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FBO DAILY ISSUE OF SEPTEMBER 09, 2011 FBO #3576
SOLICITATION NOTICE

66 -- X-RAY DIFFRACTION SYSTEM - Attachment 1.PastPerformance Questionnaire

Notice Date

9/7/2011
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

334516 — Analytical Laboratory Instrument Manufacturing
 

Contracting Office

Department of Labor, Mine Safety and Health Administration, Acquisition Management Branch (WV), 1301 Airport Road, Beaver, West Virginia, 25813-9426
 

ZIP Code

25813-9426
 

Solicitation Number

465-11MR-1590
 

Archive Date

10/5/2011
 

Point of Contact

RHONDA SIZEMORE, Phone: 304-256-3538
 

E-Mail Address

sizemore.rhonda@dol.gov
(sizemore.rhonda@dol.gov)
 

Small Business Set-Aside

N/A
 

Description

Past Performance Questionnaire This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, in conjunction with FAR 13.5, as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is 465-11MR-1590 and is issued as a request for proposals, unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-53. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516. Proposals must be valid for 30 calendar days after the closing date of the solicitation. Offeror must be registered in the Central Contractor Registration (CCR) database and ORCA database before an award can be made to them. If the offeror is not registered in the CCR, it may do so through the CCR website at http://www.ccr.gov. If the offeror is not registered in ORCA, it may do so through the ORCA website at https://orca.bpn.gov/. Registration in both CCR and ORCA is free. Questions regarding this requirement are to be sent to Sizemore.Rhonda@dol.gov no later than September 12, 2011 at 12:00 p.m. Noon EST. No phone calls will be accepted. Answers to all questions received by this deadline will be posted on FedBizOpps in sufficient time for proposals to be submitted. Any questions received after this deadline will only be answered if time permits. Offerors shall provide the information required by FAR 52.212-1 (JUNE 2008), Instructions to Offerors-Commercial, which is incorporated by reference. FAR 52.212-4 (JUNE 2010), Contract Terms and Conditions-Commercial Items is applicable. FAR 52.212-5 (JULY 2010), Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items is applicable and the following identified clauses are incorporated by reference: FAR 52.203-6 Alternate I, FAR 52.204-6, FAR 52.204-7, FAR 52.204-10; FAR 52.222-3, FAR 52.222-19, FAR 52.222-21, FAR 52.222-26, FAR 52.222-35; FAR 52.222-36, FAR 52.222-37; FAR 52.223-18; FAR 52.225-1, FAR 52.225-3, FAR 52.225-13, and 52.232-33. The FAR may be obtained via the Internet at http://www.acquisition.gov/far/. The due date for this requirement is September 20, 2011 at 5:00 p.m. EST. ELECTRONIC COPIES OF OFFERS WILL BE ACCEPTED. Please send all electronic copies of offers to Sizemore.Rhonda@dol.gov by the RFP due date. All attachments must be in a format that is compatible with Microsoft Word/Microsoft Excel 2003. I. Offerors shall use one of the following methods for delivering offers: EXPRESS MAIL/COMMON CARRIERS: Offers submitted by express mail services (FEDEX, UPS, DHL, etc.) shall be submitted to: Rhonda Sizemore, Contracting Officer, U.S. Department of Labor, Mine Safety and Health Administration, 1301 Airport Road, Building F7, 2nd Floor, Beaver, West Virginia, 25813. U. S. POSTAL SERVICE CHANNELS: Offers submitted by postal services shall be submitted to: Rhonda Sizemore, Contracting Officer, U.S. Department of Labor, Mine Safety and Health Administration, 1301 Airport Road, Building F7, 2nd Floor, Beaver, West Virginia, 25813. NOTE: If the offeror intends to use Express Mail or U.S. Postal Service Channels, it is recommended to have delivery scheduled for one to two days BEFORE the RFP due date. Any package received after the due date will be returned to the offeror in the same condition in which it was received. The contents will not be evaluated and therefore, be ineligible for award. HAND-CARRIED OFFERS: Hand-carried offers shall be submitted to Rhonda Sizemore, Contracting Officer, U.S. Department of Labor, Mine Safety and Health Administration, 1301 Airport Road, Building F7, 2nd Floor, Beaver, West Virginia, 25813. Price will be sent as a separate file. All CLINS must be quoted for the proposal to be considered. COST/PRICE SCHEDULE: ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1 EA TURN-KEY X-RAY DIFFRACTION SYSTEM FFP Contractor shall provide one turn-key x-ray diffraction system and all necessary accessories in accordance with SOW FOB: Destination PURCHASE REQUEST NUMBER: 465-11MR-1590 NET AMT: $________________ ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 1 EA INSTALLATION OF TURN-KEY X-RAY DIFFRACTION SYSTEM FFP Contractor shall provide installation of one turn-key x-ray diffraction system in accordance with SOW FOB: Destination PURCHASE REQUEST NUMBER: 465-11MR-1590 NET AMT: $_________________ ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 1 EA ON-SITE TRAINING OF MSHA PERSONNEL FFP Contractor shall provide on-site training of MSHA personnel for the x-ray diffraction system in accordance with SOW FOB: Destination PURCHASE REQUEST NUMBER: 465-11MR-1590 NET AMT: $________________ ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 1 EA OPTIONAL Optional CLIN - 4 YEAR WARRANTY SERVICE CONTRACT TO BEGIN AFTER THE EXPIRATION OF THE INITIAL 12-MONTH WARRANTY PERIOD FFP Contractor shall provide pricing for a full-service warranty included all non-consumable replacement parts, preventative maintenance visits, labor and travel costs. FOB: Destination PURCHASE REQUEST NUMBER: 465-11MR-1590 NET AMT: $________________ Statement of Work PART 1 General Information 1.0 Background Information The U.S. Department of Labor, Mine Safety and Health Administration (MSHA) is responsible for enforcing health standards promulgated under the authority of Section 103 (a) of the Federal Mine Safety and Health Act of 1977. A national network of MSHA inspectors collects health samples at approximately and 12,000 metal/nonmetal mines located in the United States and its territories to monitor miners' exposures to hazardous contaminants. Silica samples are analyzed by validated X-ray diffraction analytical methods and citations are issued to mine operators if exposure limits are exceeded. 1.1 Objectives The Pittsburgh Health and Safety Technology Center of the Mine Safety and Health Administration will purchase a turnkey X-ray diffraction system to perform silica analyses per the NIOSH 7500 or OSHA ID 142 analysis procedures. Two types of detector configurations will be evaluated, a conventional point counter and a silicon strip detector. System specifications are listed below in 1.2. The two types of detector systems are also described in 1.2. 1.2 Scope The scope of this procurement action will cover the provision of an X-ray diffraction system, instrument operating and data acquisition and data analysis software, accessories such as an autosampler, sample holders, power conditioner, and water chillers, installation of all of the above equipment, and training in the use of the instrument and its software packages. The purchase price must include a full service warranty for a period of one year after installation. 1.3 Period of Performance The period of performance will begin from date of award for a period of twelve (12) months. It is contemplated that all work will be completed prior to the twelve month period. 1.4 Quality Control The vendor will perform a series of acceptance tests to insure that the installed system is functioning according to performance specifications. The acceptance tests will include a demonstration of the resolution, linearity, and a determination of the limits of detection for quartz, as specified below, in addition to the function tests normally performed by the manufacturer. 1.4.1 Quality Assurance The government will perform limit of detection tests and limit of quantification tests on the installed system to insure that it meets requirements for sensitivity, accuracy, and precision. MSHA will prepare the standards used for the determinations of limit of detection, resolution, and linearity of calibration curves from NIST SRM 1878a. MSHA will analyze the standards used for these acceptance tests to verify their silica content. 1.5 Point of Contact Rhonda Sizemore Contracting Officer U.S. Department of Labor Mine Safety & Health Administration 1301 Airport Road Beaver, West Virginia 25813 E-mail: Sizemore.Rhonda@dol.gov 1.5.1 CONTRACTING OFFICER TECHNICAL REPRESENTATIVE: The (COTR) will be identified by separate letter. The COTR monitors all technical aspects of the contract and assists in contract administration The COTR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COTR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COTR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COTR is not authorized to change any of the terms and conditions of the resulting contract. 1.6 Key Personnel The following personnel are considered key personnel by the government: Application Specialist(s) 1.6.1 Qualifications of Key Personnel The applications specialist(s) must be factory trained and capable of performing all tasks associated with the installation and on-site training of the new system. The application specialist(s) must be familiar with the purchased system and instrument software capabilities to demonstrate its use in meeting the needs of MSHA sample analysis requirements. 1.7 Recognized Holidays The Contractor is not required to perform services on the following holidays: New Year's Day Labor Day Martin Luther King Jr.'s Birthday Columbus Day President's Day Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day 1.8 Hours of Operation The Contractor is responsible for providing support between the hours of 07:30 a.m. and 4:00 p.m. Monday thru Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. The Contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this statement of work when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the work force are essential. The Contractor will in the performance of this contract immediately notify the COTR or the MSHA Point of Contact if the time and/or service obligations of this contract cannot be met due to inclement weather, civil disturbances, equipment failure, illness, etc. MSHA recognizes the obligation of the Contractor to provide for the safety and well being of personnel engaged in providing services under this contract. The Contractor shall notify the MSHA COTR or other Point of Contact no later than 9:00 a.m. on the day the services were scheduled to be provided if any circumstances prevent timely performance. 1.9 Place of Performance The X-ray diffraction system will be installed at the Pittsburgh Safety and Health Technology Center Laboratory, Bldg 38, Room 119C, 626 Cochrans Mill Road, Pittsburgh, PA 15236. 1.10 Type of Contract This is a Fixed Price Performance (FPP) based contract. The contract award method will be Best Value. 1.11 Ownership All deliverables developed under the statement of work are the property of the U.S. Government and MSHA. 1.12 Commitment to Protect Sensitive Information The Contractor shall not release, publish, or disclose information to unauthorized personnel. MSHA will designate PSHTC Lab personnel as coordinators for this procurement action. The coordinators will designate the samples to be analyzed and the appropriate methodology. 1.12.1 Required Security Training N/A. The Contractor will not be given access to MSHA computer systems. 1.13 Travel N/A Technical Exhibit Deliverables Schedule The following deliverables schedule will be based on the contract award date: Deliverable Timeframe Contact Receipt of site Within 30 days of COTR preparation requirements contract award Delivery of X-Ray Within 120 days of COTR Diffractometer System, contract award accessories, and software Installation and Within 150 days of COTR on-site training contract award Acceptance testing Within 21 days COTR of system after installation after installation PART 2 DEFINITIONS & ACRONYMS CFR - Code of Federal Regulations CO - Contracting Officer COTR - Contracting Officer's Technical Representative: A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor Defective Service. A service output that does not meet the standard of performance associated with it in the Statement of Work. DOL - Department of Labor FAR - Federal Acquisition Regulation MSHA - Mine Safety and Health Administration NIST - National Institute of Standards and Technology POP - Period of Performance ¬PSHTC - Pittsburgh Safety and Health Technology Center Quality Control - Those actions taken by a contractor to control the performance of services so that they meet the requirements of the SOW. Quality Assurance - Those actions taken by the government to assure services meet the requirements of the Statement of Work. SF - Standard Form SOW - Statement of Work SRM - Standard Reference Material PART 3 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES 3.0 GOVERNMENT FURNISHED ITEMS AND SERVICES: 3.1 Information Sources Knowledgeable MSHA personnel will be made available to assist Contractor personnel in obtaining information pertinent to this SOW. The Contractor will be provided all samples to be analyzed and all necessary documentation pertinent to the performance of the specified tasks. 3.2 Samples The Government will provide samples specified in section 5.1. PART 4 Contractor Furnished Items and Services 4.0 System, software, and personnel required to perform installation, training, and service as outlined in this SOW. PART 5 Specific Tasks I. TASKS The following is the set of tasks required under this Requirement. All tools developed under this requirement must be validated for accuracy. The method(s) used for this determination shall be specified in the contract proposal. The following tasks are required under this Requirement: Task 5.1 Delivery, installation, and training for new turnkey X-ray diffraction system Contractor will be responsible for the instrument delivery, installation, performance testing, and all training included in the scope of the proposal. Deliverables Task 5.1: Technical Requirements: The base system will include a minimum 2.2 kW generator for use with long fine line focus copper x-ray tubes with a~ 6 o takeoff angle. The goniometer will be a vertical Bragg-Brentano theta-theta focused beam configuration, with a radius of between 185mm and 230mm and an angular range spanning 0-120 degrees two theta at minimum. A sample spinner will be included. A theta compensating variable divergence slit or equivalent programmable slit will ensure that the irradiated area of the sample remains constant as the angle of the incident beam is varied and permit a user selectable length of sample of up to 15mm to be constantly irradiated. Optics common to all proposed systems will also include divergent and diffracted beam Soller slits optimized for sample widths of 13mm. An automated sample changer with a minimum capacity of 40 samples will be included. The system will also include 100 sample holders designed for samples deposited on 25 mm diameter silver membrane filters, an electric power conditioning system suitable for the electrical service requirements of the instrument, and a closed circuit water recirculator for cooling the anode. Software packages provided with the system will provide automated instrument control and data acquisition functions, phase identification, and quantitative analysis with sophisticated user defined and controlled quantitative profile fitting capabilities. Compatibility with a Windows XP operating platform is required. The first configuration will include a diffracted beam graphite monochromator, a gas proportional or scintillation counter, and associated slits. The second variation will consist of a beta filter and a high speed silicon strip detector capable of simultaneous data acquisition across a range of 1.5o two theta minimum at maximum intervals of.02o two theta or less, and any associated slits. A monochromator for use with the high speed detector will be listed as an option. Performance Specifications: Resolution will be evaluated on the basis of the separation and relative intensities of the alpha1 and alpha2 peaks at the (2,1,1) reflection of a 300 ug standard of NIST SRM 1878A; the peak maxima should be distinct, separated by an interval corresponding to approximately.15 degrees two theta, and exhibit an intensity ratio of approximately 2:1. The ratio of the alpha 2 peak height to the valley height between the alpha 1 and alpha 2 peaks should be approximately 4:3. The instrument that is purchased must demonstrate the ability to detect alpha quartz at levels less than ten micrograms at each of the four most sensitive diffraction angles, the angles corresponding to the (1,0,1), (1,0,0), (1,1,2), and (2,1,1) reflections. The total data acquisition time for the sum of the four peaks must be less than two hours, on an instrument optimized for a combination of intensity and resolution. The detection limit determination is will be based on the analysis of ten 10 microgram samples of quartz that are subject to all sample preparation and analysis procedures. MSHA will prepare and verify the low level standards to be used. These standards are prepared on silver membrane filters in the form of circular deposits of 13 mm diameter. Limit of detection samples are scanned at all four angles and the raw data files are subjected to the most elementary profile fitting data treatment. Method detection limits are calculated as the product of the standard deviation and the corresponding Student t-value at the 99% confidence interval. See 40 CFR, Part 136, Appendix B, for details. The instrument must meet the acceptance criteria for resolution and limits of detection to be acceptable by MSHA. Failure to demonstrate performance at the specified levels will be cause for rejection and a full refund of purchase price. MSHA will provide samples to interested vendors who wish to test their proposed system capabilities. Based on its prior experience MSHA expects that multipoint calibrations consisting of 7 mass ranges from 20 to 500 ug quartz will exhibit linear response at the four diffraction angles specified. Typical linear regression, zero intercept, calculations yield correlation coefficients of.995 or better for peak area vs. micrograms quartz comparisons. The Contractor is expected to provide all on-site preparation requirements to the MSHA Contracting Officer and/or Contracting Officer Technical Representative in advance, providing reasonable timeframe for completion prior to system delivery. Requirements need to include everything needed to ensure that upon delivery the system can be installed and operational as soon as possible to begin testing instrument performance to ensure it meets the requirements outlined in the proposal. Task 5.2: Once the instrument is delivered, the Contractor is responsible for installation of the system, accessories, and software. Once installation is complete the Contractor must demonstrate that the installed system meets the performance requirements specified in all sections under 5.1. On-site training will be provided to MSHA personnel covering all aspects of the instrument operating software and quantitative profile fitting applications. PART 6 APPLICABLE PUBLICATIONS REFERENCES, LAWS, REGULATIONS AND POLICIES NA ___________________________________________________________ ADDENDUM TO 52.212-2 EVALUATION OF COMMERCIAL ITEMS Basis for Award. The Government will award a single Firm Fixed Price contract from this solicitation to the responsible offeror whose offer conforming to the solicitation is most advantageous to the Government based on the best overall proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the three evaluation factors: {Technical, Past Performance, and Price}. Factor I, Technical is significantly more important than Factor II, Past Performance. All sub-factors under Factor I, Technical are of equal importance. The Contracting Officer shall also conduct a price analysis in accordance with the techniques in FAR 15.404-1(b) (2). The non-Price factors combined are significantly more important than Factor III, Price. However, price will become significantly more important as non-price factors approach equality. Offerors are cautioned that the award may not necessarily be made to the lowest price offered. The Government is more concerned with obtaining superior technical features than with making an award at the lowest overall price to the Government. However, the Government will not make an award at a significantly higher overall price to the Government to achieve slightly superior technical features. To receive consideration for award, a rating of no less than "Acceptable" must be achieved for Factor I, and its associated sub-factors (Understanding of Requirement, Key Personnel). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. Pursuant to FAR 15.306(c) the Contracting Officer may establish a competitive range comprised of all of the most highly rated proposals, unless the range is further reduced for reasons of efficiency. Pursuant to FAR 52.215-1(f) (4), the Contracting Officer may limit the number of proposals in the competitive range to the number that will permit an efficient competition among the most highly rated proposals. Offerors will be required to submit a technical and price proposal and will be evaluated against three evaluation factors. To determine which firm represents the best value, the offers will be evaluated as outlined below. TECHNICAL APPROACH- The proposal will be evaluated to determine whether the offeror's methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the solicitation and whether the offeror's methods and approach to meeting the solicitation requirements provide the Government with a high level of confidence of successful completion within the required schedule. Of particular interest to the government is the ability of the instrument to perform silica analyses per the NIOSH 7500 or OSHA ID 142 analysis procedures, the availability of factory-trained service personnel that will provide on-site service of the instrument, typical response times, commuting distance of service personnel, availability of phone support and remote diagnostics capabilities. Offerors must demonstrate their quantitative profile fitting and instrument operating software. The quantitative profile fitting software demonstration must be performed using raw data files generated by scanning complex mineral matrices. The software will be evaluated for its ability to resolve analytes of interest from potentially interfering substances, for the flexibility it offers the users in selecting data refinement parameters, and for ease of use for routine applications, i.e. the amount of time and number of steps required of the operator to generate the peak areas and data characteristics (ex. peak centroid, full width half max, etc.) of interest to the user. Instrument operating software will be evaluated for its ease of use and for the degree of unattended operation enabled by its applications. The degree of automation permitted for importing, exporting, and formatting sample data will also be taken into consideration. The instrument configuration must be capable of suppressing fluorescence due to the presence of high levels of iron in the samples. No pricing information is to be provided in the Technical Proposal. Sub-factor 1: UNDERSTANDING OF THE REQUIREMENT - The Government will evaluate the offeror's understanding of the work to be performed in accordance with the SOW. The offeror shall submit a proposal that demonstrates its understanding of the work described in Part 5 of the SOW and the extent to which potential risks are identified and mitigated. Sub-factor 2: KEY PERSONNEL - The Government will evaluate the experience and qualifications of all contractor personnel. The offeror's proposal shall include resumes for key personnel and also provide a matrix to include the background/experience of the company's proposed key and non-key personnel mapped to the appropriate SOW tasking that supports the proposed labor category and level. PAST PERFORMANCE: The Government will evaluate past performance of three (3) previous contracts for current relevancy (within 3 years), with at least one (1) previous or current contract with relevancy within the past 12 months based on how well the contractor performed on projects of similar dollar value, scope, and complexity. Past performance references must include contracts for which the contractor has performed silica analyses per the NIOSH 7500 or OSHA ID 142 analysis procedures. Offerors are advised that the Government may use past performance information obtained from centralized past performance databases and sources other than those identified by the offeror and the information obtained may be used for both the responsibility determination and the best value decision. The absence of past performance data will be rated neither favorably nor unfavorably. Contracts listed may include those entered into with Government agencies or private sectors. For contractors with no relevant corporate past performance, the Government may take into account information regarding the past performance of predecessor companies, key personnel with relevant past performance. The Government will evaluate the Past Performance Elements specified in the Past Performance Questionnaire, Attachment 1. Offeror's shall distribute the questionnaire included in the solicitation as an attachment to their references so the form can be completed and submitted directly to the Government. Performance. Offerors shall provide a specific narrative explanation of each contract listed in Section 1 describing the objectives achieved and detailing how the effort is relevant to the requirements of this solicitation. (a) For any contracts that did not/do not meet original schedule or technical performance requirements, provide a brief explanation of the reason(s) for the shortcomings and any corrective action(s) taken to avoid recurrence. The offerors shall list each time the delivery schedule was revised and provide an explanation of why the revision was necessary. All Requests for Deviation and Requests for Waiver shall be addressed with respect to causes and corrective actions. The offerors shall also provide a copy of any Cure Notices or Show Cause Letters received on each contract listed and a description of any corrective action implemented by the offeror or proposed subcontractor. The offerors shall indicate if any of the contracts listed were terminated and the type and reasons for the termination. New Corporate Entities. New corporate entities may submit data on prior contracts involving its officers and employees. However, in addition to the other requirements in this section, the offeror shall discuss in detail the role performed by such persons in the prior contracts cited. Information should be included in the files described in the sections above. Past Performance Questionnaire. The offeror shall complete Part I of the Past Performance Questionnaire and e-mail the questionnaire to the Government and private sector technical representative responsible for the past/current contract. The POC's shall be instructed to electronically complete Part II of the questionnaire and e-mail the entire questionnaire to the Contract Specialist, Sizemore.Rhonda@dol.gov no later than 20 September 2011 at 5:00 p.m. EST. The offeror shall also e-mail to the Contract Specialist a list of all the POC's who were sent a questionnaire. The Government must receive this list no later than 18 September 2011 at 5:00 p.m. EST. The POC List shall be submitted in Word for Windows Table Format to include the following fields: Solicitation Number; Company Name; Contract Number; Government Agency; POC Last Name, First Name; POC Title; POC Telephone Number; POC E-Mail Address; Date E-Mailed to POC (month/day). Please note, that the Past Performance Questionnaire will not be a part of the resultant contract. PRICE. The offeror shall complete Schedule B (Cost/Price Schedule). FACTOR I. TECHNICAL Sub-factor 1: UNDERSTANDING OF THE REQUIREMENT - The Government will evaluate the offeror's understanding of the work to be performed in accordance with the SOW. The offeror shall submit a proposal that demonstrates its understanding of the work described in Part 5 of the SOW and the extent to which potential risks are identified and mitigated. Sub-factor 2: KEY PERSONNEL - The offeror's proposal shall reflect the experience and qualifications of all contractor personnel. The offeror's proposal shall include resumes for key personnel identified in paragraphs 1.6 of the SOW and also provide a matrix to include the background/experience of the company's proposed personnel mapped to the appropriate SOW tasking that supports the proposed labor category and level. FACTOR II. PAST PERFORMANCE: The Government will evaluate past performance of three (3) current or previous contracts for relevancy (within 3 years) with at least one (1) previous or current contract with relevancy within the past 12 months based on how well the contractor performed on projects of similar dollar value, scope, and complexity. Offerors are advised that the Government may use past performance information obtained from centralized past performance databases and sources other than those identified by the offeror and the information obtained may be used for both the responsibility determination and the best value decision. The absence of past performance data will be rated neither favorably nor unfavorably. Contracts listed may include those entered into with Government agencies or private sectors. For contractors with no relevant corporate past performance, the Government may take into account information regarding the past performance of predecessor companies, key personnel with relevant past performance, or subcontractors that will perform key aspects of the requirement. The Government will evaluate the Past Performance Elements specified in the Past Performance Questionnaire. FACTOR III - PRICE The Government will evaluate offers for award purposes by adding the total of all CLIN prices. Price will be evaluated for completeness and reasonableness using the techniques in FAR 15.404-1(b) (2). Price will become significantly more important as technical ratings approach equality. No adjectival ratings will be used to evaluate Price. Adjectival Ratings. Proposals will be adjectivally rated against each of the evaluation factors set forth in this plan and in the solicitation. Adjectival ratings for Factors I, Technical (See Table 1), Adjectival ratings for Factor II (See Table 2), Past Performance will be Low Risk, High Risk, and Unknown Risk. No adjectival ratings will be used to evaluate Factor III, Price. Adjectival Ratings. The following adjectival ratings will be used: Factor I- Technical, will be rated using the following Adjectival Scale ADJECTIVAL DEFINITION Outstanding A proposal that satisfies all of the Government's requirements with extensive detail to indicate feasibility of the approach and shows a thorough understanding of the problems and offers numerous significant strengths, which are not offset by weaknesses, with an overall low degree of risk in meeting the Government's requirements. Good A proposal that satisfies all of the Government's requirements with adequate detail to indicate feasibility of the approach and shows an understanding of the problems and offers some significant strengths or numerous minor strengths, which are not offset by weaknesses, with an overall low to moderate degree of risk in meeting the Government's requirements. Acceptable A proposal that satisfies all of the Government's requirements with minimal detail to indicate feasibility of the approach and shows a minimal understanding of the problems, with an overall moderate to high degree of risk in meeting the Government's requirements. Unacceptable A proposal that contains a major error(s), omission(s) or deficiency(ies) that indicates a lack of understanding of the problems or an approach that cannot be expected to meet requirements or involves a very high risk; and none of these conditions can be corrected without a major rewrite or revision of the proposal. Table 1 Factor I-, Past Performance, will be rated using the following Adjectival Scale ADJECTIVAL DESCRIPTION Low Risk Little doubt exists, based on the Offeror's performance record, that the Offeror can perform the proposed effort. Moderate Some doubt exists, based on the Offeror's performance record, that the Offeror can perform the proposed effort. High Risk Significant doubt exists, based on the Offeror's performance record, that the Offeror can perform the proposed effort. Unknown Risk Little or no relevant performance record identifiable; equates to an unknown risk rating having no favorable or unfavorable evaluation significance. Table 2 Non-Price Factors: The importance of the Non-Price Evaluation Factors is in the following descending order with the most important factor listed first: Factor I, Technical is significantly more important than Factor II, Past Performance, which when combined, the Non-Price Factors are significantly more important than Factor III "Price". However, as offerors ratings for the non-price factors approach equality, Factor III "Price" becomes significantly more important in the award decision. Duration of Business Arrangement: The period of performance of this contract will be through the period of time to deliver all required deliverables. This contract is not considered to be for advisory or assistance services in accordance with FAR Part 37.2. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. CLAUSES INCORPORATED BY FULL TEXT 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUL 2009) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (a) Definitions. As used in this provision -- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except-- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate-- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Service-disabled veteran-owned small business concern-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. Veteran-owned small business concern means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern-- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------. (Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern. (2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: _____________________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.) (i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business. (ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows: (A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Average Annual Number of Employees Gross Revenues ___ 50 or fewer ___ $1 million or less ___ 51 - 100 ___ $1,000,001 - $2 million ___ 101 - 250 ___ $2,000,001 - $3.5 million ___ 251 - 500 ___ $3,500,001 - $5 million ___ 501 - 750 ___ $5,000,001 - $10 million ___ 751 - 1,000 ___ $10,000,001 - $17 million ___ Over 1,000 ___ Over $17 million (9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.) (i) General. The offeror represents that either-- (A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.) (10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that-- (i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It ( ) is, ( ) is not s joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Certifications and representations required to implement provisions of Executive Order 11246-- (1) Previous Contracts and Compliance. The offeror represents that-- (i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and (ii) It ( ) has, ( ) has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that-- (i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or (ii) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act--Supplies." (2) Foreign End Products: Line Item No.:--------------------------------------------------------- Country of Origin:----------------------------------------------------- (List as necessary) (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. -------------------- -------------------- -------------------- [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ (List as necessary) (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). The offeror certifies, to the best of its knowledge and belief, that -- (1) The offeror and/or any of its principals ( ) are, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency, (2) ( ) Have, ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) ( ) are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) ( ) Have, ( ) have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).) (1) Listed End Product Listed End Product • Listed Countries of Origin: • • • • • • (2) Certification. (If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.) ( )(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. ( ) (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-- (1) ( ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ( ) Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) (The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.) ( ) (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ) does ( ) does not certify that-- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. ( ) (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ) does ( ) does not certify that-- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies-- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). ( ) TIN: --------------------. ( ) TIN has been applied for. ( ) TIN is not required because: ( ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; ( ) Offeror is an agency or instrumentality of a foreign government; ( ) Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. ( ) Sole proprietorship; ( ) Partnership; ( ) Corporate entity (not tax-exempt); ( ) Corporate entity (tax-exempt); ( ) Government entity (Federal, State, or local); ( ) Foreign government; ( ) International organization per 26 CFR 1.6049-4; ( ) Other ----------. (5) Common parent. ( ) Offeror is not owned or controlled by a common parent; ( ) Name and TIN of common parent: Name --------------------. TIN --------------------. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer. 52.232-15 PROGRESS PAYMENTS NOT INCLUDED (Apr 1984) A progress payments clause is not included in this solicitation, and will not be added to the resulting contract at the time of award. Bids conditioned upon inclusion of a progress payment clause in the resulting contract will be rejected as nonresponsive. 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Rhonda Sizemore, Contracting Officer, U.S. Department of Labor, Mine Safety & Health Administration, 1301 Airport Road, Beaver, West Virginia, 25813. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
 

Web Link

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(https://www.fbo.gov/spg/DOL/MSHA/BeacerWV/465-11MR-1590/listing.html)
 

Place of Performance

Address: U.S. Department of Labor, Mine Safety & Health Administration, Pittsburgh Safety & Health Technology Center Laboratory, Bldg 38, Room 119C, 626 Cochrans Mill Road, Pittsburgh, Pennsylvania, 15236, United States

Zip Code: 15236
 

Record

SN02565992-W 20110909/110908000106-5a3b56385624216319a364f39ecdfa19 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
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