2) Contractor’s Tax Identification Number (TIN)

(3) Purchase Order/Contract Number and Task Order Number, if Appropriate

(4) Invoice Number

(5) Invoice Date

(6) Contract Line Item Number and Description of Item

(7) Quantity

(8) Unit Price & Extended Amount for each line item

(9) Shipping and Payment Terms

(10) Total Amount of Invoice

(11) Name, title and telephone number of person to be notified in the event of a defective invoice

(12) Payment Address, if different from the information in (c)(1).

(13) DUNS + 4 Number

G.3 Payments/Payment Schedule

The total of the work to be performed by the Contractor under this contract is firm fixed price at $ TBD . Subject to the provisions of the clause entitled "52.232-2 Payments under Fixed-Price Research and Development Contracts

(Apr 1984)” of Section I, payments shall be made in accordance with Section G.4 Vouchers for work accepted by the Government. All vouchers shall reflect itemized cumulative totals of billings to the date of that voucher.

G.4 Vouchers

Contract payments shall be made on a task or sub-task basis as work progresses in the following schedule of payments. Partial payment is authorized after the completion of each task or sub-task in accordance with the following schedule.

- Month 03 - Detailed Progress Report No. 1 - $TBD

- Month 06 - Phase 1 Final Report - $TBD

- Month 09 - Detailed Progress Report No. 2 - $TBD

- Month 12 – Final Design Report with Design Criteria/Specifications and As-Built Drawings - $TBD

- Month 13 – Delivery of Shuttle Car Canopy Air Curtain to NIOSH - Pittsburgh - $TBD

- Month 17 - Detailed Progress Report No. 3 with Revised As-Built Drawings and Delivery of Redesigned Shuttle

Car Canopy Air Curtain to NIOSH - Pittsburgh - $TBD

- Month 20 - Detailed Progress Report No. 4 Including Results of Preliminary Testing and Delivery of Shuttle Car

Canopy Air Curtain Installed at Underground Coal Mine Site - $TBD

- Month 23 - Progress Report / Monthly Technical Report - $TBD

- Month 24 - Field Report of Lab and Field Tests Demonstrating Successful Performance - $TBD

- Month 27 - Detailed Progress Report No. 5 - $TBD

- Month 30 - Final Report – All Inclusive and Final Shuttle Car Canopy Air Curtain Components - $TBD

G.5 Contracting Officer (Jul 1999)

(a) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.

(b) No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States

Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

G.6 Contracting Officer Representative Appointment and Authority

(a) The Contracting Officer Representative is-

TBD

NIOSH – Office of Mine Safety and Health Research

Pittsburgh PA 15236

(b) Performance of work under this contract must be subject to the technical direction of the Contracting Officer

Representative identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the specification(s)/work statement. The Contracting Officer

Technical Representative does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the specification(s)/statement of work;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(d) Technical direction may be oral or in writing. The Contracting Officer Technical Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer.

(e) The contractor shall proceed promptly with performance resulting from the technical direction issued by the

Contracting Officer Representative. If, in the opinion of the contractor, any direction of the Project Officer, or his/her designee, falls within the limitations in (c), above, the contractor shall immediately notify the Contracting

Officer no later than the beginning of the next Government work day.

(f) Failure of the contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

(End of clause)

G.7 Technical Monitoring (Jul 1999)

(a) Performance of the work under this contract shall be subject to the technical monitoring of the Contracting

Officer Representative (COR). The term “Technical Monitoring” is defined to include, without limitation, the following:

(1) Technical directions to the Contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish contractual scope of work.

(2) Providing information to the Contractor for assistance in the interpretation of drawings, specifications or technical portions of the work description.

(3) Review and, where required by the contract, approve of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract.

(b) Technical direction must be within the general scope of work stated in the contract. The COR does not have the authority to and may not issue any technical direction which (I) constitutes an assignment of additional work outside the general scope of the contract; (ii) constitutes a change as defined in the contract clause entitled

“Changes”; (iii) in any manner causes an increase or decrease in the total contract cost, the fixed fee or the time required for contract performance; or (iv) changes any of the express terms, conditions, or specifications of the contract.

(c) All technical directions shall be issued in writing by the COR or shall be confirmed by him/her in writing within five (5) working days after issuance.

(d) The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this article and within his/her authority under the provisions of this clause.

(e) If, in the opinion of the Contractor, any instruction or direction issued by the COR is within one of the categories as defined in (b)(3)(i) through (iv) above, the Contractor shall not proceed but shall notify the Contracting

Officer in writing within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in his/her opinion, the technical direction is within the scope of this clause and does not constitute a change under the

Changes clause of the contract. The Contractor shall thereupon proceed immediately with the direction given. A failure of the parties to agree upon the nature of the instructions or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract clause entitled “Disputes”.

G.8 CDC42.0002 Evaluation of Contractor Performance Utilizing CPARS (April 2013)

In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Past Performance Information Retrieval System (PPIRS). The CDC utilizes the

Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to prepare and report these contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR

15.304 where past performance is an evaluation factor.

The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations.

The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to: www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website.

The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor’s responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations.

[End of Clause]

G.9 Contract Communications/Correspondence (Jul 1999)

The Contractor shall identify all correspondence, reports, and other data pertinent to this contract by imprinting thereon the contract number from Page 1 of the contract.

http://www.cpars.gov/

Section H - Special Contract Requirements

H. 1 HHSAR 352.242-70 Key Personnel (January 2006)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request

(including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government.

H.2 Key Personnel Listing

Personnel Title

H.3 Research Records, Inspection and Consultation (Jul 1999)

(a) The Contractor agrees to maintain books, records, and supporting documentation in such detail as will properly reflect all work done and results achieved in the performance of this contract, and agrees to retain and preserve the same until three (3) years after final payment, together with all research notes, charts, graphs, comments, computations, analysis, and other graphic or written data generated in connection with performance hereunder and agrees to permit the Contracting Officer or his authorized representatives to examine and review the same at all reasonable times during said period.

(b) The Contracting Officer or any of his authorized representatives shall have the right to inspect the work of the

Contractor and subcontractors, if any, and the plant, laboratories, shops, offices, or other premises where the work is being performed, and the Contractor shall provide and shall require his subcontractors to provide all reasonable facilities and assistance for the safety and convenience of such representatives in the performance of their duties.

Personnel engaged in the performance of the contract shall be available at all reasonable times for consultation with such representatives. All inspections and review shall be performed in such a manner as will not unduly delay or interfere with the work.

H.4 Prohibition on the Use of Appropriated Funds for Lobbying Activities (Jul 1999)

The contractor is hereby notified of the restrictions on the use of Department of Health and Human Service's funding for lobbying of Federal, State and Local legislative bodies.

Section 1352 of Title 10, United Stated Code (Public Law 101-121, effective 12/23/89), among other things, prohibits a recipient (and their subcontractors) of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds (other than profits from a federal contract) to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions; the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement. For additional information of prohibitions against lobbying activities, see FAR Subpart 3.8 and FAR Clause 52.203-12.

In addition, the current Department of Health and Human Services Appropriations Act provides that no part of any appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support, or defeat legislation pending before the Congress, or any State or Local legislature except in presentation to the Congress, or any State or Local legislative body itself.

The current Department of Health and Human Services Appropriations Act also provides that no part of any appropriation contained in this Act shall be used to pay the salary or expenses of any contract or grant recipient, or agent acting for such recipient, related to any activity designed to influence legislation or…