DOL134RQ20105_110512.pdf

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 41

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

464-13MR-3011/494467

DOL134RQ20105 11-5-2012

Sherman Mayle 304-256-3367 12-5-2012

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 100

X

325120

1000 Employees

N/A

X

MSHA

See Continuation Page

MSHA

See Item 9

MSHA

MSHA Finance Branch - Denver

U.S. Department of Labor

PO Box 25367

Denver CO 80225-0367

X

See CONTINUATION Page

See Continuation Page

See CONTINUATION Page

X X

Mayle.Sherman 2:00pm

Table of Contents

SECTION A ...................................................................................................................................................... A-1

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS ...................... A-1

A.2 PRICE/COST SCHEDULE.…………………………………………………………………...p.3-p.14

A.3 DELIVERY SCHEDULE………………………………………………………………………….p.15

Contract Clauses………………………………………………………………………………………..p.16

52.216-18 Ordering……………………………………………………………………………………..p.21

52.216-19 Order Limitations…………………………………………………………………………...p.21

Option to Extend the Term of the Contract……………………………………………………………..p.23

Statement of Work……………………………………………………………………………………...p.24

Electronic Invoicing Procedures………………………………………………………………………..p.26

Solicitation Provisions………………………………………………………………………………….p.28

Evaluation Instructions…………………………………………………………………………………p.28

Electronic Proposal Instructions………………………………………………………………………..p.41

Site Visit Instructions…………………………………………………………………………………..p.41

DOL134RQ20105

p. 3

CONTINUATION PAGE

A.2 PRICE/COST SCHEDULE

The Government contemplates award of a single Requirements contract with firm-fixed price Delivery Orders.

The Terms and Conditions of this Parent contract are incorporated into any Delivery Orders placed against it.

The Prices incorporated in this schedule are totals of the estimate number of gas cylinders to be required during each period, derived from the completed Worksheets.

ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT

NO. SUPPLIES/SERVICES PRICE

1 1.00 JA ____________________ _____________________

Purchase of Full Gas Cylinders as described in Paragrah 2(g)(i) of the

Statement of Work.

2 1.00 JA ____________________ _____________________

Refilling Services for Base Period

(2/1/13-1/31/14)

3 1.00 JA ____________________ _____________________

Refilling Services for Option Period 1

(2/1/14-1/31/15)

4 1.00 JA ____________________ _____________________

Refilling Services for Option Period 2

(2/1/15-1/31/16)

5 1.00 JA ____________________ _____________________

Refilling Services for Option Period 3

(2/1/16-1/31/17)

6 1.00 JA ____________________ _____________________

Refilling Services for Option Period 4

(2/1/17-1/31/18)

GRAND TOTAL ---

p. 4

CYLINDER INVENTORY WORKSHEET #1

Complete for Item No. 1

CYLINDER

SIZE CYLINDER CONTENT

Required Cylinders

Cylinder Cost (gas included)

K *Carbon Monoxide 866.9/Carbon Dioxide 8.794% Nitrogen Balance 1

K *Methane 10% Nitrogen Balance 1

K Ultra High Purity Nitrogen 1

T Argon 1

K Compressed Methane 93% 1

100# *Propane 100% 1

K Oxygen 17.56 PPM/Nitrogen Balance 1

K Carbon Dioxide 12.88% Carbon Monoxide 1670 PPM 1

K Carbon Monoxide 0.4944% Nitrogen Balance 1

K Carbon Monoxide 2513 PPM/Nitrogen Balance 1

K Carbon Monoxide 10.3% Nitrogen Balance 1

K Methane 0.9931% Nitrogen Balance 1

K Carbon Dioxide 15.04% Nitrogen Balance 1

K Nitric Oxide 2009 PPM/Nitrogen Balance 1

K Carbon Monoxide 1965 PPM/Nitrogen Balance 1

K Nitric Oxide 859 PPM/Nitrogen Balance 1

K Carbon Monoxide 1005 PPM/Nitrogen Balance 1

K Methane 2.980% Nitrogen Balance 1

K Carbon Dioxide 3.010% Nitrogen Balance 1

K Nitric Oxide 1461 PPM/Nitrogen Balance 1

K Carbon Dioxide 17.01% Carbon Monoxide Balance 1

K Nitric Oxide 1001 PPM/Nitrogen Balance 1

K Nitric Oxide 302 PPM/Nitrogen Balance 1

K Methane 2.944% Nitrogen Balance 1

K Methane 10.12% Nitrogen Balance 1

K Methane 1.551/Nitrogen Balance 1

K Methane .4910/Nitrogen Balance 1

K Nitric Oxide 1460/Nitrogen Balance 1

K Nitric Oxide 845.5/Nitrogen Balance 1

K 13.05% Carbon Dioxide/1719 Carbon Monoxide/Nitrogen Balance 1

K 8.93% Carbon Dioxide 821.5 Carbon Monoxide/Nitrogen Balance 1

K CO/Bal Nitrogen 1

K .25% Methane in Air 1

K .2% Methane in Air 1

* indicates plus or minus 1% certified

Total Cylinders to be purchased from Contractor 34

Total Cost = Total cost of cylinders, full of specified gas, inclusive of all associated fees and delivery costs $

p. 5

CYLINDER INVENTORY WORKSHEET #2

Complete one for each period pricing for Line Item Numbers 2-6

Period Quoted:_Item 2, Base Period (_2/1/13-1/31/14_)

SIZE CYLINDER CONTENT Rent

REFILL

CHARGE

APPROX #

REFILLS TOTAL CHARGE

K *Carbon Monoxide 866.9/Carbon Dioxide 8.794% Nitrogen Balance 1 1 $

BL Hydrogen 41.4% Methane Balance 1 1 $

BL Methane 3% Nitrogen Balance 1 1 $

K Nitrogen 1 1 $

BL Methane/Nitrogen 1 1 $

K *Methane 10% Nitrogen Balance 1 1 $

K *Compressed Nitrogen 1 1 $

A *Nitric Oxide 859PPM/Nitrogen Balance 1 1 $

K *Nitrogen Dioxide 95% Nitrogen Balance 1 1 $

K Ultra High Purity Nitrogen 1 1 $

T Argon 1 1 $

WSL Actelyne 1 1 $

K Ultra High Purity Methane 1 2 $

K Compressed Methane 93% 1 1 $

K Breathing Air 1 3 $

K Compressed Oxygen 1 1 $

K *Oxygen 13% Nitrogen Balance 1 1 $

K *Oxygen 15% Nitrogen Balance 1 1 $

K *Oxygen 17% Nitrogen Balance 1 1 $

K *Oxygen 19% Nitrogen Balance 1 1 $

K *Oxygen 20.88% Nitrogen Balance 1 1 $

K *Propane 5.12% Nitrogen Balance 1 1 $

100# *Propane 100% 1 1 $

K Oxygen 17.56 PPM/Nitrogen Balance 1 1 $

K Carbon Dioxide 12.88% Carbon Monoxide

1670 PPM 1 1 $

K Carbon Monoxide 0.4944% Nitrogen Balance 1 1 $

K Carbon Monoxide 2513 PPM/Nitrogen Balance 1 1 $

K Carbon Monoxide 10.3% Nitrogen Balance 1 1 $

K Methane 0.9931% Nitrogen Balance 1 1 $

K Carbon Dioxide 15.04% Nitrogen Balance 1 1 $

K Nitric Oxide 2009 PPM/Nitrogen Balance 1 1 $

K Carbon Monoxide 1965 PPM/Nitrogen Balance 1 1 $

K Nitric Oxide 859 PPM/Nitrogen Balance 1 1

K Carbon Monoxide 1005 PPM/Nitrogen Balance 1 1 $

K Methane 2.980% Nitrogen Balance 1 1 $

p. 6

K Carbon Dioxide 3.010% Nitrogen Balance 1 1 $

K Nitric Oxide 1461 PPM/Nitrogen Balance 1 1 $

K Carbon Dioxide 17.01% Carbon Monoxide Balance 1 1 $

K Nitric Oxide 1001 PPM/Nitrogen Balance 1 1 $

K Nitric Oxide 302 PPM/Nitrogen Balance 1 1 $

K Methane 2.944% Nitrogen Balance 1 1 $

K Methane 10.12% Nitrogen Balance 1 1 $

K Methane 1.551/Nitrogen Balance 1 1 $

K Methane .4910/Nitrogen Balance 1 1 $

K Nitric Oxide 1460/Nitrogen Balance 1 1 $

K Nitric Oxide 845.5/Nitrogen Balance 1 1 $

K 13.05% Carbon Dioxide/1719 Carbon Monoxide/Nitrogen Balance 1 1 $

K 8.93% Carbon Dioxide 821.5 Carbon Monoxide/Nitrogen Balance 1 1 $

K CO/Bal Nitrogen 1 1 $

K .25% Methane in Air 1 1 $

K .2% Methane in Air 1 1 $

K 250 PPM N0 2 in N2, size 170 liters 1 1 $

K 1000 PPM NO in N2, size 170 liters 1 1 $

K 2000 PPM CO in N2, size 170 liters 1 1 $

K Specialty Gas 1 2 $

TOTAL $

p. 7

Period Quoted:_Item 3, Option Period 1 Period (_2/1/14-1/31/15_)

REFILL

CHARGE

APPROX #

REFILLS TOTAL CHARGE

K *Carbon Monoxide 866.9/Carbon Dioxide 8.794% Nitrogen Balance 1 1 $

BL Hydrogen 41.4% Methane Balance 1 1 $

BL Methane 3% Nitrogen Balance 1 1 $

K Nitrogen 1 1 $

BL Methane/Nitrogen 1 1 $

K *Methane 10% Nitrogen Balance 1 1 $

K *Compressed Nitrogen 1 1 $

A *Nitric Oxide 859PPM/Nitrogen Balance 1 1 $

K *Nitrogen Dioxide 95% Nitrogen Balance 1 1 $

K Ultra High Purity Nitrogen 1 1 $

T Argon 1 1 $

WSL Actelyne 1 1 $

K Ultra High Purity Methane 1 2 $

K Compressed Methane 93% 1 1 $

K Breathing Air 1 3 $

K Compressed Oxygen 1 1 $

K *Oxygen 13% Nitrogen Balance 1 1 $

K *Oxygen 15% Nitrogen Balance 1 1 $

K *Oxygen 17% Nitrogen Balance 1 1 $

K *Oxygen 19% Nitrogen Balance 1 1 $

K *Oxygen 20.88% Nitrogen Balance 1 1 $

K *Propane 5.12% Nitrogen Balance 1 1 $

100# *Propane 100% 1 1 $

K Oxygen 17.56 PPM/Nitrogen Balance 1 1 $

K Carbon Dioxide 12.88% Carbon Monoxide

1670 PPM 1 1 $

K Carbon Monoxide 0.4944% Nitrogen Balance 1 1 $

K Carbon Monoxide 2513 PPM/Nitrogen Balance 1 1 $

K Carbon Monoxide 10.3% Nitrogen Balance 1 1 $

K Methane 0.9931% Nitrogen Balance 1 1 $

K Carbon Dioxide 15.04% Nitrogen Balance 1 1 $

K Nitric Oxide 2009 PPM/Nitrogen Balance 1 1 $

K Carbon Monoxide 1965 PPM/Nitrogen Balance 1 1 $

p. 8

K Carbon Dioxide 3.010% Nitrogen Balance 1 1 $

K Nitric Oxide 1461 PPM/Nitrogen Balance 1 1 $

K Carbon Dioxide 17.01% Carbon Monoxide Balance 1 1 $

K Nitric Oxide 1001 PPM/Nitrogen Balance 1 1 $

K Nitric Oxide 302 PPM/Nitrogen Balance 1 1 $

K Methane 2.944% Nitrogen Balance 1 1 $

K Methane 10.12% Nitrogen Balance 1 1 $

K Methane 1.551/Nitrogen Balance 1 1 $

K Methane .4910/Nitrogen Balance 1 1 $

K Nitric Oxide 1460/Nitrogen Balance 1 1 $

K Nitric Oxide 845.5/Nitrogen Balance 1 1 $

K 13.05% Carbon Dioxide/1719 Carbon Monoxide/Nitrogen Balance 1 1 $

K 8.93% Carbon Dioxide 821.5 Carbon Monoxide/Nitrogen Balance 1 1 $

K CO/Bal Nitrogen 1 1 $

K .25% Methane in Air 1 1 $

K .2% Methane in Air 1 1 $

K 250 PPM N0 2 in N2, size 170 liters 1 1 $

K 1000 PPM NO in N2, size 170 liters 1 1 $

p. 9

Period Quoted: Item 4, Option Period 2 (_2/1/15-1/31/16_)

REFILL

CHARGE

APPROX #

REFILLS TOTAL CHARGE

K *Carbon Monoxide 866.9/Carbon Dioxide 8.794% Nitrogen Balance 1 1 $

BL Hydrogen 41.4% Methane Balance 1 1 $

BL Methane 3% Nitrogen Balance 1 1 $

K Nitrogen 1 1 $

BL Methane/Nitrogen 1 1 $

K *Methane 10% Nitrogen Balance 1 1 $

K *Compressed Nitrogen 1 1 $

A *Nitric Oxide 859PPM/Nitrogen Balance 1 1 $

K *Nitrogen Dioxide 95% Nitrogen Balance 1 1 $

K Ultra High Purity Nitrogen 1 1 $

T Argon 1 1 $

WSL Actelyne 1 1 $

K Ultra High Purity Methane 1 2 $

K Compressed Methane 93% 1 1 $

K Breathing Air 1 3 $

K Compressed Oxygen 1 1 $

K *Oxygen 13% Nitrogen Balance 1 1 $

K *Oxygen 15% Nitrogen Balance 1 1 $

K *Oxygen 17% Nitrogen Balance 1 1 $

K *Oxygen 19% Nitrogen Balance 1 1 $

K *Oxygen 20.88% Nitrogen Balance 1 1 $

K *Propane 5.12% Nitrogen Balance 1 1 $

100# *Propane 100% 1 1 $

K Oxygen 17.56 PPM/Nitrogen Balance 1 1 $

K Carbon Dioxide 12.88% Carbon Monoxide

1670 PPM 1 1 $

K Carbon Monoxide 0.4944% Nitrogen Balance 1 1 $

K Carbon Monoxide 2513 PPM/Nitrogen Balance 1 1 $

K Carbon Monoxide 10.3% Nitrogen Balance 1 1 $

K Methane 0.9931% Nitrogen Balance 1 1 $

K Carbon Dioxide 15.04% Nitrogen Balance 1 1 $

K Nitric Oxide 2009 PPM/Nitrogen Balance 1 1 $

K Carbon Monoxide 1965 PPM/Nitrogen Balance 1 1 $

p. 10

K Carbon Dioxide 3.010% Nitrogen Balance 1 1 $

K Nitric Oxide 1461 PPM/Nitrogen Balance 1 1 $

K Carbon Dioxide 17.01% Carbon Monoxide Balance 1 1 $

K Nitric Oxide 1001 PPM/Nitrogen Balance 1 1 $

K Nitric Oxide 302 PPM/Nitrogen Balance 1 1 $

K Methane 2.944% Nitrogen Balance 1 1 $

K Methane 10.12% Nitrogen Balance 1 1 $

K Methane 1.551/Nitrogen Balance 1 1 $

K Methane .4910/Nitrogen Balance 1 1 $

K Nitric Oxide 1460/Nitrogen Balance 1 1 $

K Nitric Oxide 845.5/Nitrogen Balance 1 1 $

K 13.05% Carbon Dioxide/1719 Carbon Monoxide/Nitrogen Balance 1 1 $

K 8.93% Carbon Dioxide 821.5 Carbon Monoxide/Nitrogen Balance 1 1 $

K CO/Bal Nitrogen 1 1 $

K .25% Methane in Air 1 1 $

K .2% Methane in Air 1 1 $

K 250 PPM N0 2 in N2, size 170 liters 1 1 $

K 1000 PPM NO in N2, size 170 liters 1 1 $

p. 11

Period Quoted: Item 5, Option Period 3 (_2/1/16-1/31/17_)

REFILL

CHARGE

APPROX #

REFILLS TOTAL CHARGE

K *Carbon Monoxide 866.9/Carbon Dioxide 8.794% Nitrogen Balance 1 1 $

BL Hydrogen 41.4% Methane Balance 1 1 $

BL Methane 3% Nitrogen Balance 1 1 $

K Nitrogen 1 1 $

BL Methane/Nitrogen 1 1 $

K *Methane 10% Nitrogen Balance 1 1 $

K *Compressed Nitrogen 1 1 $

A *Nitric Oxide 859PPM/Nitrogen Balance 1 1 $

K *Nitrogen Dioxide 95% Nitrogen Balance 1 1 $

K Ultra High Purity Nitrogen 1 1 $

T Argon 1 1 $

WSL Actelyne 1 1 $

K Ultra High Purity Methane 1 2 $

K Compressed Methane 93% 1 1 $

K Breathing Air 1 3 $

K Compressed Oxygen 1 1 $

K *Oxygen 13% Nitrogen Balance 1 1 $

K *Oxygen 15% Nitrogen Balance 1 1 $

K *Oxygen 17% Nitrogen Balance 1 1 $

K *Oxygen 19% Nitrogen Balance 1 1 $

K *Oxygen 20.88% Nitrogen Balance 1 1 $

K *Propane 5.12% Nitrogen Balance 1 1 $

100# *Propane 100% 1 1 $

K Oxygen 17.56 PPM/Nitrogen Balance 1 1 $

K Carbon Dioxide 12.88% Carbon Monoxide

1670 PPM 1 1 $

K Carbon Monoxide 0.4944% Nitrogen Balance 1 1 $

K Carbon Monoxide 2513 PPM/Nitrogen Balance 1 1 $

K Carbon Monoxide 10.3% Nitrogen Balance 1 1 $

K Methane 0.9931% Nitrogen Balance 1 1 $

K Carbon Dioxide 15.04% Nitrogen Balance 1 1 $

K Nitric Oxide 2009 PPM/Nitrogen Balance 1 1 $

K Carbon Monoxide 1965 PPM/Nitrogen Balance 1 1 $

p. 12

K Carbon Dioxide 3.010% Nitrogen Balance 1 1 $

K Nitric Oxide 1461 PPM/Nitrogen Balance 1 1 $

K Carbon Dioxide 17.01% Carbon Monoxide Balance 1 1 $

K Nitric Oxide 1001 PPM/Nitrogen Balance 1 1 $

K Nitric Oxide 302 PPM/Nitrogen Balance 1 1 $

K Methane 2.944% Nitrogen Balance 1 1 $

K Methane 10.12% Nitrogen Balance 1 1 $

K Methane 1.551/Nitrogen Balance 1 1 $

K Methane .4910/Nitrogen Balance 1 1 $

K Nitric Oxide 1460/Nitrogen Balance 1 1 $

K Nitric Oxide 845.5/Nitrogen Balance 1 1 $

K 13.05% Carbon Dioxide/1719 Carbon Monoxide/Nitrogen Balance 1 1 $

K 8.93% Carbon Dioxide 821.5 Carbon Monoxide/Nitrogen Balance 1 1 $

K CO/Bal Nitrogen 1 1 $

K .25% Methane in Air 1 1 $

K .2% Methane in Air 1 1 $

K 250 PPM N0 2 in N2, size 170 liters 1 1 $

K 1000 PPM NO in N2, size 170 liters 1 1 $

p. 13

Period Quoted: Item 6, Option Period 4 (_2/1/17-1/31/18_)

REFILL

CHARGE

APPROX #

REFILLS TOTAL CHARGE

K *Carbon Monoxide 866.9/Carbon Dioxide 8.794% Nitrogen Balance 1 1 $

BL Hydrogen 41.4% Methane Balance 1 1 $

BL Methane 3% Nitrogen Balance 1 1 $

K Nitrogen 1 1 $

BL Methane/Nitrogen 1 1 $

K *Methane 10% Nitrogen Balance 1 1 $

K *Compressed Nitrogen 1 1 $

A *Nitric Oxide 859PPM/Nitrogen Balance 1 1 $

K *Nitrogen Dioxide 95% Nitrogen Balance 1 1 $

K Ultra High Purity Nitrogen 1 1 $

T Argon 1 1 $

WSL Actelyne 1 1 $

K Ultra High Purity Methane 1 2 $

K Compressed Methane 93% 1 1 $

K Breathing Air 1 3 $

K Compressed Oxygen 1 1 $

K *Oxygen 13% Nitrogen Balance 1 1 $

K *Oxygen 15% Nitrogen Balance 1 1 $

K *Oxygen 17% Nitrogen Balance 1 1 $

K *Oxygen 19% Nitrogen Balance 1 1 $

K *Oxygen 20.88% Nitrogen Balance 1 1 $

K *Propane 5.12% Nitrogen Balance 1 1 $

100# *Propane 100% 1 1 $

K Oxygen 17.56 PPM/Nitrogen Balance 1 1 $

K Carbon Dioxide 12.88% Carbon Monoxide

1670 PPM 1 1 $

K Carbon Monoxide 0.4944% Nitrogen Balance 1 1 $

K Carbon Monoxide 2513 PPM/Nitrogen Balance 1 1 $

K Carbon Monoxide 10.3% Nitrogen Balance 1 1 $

K Methane 0.9931% Nitrogen Balance 1 1 $

K Carbon Dioxide 15.04% Nitrogen Balance 1 1 $

K Nitric Oxide 2009 PPM/Nitrogen Balance 1 1 $

K Carbon Monoxide 1965 PPM/Nitrogen Balance 1 1 $

p. 14

K Carbon Dioxide 3.010% Nitrogen Balance 1 1 $

K Nitric Oxide 1461 PPM/Nitrogen Balance 1 1 $

K Carbon Dioxide 17.01% Carbon Monoxide Balance 1 1 $

K Nitric Oxide 1001 PPM/Nitrogen Balance 1 1 $

K Nitric Oxide 302 PPM/Nitrogen Balance 1 1 $

K Methane 2.944% Nitrogen Balance 1 1 $

K Methane 10.12% Nitrogen Balance 1 1 $

K Methane 1.551/Nitrogen Balance 1 1 $

K Methane .4910/Nitrogen Balance 1 1 $

K Nitric Oxide 1460/Nitrogen Balance 1 1 $

K Nitric Oxide 845.5/Nitrogen Balance 1 1 $

K 13.05% Carbon Dioxide/1719 Carbon Monoxide/Nitrogen Balance 1 1 $

K 8.93% Carbon Dioxide 821.5 Carbon Monoxide/Nitrogen Balance 1 1 $

K CO/Bal Nitrogen 1 1 $

K .25% Methane in Air 1 1 $

K .2% Methane in Air 1 1 $

K 250 PPM N0 2 in N2, size 170 liters 1 1 $

K 1000 PPM NO in N2, size 170 liters 1 1 $

p. 15

A.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DATE OF DELIVERY

1 1.00 Per SOW

SHIP TO : 765 Technology Drive

Triadelphia

WV

26059

USA

MARK FOR: Dave Diegmiller

2-6 1.00 Per SOW

SHIP TO : 765 Technology Drive

Triadelphia

WV

26059

USA

MARK FOR: Dave Diegmiller

p. 16

CONTRACT CLAUSES

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

_________http://farsite.hill.af.mil___________________________________________________________

52.204-99 -- System for Award Management Registration (DEVIATION)

52.212-4 -- Contract Terms and Conditions -- Commercial Items (Feb 2012)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2012)

(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 (Sept 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 (JUL 2010) (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. 111-5).

[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).

p. 17

[] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2012) (41

U.S.C. 2313).

[] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of

Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161)

[] (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (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]

[X] (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (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)).

[] (ii) Alternate I (Oct 2001) of 52.219-9.

[] (iii) Alternate II (Oct 2001) of 52.219-9.

[] (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.)

[] (ii) Alternate I (June 2003) of 52.219-23.

[] (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).

p. 18

[] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

[X] (23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C 632(a)(2)).

[] (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns

(NOV 2011).

[] (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the

Women-Owned Small Business Program (NOV 2011).

[X] (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126).

[] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[] (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).

[] (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.)

[] (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).

[] (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).

[] (40)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

[] (ii) Alternate I (Jan 2004) of 52.225-3.

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[] (iii) Alternate II (Jan 2004) of 52.225-3.

[] (41) 52.225-5, Trade Agreements (NOV 2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the 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. 255(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).

[] (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.).

Employee Class Monetary Wage-Fringe Benefits

[] (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.).

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[] (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 this paragraph (e)(1) 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 2010) (38 U.S.C. 4212).

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

(vii) 52.222-40, 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)).

p. 21

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, Employee 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 paragraph (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.

52.216-18 – Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from

__2/1/13________ through ___1/31/18_________.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.

52.216-19 -- Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _$1,200.00_____,the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of ____$2,000.00_________;

(2) Any order for a combination of items in excess of __$30,000.00______;or

(3) A series of orders from the same ordering office within ____3_________ days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

Mayle.Sherman

Mayle.Sherman

Mayle.Sherman

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(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within

__3___ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 -- Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule (the Approval and Certification Center in Triadelphia, WV).

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and

Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after ___1/31/18___.

52.217-7 -- Option for Increased Quantity -- Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within _1 week before contract expiration_. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

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52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within _1 week before contract expiration__; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _60__ days before the contract expires. The preliminary notice does not commit the

Government to an extension.

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

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

____5 years_.

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A.6 CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

A.6.1 Statement of Work for Compressed Gas Cylinders

1. Scope.

a. Background. The Approval and Certification Center’s (A&CC) mission is to provide engineering and scientific capability to assist MSHA, States, and the mining industry in delineating technological mine safety and health problems, and conducting field investigations and laboratory studies to develop solutions to specific problems. The Center responds to requests for assistance on safety and health problems at coal and metal/non-metal mines in the United States involving their recognized expertise in a particular field of mine-related work. The Mine Safety and Health Administration’s (MSHA) mission is to administer the provisions of the Mine Act, enforce compliance with mandatory safety and health standards as a means to eliminate fatal accidents, reduce the frequency and severity of nonfatal accidents, minimize health hazards, and promote improved safety and health conditions in the nation’s mines.

b. Purpose. A&CC has various laboratories which run a full spectrum of samples obtained from the mining environment. Sophisticated equipment, which is used to conduct testing use large amounts of various compressed gases and liquids in order to operate.

2. Requirements.

a. Tasks. It is imperative that the supply of gases and liquids be of the proper mixture and in specific cylinders, which are in good operating conditions. These gases and liquids must be delivered on a regular basis to ensure the A&CC does not run short in supply. Upon completion of Contract Line Item 1 all cylinders on the A&CC premises will be government owned. The vendor would also be required to provide a 3-day response in relation to any gases running out.

b. Authorized issuers of Delivery Orders: Any warranted Contracting Officer for MSHA.

c. Completion of Item No.1 would require the contractor to sell and provide to the government the cylinders identified on Worksheet#1 with a full measure of the type of gas specified. Pricing for this line item will include the additional cost of the cylinder itself.

d. Replacement of Government owned Cylinders: Completion of Item No. 2 through 6 requires the contractor to replace empty gas cylinders with full gas cylinders during the exercised period upon receipt of a Delivery Order signed by a warranted Contracting Officer. When a government owned cylinder becomes empty it is swapped out with a contractor owned cylinder on the next delivery. The empty cylinder becomes the contractor’s property, and the full cylinder becomes the property of the government.

The anticipated procedure is as follows:

i. The contractor receives a Delivery Order to replace an empty cylinder.

ii. The contractor brings a replacement cylinder to A&CC and replaces the empty with a full one

iii. The empty cylinder becomes the contractor’s and the full cylinder becomes the government’s.

e. After each delivery, a copy of the delivery form identifying (at a minimum) date of delivery, type of gas delivered, and signature of government receiver is to be sent to MSHA Acquisition Mgmt, Beaver, WV.

The contract number must be referenced on the document.

f. Reports. All invoices will be sent to Denver, Colorado, Finance Department following the format provided in Section A.8.1 Invoicing Procedures. When requested or by the fifth business day of each

April, a report of all cylinder orders will be forwarded to the requester showing when cylinders were delivered, yearly total for each type of cylinder, and total supplied for the year.

p. 25

g. Deliverables. Compressed gases (e.g. helium, argon, nitrogen, hydrogen, etc., see attached spreadsheets for complete list). The number of cylinder refills during any period may change, but any change in quantities to this contract will be accompanied by a modification before delivery is required. Included in the worksheet #2 are the government owned cylinders, cylinder sizes and contents.

i. For Line Item 1: Offeror is to provide a quote to sell the cylinder, with specified gas, as identified on Worksheet #1 to the Government. This offered price is to include all associated fees and costs to provide these cylinders to the government, including but not limited to the refill charges per cylinder specification as well as hazmat charge per delivery and delivery charges.

ii. For Line Items 2 through 6, the offeror is required to provide gas cylinder refills upon receipt of

Delivery Orders as specified in Worksheet#2 for that period to the government as specified in the

Statement of Work. Included in the contract price is all associated fees and costs to replace these cylinders in accordance with this Statement of Work, the cost of replacement of specialty valve fees, bakeout of cylinders, and retest of cylinders. These cylinders are located at the following address: 765 Technology Drive, Triadelphia, WV 26059

h. Schedule. Gas will be delivered to the A&CC on Thursdays or if requested within 3 business days.

i. Period of Performance. The overall period of performance will be Base and four (4) Option Years. The contract is anticipated to be awarded by 2/1/2013 for a 12 month base period with 4 option years.

Aluminum cylinders available for use in the completion of this contract must be in good working order with deliveries being made to the various buildings on the A&CC campus and should be removed and filled by the vendor.

j. Contract prices will be inclusive of all costs including replacement of specialty valves, bakeout of cylinders, HAZMAT fees, Delivery charges, cylinder retest fees, etc.

k. The codes provided for Cylinder Size imply specific dimensions and weight. These can be reviewed at the following website:

http://www.boconline.co.uk/health/gas_safety/cylinder_weights_sizes/cylinder_sizes_weights.asp

3. Quality Assurance.

a. Contractor Quality Requirements. We require that each cylinder be inspected, baked out, and re-valved on recurring basis IAW industry standards.

b. Government Quality Assurance. Only designated personnel will be authorized to place orders against the gas contract and they will be specified for each contract year.

A.7 RESERVED

A.8 ADMINISTRATIVE DIRECTION

A.8.1 INVOICING PROCEDURES:

An original invoice shall be prepared and submitted to the Department of Labor (DOL) by email to:

DOL-MSHA@quickpay.dol.gov

1). Electronic PDF/TIFF Invoice Submittal

p. 26

In an effort to support the eCommerce initiative and expedite vendor payment processing, the DOL requires invoices to be submitted electronically.

The contractor shall:

a. Address the invoice to the appropriate e-mail address specified above.

b. Submit the invoice via attachment in PDF or TIFF format.

c. Submit only one invoice per electronic submittal.

d. Enter specific information in the subject line of the e-mail in the following format:

<Contractor Name>, MSHA, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice

Amount>

Example: ABC Co, MSHA, DOL00-00-X0000/X0000, Invoice Number AB-1298433, $15,000.00.

e. Submit a copy of the email with the attached invoice to the contracting officer’s representative (COR) at the COR email address specified in the contract.

f. Wait for either a success or failure e-mail response, regarding the invoice e-mail, before sending in another e-mail with the same invoice attachment.

The contractor MUST NOT:

a. Submit an invoice that exceeds the size limit of 16 megabytes (approximately 400-500 pages). However, if the invoice exceeds this limit, a summary invoice attachment of less than 16 megabytes should be e-mailed to the payment e-mail address above; while the detailed invoice, including any supplemental information, shall be sent to the COR or other representative at the address (specified in paragraph 2 below).

b. Submit an invoice that is heavy in shading or color.

1. An e-mailed PDF image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible.

2. An emailed TIFF image must be black and white.

c. Submit more than one attachment as subsequent attachments will not be recognized.

d. Submit more than one invoice in a single attachment.

General Information

Payment due dates will be calculated only from the date that invoices are received in the electronic invoicing e-mail box and determined to be proper invoices.

Inquiries regarding invoices should be e-mailed to MSHAInvoiceInquires@dol.gov. The relevant invoice must be attached to the inquiry e-mail and the subject line of the e-mail must state “INQUIRY,” followed by the information described in paragraph 1).d. above.

Example: INQUIRY: <Contractor Name>, MSHA, <Contract Number, BPA Call or Order Number>, Invoice

Number, <Invoice Amount>

Do NOT use the electronic invoicing e-mail address for inquiries about the invoice.

2). Paper Invoices submitted via fax or U.S. mail

Paper invoices should only be faxed or mailed when electronic email cannot be accomplished due to size limitations described above.

When invoices must be faxed due to e-mail size limitations, fax them to: [MSHA Finance at 303-231-5597

When paper invoices must be mailed due to e-mail size limitations, mail them to the following address:

mailto:InvoiceInquiriesXXX@dol.gov

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MSHA Finance

PO Box 25367, DFC

Denver, CO 80225-0367

52.232-99, Providing Accelerated Payment to Small Business Subcontractors (DEVIATION)

(a) This clause implements the temporary policy provided by OMB Policy Memorandum M- 12-16, Providing

Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(b) Upon receipt of accelerated payments from the Government, the contractor is required to pay all small business subcontractors on an accelerated timetable to the maximum extent practicable after receipt of invoice and all proper documents.

(c) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business.

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SOLICITATION PROVISIONS

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

___________ http://farsite.hill.af.mil________________________________________________

52.212-1 -- Instructions to Offerors -- Commercial Items (Feb 2012)

52.212-2 -- Evaluation -- Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

i) Relevant Experience (description of any experience providing similar services and no more than 2 references)

ii) Technical Qualifications (Description of minimal technical qualifications of company personnel providing service

iii) Price (Completion of Section A.2, as well as the submittal of a completed worksheet for each Line Item, Worksheet #1 or Worksheet # 2, as appropriate)

Relevant Experience and Technical Qualifications, when combined, are approximately equal to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

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52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS

(NOV 2011)

An offeror shall complete only…