A19 - 1605C4-26-R-00036 - Sol.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

1605C4-26-R-00036

US DEPARTMENT OF LABOR

APPROVAL AND CERTIFICATION CENTER

596 TECHNOLOGY DRIVE

ATTN: Stephen Velas Building 4

TRIADELPHIA WV 26059

US Department of Labor Customer Acquisition Services 200 Constitution Ave, NW S-4307 Washington DC 20210

US Department of Labor Customer Acquisition Services 200 Constitution Ave, NW S-4307 Washington DC 20210

09/23/2026 1100 ET

Michael Whiddon

(202) 693-1000 Ext 10509

CAS

CAS

Alicia M. Jackson

334516

1,000

09/16/2026

MSHA WV TRIDELPHIA

The Department of Labor (DOL) Office of the

Senior Procurement Executive, on behalf of the

Mine Safety and Health Administration (MSHA), has a need for the Replacement of a B-4 engine control system components , in accordance with

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

this Request for Quotation (RFP).

This RFP will result in a Firm Fixed Price

Delivery Order. The required delivery schedule will be within 210 Days After Receipt of Order

(ARO).

Please read the RFP in its entirety, including the instructions for submitting a quote.

0001 1 EAControl/data acquisition hardware - B-4 engine control system components

CLIN Type: Firm Fixed Price

Product/Service Code: 6620

0002 1 EAInstallation - B-4 engine control system components

CLIN Type: Firm Fixed Price

Product/Service Code: 6620

1 - Performance Work Statement 2 - Clauses 3 - Provisions 4 - Instructions to Contractors 5 - Evaluation Criteria

1 - Performance Work Statement

Performance Work Statement (PWS) For A&CC B-4 Engine Control System components replacement project

PART 1

General Information

1.1. Description of Services/Introduction:

The contractor shall provide and install all resources necessary to provide new Control / Data Acquisition Hardware including required signal conditioning modules, Pressure and Humidity Transducers, Current Controllers for existing dynamometers and Throttle Actuator with original equipment manufacturer (OEM) components for A&CC’s B-4 engine control system components including products and installation, including windows-based control system and data acquisition software.

1.2. Background:

The mission of the Mine Safety and Health Administration (MSHA) is to administer the provisions of the Federal Mine Safety and Health Act of 1977 (Mine Act), the Miner Act of 2006 and to enforce compliance with mandatory safety and health standards as a means to eliminate fatal accidents; to reduce the frequency and severity of nonfatal accidents; to minimize health hazards; and to promote improved safety and health conditions in the Nation’s mines.

As a regulatory organization, MSHA’s jurisdiction includes the Nation’s mining industry, which consists of coal, metal, and nonmetal mines, including both underground and surface operations.

Just as mining is essential to the American economy, a safe and healthy mining workforce is essential to the mining industry as a whole. The mining environment is inherently hazardous. Unseen geologic instabilities, constantly changing terrain, the prevalence of large and complex haulage and mining equipment are only a few of the factors that make maintaining mine safety a continuing challenge.

To meet this challenge and accomplish its mission of protecting the safety and health of the Nation’s miners, MSHA develops and enforces safety and health rules applying to all U.S. mines, fosters compliance, and makes available technical, educational, and other types of assistance. More specifically, MSHA conducts mine inspections; investigates mine accidents, fatalities, discrimination accusations, hazardous conditions complaints, and other potential violations; issues citations and collects financial penalties; develops improved safety and health standards and policies; evaluates and approves mine plans as well as some equipment and materials used in mines; provides mine emergency response capabilities; trains and certifies mine safety and health professionals; and develops and delivers education and training programs and materials.

MSHA’s Approval and Certification Center (A&CC), located in Triadelphia, West Virginia, consists of 96 acres of property and numerous buildings that house laboratories, offices, and storage. The A&CC approves and certifies certain mining products for use in underground coal and gassy underground metal mines. Technical experts evaluate and test equipment, instruments, and materials for compliance with Federal Regulations. Products evaluated and tested range from extremely small electronic devices to very large mining systems. Following successful completion of evaluation and testing of a product, a license is issued authorizing a manufacturer to produce and distribute products for use in mines. The MSHA approval issued by the Center is internationally recognized.

The Center performs other technical functions in support of MSHA's programs, including investigations of safety and health concerns relating to product approvals; litigation assistance on issues involving approved products; accident investigation assistance when an explosion, fire, injury or fatality involves or may involve approved equipment; identification of the need for technical solutions to problems in application of mining equipment, materials, and explosives; technical assistance in developing new or revised Federal standards and regulations; and research assistance to other Government agencies on research programs that directly relate to MSHA.

The Center also provides engineering support and technical assistance in the area of industrial safety.

1.3. Objectives:

This contract will require a vendor to provide all resources necessary to provide new components for A&CC’ s B-4 engine control system components to include products and installation.

1.4. Scope:

The vendor is to provide all resources to procure and install engine control system components. These components must be able to work with:

1x Eddy current dyno - 400HP (200 ABS) - AW ECB400 1x Eddy current dyno – 1,000HP (600 ABS) – AW ECB1000

Diesel Engines Max RPM – 4,000 Max HP – 850

These components should be able to work with the following devices (if possible):

Sierra BG-3 (particulate sampling) Sierra FuelTrak-1000 (fuel measurement) Horiba Mexa-one (gas analyzer) Horiba VIA-510 (methane analyzer) EdgeTech - Dew Prime I (dew point meter)

1.5. Period of Performance:

Work should be completed within 7 months due to manufacturer lead times for components to be received.

1.6. General Information

1.6.1. Quality Control:

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. As a minimum, the contractor shall develop quality control procedures that address the areas identified in Technical Exhibit 1, “Performance Requirements Summary”. After acceptance of the quality control plan, the contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to his Quality Control system. Quality Control Plan is to be delivered within 30 days after contract award or with the contractor’s proposal if it is an evaluation factor.

1.6.2. Quality Assurance:

The government shall evaluate the contractor’s performance under this contract action in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3. Government Remedies:

The Contracting Officer shall follow FAR 52.212-4, “Contract Terms.

1.6.4. Recognized Holidays:

The contractor is not to perform services on the below listed government holidays.

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

1.6.5. Hours of Operation:

The contractor is responsible for conducting performance between the hours of 8AM and 4PM Eastern Standard Time, Monday thru Friday, except Federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. If alternate days of the week or times of day are needed, then arrangements can be arranged with the onsite government representative. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this statement of work when the government facility is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.6. Place of Performance:

The equipment and installation services being procured will be at MSHA’s Approval & Certification Center’s Building 4 located at 596 Technology Drive, Triadelphia, WV 26059.

1.6.7. Type of Contract:

The government anticipates award of a firm-fixed price contract.

1.6.8. Security Requirements:

1.6.8.1. Physical Security.

The contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.8.2. Conservation of Utilities.

The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount of utilities and gases to accomplish their task(s).

1.6.9. Special Qualifications:

The contractor is responsible for ensuring all employees possess all required licenses, certifications, training, permits, equipment, and tools required in the execution of the services of this contract’s scope.

1.6.10. Post Award Conference:

The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officer’s Representative (COR), and other government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings, the Contracting Officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.11. Contracting Officer’s Representative:

The Contracting Officer Representative (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially about changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.6.12. Key Personnel:

The following personnel are considered key personnel by the government: Contract Manager and Alternate contract manager The contractor shall provide a contract manager/contact who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is unavailable shall be designated in writing to the Contracting Officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract action. The contract manager or alternate shall be available between 8:00 a.m. to 4:30 p.m. or when onsite work is being performed, Monday through Friday, except for federal holidays or when the government facility is closed for administrative reasons.

1.6.13. Identification of Contractor Employees:

All contract personnel working in situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. All contract personnel performing work onsite will be required to sign-in when starting their shift and sign-out when leaving the property. They will either need to sign in/out at the guardhouse or at Building 1 Receptionist area depending on the time of day. They will be provided a “Visitor” badge to be worn while on government property.

1.6.14. Organizational Conflict of Interest:

Contractor and subcontractor personnel performing work under this contract action may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests, as defined in FAR Subpart 9.5. The contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential Organizational Conflict of Interests and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such Organizational Conflict of Interests. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such Organizational Conflict of Interests cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the Organizational Conflict of Interests.

Part 2 Definition & Acronyms

Ante Meridian (AM). It is a Latin phrase that translates to "before midday" or "before noon."

Approval and Certification Center (A&CC). The requesting agency.

B-4. Building 4.

Center Operations Division (COD): COD is the group responsible for managing the facility.

Code of Federal Regulations (CFR). Codified compilation of all general and permanent rules and regulations published by executive departments and agencies of the U.S. federal government.

Contracting Officer’s Representative (COR). A representative from the requesting activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor.

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

Federal Acquisition Regulation (FAR). Primary set of rules governing the federal procurement process.

HP. Horsepower.

LFE. Laminar Flow Element.

Mine Safety and Health Administration (MSHA): Requesting agency.

Occupational Safety & Heath (OSHA). It is a federal regulatory agency within the U.S. Department of Labor tasked with ensuring safe and healthy working conditions for employees.

OMB Circular A-123 Revised, Management's Responsibility for Internal Control, December 2004

OMB Circular A-127, Financial Management Systems, July 23, 1993

OMB Circular A-130, Appendix III, Security of Federal Automated Information Resources

Performance Work Statement (PWS): This document describes work to be performed for this contract.

Post Meridian (PM). It is the Latin phrase post meridiem, meaning "after midday" or "after noon."

Preventative Maintenance (PM). Servicing of equipment to maintain its intended functionality.

PSI. Pounds per square inch.

Quality Assurance. Those actions taken by the government to ensure services meet the requirements of the PWS.

Quality Control. Contractor actions to ensure services comply with PWS requirements.

RPM. Revolutions per minute.

Title III of the E-Government Act of 2002 — Federal Information Security Management Act (FISMA)

The Privacy Act of 1974, PL 93-579, as amended.

Part 3 Government Furnished Property, Equipment, And Services

3.1 General:

The government will provide the facilities, equipment, materials, and/or services listed below.

3.2 Services:

N/A

3.3 Facilities:

The contract employee(s) will be provided with access to the campus where the work will be performed and access to restroom facilities in the building they are performing their services. The contract employees will be escorted while on government property.

3.3.1 Utilities:

The government will provide access to domestic water, electricity, and natural gas.

The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning. This also includes electricity, water, and natural gas.

Part 4 Contractor Furnished Items and Services

4.1 General:

Except for those items specifically stated to be government furnished in Part 3, the contractor shall furnish all other items/resources required to perform the services in this PWS.

Part 5 Specific Tasks

5.1 Items:

This contract will provide the following products to A&CC’ s B-4 Diesel Engine Lab - Engine Control and Data Acquisition Console.

Optional items are identified and should be priced as part of the solicitation response. The following items are mandatory for replacement:

1 - PC with Windows based data acquisition and control software (controls dynos, engine controls, and collects the data) (additional copy of software) (capable of running off internet) 1 - Dynamometer control system 16 - J Type Thermocouple Inputs 2 - 300 PSI Pressure transducers 2 - 150 PSI Pressure transducers

2 - -15/+85 PSI Pressure transducers 2 - +/- 2.5 PSI Pressure transducers (2 port) 1 - +/- 15 PSI Pressure transducer 1 - 5 PSI Pressure transducer Throttle Control (Servo controlled) *Engines are currently mechanical with no electronic systems Load Cell Input Tachometer Input Humidity sensor + input 2 - Pressure sensor input from LFE

Optional items:

Handheld Controller Throttle Control (Electronically controlled) *For future engines and technology changes

Part 6 Applicable Publications

6.1 Publications Applicable to This PWS:

All OSHA 29 CFR Safety Standards/Regulations. Publication is available via the Internet.

Part 7

Technical Exhibit Index

1. Technical Exhibit 1 – Performance Requirements Summary

2. Technical Exhibit 2 – Deliverables Schedule

Technical Exhibit 1

Performance Requirements Summary The contractor equipment requirements are summarized into performance objectives that relate directly to mission-essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Standard Performance Threshold

Method of Surveillance

PRS # 1

• PC with data acquisition and control software

(controls both dynos, engine controls, and collects the data)

Data Acquisition system fully functional from PC

Zero deviation

100% inspection by SME Engineer and communicated to the COR

PRS # 2

• Dynamometer control system

Dynamometer control system fully functional from PC

Zero deviation

100% inspection by SME Engineer and communicated to the COR

PRS # 3

• Throttle Control (Servo controlled) *Engines are currently mechanical with no electronic systems

GE dynos controllable and functioning

Zero deviation

100% inspection by SME Engineer and communicated to the COR

PRS # 4

• 16 - J Type Thermocouple Inputs

Installed to meet all OSHA 29 CFR Safety Standards/Regulations with complete functionality

Zero deviation

100% inspection by SME Engineer and communicated to the COR

PRS # 5

• 10 – Pressure transducers as detailed in paragraph

5.1

Installed to meet all OSHA 29 CFR Safety Standards/Regulations with complete functionality

Zero deviation

100% inspection by SME Engineer and communicated to the COR

PRS # 5

• Load cell input

Installed to meet all OSHA 29 CFR Safety Standards/Regulations with complete functionality

Zero deviation

100% inspection by SME Engineer and communicated to the COR

PRS # 7

• Tachometer input

Standards/Regulations with complete functionality

Zero deviation

100% inspection by SME Engineer and communicated to the COR

PRS # 8

• Humidity sensor + input

Standards/Regulations with complete functionality

Zero deviation

100% inspection by SME Engineer and communicated to the COR

PRS # 9

• 2 – Pressure sensor input from LFE

Standards/Regulations with complete functionality

Zero deviation

100% inspection by SME Engineer and communicated to the COR

Technical Exhibit 2

Deliverables Schedule

Deliverable Frequency # Of Copies Medium/Format Submit To Quality Control Plan

Section 1.6.1

Once, within 30 days of contract award

1 Electronic in MS Word

Contracting Officer

Potential: Post Award Conference/ Periodic Progress Meetings

Once, Within 30 days of contract award

2 Electronic COR and SME Engineer

The government is to be provided with copies of all required documentation pertaining to the maintenance, testing, calibrating, repairing, and certifying of equipment.

(Part 5)

Once all work is completed and equipment is in proper working order and ready to be used.

3 Electronic Contracting Officer, SME engineer, and COR

2 - Clauses

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving. (MAY 2024)

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

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)

52.243-1 Changes - Fixed-Price. (AUG 1987)

2952.201-70 Contracting Officer's Representative (COR) Clause. (SEP 2014)

(a) A Contracting Officer's Representative (COR) will be delegated upon award. A copy of the delegation memorandum will be provided to the COR and a delegation letter sent to the vendor.

(b) The COR is responsible as applicable for receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes.

(End of Clause)

2952.209-70 Organizational Conflict of Interest Clause-OCI-1 Exclusion From Future Agency Contracts. (DEC 2012)

This clause supplements the FAR provisions on organizational conflicts of interest, located at FAR subpart 9.5 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) 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)

2952.232-71 Submission of Invoices. (AUG 2019)

(a) Electronic Invoice Submittal Invoices for the services/goods provided under this award shall be submitted through the Department of Treasury's Invoice Processing Platform (IPP) or through the DOL Quickpay email system, as directed by the Contracting Officer. IPP is a Federal Government owned and operated website accessible to contractors free of charge.

Information about IPP, including enrollment instructions, are available and should be obtained by the enrolled contractors directly from the Department of Treasury after award at https://www.ipp.gov.

(1) The following instructions apply to Invoices submitted through IPP.Gov or the DOL Quickpay email system:

(i) IPP invoice attachments SHALL NOT exceed the size limit of 10 megabytes (MB) each. However, you may submit multiple attachments of less than 10MB each with the invoices.

(ii) DO NOT submit an invoice or attachment that uses shading or color.

(b) An emailed Portable Document Format (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.

(c) An emailed Tagged Image File Format (TIFF) image must be black and white.

(1) Quickpay users SHALL provide a copy of the invoice and any attachments via email to the Contracting Officer's Representative (COR, at the address specified in the contract.

(2) Quickpay users SHALL NOT submit more than one attachment per invoice and the attachment shall not exceed 10MB. Any additional attachments will not be recognized.

(3) DO NOT submit more than one invoice at a time.

(4) DO NOT attempt to use the "Recall" or "Resend" email message features.

(d) Electronic invoices shall be in PDF or TIFF format.

(e) Paper Invoices shall be submitted via fax or U.S. mail Paper invoices may be sent via fax to: (303) 231-5597. Mail paper invoices to: U.S. Department of Labor, MSHA Finance Branch, PO Box 25367, Denver, CO 80225.

(f) General Information.

Payment due date is to be calculated from the date the invoice is received in accordance with FAR 32.905 and the instructions above.

Inquiries regarding invoices must be emailed to invoiceinquiries.msh@dol.gov. The relevant invoice must be attached to the inquiry email and the subject line of the email must state "INQUIRY", as shown in the following example:

INQUIRY: Contractor Name, DOL Agency, Contract Number, BPA Call or Order Number, Invoice Number, Invoice Amount

The contractor SHALL NOT use the DOL electronic invoicing email address for inquiries about any invoice.

Questions:

All questions regarding Electronic Invoicing shall be sent to the DOL MSHA Finance Branch at invoiceinquiries.msh@dol.gov.

(End of Clause)

2952.242-70 Access to Contractor Business Systems. (APR 2019)

The contractor shall, upon request, provide to the Government, access to covered contractor systems associated with the execution and performance of this requirement to meet audits, reviews, security requirements, and Office of Inspector General requests.

(End of Clause)

2952.242-71 DOL Mandatory Training Requirements for Contractor Employees. (AUG 2018)

(a) Where required and applicable, contractor employees, including employees of subcontractors at any tier, shall complete any DOL designated and hosted training that the Contracting Officer's Representative (COR) identifies as mandatory.

Training shall be completed in a timeframe specified by the COR.

(b) Time spent on training shall be counted as regular hours worked.

(c) The contractor shall ensure this clause is incorporated in all subcontracts, at any tier.

(End of Clause)

2952.243-70 Contractor's Obligation To Notify the Contracting Officer of a Request to Change the Contract Scope (Contractor's Obligation Clause). (JAN 2012)

(a) Except for changes identified in writing and signed by the contracting officer, the contractor is required to notify, within 5 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 employee and contractor official or employee involved in, or knowledgeable about, such conduct; and

(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)

3 - Provisions

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

52.232-13 Notice of Progress Payments. (APR 1984)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

4 - Instructions to Contractors

PERIOD OF ACCEPTANCE FOR QUOTES

The Contractor agrees to hold the prices in its quote firm for 90 days from the date specified for receipt of quotes. The Contractor shall make a clear statement in its quote that the quote is valid through that date.

ADDITIONAL INFORMATION

The Contractor’s quote must include all data and information requested by the RFQ and must be submitted in accordance with these instructions. The quote shall be compliant with the requirements of the RFQ.

The quote shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims.

The Government will not make assumptions concerning intent, capabilities, or experience. Clear identification of quote details shall be the sole responsibility of the Contractor. Conditional quotes will not be accepted. All prospective Contractors must be registered in the System for Award Management (www.sam.gov) in order to be eligible for award.

POINT OF CONTACT (POC)

The Contracting Officer and Contract Specialist are the sole POCs for this Procurement.

Contracting Officer: Alicia Jackson, (jackson.alicia.m@dol.gov) Contract Specialist: Michael Whiddon, (whiddon.michael.v@dol.gov)

DELIVERY OF QUOTES

Quotes shall be submitted via email to the CO AND CS. Quotes shall be submitted no later than Wednesday 23 September 2026, 11:00 am ET.

5 - Evaluation Criteria

EVALUATION FACTORS

The Contractor must demonstrate an understanding of the requirements as set forth in the PWS. The following factors shall be used for evaluation:

Factor 1 - Technical

The Contractor must demonstrate that their technical quote meets the requirements set forth in the PWS.

Adjectival Ratings for Factor 1 - Technical:

Acceptable The quote is technically acceptable as it meets and/or exceeds the minimum specifications listed in the PWS section of the RFP.

Unacceptable The quote is technically unacceptable if it does not meet the minimum specifications listed in the PWS section of the RFP.

Factor 2 - Price

The Government intends to award a Firm Fixed Price Delivery Order.

The Government will evaluate the Contractor 's prices, but this factor will not be given an adjectival rating. The price quote will be evaluated on completeness, accuracy, and reasonableness.

BASIS FOR AWARD

The Government contemplates award of a single Delivery Order resulting from this solicitation to the responsive, responsible Contractor whose quote conforms to the solicitation and is the Lowest Priced Technically Acceptable (LPTA) offer.