DOL124RQ20087.rtf

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Attached to
Underground Mine Rescue Communications Vehicle Federal contract opportunity
Solicitation number
DOL124RQ20087
Issued by
Department of Labor Mine Safety and Health Administration

About this file

Combined Synopsis/Solicitation

Text of this file

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 5/2011)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

465-12MR-1920

DOL124RQ20087

08-13-2012

MINDY SMITH

BY E-MAIL ONLY

08-27-2012

12:00 PM

MSHA

MSHA Acquisition Mgmt Branch - Beckley U.S. Department of Labor National Mine Health and Safety Academy 1301 Airport Road Beaver WV 25813-9426 X N/A X

MSHA

See Continuation Page

MSHA

MSHA Finance Branch - Denver U.S. Department of Labor PO Box 25367 Denver CO 80225-0367 See CONTINUATION Page 0001 Underground Communications Vehicle 1 EA See CONTINUATION Page X X Mindy Smith Contract Specialist

DOL124RQ20087

333131

500 employees

Table of Contents

A. HYPERLINK "\\\\BECNAS01\\Smith.Mindy$\\MY DOCUMENTS\\2012 Purchasing\\465-12MR-1920 Foukes Comm vehicle\\DOL124RQ20087.rtf" \l "_Toc332631321" SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
HYPERLINK \l "_Toc332631323" B. CONTINUATION PAGE3
HYPERLINK \l "_Toc332631324" B.1 PRICE/COST SCHEDULE3
HYPERLINK \l "_Toc332631325" B.2 DELIVERY SCHEDULE3
HYPERLINK \l "_Toc332631326" C. CONTRACT CLAUSES3
HYPERLINK \l "_Toc332631327" 52.212-4CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012)3
HYPERLINK \l "_Toc332631328" 52.212-5CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2012)3
HYPERLINK \l "_Toc332631329" 52.211-6BRAND NAME OR EQUAL (AUG 1999)7
HYPERLINK \l "_Toc332631330" 52.225-18PLACE OF MANUFACTURE (SEP 2006)7
HYPERLINK \l "_Toc332631331" 52.222-18CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR LISTED END PRODUCTS (FEB 2001)8
HYPERLINK \l "_Toc332631332" 52.219-28POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)8
HYPERLINK \l "_Toc332631333" D. CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS9
HYPERLINK \l "_Toc332631334" D.1STATEMENT OF WORK9
HYPERLINK \l "_Toc332631335" PART 19
HYPERLINK \l "_Toc332631336" PART 212
HYPERLINK \l "_Toc332631337" PART 313
HYPERLINK \l "_Toc332631338" PART 413
HYPERLINK \l "_Toc332631339" PART 513
HYPERLINK \l "_Toc332631340" PART 616
HYPERLINK \l "_Toc332631341" PART 717
HYPERLINK \l "_Toc332631342" PART 817
HYPERLINK \l "_Toc332631343" E. SOLICITATION PROVISIONS, REPRESENTATIONS, INSTRUCTIONS, AND EVALUATIONS17
HYPERLINK \l "_Toc332631344" 52.212-1INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)17
HYPERLINK \l "_Toc332631345" ADDENDUM TO PROVISION 52.212-121
HYPERLINK \l "_Toc332631346" 52.207-4ECONOMIC PURCHASE QUANTITY--SUPPLIES (AUG 1987)21
HYPERLINK \l "_Toc332631347" 52.212-2EVALUATION--COMMERCIAL ITEMS (JAN 1999)22
HYPERLINK \l "_Toc332631348" ADDENDUM TO 52.212-222
HYPERLINK \l "_Toc332631349" 52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS23
HYPERLINK \l "_Toc332631350" 52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS -- ALTERNATE I (APR 2011)33

B. CONTINUATION PAGE

B.1 PRICE/COST SCHEDULE

ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT

NO. SUPPLIES/SERVICES PRICE

1 1.00 EA ____________________ _____________________

Underground Communications Vehicle

GRAND TOTAL ---

B.2 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DATE OF DELIVERY

1 1.00

SHIP TO : US DEPARTMENT OF LABOR

MINE SAFETY AND HEALTH ADMINISTRATION

1301 AIRPORT ROAD

BEAVER

WV

25813

USA

C. CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012)

(IAW FAR 12.301(b)(3))

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2012) (IAW FAR 12.301(b)(4))

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

__ __ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996)(31 U.S.C 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ __(1)52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).
__ __(2)52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
__ __(3)52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__X __(4)52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ __(5)52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-15).
__X __(6)52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).
__ __(7)52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).
__ __(8)52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
__ __(9)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)(15 U.S.C. 657a).
__X __(10)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
(11)[Reserved]
__ __(12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011)(15 U.S.C. 644).
__ __(12)(ii) Alternate I (Nov 2011).
__ __(12)(iii) Alternate II (Nov 2011).
__ __(13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).
__ __(13)(ii) Alternate I (Oct 1995) of 52.219-7.
__ __(13)(iii) Alternate II (Mar 2004) of 52.219-7.
__ __(14)52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).
__ __(15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011)(15 U.S.C. 637(d)(4)).
__ __(15)(ii) Alternate I (Oct 2001) of 52.219-9.
__ __(15)(iii) Alternate II (Oct 2001) of 52.219-9.
__ __(15)(iv) Alternate III (Jul 2010) of 52.219-9.
__(16)52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__(17)52.219-14, Limitations on Subcontracting (Nov 2011)(15 U.S.C. 637(a)(14)).
__ __(18)52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ __(19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). (In accordance with DDP Memo dated 12 Mar 2010, DAR Tracking Number 2010-O0006, Immediate Cessation of the Use of Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Effective until incorporated into the FAR or DFARS or until rescinded.)
__ __(19)(ii) Alternate I (June 2003) of 52.219-23. (In accordance with DDP Memo dated 12 Mar 2010, DAR Tracking Number 2010-O0006, Immediate Cessation of the Use of Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Effective until incorporated into the FAR or DFARS or until rescinded.)
__ __(20)52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ __(21)52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ __(22)52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)(15 U.S.C. 657 f).
__X __(23)52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).
__ __(24)52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (1 U.S.C. 637(m)).
__ __(25)52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).
__X __(26)52.222-3, Convict Labor (June 2003)(E.O. 11755).
__X __(27)52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012)(E.O. 13126).
__ __(28)52.222-21, Prohibition of Segregated Facilities (Feb 1999).
__X __(29)52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).
__ __(30)52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
__X __(31)52.222-36, Affirmative Action For Workers with Disabilities (Oct 2010)(29 U.S.C. 793).
__ __(32)52.222-37, Employment Reports on Veterans (Sep 2010)(38 U.S.C. 4212).
__ __(33)52.222-40, Notification of Employee Rights Under the National Labor relations Act (Dec 2010) E.O. 13496).
__ __(34)52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ __(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ _(35)(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ __(36)52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42.U.S.C. 8259b).
__ __(37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
__ _(37)(ii) Alternate I, (Dec 2007) of 52.223-16.
__X __(38)52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011).
__X __(39)52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).
__X __(40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41 and 112-42).
__ _(40)(ii) Alternate I (Mar 2012) of 52.225-3.
__ _(40)(iii) Alternate II (Mar 2012) of 52.225-3.
___(40)(iv) Alternate III (Mar 2012) of 52.225-3.
__ __(41)52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__X __(42)52.225-13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).
__ __(43)52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C. 5150).
__ __(44)52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).
__ __(45)52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 522(f), 10 U.S.C. 2307(f)).
__ __(46)52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
__X __(47)52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003)(31.U.S.C. 3332).
__ __(48)52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999)(31.U.S.C. 3332).
__ __(49)52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).
__ __(50)52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).
__ __(51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ _(51)(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ __(1)52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
__ __(2)52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ __(3)52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ __(4)52.222-44, Fair Labor Standards Act and Service Contract Act - Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ __(5)52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351 et seq.).
__ __(6)52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009)(41 U.S.C. 351 et seq.).
__ __(7)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).
__ __(8)52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 20106) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-10, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007),(41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104 (g)).

X Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007)(41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraphs (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(IAW FAR 11.107(a))

52.225-18 PLACE OF MANUFACTURE (SEP 2006)

(IAW FAR 25.1101(f))

(a) Definitions. As used in this clause— “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.

(b) 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.

52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR LISTED END PRODUCTS (FEB 2001) (IAW FAR 22.1505(a))

(b) Listed End Products.

Listed End Product

Listed Countries of Origin

(c) Certification. The Government will not make award to an offeror unless the offeror, by checking the appropriate block, certifies to either paragraph (c)(1) or paragraph (c)(2) of this provision.

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

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

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)

(IAW FAR 19.309(d))

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA 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:

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

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

D. CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS

D.1 STATEMENT OF WORK

STATEMENT OF WORK – UNDERGROUND MINE RESCUE COMMUNICATIONS VEHICLE

PART 1

GENERAL INFORMATION

Note to Offeror: Offeror shall explicitly and completely identify any and all exceptions taken to the requirements of this specification. Drawings, literature, and any other information submitted with an offer do not constitute a stated or implied exception unless specifically identified in writing as an exception and accepted and implemented by an amendment to the solicitation or modification to a contract. Any exception deemed acceptable by the Government shall only apply to the specific item, requirement, etc. cited, and shall not extend to any other requirement.

Offeror offering other than brand name items identified below, when an “or equal” may be acceptable, shall furnish with their offers all technical data information, product descriptions, etc. to ensure that a determination may be made as to the equality of the product(s) offered (see clause titled Brand “Name or Equal” set forth in Section 52.211-6 of the GSA Acquisition Regulations.)

1.0 BACKGROUND INFORMATION

MSHA’s mission within the Department of Labor (DOL) is to protect the safety and health of the nation’s miners under the mandates of the Federal Mine Safety and Health Act of 1977 (Mine Act) as amended by the Mine Improvement and New Emergency Response Act of 2006 (MINER Act) 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 14,000 mines.

As a regulatory organization, MSHA’s jurisdiction includes the nation’s mining industry which consists of coal, metal, and nonmetal mines, including both underground and surface operations. Currently there are over 2,000 coal mines and 12,000 metal/ nonmetal mines located in the U.S. More than 300,000 people work directly in the mining sector in the United States and, according to the National Mining Association; almost five million jobs are created as a result of employment in the industries that support mining.

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

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

1.1 OBJECTIVES

Secretary of Labor Hilda Solis has established the Safe and Healthy Workplaces outcome goal for DOL whereby MSHA utilizes a three-part strategy to ensure that the nation’s mines are safe and healthy: training, compliance, and enforcement. A key strategy for accomplishing timely and effective mine emergency response is to ensure that MSHA first responders are adequately equipped.

Since the 1970s, major mine emergencies have become relatively rare events in the United States and there has been a corresponding decrease in the number of people who have hands-on response experience. This gap in expertise and having a central hub for information gathering could have serious consequences during future responses. Managers, engineers and technicians who are responsible for day-to-day operations may suddenly be called on to act as command center liaisons with little or no previous experience in that role. The lack of adequate organized information at the event site could endanger the workers who were present when the emergency occurred and also those called upon to respond. It is necessary during these events to have the ability to gather and decipher information quickly and effectively.

The overall objective of this effort is to build an Underground Mine Rescue Communications Vehicle (UMRCV) that will aid mine rescue teams in quickly and safely advancing to the working section of the mine or wherever the missing trapped miners were last or are thought to be. The UMRCV will be able to pull a trailer that carries all the commutation equipment to keep the mine rescue teams in contact with the command center.

The UMRCV could be deployed anywhere in the continental United States where an Event might occur. The UMRCV ultimately will be operated by MSHA Mine Emergency Unit. The vehicle must be approved through MSHA and meet all state requirement, including PA for outby use in an underground coal mine. It will be rugged, be diesel powered, and be able to stand up the underground mining environment and be small enough to fit into some of the lower mines.

SCOPE

The UMRCV must meet all MSHA and State approval requirements and be constructed to be able to operate underground in a hostile coal mine environment. The vehicle must be of significant strength and construction to withstand the rigors of underground mine entries and will be used to transport persons and provide power for equipment. The vehicle must also have the capability of pulling a communications trailer that will haul specialized equipment, cables, communication equipment and computers.

Upon completion and after receiving final MSHA MEO Personnel approval, the vehicle shall be delivered by a United States Citizen to the following location:

MEO Building MSHA National Mine Academy 1301 Airport Road Beaver, WV 25813

Monitoring of performance will be carried out by the Contracting Officer’s Representative (COR) and MSHA MEO Personnel in coordination as appropriate with the contractor’s point of contact.

1.3 PERIOD OF PERFORMANCE

The period of performance shall be for ten (10) months from which to contract is awarded. Delivery of the UMRCV is expected prior to the end of this one year period.

1.3.1 QUALITY CONTROL

The contractor shall develop and maintain an effective quality control program to ensure services and products are performed in accordance with this SOW. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective products. The contractor’s quality control program is the means by which they assure themselves that their work complies with the requirement of the contract. The Quality Control Plan is to be delivered with the contractors’ proposal. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.3.2 Delivery and Acceptance

The finished product trailer will be ready to deploy based upon the specifications and delivered to: MEO Building, MSHA National Mine Academy, 1301 Airport Road, Beaver, WV 25813.

Delivery to be FOB:DEST. All shipping/transportation costs to be covered by the Contractor.

The Government reserves the right to inspect work at any time during the project. An authorized MSHA representative will perform inspection and acceptance of the unit when delivered.

The Government reserves the right to an inspection period of 7 calendar days upon delivery of the unit. Any need for modifications identified in the inspection process shall be completed within 10 calendar days.

MSHA Mine Emergency Operation (MEO) Personnel will be notified for each of the following milestones:

- Final UMRCV design prior to commencement of construction
- Prior to shipment

Upon notification of the above milestones and at anytime during construction, MSHA MEO Personnel reserve to right to conduct a site evaluation of the vehicle before construction can continue. MSHA MEO Personnel will evaluate the construction process according to the submitted design along with conducting an evaluation on the workmanship being performed. The contractor is responsible to correct any deficiencies that do not meet the agreed upon design criteria.

1.3.3 RECOGNIZED HOLIDAYS– Not Applicable

1.3.4 HOURS OF OPERATION– Not Applicable

1.3.5 PLACE OF PERFORMANCE

The work to be performed under this contract will be conducted at the manufacturer’s specified location.

1.3.6 TYPE OF CONTRACT

This is a Fixed Price (FFP) contract.

1.3.7 SECURITY REQUIREMENTS – Not Applicable

1.3.8 SPECIAL QUALIFICATIONS – Not Applicable

1.3.9 CONTRACTING OFFICER REPRESENTATIVE

The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to 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.

1.3.10 KEY PERSONNEL

The Key Personnel for this project will be the COR and MSHA MEO Personnel.

1.3.11 CONTRACTING PERSONNEL – Not Applicable

PART 2

DEFINITIONS & ACRONYMS

CO – Contracting Officer

COR - Contracting Officer’s 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

GVWR—Gross Vehicle Weight Rating

HVAC—High Ventilation Air Conditioning

IDIQ—Indefinite Delivery Indefinite Quantity

IT—Information Technology

LAN-Local area network

MEO-Mine Emergency Operations

MSHA-Mine Safety and Health Administration

OAH—Overall Height

OAL—Overall Length

OASAM—Office of the Assistant Secretary for Administration and Management

OAW—Overall Width

OEM – Original Equipment Manufacturer

OMB—Office of Management and Budget

PEIR—Program Evaluation and Information Resources

PIV—Personal Identity Verification

POP—Period of Performance

QC-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

UMRCV - Underground Mine Rescue Communications Vehicle

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.0 GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 INFORMATION SOURCES

Knowledgeable MSHA MEO personnel will be made available to assist Contractor personnel in obtaining information pertinent to this SOW. The Contractor will be provided all necessary documentation pertinent to the performance of the specified tasks.

3.2 APPLICABLE DOCUMENTS

FEDERAL STANDARDS AND CODES

Code of Federal Regulations Title 30 CFR

PART 4

SPECIFIC TASKS

TASKS

The following tasks are required under this Contract.

Design, construct, and delivery of MSHA MEO UNDERGROUND MINE RESCUE COMMUNICATIONS VEHICLE as specified in this SOW.

PART 5

CONTRACTOR FURNISHED ITEMS AND SERVICES

5.0 UUMRCV GUIDELINE SPECIFICATIONS (EQUIVALENT QUALITY UNLESS OTHERWISE NOTED)

5.1 General Layout

Fit at least 1 driver and 3 passengers Narrow 5’ or less Top speed between 12 and 20 mph Able to pull trailers with 2 5/16 ball Meet or Exceed all MSHA and State requirements for outby use in underground coal mines Vehicle is to be painted PPG Bahama Blue

5.2 Additional Requirements

2” receiver hitch minimum No more than 15’ long Under 3000 lbs Able to climb minimum of 18% grade Adequate fire suppression system Drivers Seat Seat assemblies with cushions and slides Grate rear clip including engine compartment Storage box in lieu of SCSR Box Storage box, lift off lid, detachable mounts, handles, 6 3/16 “high, 13 ½” wide, 19 3/8” wide 4000# Winch, installed 1500 W inverter and 120VAC Outlet Hydraulic power take off unit Minimum 9 gal diesel tank 2000 lb payload capacity

5.3 BRAKES

Enclosed wet disc brakes Four wheel brakes, all wheel braking Hyd. pump front brake release kit Automatic parking brake Hydrostatic hold back on all four wheels

5.4 ENGINE

Diesel engine, Isuzu 4 cylinder liquid cooled or equivalent 41 horse power diesel engine, minimum Engine installed in rear of vehicle

5.5 POWERTRAIN

Hydrostatic drive Hydrostatic 4 wheel drive with traction lock Positive traction kit

5.6 SUSPENSION

Lift Kit, minimum ground clearance of 9” Four wheel suspension Front - rubber mounted axle with air ride, heavy duty shocks Rear – HD leaf springs, heavy duty shocks, overload bumpers Control kit for air bags, including an on-board air compressor and switch on dash panel for easy inflations from drivers seats Power assisted steering kit

5.7 TIRES

Front 26 x 12x12 Rear 23 x 8.5 x 12 Skid Steer 1 spare front tire and 1 spare rear tire All tires foam filled

5.8 SAFETY SYSTEMS

Strobe light kit Back-up alarm Halogen headlights, minimum of two front and two rear

5.9 WARRANTY

A minimum of a 1 year Manufacturer’s Warranty

5.10 TESTING

5.10.1 COMPLETED VEHICLE WEIGHT

The vehicle shall be weighed to determine the curb weight. The distribution of curb weight on the axles shall be determined.

5.10.2 PRE-SERVICE INSPECTION

The contractor shall perform a pre-service inspection of the production vehicles based, as a minimum, on TMC RP 803- Pre-Service Vehicle Inspection. All items listed in RP 803 shall be inspected and verified as satisfactory with all adjustments noted and verifications that all needed repairs have been made. The contractor’s own form may be used in lieu of the form in RP 803 if the contractor’s inspection form includes, as a minimum, all the inspection criteria in RP 803 applicable to the vehicle. A copy of this completed inspection form shall be made available to any government inspector, and shall be kept in the vehicle as part of the documentation shipped with the vehicle.

5.10.3 VOCATIONAL TEST

All equipment shall be functionally tested and verified to operate in accordance with manufacturer’s operating instructions and to the government’s satisfaction. All electrical equipment shall be tested and verified to operate to the government’s satisfaction.

5.11 WORKMANSHIP

A. Vehicles shall be free from defects that may impair their serviceability or detract from appearance.

B. All bodies, systems, equipment and interfaces with the chassis shall be done in accordance with the OEM ’s Body Builders Book. Whenever dissimilar metals are used, they shall be insulated against corrosive action.

C. All components shall be new. Defective components shall not be furnished. Parts, equipment, and assemblies, which have been repaired or modified to overcome deficiencies, shall not be furnished without the approval of the purchaser. Component parts and units shall be manufactured to definite standard dimensions with proper fits, clearances and uniformity. Welded, bolted, and riveted construction utilized shall be in accordance with the highest standards of industry. General appearance of the vehicle shall not show any evidence of poor workmanship.

D. The following shall be reason for rejection:

1. Rough, sharp or unfinished edges, burrs, seams, corners, and joints.

2. Non-uniform panels. Edges that are not radiused, beveled, etc.

3. Paint runs, sags, orange peel, “fish eyes ”, etc.., and any other imperfection or lack of complete coverage of paints or coatings.

4. Body panels or components that are uneven, unsealed, or contain cracks, dents or have voids.

5. Misalignment of body fasteners, glass, viewing panels, light housings, other items with large or uneven gaps, spacing etc. such as door, body panels and hinged panels.

6. Improperly fabricated and routed wiring or harnesses, and electrical connections.

7. Improperly supported or secured hoses, wiring harnesses, mechanical controls etc., including interference with other components.

8. Interference of chassis components, body parts, doors, etc.

9. Leaks of any gas, vacuum, or fluid lines (air conditioning, coolant, oil, etc.).

10. Noise, panel vibrations etc.

11. Inappropriate or incorrect use of hardware, fasteners, components, or methods of construction.

12. Incomplete or improper welding, riveting or bolting.

13. Lack of uniformity and symmetry where applicable.

14. Loose, vibrating, abrading body parts, components, subassemblies, hoses, wiring harnesses or trim.

15. Improper body design or interface with the chassis that could cause injury during normal use or maintenance, and which fail to provide access to perform routine or mandatory repairs or maintenance on vehicle electrical and mechanical systems. In addition, the improper combination of options which by their combination and installation are inherently incompatible with regard to function or safety.

16. Sagging non-form fitting upholstery or padding, holes, tears, discoloration, etc.

17. Incomplete or incorrect application of rust proofing.

18. Visual deformities and equipment malfunctions.

19. Unsealed appurtenances or other body components, gaskets, etc.

20. In addition, any deviation from specification requirements or any other item, whether or not stipulated herein, that affects form, fit, function, finish, durability, reliability, safety, performance or appearance shall be cause for rejection.

5.12 OPERATOR’S SERVICING AND PARTS MANUALS

One (1) chassis OEM operator’s manual and full shop parts and service manuals for the vehicle chassis shall be furnished with the vehicle. Both a hard copy and CD versions of all the manuals shall be provided. In addition, operating manuals for all body installed equipment/systems and components shall be furnished with each vehicle. Literature shall include all systems and component items furnished on the vehicle including but not limited to the following: the Operator’s Manual, Service Manual, Parts Catalog, Lubrication Charts, hydraulic system, generator system, converter, breaker panel, lighting components, a/c system, heater system, and any other component furnished. The service manuals shall include 12 VDC and 115 VAC as built wiring diagrams. One copy of the wiring diagram shall be laminated and secured in the vehicle at a location approved at the design meeting, it shall include the location of all fuse blocks, circuit breakers, electrical buses, and main wiring centers for the vehicle as well as the location of all grounding points for the vehicle.

PART 6

SPECIFIC TASKS

The contractor shall participate in a post award technical review meeting. Attendees typically include, but are not limited to, MSHA engineering personnel, agency end user representative(s), and contracting personnel. The meeting shall be scheduled by the MSHA as soon after award of contract as practicable, but no more than 10 business days after award of contract.

The following is the set of tasks required under this Contract:

TASK

DELIVERABLE

Final vehicle design prior to commencement of construction 30 days after award Final delivery and acceptance of completed vehicle Within 9 month after award

PART 7

ADDITIONAL OFFEROR REQUIREMENTS

The following shall be provided with the offer:

Detailed explanation, listed in a separate letter, of any exceptions to the specification, including alternate equipment proposed or a declaration of comprehensive understanding of the requirements with no exceptions taken.

The offeror shall submit with the offer preliminary drawings that show the following:

Exterior front, rear, and side and plan views with overall dimensions.

Estimated curb weight and maximum GVW. The total equipment loading shall be used to determine GVWR and GAWR.

Estimated weight distribution at each axle.

Documented evidence of quality assurance procedures or system

PART 8

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:

National Electric Code MSHA Approval and certification All State Requirements, including PA

E. SOLICITATION PROVISIONS, REPRESENTATIONS, INSTRUCTIONS, AND EVALUATIONS

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

(IAW FAR 12.301(b)(1))

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

(2)

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

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

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

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

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

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

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

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