A19-SOL-1605C4-25-Q-00050 - Compressed Gases.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

1605C4-25-Q-00049

Multiple Destinations

See Schedule

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

07/28/2025 1000 ED

1645-OTS-25-NAT-0065

Rose Goodwin 304-256-3306

CAS

CAS

Alicia M. Jackson

334516

1,000

07/17/2025

ADMINISTERED BY:

US Department of Labor

Customer Acquisition Services

200 Constitution Ave, NW, S-4307

Washington DC 20210 USA

The Department of Labor (DOL) Office of the

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,

Senior Procurement Executive, on behalf of The

Pittsburgh Health and Safety Technology Center of the Mine Safety and Health Administration is seeking the services from Malvern Panalytical to maintain and perform scheduled preventive maintenance on (2) two Cubix and (1) one Aeris model X-ray diffractometers and incorporated peripherals used for crystalline silica enforcement analysis with this Request for

Quotation (RFQ) in accordance to the

Performance Work Statement.

This RFQ will result in firm fixed priced order with a period of performance shall be for one

(1) Base Period of 12-month and two (2)

12-month option periods as follows:

Base Period: 8/8/25 – 8/7/26

Option Period 1: 8/8/26 - 8/7/27

Option Period 2: 8/8/27 - 8/7/28

0001 Cubix XRD Serial#: DY3679 - Base Year - 4 Star

Premium Service

Product/Service Code: J035

0002 Cubix XRD Serial#: DY3680 - Base Year - 4 Star

Premium Service

Product/Service Code: J035

0003 Aeris XRD Serial#: DY1379 - Base Year - 4 Star

Continued...

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

1605C4-25-Q-00049

Premium Service

Product/Service Code: J035

1001 Cubix XRD Serial#: DY3679 - Option Year 1 - 4

Star Premium Service

(Option Line Item)

(Anticipated Option Exercise Date) 07/15/2026

Product/Service Code: J035

1002 Cubix XRD Serial#: DY3680 - Option Year 1 - 4

Star Premium Service

(Option Line Item)

(Anticipated Option Exercise Date) 07/15/2026

Product/Service Code: J035

1003 Aeris XRD Serial#: DY1379 - Option Year 1 - 4

Star Premium Service

(Option Line Item)

(Anticipated Option Exercise Date) 07/15/2026

Product/Service Code: J035

2001 Cubix XRD Serial#: DY3679 - Option Year 2 - 4

Star Premium Service

(Option Line Item)

(Anticipated Option Exercise Date) 07/15/2027

Product/Service Code: J035

2002 Cubix XRD Serial#: DY3680 - Option Year 2 - 4

Star Premium Service

(Option Line Item)

(Anticipated Option Exercise Date) 07/15/2027

Product/Service Code: J035

2003 Aeris XRD Serial#: DY1379 - Option Year 2 - 4

Star Premium Service

(Option Line Item)

(Anticipated Option Exercise Date) 07/15/2027

Product/Service Code: J035

2 - Performance Work Statement 3 - FAR & DOLAR Clauses 4 - Provisions 5 - Instructions to Offerors 6 - Evaluation Criteria

2 - Performance Work Statement

PART 1 GENERAL INFORMATION

1.1 Description of Services/Introduction:

The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and non-personal services necessary to provide service coverage for the following equipment: two Cubix diffractometers, serial numbers DY3679 and DY3680, and peripherals; one Aeris X-ray diffractometer, serial number DY1379, and Sample Changer, serial number 9430 977 01135/QP820- 02766116 used by the PSHTC laboratory to analyze respirable MNM mine dust samples for crystalline silica content. The service provided by the instrument manufacturer will ensure that the units are maintained in a working status thereby decreasing laboratory downtime as defined in this Performance Work Statement (PWS), except as Specified in section Part 3 as government furnished property and services. The contractor shall perform to the standards in this PWS.

1.2 Background:

The U.S. Department of Labor, Mine Safety and Health Administration (MSHA) is responsible for enforcing health standards promulgated under the authority of Section 103 (a) of the Federal Mine Safety and Health Act of 1977. A national network of MSHA inspectors collects health samples at approximately 11,000 metal/nonmetal (MNM) mines located in the United States and its territories to monitor miners’ exposures to hazardous contaminants. Respirable crystalline silica samples are analyzed by validated X-ray diffraction analytical methods and citations are issued to mine operators if exposure limits are exceeded. Approximately 4,500+ samples and quality assurance analyses are performed each year on MNM mine respirable dust samples by the MSHA Technical Support laboratories.

MSHA implements the provisions of the Mine Act to prevent death, illness, and injury from mining and promote safe and healthful workplaces for miners. Authorized representatives of the Secretary make frequent inspections and investigations to determine compliance with mandatory health and safety standards in coal and other mines each year. 30 U.S.C. 813. Inspections, investigations, and recordkeeping.

1.3 Objectives:

The primary objective of this effort is for the contractor to provide one (1) Base Period of 12 months and two (2) 2-month option periods.

The Pittsburgh Health and Safety Technology Center of the Mine Safety and Health Administration is seeking the services of Malvern Panalytical to maintain and perform scheduled preventive maintenance on the two Cubix and one Aeris models X-ray diffractometers and incorporated peripherals used for crystalline silica enforcement analysis. Peripherals include sample changers, Haskris LX2 air-cooled water chillers (Cubix), and Vertiv GXT4 uninterruptable power supply units.

1.4 Scope:

The scope of this procurement action will provide service coverage for the following equipment: two Cubix diffractometers, serial numbers DY3679 and DY3680, and peripherals; one Aeris X-ray diffractometer, serial number DY1379, and Sample Changer, serial number 9430 977 01135/QP820-02766116 used by the PSHTC laboratory to analyze respirable MNM mine dust samples for crystalline silica content. The service provided by the instrument manufacturer will ensure that the units are maintained in a working status thereby decreasing laboratory downtime.

1.5 Period of Performance:

The period of performance shall be for one (1) Base Period of 12-month and two (2) 12-month option periods. The Period of Performance reads as follows:

Base Period: August 08, 2025 – August 07, 2026 Option Period I: August 08, 2026 – August 07, 2027 Option Period II: August 08, 2027 – August 07, 2028

The Government reserves the right to extend the term of this contract at the prices set forth in Section B in accordance with the terms and conditions contained in clause 52.217-9 entitled, “Option to Extend the Term of the Contract”.

1.6 General Information:

1.6.1 Quality Control:

The contractor shall develop and maintain an effective quality control program to ensure that all repairs, maintenance checks, and battery replacement are performed in accordance with this Performance Work Statement (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 how 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 (CO) acceptance in writing of any proposed change to his QC system.

The Quality Control Plan (QCP) shall be submitted to the Contracting Officer with the Contractor’s proposal. The Contracting Officer or the COR will notify the contractor of acceptance or required modifications to the plan before the contract start date. The Contractor must make appropriate modifications to the plan before the contract start date.

The vendor will perform a series of acceptance tests to ensure that the systems are functioning according to performance specifications before the end of each visit when applicable. The acceptance tests will include a demonstration of the resolution, linearity, and a determination of the limits of detection for quartz, as specified below, in addition to the function tests normally performed by the manufacturer.

1.6.2 Quality Assurance:

The government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance requirements summary. 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 and Conditions-Commercial Items” or 52.246-4, “Inspection of Services-Fixed Price” for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

1.6.4 Recognized Holidays:

The Federal Government observes the following holidays, and Federal buildings will be closed.

Federal contractors shall not perform services under this contract on the following holidays:

New Year’s Day Labor Day Inauguration Day (if applicable) Columbus Day Martin Luther King Jr.’s Birthday Veteran’s Day President’s Day Thanksgiving Day Memorial Day Juneteenth Day Christmas Eve Independence Day Christmas Day

In addition to designated holidays, the Government observes the following days:

· Any other day designated by Federal Statute

· Any other day designated by Executive Order

· Any other day designated by the President’s Proclamation

The Contractor shall comply with the Government holidays and any other day designated by Federal Statute, Executive Order, or Presidential proclamation.

Therefore, the Government offices are closed to the Contractor’s staff on the day(s) these holidays are observed. In addition, work shall not be required of the Contractor when Federal employees are released from work early due to inclement weather conditions or emergencies or when Federal offices are closed due to inclement weather conditions or emergencies (status is available at http://www.opm.gov/status/).

The COR will notify the Contractor when early release of Federal employees has been authorized.

1.6.5 Hours of Operation:

The Contractor is responsible for providing support between the hours of 07:30 a.m. and 4:00 p.m. 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. The Contractor shall always maintain an adequate work force 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 work force are essential.

The Contractor will in the performance of this contract immediately notify the COR or the MSHA Point of Contact if the time and/or service obligations of this contract cannot be met due to inclement weather, civil disturbances, equipment failure, illness, etc. MSHA recognizes the obligation of the Contractor to provide for the safety and wellbeing of personnel engaged in providing services under this contract. The Contractor shall notify the MSHA COR or other Point of Contact no later than 9:00 a.m. on the day the services were scheduled to be provided if any circumstances prevent timely performance.

1.6.6 Place of Performance

The work to be performed under this contract will be performed at the Pittsburgh Safety and Health Technology Center XRD Laboratory, Bldg. 38, Room 119C, 626 Cochran’s Mill Road, Pittsburgh, PA 15236.

1.6.7 Type of Contract

The government contemplates the award of a firm-fixed price contract.

1.6.8 Security Requirements:

The Contractor’s employees, performing work in support of this order will have had a background check prior to being assigned to the project. Any designs, equipment, concepts, or knowledge obtained during support activities that evolve from performance hereunder shall be considered as "Confidential Information." The Contractor shall not disclose any confidential information obtained in the performance of this contract. Any presentation of any designs, equipment, or concepts based on information obtained from the tasks covered by this contract will be subject to review and approval by the Government before publication or dissemination for accuracy of factual data and interpretation.

· During this contract, the Contractor shall have access to Government data relevant to this project, as required. Any information, not previously published, received from the Government in connection with this contract or furnished to the Contractor from other sources in response to the Government's requirements under this contract, will be restricted to this project, and may not be disclosed or used for any other purpose without the prior written approval of the CO. Title to Government owned data shall remain with the Government. The Contractor shall use the Government owned data only in connection with this Contract.

· These restrictions do not apply to information which (a) currently or subsequently enters the public domain; (b) has been released to any third party, without restrictions; or (c) is obtained by the Contractor independent of the Government.

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.

1.6.9 Special Qualifications:

The System shall be comprised of various types of equipment designed and constructed of materials to withstand the rigors of a harsh underground environment encountered during use at mine emergencies across the United States.

1.6.10 Post Award Conference/Periodic Progress Meetings:

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 Officers 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 inform the contractor of how the government views the contractor's performance and the contractor will inform 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 Representative (COR):

The (COR) will be identified by separate letters. 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:

Key personnel designated are those personnel assigned to Key positions or labor categories and are essential to the work performed herein. The CO will designate or replace Key Personnel, as appropriate.

DOL has determined that continuity through the retention of highly qualified contractor personnel is a major factor for success in achieving high quality products and efficient performance. If it becomes necessary for the vendor to replace Key Personnel after designation, the vendor shall provide the CO and the COR a written evaluation of the impact on the progress and continuity of the relevant work that might result in replacing these personnel. The vendor shall submit the names and resumes of replacement personnel to the CO and the COR for review not later than two calendar weeks prior to their replacement, or as soon as known. All replacement personnel must possess qualifications equal to or higher than the qualifications of the person replaced. The CO and COR will evaluate the requests, and the CO will promptly notify the contractor of approval or disapproval of the replacement of key personnel. Once the key personnel are approved the vendor must have said personnel on board within 14 days.

1.6.12.1 Key Personnel Qualifications:

To be determined later in writing by the Contracting Officer.

1.6.13 Identification of Contractor Employees:

All contract personnel attending meetings, answering Government telephones, and working in other 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.

1.6.14 Points of Contact/Coordinators:

Pittsburgh Safety and Health Technology Center (PSHTC) U.S. Department of Labor – MSHA

626 Cochran’s Mill Rd., Room 106 Pittsburgh, PA. 15236

Primary POC: Matthew Fenlock, Telephone: 412-386-6202, e-mail Fenlock.Matthew@DOL.GOV

Secondary POC: Jordan Pauley, Telephone: 412-386-6200, e-mail Pauley.Jordan@DOL.GOV

The MSHA employees of the Pittsburgh Safety and Health Technology Center Laboratory will serve as the coordinators. They will monitor all technical aspects of the contract and assist in contract administration. They will ensure that the technical requirements of the contract are met and will maintain written and oral communications with the contractor. They will notify both the Contracting Officer and the Contractor of any deficiencies.

PART 2 DEFINITIONS & ACRONYMS

AMRT - Advancing Mine Rescue Team

CFR - Code of Federal Regulations

CO - Contracting Officer

Contracting Officer’s Representative (COR) - A representative from the requiring activity requested 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.

Deliverable - Anything that can be physically delivered but may include non-physical things such as meetings.

DOL - Department of Labor

FAR – Federal Acquisition Regulation

GFE – Government Furnished Equipment

MSHA – Mine Safety and Health Administration

NIST – National Institute of Standards and Technology

PSHTC – Pittsburgh Safety and Health Technology Center

PWS - Performance Work Statement

Quality Assurance - Those actions taken by the government to assure services meet the requirements of the Performance Work Statement.

Quality Assurance Surveillance Plan (QASP) - An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

Quality Control - Those actions taken by a contractor to control the performance of services so that they meet the requirements of

PWS.

SF – Standard Form

SRM – Standard Reference Material

UPS – Uninterruptable Power Supply

XRD – X-ray Diffractometer

PART 3 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.0 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.1 Information Sources

Knowledgeable MSHA personnel will be made available to assist Contractor personnel in obtaining information pertinent to this

PWS.

3.2 Equipment

The equipment required for service is considered government property, and the contractor shall protect and preserve such GFP while performing, maintenance, or repairs. The contractor assumes risk of and shall be responsible for any negligence, loss or damage.

3.3 Services

3.3.1 Utilities

All utilities in the facility will be available for the contractor’s use in performance of duties outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities.

3.4 Facilities

Onsite. The Government will furnish all necessary workspace required for the contractor to support the effort(s) outlined in this PWS, to include desk space, telephones, computers and other items necessary to maintain an office environment.

PART 4 CONTRACTOR FURNISHED ITEMS AND SERVICES

Contractor Furnished Items and Services:

4.0 General:

4.1 Supplies and Services

The Premium Level Service contract offered by the vendor includes 48-hour onsite response time during normal business hours for an unlimited amount of emergency calls, two preventive maintenance calls per year for each instrument within the contract period, labor and travel during normal business hours, spare parts coverage, limited remote diagnostics, if required, during normal business hours. Each system includes the diffractometer and associated sample changer, water chiller, and UPS.

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

- The contractor shall provide all equipment for performance in accordance with the terms and conditions of the PWS.

PART 5 SPECIFIC TASKS

5.0 Basic Services:

The contractor shall provide materials and services for successful completion of PWS, and all tasks contained herein. MSHA can be invoiced monthly or upon completion of the below tasks. Only invoices submitted in the MSHA instructed format will receive timely payment.

The following is the set of tasks required under this Contract. All tools developed under this contract should be validated for accuracy. The method(s) used for this determination shall be specified in the contract proposal.

5.1 Tasks

The Vendor shall provide a service, during the period specified in this agreement, to maintain the equipment in good operating condition. This service includes unlimited service calls and two Preventive Maintenance visits per system.

On-Site Service Repairs - When the equipment requires a service beyond the normal cleaning, maintenance, and care normally performed by the customer, Malvern Panalytical Inc. will provide a service representative to perform the repair service provided on an unscheduled basis when notified by the customer that the equipment is inoperable. Every reasonable effort will be made to respond within 2 working days after the customer has requested service. Spare parts, labor, and travel are covered under the agreement.

Deliverables Task 5.1:

The Contractor is expected to provide on-site repair within reasonable timeframe after notification has been made that service is required.

Task 5.2:

Preventive Maintenance - A trained specialist will take those actions necessary to ensure that the equipment covered by this agreement is functioning properly. The specialist will inspect, clean, make minor adjustments, verify the operation, and perform general system tests. Preventative maintenance will be performed twice per year for each instrument as detailed in this agreement.

Deliverables Task 5.2:

The Contractor is expected to provide two on-site preventative maintenance visits for each instrument within the 12-month contract period. This includes a full-service report detailing what was done during the visit.

Task 5.3:

Parts – Unlimited spare parts coverage. All parts furnished are subject to the standard Malvern Panalytical Inc. warranty terms and conditions.

Deliverables Task 5.3:

The contractor is expected to offer replacement parts for the instrument being serviced as outlined in the contract provisions.

Task 5.4:

Documenting and Reporting – Contractor will document in a standard service report, all service provided to include parts replaced and verification that instrument was left in good working order. Reports will be sent via email to the COR and/or Lead Laboratory Analyst within 7 days of provided service.

Deliverables Task 5.4:

Digital service report sent via email.

PART 6 APPLICABLE PUBLICATIONS

References, Laws, Regulations and Policies

At a minimum, Contractor performance in accordance with the requirements herein shall fully comply with the following laws, regulations, policies and guidelines:

· 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

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

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

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

· Homeland Security Presidential Directive 12, Policies for a Common Identification Standard for Federal Employees and Contractors

· Department of Labor, Computer Security Handbook (CSH)

PART 7 TECHNICAL EXHIBIT INDEX

Deliverables are required under each of the tasks described above. The following is a representative list of deliverables required under this Task Order. These deliverables must be submitted to and reviewed by the COR and/or designated Task Managers. All submittals must be made directly to the COR with a courtesy copy to the CO.

1. Technical Exhibit 1 – Performance Requirements Summary

2. Technical Exhibit 2 – Deliverables Schedule

TECHNICAL EXHIBIT 1

Performance Requirements Summary:

The contractor service requirements are summarized as 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

The contractor shall provide regular, on-site system maintenance checks of MSHA’s three Malvern Panalytical XRD systems.

100% of all service performed on the system must be returned to working status in accordance with

PWS.

Zero deviation from standard

100% inspection by COR

PRS # 2

The contractor shall provide all OEM replacement parts required to return system(s) to full working order.

All parts shall be original equipment manufacturer specified parts with standard warranty.

Zero deviation from Standard.

100% inspection by COR

PRS # 3

The contractor shall provide two preventive maintenance visits per instrument specified in the PWS for each 12-month contract period.

System returned to full working order. Zero deviation from Standard.

100% inspection by

COR

TECHNICAL EXHIBIT 2

Deliverables Schedule:

The following delivery schedule will be based on the contract award date:

Deliverable Frequency # of Copies

Medium/Format Submit to

On-site service and repair visits for all three instruments specified in the PWS.

Within 48 hours of notification that service is needed.

electronic copies of

Electronic format, preferably Adobe sent via email.

COR and primary laboratory completed service report.

analyst.

Two preventive maintenance visits per instrument scheduled within contract period.

Twice per 12-month contract period. 1 electronic copy of completed service report.

Repaired at Vendor Facility & Electronic format, preferably Adobe sent via email.

COR and primary laboratory analyst.

3 - FAR & DOLAR Clauses

52.203-7 Anti-Kickback Procedures. (JUN 2020)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

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

52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

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

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

52.211-5 Material Requirements. (AUG 2000)

52.217-9 Option To Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months.

(End of clause)

52.219-28 Postaward Small Business Program Rerepresentation. (JAN 2025)

(a) Definitions. As used in this clause-

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

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

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

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

(3) For long-term contracts-

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

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

(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)-

(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract (e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract (e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);

(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract (e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and

(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405-5(b) and 19.301-2(b)(2)).

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

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraphs

(b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

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

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

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [ ] assigned to contract number [ ].

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13

CFR 124.1001.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: [ ] .]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: [ ] .]

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program.

The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: [ ].]

(9) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that-

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: [ ].] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

(End of clause)

52.222-1 Notice to the Government of Labor Disputes. (FEB 1997)

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2018)

52.222-19 Child Labor - Cooperation with Authorities and Remedies. (JAN 2025)

52.222-37 Employment Reports on Veterans. (JUN 2020)

52.225-1 Buy American - Supplies. (OCT 2022)

52.232-1 Payments. (APR 1984)

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

52.232-11 Extras. (APR 1984)

52.232-18 Availability of Funds. (APR 1984)

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

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

52.233-1 Disputes. (MAY 2014)

52.242-17 Government Delay of Work. (APR 1984)

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

52.244-6 Subcontracts for Commercial Products and Commercial Services. (JAN 2025)

52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

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

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

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

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous…