SF_1449.Coveralls.PDF

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

i:' REQUISITION NUMBER IPAG~

OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 15-MSHA-COL-NAT-00 66

I 43

2. CONTRACT NO.

I~' AWARD/ 14. ORDER NUMBER 15. SOLICITATION NUMBER I:' SOLICITATION

EFFECTIVE DATE DOL-MSH- 15-R-0000 6 ISSUE DATE

06/16/2015

7. FOR SOLICITATION

~ i~. NAME lb. TELEPHONE NUMBER

(No collect calls)

I~' OFFER DUE DATEIOCAL TIMEINFORMATION CALL: Rhonda Sizemore 304-256-3538 07/17/2015 1500 ES a.ISSUED BY CODE IMSHA BECKLEY 10. THIS ACQUISITION IS 0 UNRESTRICTED OR (Z SET ASIDE: 100.00 % FOR:

US Department of Labor iz SMALL BUSINESS

INMEN-O_ED SMALL BUSINESS

o (\SB) ELIGIBLE UNDER THE INMEN-O_ED

1301 Airport Rd o HUBZONE SMALL ~MAI i RI J~INFR~ PROn.RAM NAICS: 3 1 52 2 8

Beaver WV 25813

BUSINESS OEDINSB

o SERVICE-DISABLED D 8(A) 500

VETERAN-O_ED SIZE STANDARD:

SMALL BUSINESS

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING

TION UNLESS BLOCK IS 013e. THIS CONTRACT IS A

MARKED RATED ORDER UNDER

14. METHOD OF SOLICITATION

o SEE SCHEDULE DPAS (15 CFR 700)

ORFQ DIFB IK RFP

15. DELIVER TO CODET 16. ADMINISTERED BY CODE iMSHA BECKLEY

Mulitiple CONUS Locations US Department of Labor 1301 Airport Rd Beaver WV 25813

17e. CONTRACTOR/ CODE I FACILlTYT

18e. PAYMENT IMLL BE MADE BY CODE I

OFFEROR CODE

TELEPHONE NO.

017b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHO_ IN BLOCK 18e UNLESS BLOCK BELOW

¡SCHECKED OSEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Solici tation for Coveralls

Offerors are cautioned not to use the line items below when providing their price proposal. These lines are representative of the CLINS that will appear on the BPA(s) . Pricing is to be submitted using the attached spreadsheet.

0001 Standard Coveralls per attached SOW. 1050 EA

Product/Service Code: H384 Continued .. .

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

25. ACCOUNTING AND APPROPRIATION DATA

16. TOTAL AWARD AMOUNT (For Govt. Use Only)

1Z27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1,52.212-4. FAR 52.212-3 AND 52.212-5 AREATIACHED. ADDENDA 12 ARE DARE NOTATIACHED.

o 27b. CONTRACTJPURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 is ATIACHED. ADDENDA 0 ARE 0 ARE NOT ATIACHED

1K28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 0 29. AWARD OF CONTRACT: OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), ALL ITEMS SET FORTH OR OTHERWISE IDENTiFIED ABOVE AND ON ANY ADDITIONAL INCLUDING ANY ADDITIONS OR CHANGES WlICH ARE SET FORTH SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. HEREIN, IS ACCEPTED AS TO ITEMS:

30e. SIGNATURE OF OFFEROR/CONTRCTOR 31e. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

130C. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print) 131C. DATE SIGNED

Deborah W. Worrells I

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA. FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

19. 20. 21, 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Fire Resistant Coveralls per attached SOW. 140 EA

Product/Service Code: H384

0003 Insulated Coveralls per attached SOW. 290 EA

Product/Service Code: H384

0004 Two Piece Coveralls per attached SOW. 350 EA

Product/Service Code: H384

0005 Bib Style Coveralls per attached SOW. 320 EA

Product/Service Code: H384

0006 Lightweight Coveralls per attached SOW. 230 EA

Product/Service Code: H384

1001 Standard Coveralls per attached SOW. 1050 EA

Product/Service Code: H384

1002 Fire Resistant Coveralls per attached SOW. 140 EA

Product/Service Code: H384

Continued .. .

32a. QUANTITY IN COLUMN 21 HAS BEEN o RECEIVED D INSPECTED D ACCEPTED AND CONFORMS TO THE CONTRACT EXCEPT AS NOTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

I

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 4. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

D COMPLETE D PARTIAL D FINAL

D PARTIAL o FINAL

38. SIR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY

41 a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YYIMMlD)

I

42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 212012) BACK

EFERENCE NO. OF DOCUMENT BEING CONTINUED

CONTINUATION SHEET DOL-MSH-15-R-00006

NAME OF OFFEROR OR CONTRCTOR

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Al (B) (C) (D) (E) (F)

1003 Insulated Coveralls per attached SOW. 290 EA

Product/Service Code: H384

1004 Two Piece Coveralls per attached SOW. 350 EA

Product/Service Code: H384

1005 Bib Style Coveralls per attached SOW. 320 EA

Product/Service Code: H384

1006 Lightweight Coveralls per attached SOW. 230 EA

Product/Service Code: H384

2001 Standard Coveralls per attached SOW. 1050 EA

Product/Service Code: H384

2002 Fire Resistant Coveralls per attached SOW. 140 EA

Product/Service Code: H384

2003 Insulated Coveralls per attached SOW. 290 EA

Product/Service Code: H384

2004 Two Piece Coveralls per attached SOW. 350 EA

Product/Service Code: H384

2005 Bib Style Coveralls per attached SOW. 320 EA

Product/Service Code: H384

2006 Lightweight Coveralls per attached SOW. 230 EA

Product/Service Code: H384

3001 Standard Coveralls per attached SOW. 1050 EA

Product/Service Code: H384

Continued .. .

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

EFERENCE NO. OF DOCUMENT BEING CONTINUED

CONTINUATION SHEET DOL-MSH-15-R-00006

NAME OF OFFEROR OR CONTRACTOR

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Al (B) (C) (D) (E) (F)

3002 Fire Resistant Coveralls per attached SOW. 140 EA

Product/Service Code: H384

3003 Insulated Coveralls per attached SOW. 290 EA

Product/Service Code: H384

3004 Two Piece Coveralls per attached SOW. 350 EA

Product/Service Code: H384

3005 Bib Style Coveralls per attached SOW. 320 EA

Product/Service Code: H384

3006 Lightweight Coveralls per attached SOW. 230 EA

Product/Service Code: H384

4001 Standard Coveralls per attached SOW. 1050 EA

Product/Service Code: H384

4002 Fire Resistant Coveralls per attached SOW. 140 EA

Product/Service Code: H384

4003 Insulated Coveralls per attached SOW. 290 EA

Product/Service Code: H384

4004 Two Piece Coveralls per attached SOW. 350 EA

Product/Service Code: H384

4005 Bib Style Coveralls per attached SOW. 320 EA

Product/Service Code: H384

4006 Lightweight Coveralls per attached SOW. 230 EA

Product/Service Code: H384

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

2 - Section 2 Clauses 4 - Section 4 Clauses

2 - Section 2

Clauses

DOL CLASS DEVIATION 2015-0002 (52.203-9 CLAUSE) PROHIBITION ON CONTRACTING

WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS (MARCH 2015)

"(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawflly reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal deparent or agency authorized to receive such information.

(b) The contractor shall notifY employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal deparent or agency governing the nondisclosure of classified information.

(d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Furher

Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Governent may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(End of clause)

DOL CLASS DEVIATION 2015-0002 (52.203-98 PROVISION) PROHIBITION ON

CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS - REPRESENTATION (MARCH 2015)

"(a) In accordance with Section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal deparent or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal deparent or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal deparent or agency authorized to receive such information.

(End of provision)

DOL CLASS DEVIATION 2015-0001 Permanent Authority for Use of Simplified acquisition Procedures for Certain Commercîalltems

"Subpart 13.5 - Test Program for Certain Commercial Items

13.500 General.

(a) This subpar authorizes, as a test program, use of simplified procedures for the acquisition of supplies and services in amounts greater than the simplified acquisition threshold but not exceeding $6.5 milion ($12 milion for acquisitions as described in 13.500(e)), including options, if the contracting offcer reasonably expects, based on the nature of the supplies or services sought, and on market research, that offers wil include only commercial items. Under this test program, contracting offcers may use any simplified acquisition procedure in this par, subject to any specific dollar limitation applicable to the paricular procedure. The purpose of this test program is to vest contracting offcers with additional procedural discretion and flexibilty, so that commercial item acquisitions in this dollar range may be solicited, offered, evaluated, and awarded in a simplified manner that maximizes effciency and economy and minimizes burden and administrative costs for both the Government and industry (10 U.S.c. 2304(g) and 2305 and 41 U.S.C. 3305, 3306, and chapter 37, Awarding of Contracts).

(b) For the period ofthis test, contracting activities must employ the simplified procedures authorized by the test to the maximum extent practicable.

(c) When acquiring commercial items using the procedures in this par, the requirements of par 12 apply subject to the order of precedence provided at 12.102(c). This includes use ofthe provisions and clauses in Subpar 12.3.

(d) Under 41 U.S.c. 1903, the simplified acquisition procedures authorized by this test program may be used for acquisitions that do not exceed $12 milion when-

(1) The acquisition is for commercial items that, as determined by the head of the agency, are to be used in support of a contingency operation or to facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attck; or

(2) The acquisition wil be treated as an acquisition of commercial items in accordance with 12.102(t)(1).

(End Clause)"

DOLAR 2952.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) CLAUSE

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

(b) The COR is responsible, as applicable, for receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract;

providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptace of the supplies or services furnished for payment.

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

(End Clause)

DOL 2012-02 CONTRACTOR'S OBLIGATION TO NOTIFY THE CONTRACTING OFFICER

OF A REQUEST TO CHANGE THE CONTRACT SCOPE (CONTRACTOR'S OBLIGATION

CLAUSE)

"(a) Except for changes identified in writing and signed by the Contracting Offcer, the Contractor is required to notifY, within five working days of receipt or knowledge, any request for changes to this contract (including actions, inactions, and written or oral communications) that the Contractor regards as exceeding the scope ofthe contract. On the basis of the most accurate information available to the Contractor, the notice shall state:

(1) The date, nature, and circumstances ofthe conduct regarded as a change in scope;

(2) The name, function, and activity of each Governent individual and Contractor official or employee involved in, or knowledgeable about, such conduct;

(3) The identification of any documents and substance of any oral communication involved in such conduct;

(b) Following submission ofthis notice, the Contractor shall continue performance in accordance with the contract terms and conditions, unless notified otherwise by the Contracting Offcer.

(c) The Contracting Offcer shall promptly, within 5 business days after receipt of notice from the

Contractor, respond to the notice in writing. In responding, the Contracting Offcer shall either:

(1) Confirm that the Contractor's notice identifies a change in the scope of the contract and directs the

Contractor to stop work, completely or in par, in accordance with the Stop Work provisions of the contract;

(2) Deny that the Contractor's notice identifies a change in scope and instruct the Contractor to continue performance under the contract; or

(3) In the event the Contractor's notice does not provide sufficient information to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government wil respond.

(End of clause)

DOL 2014-01 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS CLAUSE (FEBRUARY

2014)

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS CLAUSE (FEBRUARY 2014)

(a) Definitions. As used in this clause-

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Invoice payment has the meaning given in FAR 32.001.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic Payment Requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this clause, and therefore no additional electronic invoice submission is required.

(c) Data Transmission. A contractor must ensure that the data transmission method and format comply with the following provisions:

(I) The contractor shall:

a. Address the invoice to DOL-MSHA@guickpay.dol.gov.

b. Submit the invoice via attchment 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, DOL Agency, Contract Number, BPA Call or Order Number, Invoice Number, Invoice Amount Example: ABC Co, OASAM, DOLOO-OO-XOOOO/XOOOO, Invoice Number AB-1298433, $15,000.00.

e. Submit a copy of the email with the attched invoice to the contracting offcer's representative (COR) at the COR email address specified in the contract.

f. Before sending another e-mail with the same invoice attchment, confirm whether DOL has already responded and/or whether you have received a success or failure response to your submission.

(2) The contractor MUST NOT:

a. Submit an invoice that exceeds the size limit of 16 megabytes (approximately 400-500 pages). However, ifthe invoice exceed this limit, a summary invoice attchment ofless 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.

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

I. An e-mailed PDF image canot have any text that has a background with any color other than white. If the image has a shaded background, it wil be converted to black, and the text wil be ilegible.

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

c. Submit more than one attchment, as subsequent attchments wil not be recognized.

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

e. Attempt to use the "Recall or Resend" email message feature.

(d) General Information. Payment due dates wil 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 MSHAlnvoicelnguiry@dol.gov. The relevant invoice must be attched to the inquiry e-mail and the subject line of the e-mail must state "INQUIRY," followed by the information described in paragraph (I) d. above.

Example: INQUIRY: Contractor Name, DOL Agency, 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.

(e) Invoice Requirements. Invoices shall comply with FAR 32.905.

(t) Exceptions. Paper invoices should only be faxed or mailed through U.S. mail when electronic mail cannot be accomplished.

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

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

u.s. Deparment of Labor MSHA Finance Branch PO Box 25367 Denver, CO 80225

(End of clause)

52.202-1 Definitions. (NOV 2013)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014)

52.204-7 System for Award Management. (JUL 2013)

52.204-13 System for Award Management Maintenance. (JUL 2013)

52.204-16 Commercial and Government Entity Code Reporting. (NOV 2014)

52.204-17 Ownership or Control of Offeror. (NOV 2014)

(a) Definitions. As used in this provision-

Commercial and Government Entity (CAGE) code means-

(i) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or governent entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization

(NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Governent Entity (CAGE) Branch records and maintains in the CAGE master fie. This type of code is known as an NCAGEcode.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it ( ) has or ( ) does not have an immediate owner. If the Offerorhas more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each paricipant in the joint venture.

(c) If the Offeror indicates "has" in paragraph (b) of this provision, enter the followinginfonnation:

Immediate owner CAGE code: ( )

Immediate owner legal name: ((Do not use a "doing business as" name))

Is the immediate owner owned or controlled by another entity?: ( ) Yes or ( ) No.

(d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following infonnation:

Highest-level owner CAGE code: ( )

Highest-level owner legal name: ((Do not use a "doing business as" name))

(End of provision)

52.204-18 Commercial and Government Entity Code Maintenance. (NOV 2014)

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (DEC 2014)

52.209-5 Certification Regarding Responsibilty Matters. (APR 2010)

(a)(I) The Offeror certifies, to the best of its knowledge and belief, that-.

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debared, suspended, proposed for debarent, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a thee-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission offraud or a criminal offense in connection with obtaining, attempting to obtain, or perfonning a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgeiy, bribeiy, falsification or destruction of records, making false statements, ta evasion, violating Federal criminal tax laws, or receiving stolen propert (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civily charged by a governental entity with, commission of any of the offenses enumerated in paragraph (a)(I)(i)(B) of this provision; and

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

(1) Federal taxes are considered delinquent if both of the following criteria apply:

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

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

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

(ii) The IRS has fied a notice of Federal tax lien with respect to an assessed tax liabilty, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien fiing, and to further appeal to the Tax Cour ifthe IRS detennines to sustain the lien fiing. In the course of the hearing, the tapayer is entitled to contest the underlying tax liability because the tapayer has had no prior opportnity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the tapayer seek tax court review, this wil not be a final ta liability until the taxpayer has exercised all judicial appeal rights.

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

(iv) The taxpayer has fied for bankrptcy protection.

The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.c. 362 (the Bankrptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an offcer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Offcer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstaces.

(c) A certification that any of the items in paragraph (a) of this provision exists wil not necessarily result in withholding of an award under this solicitation. However, the certification wil be considered in connection with a determination of the Offeror's responsibility. Failure ofthe Offeror to furnish a certification or provide such additional information as requested by the Contracting Offcer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be constred to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation offact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Offcer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 Information Regarding Responsibilty Matters. (JUL 2013)

(a) Definitions. As used in this provision-

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination offault or liabilty (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means-

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, parner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( J has ( J does not have current active Federal contracts and grants with total value greater than $ I 0,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Pedormance and Integrity Information System (F APIIS) is current, accurate, and complete as ofthe date of submission of this offer with regard to the following information:

(I) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liabilty that results in the payment of a moneta fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that resultsin-

(A) The payment of a moneta fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matterby consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(I)(i), (c)(I)(ii), or (c)(I)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listedin (c)(I) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(I)(i) through (c)(l)(iv) ofthis provision in F APIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.211-5 Material Requirements. (AUG 2000)

52.211-8 Time of Delivery. (JUN 1997)

(a) The Government requires deliveiy to be made according to the following schedule:

t of Order

Page I3

151 - 300 Pair 01 - 500 Pair

500 + Pair weeks 11 weeks 12 weeks

The Government wil evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that wil not clearly fall within the applicable required delivery period specified above, wil be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above wil apply.

Offeror's Prooosed Delivery Schedule tern No. Ouantitv After Receiot of Order

Coveralls - anv tvoe( s) 1 - 20 Pair weeks roveralls - anv tvoe(s) 'l-150Pair weeks

Coveralls - anv-tvoe( s) 151 - 300 Pair weeks roveralls - anv tvoe s) 301 - 500 Pair weeks

Coveralls - any type s) 501 + Pair weeks

(End of clause)

52.212-4 Contract Terms and Conditions - Commercial Items. (DEC 2014)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (APR 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)

(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) (Public Laws

108-77 and 108-78 (19 U.S.c. 3805 note)).

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

(Xl (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate 1 (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(l (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

(l (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)

(Xl (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved)

(l (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111- 117, section 743 ofDiv. C).

(l (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 ofDiv. C).

( Xl (8) 52.209-6, Protecting the Governent's Interest When Subcontracting with Contractors Debared, Suspended, or Proposed for Debanent. (AUG 2013) (31 U.S.C.

6101 note).

(Xl (9) 52.209-9, Updates of Publicly Available Infonnation Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

(l (10) (Reserved)

(l (11)(i) 52.219-3, Notice of HUB Zone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

(J (ii) Alternate I (NOV 2011) of 52.219-3.

(J (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(l (ii) Alternate I (JAN 2011) of 52.219-4.

(J (13) (Reserved)

(X L (14)(i) 52.219-6, Notice ofTotal Small Business Set-Aside (NOV 2011) (15 U.S.C.

644).

( L (ii) Alternate I (NOV 2011).

(l (iii) Alternate II (NOV 2011).

(l (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.c.

644).

(l (ii) Alternate 1 (OCT 1995) of 52.219-7.

(l (iii) Alternate II (MAR 2004) of52.219-7.

(Xl (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.c.

637(d)(2) and (3)).

(l (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C.

637(d)(4)).

(l (ii) Alternate I (OCT 2001) of52.219-9.

(l (iii) Alternate II (OCT 2001) of 52.219-9.

(l (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

(X L (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.c. 637(a)(l4)).

(l (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C.

637( d)( 4)(F)(i)).

(l (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(NOV 201 1) (15 U.S.C. 657t).

(X L (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.c. 632(a)(2)).

(l (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).

() (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013) (15 U.S.c. 637(m)).

( X) (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(X) (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014)(E.O. 13126).

( X) (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(X) (28) 52.222-26, Equal Opportity (APR 2015) (E.O. 11246).

(X) (29) 52.222-35, Equal Opportity for Veterans (JUL 2014) (38 U.S.C. 4212).

(X) (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(X) (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.c. 4212).

( X) (32) 52.222-40, Notification ofEmployee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

(X) (33)(i) 52.222-50, Combating Traffcking in Persons (MAR 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

() (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.c. chapter 78 and E.O.

13627).

() (34) 52.222-54, Employment Eligibilty Verification (AUG 2013). (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 1 (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of conuercially available off-the-shelf items.)

( L (36)(i) 52.223-13, Acquisition of EPEAT@-Registered Imaging Equipment (JUN 2014)+(E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-13.

(l (37)(i) 52.223-14, Acquisition ofEPEAT@-Registered Televisions (JU 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

(l (38) 52.223-15, Energy Effciency in Energy-Consuming Products (DEC 2007) (42 U.S.c. 8259b).

(l (39)(i) 52.223-16, Acquisition ofEPEAT@-RegisteredPersonal Computer Products (JUN 2014) (E.O.s 13423 and 13514).

(l(ii) Alternate I (JUN 2014) of 52.223-16.

(Xl (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

(Xl (41) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

(l (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (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, 112-42, and 112-43.

(l (ii) Alternate I (MAY 2014) of52.225-3.

(l (iii) Alternate II (MAY 2014) of 52.225-3.

( L (iv) Alternate II (MAY 2014) of 52.225-3.

(l (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.c. 2501, et seq., 19 U.S.C.

3301 note).

(X L (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Offce of Foreign Assets Control of the Deparment of the Treasury).

(J (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(J (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.5150).

(J (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

(J (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(t)).

(J (49) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C.

4505, 10 U.S.C. 2307(t)).

(XJ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.c. 3332).

(J (51) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

(J (52) 52.232-36, Payment by Third Part (MAY 2014) (31 U.S.C. 3332).

(J (53) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(J (54)(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).

(J (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 Offcer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Offcer check as appropriate.)

(J (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

(J (2) 52.222-41, Service Contract Labor Stadards (MAY 2014) (41 U.S.C. chapter 67).

(J (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

r J (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

r J (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

r J (6) 52.222-51, Exemption from Application ofthe Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

r J (7) 52.222-53, Exemption from Application ofthe Service Contract Labor Standards to Contracts for Certin Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

r J (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O.

13658).

r J (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(J (10) 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 ofthe 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 offces 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 Subpar 4.7, Contractor Records Retention, of the other clauses ofthis contract. Ifthis 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 ofform. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinar course of business or pursuant to a provision oflaw.

(e)(I) 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)(I) 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) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.c.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportnities. 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 opportnities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O.

13495). Flow down required in accordance with paragraph (I) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilties (APR 2015).

(v) 52.222-26, Equal Opportity (MAR 2007) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilties (JUL 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.c.

4212).

(ix) 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) ofF AR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C.

chapter 67).

(xi) _ (A) 52.222-50, Combating Traffcking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

- (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_Alternate I (AUG 2007) of52.222-50 (22 U.S.C. 7l04(g)).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Stadards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xii) 52.222-53, Exemption from Application ofthe Service Contract Labor Standards to Contracts for Certin Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, ofthe National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and io 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 necessar to satisfY its contractual obligations.

(End of clause)

52.219-14 Limitations on Subcontracting. (NOV 2011)

(a) This clause does not apply to the unrestricted portion of a parial set-aside.

(b) Applicabilty. This clause applies only to--

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

(2) Par or par of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns; and

(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for-

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern wil perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern wil perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(End of clause)

52.225-2 Buy American Certificate. (MAY 2014)

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

(b) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

(c) The Government wil evaluate offers in accordance with the policies and procedures of

Par 25of the Federal Acquisition Regulation.

(End of provision)

52.225-18 Place of Manufacture. (MAR 2015)

52.232-1 Payments. (APR 1984)

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

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.233-2 Service of Protest. (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are fied directly with an agency, and copies of any protests that are fied with the Government Accountability Offce (GAO), shall be served on the Contracting Offcer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Contracting Offcer Deborah W.

Worrells, Mine Safety & Health Administration, 1301 Airport Road, Beaver, WV, 25813.

(b) The copy of any protest shall be received in the offce designated above within one day of…