SOW Provisions.doc

STATEMENT OF WORK

PART 1

GENERAL INFORMATION

1.0 BACKGROUND INFORMATION

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.

Recently, a hydraulic cylinder used as the base lift jack on a longwall shield failed. The cylinder ruptured with the top of the cylinder separating from cylinder body. The top of the cylinder fatally injured a miner.

The failed cylinder consists of a double-acting cylinder that is approximately 20 inches long and 11 inches wide at its mounting flange. The cylinder’s OD is approximately 8” and the bore is approximately 5-1/8 inches. The supply pressure to the cylinder is approximately 4700 psi. The supply line to the cylinder was shutoff with a ball valve at the time of the accident. Mechanical force to the bottom of the piston may have pressurized the cylinder. A relief valve was not present to protect the cylinder. The broken areas of the metal (apparently cast steel and weld material) were coated with light weight hydraulic oil and petrolatum to prevent corrosion.

1.1 OBJECTIVES

The Approval and Certification Center of the Mine Safety and Health Administration participates in all mine related accident investigations. The Approval and Certification Center has determined that an evaluation of the failed hydraulic cylinder needs to be completed in order determine the cause of the accident.

1.2 SCOPE

The scope of this requirement includes the evaluation of the failed hydraulic cylinder to determine the cause of its failure.

The bidder shall submit a detailed evaluation and test plan with the bid.

1.3 SERVICE/TASKS TO BE PERFORMED

The evaluation shall include the following:

1.3.1 TASK 1- Analysis of Design and Built of Cylinder

The evaluation is to estimate the as-built failure pressure and also estimate a design failure pressure that could have been achieved if not for manufacturing or other defects, if that were to be the case. The analysis must report dimensional measurements of critical components.

1.3.1.1 Analysis of the design of the cylinder to determine working and failure pressures.

1.3.1.2 Analysis of as-built condition of the cylinder to determine working and failure pressures.

1.3.2 TASK 2- Metallurgical Analysis

Metallurgical analysis to support estimates of failure pressures and failure mode(s).

1.3.2.1 Metallurgical analysis of the base metals.

1.3.2.2 Metallurgical analysis of the weld metal.

1.3.3 TASK 3- Analysis of Weld Application.

The evaluation must include comments on the quality of the welding performed in the manufacture of the jack.

1.3.4 TASK 4 - Determination of Industry Standards

Since this is a unique application of a jack, the welding and design standards of the jack are uncertain. The evaluation shall cover applicable or related industry welding procedures and welder certification requirements and applicable or related industry design safety standards for the jack. If applicable or related industry safe design standards are not appropriate for this jack, the contractor shall provide recommendations as to the safe design of the jack. Areas of concern include an appropriate factor of safety, proof testing, working pressure determination, mechanical contact (shock loading) between the top of the piston and the cylinder cap. Additionally, the contractor shall evaluate the quality assurance inspections, related to the safe design of the jack that should be made at the time of manufacture, rebuild, or major repair of the jack.

1.3.4.1 Determination of applicable or related industry standards for cylinder design safety.

1.3.4.2 Determine of applicable or related industry standards for welding including welder certification.

Monitoring of performance will be carried out by the Contracting Officer’s Technical Representative (COTR), in coordination as appropriate with the contractor’s point of contact.

In addition to the specific requirements and skills described below, the Contractor employees must have excellent verbal and written skill, and be proficient in English grammar and other communications skills.

1.4 PERIOD OF PERFORMANCE:

60 days

1.5 QUALITY CONTROL:

N/A

1.6 QUALITY ASSURANCE:

N/A

1.7 RECOGNIZED HOLIDAYS:

The contractor is not required to perform services on the following holidays:

New Year’s Day

Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day

Veteran’s Day

Memorial Day

Thanksgiving Day

Independence Day

Christmas Day

1.8 HOURS OF OPERATION:

N/A

1.9 PLACE OF PERFORMANCE:

Vendor’s Place of Business

1.10 TYPE OF CONTRACT:

This is a Fixed Price (FFP) contract. The contract award method will be Best Value.

1.11 SECURITY REQUIREMENTS:

The Contractor shall not release, publish, or disclose information to unauthorized personnel. MSHA will designate Approval and Certification Center personnel as coordinators for this procurement action.

Any destructive testing must be approved by MSHA in advance.

1.11.1 CHAIN OF CUSTODY REQUIREMENTS:

1.11.1.1 Preservation of Evidence:

All evidence shall be carefully stored under lock and key under the direct control of the custodian. All information concerning the evidence received or removed shall be recorded in a master log. The originals and certified copies (or photocopies of documents) will be preserved as received and filed for evidentiary purposes. These directions are not intended to restrict laboratory examination of original documentary evidence. Certain types of evidence may have to be submitted to a laboratory for analysis, such as gas, air, or dust samples. To ensure an accurate analysis, the evidence must be received in the same condition as when it was originally collected. It may be appropriate to send along a "standard sample of the evidence" for comparison purposes.

1.11.1.2 Transmission of Evidence:

When evidence is transmitted from one place to another for the purposes of evaluation, laboratory analysis, expert opinion, etc., precautions must be taken to ensure that the evidence is not tampered with or altered, and the chain of custody is not broken. The evidence must be transmitted in person or by certified-mail. Other methods can be used to transmit evidence with the permission of MSHA. Large items which cannot be mailed or carried will require special arrangements to be made by MSHA. The following procedures must be followed when transmitting evidence. These procedures are not all inclusive, and additional procedures should be considered for every circumstance.

1.11.1.3 Briefing the Recipient:

The custodian of the evidence must brief the recipient (either in person, by memorandum, or both) on the actions they must take when the evidence is received and processed. The custodian shall suggest that the recipient pack the evidence as listed below when returning the evidence. The recipient should be told that they may have to testify in court as to the precise actions taken while the evidence was in their custody.

1.11.1.4 Complete Chain of Custody Form:

This Chain of Custody form (Exhibit 6-4) is originally completed by the custodian of evidence. The original and both copies will be packed with the evidence and transmitted to the recipient. The custodian of evidence shall make a copy for their records. Upon receipt of the evidence, the recipient will fill in the appropriate blocks on all copies of the Chain of Custody form (date received, signature, name, title, and purpose of custody change). The original will always remain with the piece of evidence.

A copy will be returned to the custodian after the recipient has filled in the appropriate blocks. When the custodian receives this copy of the Chain of Custody form, a note will be made in the master evidence log book as to when and who received the piece of evidence and for what purpose. When the evidence is ready to be returned to the custodian, it should be packaged properly and transmitted as directed by the custodian. When the custodian receives the returned evidence, it shall be noted in a master log book.

1.11.1.5 The following Measures Should Be Taken To Ensure the Chain of Custody Is Not Broken:

• Pack the evidence

• Wrap the evidence and the original and both copies of the Chain of Custody form in an appropriate covering material. Place in a box or envelope

• Seal the container. Place the name, title, address, and return address on the outside of this container

• Mark each side of the package with the words "Evidence - to be opened only by authorized personnel"

• Give directions such as "Expedite," "Urgent," "Fragile," "Explosive," "Inflammable,"

"Perishable"

1.12 TRAVEL:

Shall not be authorized.

1.13 CONTRACTING OFFICER TECHNICAL REPRESENTATIVE:

The (COTR) will be identified by separate letter. The COTR monitors all technical aspects of the contract and assists in contract administration The COTR 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 COTR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COTR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COTR is not authorized to change any of the terms and conditions of the resulting contract.

1.14 KEY PERSONNEL:

The bidder shall provide the resumes of all individuals who will be performing any work on the cylinder.

1.14.1 EMPLOYEE CONDUCT.

Contractor employees shall present a professional appearance at all times and their conduct shall not reflect discredit upon the United States and or the Department of Labor.

1.14.2 REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY REASONS.

The Government may, at its sole discretion, direct the contractor to remove any contractor employee from U.S. Department of Labor facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any Contract awarded. The Contracting Officer will provide the contractor with a written explanation to support any request to remove an employee.

1.14.3 CONFLICT OF INTEREST.

The contractor shall not employ any person who is an employee of the United States Government if that employment would appear to cause a conflict of interest.

Technical Exhibit Deliverables Schedule

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

PART 2

DEFINITIONS & ACRONYMS

CO – Contracting Officer

COTR - Contracting Officer’s Technical Representative: A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor

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

DOL - Department of Labor

FAR – Federal Acquisition Regulation

IDIQ –Indefinite Delivery Indefinite Quantity

IT – Information Technology

OASAM – Office of the Assistant Secretary for Administration and Management

OMB - Office of Management and Budget

PIV - Personal Identity Verification

POP – Period of Performance

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

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

SF – Standard Form SOW – Statement of Work

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.0 GOVERNMENT FURNISHED ITEMS AND SERVICES:

Hydraulic Cylinder

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.0 CONTRACTOR FURNISHED ITEMS AND SERVICES:

The bidder shall provide a formal written report covering performance of the evaluation and any tests and the complete results of the evaluation and any tests. The bidder shall provide equipment calibration certificates and descriptions of all software used.

The bidder is requested to recommend any additional work that may help identify the cause of the accident and help prevent future such occurrences.

The evaluation and any testing of the cylinder may be witnessed by interested parties. Accommodation of the witnesses must be included in the bid.

If the cylinder must be transported to the bidder’s facility, a chain of custody must be signed. The cylinder must be secured to prevent access by personnel without prior MSHA approval. The cylinder must be secured to prevent any form of damage.

PART 5

APPLICABLE PUBLICATIONS

REFERENCES, LAWS, REGULATIONS AND POLICIES

N/A

ADDENDUM TO 52.212-2 EVALUATION OF COMMERCIAL ITEMS

Basis for Award. The Government will award a single Firm Fixed Price contract from this solicitation to the responsible offeror whose offer conforming to the solicitation is most advantageous to the Government based on the best overall proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the three evaluation factors: {Technical and Price}. All sub-factors under Factor I, Technical are of equal importance. The Contracting Officer shall also conduct a price analysis in accordance with the techniques in FAR 15.404-1(b) (2). The non-Price factors combined are significantly more important than Factor III, Price. However, price will become significantly more important as non-price factors approach equality. Offerors are cautioned that the award may not necessarily be made to the lowest price offered. The Government is more concerned with obtaining superior technical features than with making an award at the lowest overall price to the Government. However, the Government will not make an award at a significantly higher overall price to the Government to achieve slightly superior technical features. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for Factor I, and its associated sub-factors (Understanding of Requirement, Key Personnel). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

Pursuant to FAR 15.306(c) the Contracting Officer may establish a competitive range comprised of all of the most highly rated proposals, unless the range is further reduced for reasons of efficiency. Pursuant to FAR 52.215-1(f) (4), the Contracting Officer may limit the number of proposals in the competitive range to the number that will permit an efficient competition among the most highly rated proposals. Offerors will be required to submit a technical and price proposal and will be evaluated against three evaluation factors. To determine which firm represents the best value, the offers will be evaluated as outlined below.

TECHNICAL APPROACH- The proposal will be evaluated to determine whether the offeror’s methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the solicitation and whether the offeror’s methods and approach to meeting the solicitation requirements provide the Government with a high level of confidence of successful completion within the required schedule.

No pricing information is to be provided in the Technical Proposal.

Sub-factor 1: UNDERSTANDING OF THE REQUIREMENT – The Government will evaluate the offeror’s understanding of the work to be performed in accordance with the SOW. The offeror shall submit a proposal that demonstrates its understanding of the work described in Part 5 of the SOW and the extent to which potential risks are identified and mitigated.

Sub-factor 2: KEY PERSONNEL – The Government will evaluate the experience and qualifications of all contractor personnel. The offeror’s proposal shall include resumes for key personnel and also provide a matrix to include the background/experience of the company’s proposed key and non-key personnel mapped to the appropriate SOW tasking that supports the proposed labor category and level.

PRICE. The offeror shall complete Schedule B (Cost/Price Schedule).

FACTOR I. TECHNICAL

Sub-factor 1: UNDERSTANDING OF THE REQUIREMENT – The Government will evaluate the offeror’s understanding of the work to be performed in accordance with the SOW. The offeror shall submit a proposal that demonstrates its understanding of the work described in Part 5 of the SOW and the extent to which potential risks are identified and mitigated.

Sub-factor 2: KEY PERSONNEL - The offeror’s proposal shall reflect the experience and qualifications of all contractor personnel. The offeror’s proposal shall include resumes for key personnel identified in paragraphs 1.6 of the SOW and also provide a matrix to include the background/experience of the company’s proposed personnel mapped to the appropriate SOW tasking that supports the proposed labor category and level.

FACTOR II – PRICE

The Government will evaluate offers for award purposes by adding the total of all CLIN prices. Price will be evaluated for completeness and reasonableness using the techniques in FAR 15.404-1(b) (2). Price will become significantly more important as technical ratings approach equality. No adjectival ratings will be used to evaluate Price.

Adjectival Ratings. Proposals will be adjectivally rated against each of the evaluation factors set forth in this plan and in the solicitation. Adjectival ratings for Factors I, Technical (See Table 1), Adjectival ratings for Factor II (See Table 2), Past Performance will be Low Risk, High Risk, and Unknown Risk. No adjectival ratings will be used to evaluate Factor III, Price.

Adjectival Ratings. The following adjectival ratings will be used:

Factor I- Technical, will be rated using the following Adjectival Scale

Table 1

Duration of Business Arrangement: The period of performance of this contract will be through the period of time to deliver all required deliverables. This contract is not considered to be for advisory or assistance services in accordance with FAR Part 37.2.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUL 2009)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision --

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, 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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not s joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ) has, ( ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act--Supplies.”

(2) Foreign End Products:

Line Item No.:---------------------------------------------------------

Country of Origin:-----------------------------------------------------

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products:

Line Item No.

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(List as necessary)

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). The offeror certifies, to the best of its knowledge and belief, that --

(1) The offeror and/or any of its principals ( ) are, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,

(2) ( ) Have, ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) ( ) are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) ( ) Have, ( ) have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).)

(1) Listed End Product

Listed End Product Listed Countries of Origin:

(2) Certification. (If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.)

( )(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

( ) (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(1) ( ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ) Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) (The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.)

( ) (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ) does ( ) does not certify that--

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

( ) (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ) does ( ) does not certify that--

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract…