FBODaily.com | FedBizOpps: MOD | 66 | Turnkey X-Ray Diffraction Systems

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 18, 2018 FBO #6112
MODIFICATION

66 -- Turnkey X-Ray Diffraction Systems

Notice Date: 8/16/2018
Notice Type: Modification/Amendment
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: 1645BC-18-R-00005
Archive Date: 9/7/2018
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: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and FAR 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Solicitation 1645BC-18-R-00005 is being issued as a Request for Proposals (RFP), to provide a new X-ray diffractometer system for the Pittsburgh Safety and Health Technology Center (PSHTC) Laboratory, a division of the U.S. Department of Labor's Mine Safety & Health Administration, located at Bldg. 38, Room 119C, 626 Cochrans Mill Road, Pittsburgh, PA 15236. The North American Industry Classification System (NAICS) code is 334516 with a small business size standard of 1,000 employees. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-99. This requirement is being competed as a full and open competition. Offerors are encouraged to read the solicitation package in its entirety to fully become aware of the requirements of this solicitation. The Government may consider proposals that fail to follow all instructions to be unacceptable and ineligible for contract award. This Request for Proposals contains product specifications and a statement of work outlining the required installation and training. It is the responsibility of the Contractor to ensure that they build into their quoted price the entire project, including delivery of new x-ray diffractometer systems, installation, training and warranty. If any part of the work will be subcontracted, the proposal must reflect the tasks to be performed by both the prime and subcontractor. Type of Contract A firm fixed price contract is anticipated for this project. Important Deadlines Any questions are due by August 13, 2018 at 3:00 PM EST. Questions not received by this deadline may not be considered. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Questions must be submitted in writing via email to Contract Specialist Rhonda Sizemore at sizemore.rhonda@dol.gov. Please use the Solicitation Number in the subject of the email. No telephone calls will be accepted. Offerors shall submit their proposals so that MSHA receives them not later than 3:00 PM Eastern Standard Time on August 23, 2018. FAXED proposals shall not be accepted. E-mail quotations shall be accepted at Sizemore.Rhonda@dol.gov. Please reference the solicitation number in the subject line of email communications. Offerors' proposals shall not be deemed received by the Government until the proposal is entered in the e-mail box set forth above. Proposals shall be sent to the US Department of Labor, Mine Safety & Health Administration, Acquisition Management Division, Attn: Rhonda Sizemore, 1301 Airport Road, Beaver, West Virginia, 25813. All offerors should ensure the solicitation number is visible on the outermost packaging. Because of heightened security, electronic delivery methods are the preferred method of delivery of proposals. If proposals are hand delivered, the offeror must confirm that someone in the Acquisition Management Division is available to accept the delivery. MSHA is a guarded facility and a photo ID is required for access to the site. Offeror must be registered in the System for Award Management (SAM) database before an award can be made to them. If the offeror is not registered in the SAM, it may do so through the SAM website at http://www.sam.gov. Registration is free. Offerors must certify that the product being offered is TAA compliant, original and new. If the end product offered is other than a domestic end product as defined in the clause entitled "Buy American Act -- Supplies," the offeror shall so state and shall list the country of origin. Refurbished, used, or "gray market" items will not be accepted. The item must be eligible for all manufacturer warranties and other ancillary services or options provided by the manufacturer. Experimental and/or prototype custom items will not be considered. The system shall meet or exceed the salient characteristics identified in the Product Specifications. Ownership of the equipment shall transfer to MSHA after acceptance. Delivery Delivery shall be FOB DESTINATION and shall occur NLT four (4) months ARO. FOB Destination means: The contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery. The contractor shall deliver to: The U.S. Department of Labor Mine Safety & Health Administration Pittsburgh Safety & Health Technology Center Laboratory Bldg. 38, Room 119C 626 Cochrans Mill Rd. Pittsburgh, Pennsylvania 15236 Installation and training shall be completed within 1 month after delivery. Warranty The contractor shall provide a minimum 1 year warranty and shall provide details regarding the warranty with their proposal. The warranty shall commence upon acceptance of the instrument. All offerors shall provide a firm-fixed-price proposal for the Contract Line Item (CLIN) listed below. Greater details on the CLIN can be found in the Performance Work Statement. CLIN ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE 01 Turn-key diffractometers w/ 2 EA $ $ Installation, training, & warranty IAW the Product Specs/SOW CLIN ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE 02 OPTIONAL: Gas 2 EA $ $ proportional or Scintillation type detector Note: The pricing for CLIN 2 will not be used when evaluating price. CLIN 2 is Optional and may or may not be purchased. Addendum to FAR 52.212-1, Quotation Preparation Instructions Proposals shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. Proposals shall acknowledge any amendments to the solicitation. The offeror's proposal shall consist of three separate volumes. The Volumes are: I-Technical, II Past Performance, and III-Price. 1) Technical Proposal: The offeror shall submit an original and one copy of the technical proposal. If the proposal is submitted electronically, additional copies are not required. The technical proposal shall address the following: 2) Past Performance: The offeror shall submit an original and one copy of its past performance references. If the proposal is submitted electronically, additional copies are not required. 3) Price Proposal: The offeror shall submit an original and one copy of the completed priced schedule. If the proposal is submitted electronically, additional copies are not required. The price proposal shall be separate from any other portion of the proposal. The offeror shall propose a firm fixed-price, FOB Destination. Contractor shall state warranty coverage. Price proposals shall remain valid for a period of 60 days from the date proposals are due. 4) Acceptance of Terms and Conditions: This is an open-market solicitation for equipment as defined herein. The Government intends to award a contract as a result of this solicitation that will include the clauses set forth herein. The Technical Proposal shall include one of the following statements: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition" OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following: Offeror shall list exception(s) and rationale for the exception(s) 5) Completed Provisions. The Offeror shall complete and submit with its Technical Proposal FAR provisions 52.209-2, 52.209-11, 52.212-3, 52.225-2, 52.225-6 and 52.225-18 contained within the solicitation. Page Count. The page count is as follows: Proposal Part Page Count Volume I - Technical NTE 50 pages, excluding covers, title pages, executive summaries, table of contents and supporting documentation. Volume II - Past Performance NTE 10 pages, excluding covers, title pages, executive summaries, and table of contents. Volume III - Price No Page Limitation Those pages that exceed the page counts for each volume or attachment will not be evaluated. All information shall be confined to the appropriate volume. The offeror shall confine submissions to essential matters, sufficient to define the proposal details, in a concise manner, to permit a complete and accurate evaluation of each proposal. 1. Technical Capability 2. Past Performance 3. Price The Government shall not be responsible for compensating the Contractor for any costs tied to solicitation requirements but not factored into the proposed prices, either bythe Contractor's intention or by mistake. Addendum to FAR 52.212-2 EVALUATION FACTORS - DIFFRACTOMETERS Basis for Award: The Government will award a FFP 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. Sub Factor I, Technical Specifications are more important than the other Technical factors. 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 priced offeror. 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 "Fair" must be achieved for Factor I, and its associated sub-factors. 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. Factor 1: Technical Capability - Each offeror's proposal will be evaluated to determine if it meets the technical requirements as follows using the ratings shown in Table 1: A) Technical Factor I: Technical Specifications. The offeror shall submit a technical description or product literature for the equipment it is proposing, which clearly identifies the manufacturer and part number, and each technical specification. The offeror must demonstrate that is proposed equipment meets each technical specification described in the statement of work by providing a citation to the relevant section of its technical description or product literature. If applicable, evidence that the Offeror is authorized by the original manufacturer to provide the items in the proposal shall be included. No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the proposal. MSHA will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all technical specifications. Proposals that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, MSHA will determine that it does not. B) Technical Factor II: Delivery and Warranty. The contractor demonstrates its ability to meet: a) the delivery schedule; and b) the warranty specified in the PWS. C) Technical Factor III: Experience. The Government will evaluate the offeror's experience in providing similar systems to industry and/or Government agencies. D) Technical Factor IV: Certification. The contractor shall provide documentation with its proposal of its ISO 9001 certification. ADJECTIVAL RATINGS Table 1 DEFINITIONS: Excellent A comprehensive and thorough proposal of exceptional merit with one or more significant strengths. No deficiency or significant weakness exists. Very Good A proposal having no deficiency and which demonstrates over-all competence. One or more significant strengths have been found, and strengths outbalance any weaknesses that exist. Good A proposal having no deficiency and which shows a reasonably sound response. There may be strengths or weaknesses, or both. As a whole, weaknesses not off-set by strengths do not significantly detract from the offeror's response. Fair A proposal having no deficiency and which has one or more weaknesses. Weaknesses outbalance any strengths Poor A proposal that has one or more deficiencies or significant weaknesses that demonstrate a lack of overall competence or would require a major proposal revision to correct. Factor 2: Past Performance - The Government will evaluate past performance of 3 current or previous contracts for relevancy (within the last 3 years) based on how well the contractor performed on contracts of similar dollar value, scope, and complexity. Offerors submitting past performance information shall include the following information: 1) Contract Number; 2) Brief Description of the Effort; 3) Award Amount; 4) Period of Performance; 5) Reference contact name, title, telephone number, and/or email. The absence of past performance data will be rated neither favorably nor unfavorably; the offeror shall be determined to have unknown past performance. 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. Ratings shown in Table 2 will be used to evaluate Past Performance. ADJECTIVAL RATINGS Table 2 DESCRIPTION Low Risk Little doubt exists, based on the Offeror's performance record, that the Offeror can perform the proposed effort. Moderate Risk 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. Factor 3: Price: The offeror shall submit an original and one copy of the completed priced schedule. If the proposal is submitted electronically, additional copies are not required. The price proposal shall be separate from any other portion of the proposal. The offeror shall propose a firm fixed-price, FOB Destination, including delivery, installation, warranty, and training IAW the product specs and PWS. Contractor shall state warranty coverage. Price proposals shall remain valid for a period of 60 days from the date proposals are due. No adjectival ratings will be assigned to price. Price will be evaluated for fairness and reasonableness. PERFORMANCE WORK STATEMENT FOR X-RAY DIFFRACTION SYSTEM with INSTALLATION, TRAINING, AND WARRANTY PART 1 General Information 1.0 This PWS is a best value, firm fixed price services requirement to provide all equipment, system development and implementation for two turnkey X-Ray Diffractometer Systems. The Government shall not exercise any supervision or control over the contract service providers performing the services or equipment herein. Such contract service and/or equipment providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. 1.1 The contractor shall provide all personnel, equipment, tools, materials, and services necessary to perform the requirements of the project as defined in this PWS except as specified in Part 3 as Government-furnished property and services. The contractor shall perform to the standards in this PWS and the resulting contract. 1.2 Background: 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 10,000 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 at the Pittsburgh Safety and Health Technology Center (PSHTC) Laboratory, which is accredited by the American Industrial Hygiene Association for silica analysis, and citations are issued to mine operators if exposure limits are exceeded. 1.3 Objectives • The Contractor shall provide all equipment, materials and services to purchase two turnkey X-ray diffraction systems. The systems must be new; no used or refurbished instruments, demonstration models or prototypes are acceptable. Proposed configurations shall consist of a high speed compound silicon strip detector (minimum 100 channels) capable of simultaneous data acquisition across a specified two theta range and any associated slits, filters or optical accessories. Offers shall also quote a gas proportional or scintillation counter detector, diffracted beam graphite monochromator as an "optional" accessory (See CLIN 2). The Contractor shall provide an operating instrument, instrument control, data acquisition and data analysis software, ICDD PDF-2 database license release 2018, and accessories such as an autosampler, sample holders, power conditioner, and water chiller. The Contractor shall provide installation of all of the equipment and software contained herein. All software must be compatible with Windows 10/64-bit operating system. The Contractor shall provide on-site training in the use of the instrument and its software packages. 1.4 Warranty The purchase price shall include a warranty with a minimum of 1 year. The Contractor shall provide a copy of their warranty outlining its coverages. Factory-trained service representatives must provide the instrument service. 1.5 Scope The scope of this procurement action shall cover all actions pertinent to the acquisition of two turnkey automated X-ray powder diffraction systems. See Technical Exhibit 1. At a minimum, the base system must include a 2.2 kW generator for use with a long fine line focus copper x-ray tube with an approximate 6 degree takeoff angle. The generator high voltage settings shall range from ≤ 20 to50 kV and be selectable in 1 kV increments. The current settings range from ≤5 to 50 mA and be selectable in 1 mA increments. The generator high voltage output must not vary more than 0.03% per 10% variation in main voltages. The goniometer shall be a vertical Bragg-Brentano theta-theta or theta-2theta geometry, with a fixed radius of no more than 300mm and an angular range spanning 0-120 degrees two theta (2θ) at minimum, with a horizontal sample stage. Precision optical encoders will be incorporated into the goniometer control systems. A sample spinner will be included with a user selectable rotation rate of at least 0-60 rpm. The instrument will be housed in a radiation enclosure that meets all Federal and state regulations for radiation protection. The radiation enclosure will be constructed of steel with integrated lead panel direct beam stop, and will have a lighted interior with viewing windows or shall be equipped with a webcam for observation of the sample stage. 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 16mm to be constantly irradiated. Systems that use interchangeable fixed divergence slits and beam masks will also be evaluated. Components common to all proposed systems will also include divergent and diffracted beam 0.04 and 0.08 radians Soller slits. In addition, a mechanism that regulates the width of the irradiated sample area (i.e. perpendicular to the source-detector axis) is desired, e.g. masks. An automated sample changer with a minimum capacity of 48 samples will be included. The system will also include 100 zero offset sample holders designed to center samples deposited on 25 mm diameter silver membrane filters in the incident beam, an electric power conditioning system suitable for the electrical service requirements of the instrument, and a closed circuit water recirculator for cooling the anode. The water recirculator will employ an air/water heat exchange design. Software packages provided with the system will provide programmable instrument control and data acquisition functions, phase identification, and quantitative analysis with user selectable profile fitting capabilities. Quantitative analysis will be based on peak area determinations. Compatibility with the Windows 10/64-bit operating system is required. On-site training shall be provided to a minimum of four MSHA analysts covering instrument use and software applications specific to the requirements stated in the previous paragraph. The training will encompass an overview of the function of the installed system's components, detail how to optimize instrument performance, and review required preventive maintenance. Training will be provided in the use of the instrument operating software, setting up and editing system configuration files, the development of batch programs for unattended sample analysis, use of the autosampler, and use of profile fitting software for quantitative analysis. The applicability of the various profile fitting algorithms to quantitative silica analysis will be comprehensively detailed, and in-depth instruction in the selection of parameters affecting profile fitting refinements will be presented. The training shall consist of 32 hours of classroom and laboratory exercises. Proposed configurations shall consist of a high speed compound silicon strip detector (minimum of 100 channels) capable of simultaneous data acquisition across a specified two theta range and any associated slits, filters or optical accessories. Offers shall also quote a gas proportional or scintillation counter detector, diffracted beam graphite monochromator as an "optional" accessory (See CLIN 2). 1.5 Period of Performance: The period of performance will begin from date of award for a period of 5 months. The Contractor shall provide delivery of equipment and accessories at 4 months and acceptance of fully operational equipment and appurtenances within 1 month thereafter (Task 5.1). In addition, the contractor shall provide details of the systems' warranty that will cover a minimum period of one year. General 1.6 General Information 1.6.1 Performance Evaluation Meetings: The contracting officer may require the contract manager to meet with the contracting officer, COR and other government personnel as deemed necessary. The contractor may request a meeting with the contracting officer when he/she believes such a meeting is necessary. Written minutes of any such meetings must be recorded and signed by the contract manager and the contracting officer. If the contractor does not concur with any portion of the minutes, such non-concurrence must be provided in writing to the contracting officer within 3 calendar days following receipt of minutes. 1.6.2 Government remedies: The CO shall follow Federal Acquisition Requirement (FAR) 52.212-4, "Contract Terms and Conditions-Commercial Items" or 52.246-4, "Inspection of Services-Fixed Price" for a contractor's failure to perform satisfactory services or failure to correct non-conforming services. 1.6.3 Recognized holidays: a. The Government hereby provides NOTICE and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays: New Year's Day Martin Luther King's Birthday Presidents' Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Inauguration Day (when applicable) b. In addition to the days designated as holidays, the Government observes the following days: Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by the President's Proclamation c. The Contractor shall comply with the aforementioned Government holidays and any other day designated by Federal Statute, Executive Order, or Presidential proclamation. Therefore, the Government offices are closed to the Contractor's staff on the day(s) these holidays are observed. In addition, work shall not be required of the Contractor when Federal employees are released from work early due to inclement weather conditions or emergencies or when Federal offices are closed due to inclement weather conditions or emergencies (status is available at http://www.opm.gov/status/). 1.6.4 Hours of operation and place of performance: The Contractor is responsible for providing support between the hours of 07:30 a.m. and 4:00 p.m. Eastern Time 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 workforce 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 must immediately notify the COR 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 COR and other Point(s) 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. 1.6.4.1 Upon completion, COR and MSHA Pittsburgh Safety and Health Technology Center Laboratory Personnel approval, all equipment shall be delivered, installed and left operational at the following location: Pittsburgh Safety and Health Technology Center Bldg 38, Room 119C 626 Cochrans Mill Road Pittsburgh, PA 15236. 1.6.4.2 Travel Requirements: Travel may be required for Contractor staff to attend information gathering meetings, management briefings, and other authorized meetings. 1.6.5 Security requirements: • Any designs, equipment, and concepts that evolve from performance hereunder shall be considered as "Confidential Information." The Contractor shall not disclose any confidential information obtained in the performance of this contract. Any presentation of any designs, equipment, or concepts based on information obtained from the tasks covered by this contract will be subject to review and approval by the Government before publication or dissemination for accuracy of factual data and interpretation. • During the course of this contract, the Contractor shall have access to Government data relevant to this project, as required. Any information, not previously published, received from the Government in connection with this contract or furnished to the Contractor from other sources in response to the Government's requirements under this contract, will be restricted to this project, and may not be disclosed or used for any other purpose without the prior written approval of the CO. Title to Government owned data shall remain with the Government. The Contractor shall use the Government owned data only in connection with this Contract. • These restrictions do not apply to information which (a) currently or subsequently enters the public domain; (b) has been released to any third party, without restrictions; or (c) is obtained by the Contractor independent of the Government. 1.6.5.1 Physical Security. The contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured. 1.6.5.2 Key control: N/A. 1.6.6 Special qualifications: • The contractor shall be ISO 9001 certified. • Contractor's must have sold and serviced equipment within the past 5 years in the United States of America to an AIHA accredited lab that performs silica analysis in a similar manner contained herein the PWS. The scope of the AIHA accreditation must include silica by X-ray diffraction methods. 1.6.6.1 Additional Requirements: System installation and training shall be performed by application specialist(s), who have knowledge and experience working with quantitative analysis applications utilizing their employer's proposed system, as well as background in the field of XRD powder diffraction, and service personnel, who are knowledgeable in all aspects of instrument installation, preventive maintenance, repair, and troubleshooting. The applications specialist(s) must be an expert with the purchased system and instrument software capabilities to demonstrate its use in meeting the needs of MSHA sample analysis requirements (specified in Technical Exhibit 2) and to conduct on-site training of MSHA personnel. 1.6.7 Post-award conference or periodic progress meetings: The contractor agrees to attend any post-award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The CO, contracting officer's representative (COR), and other government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings, the CO will apprise the contractor of how the government views the contractor's performance, and the contractor will apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government. 1.6.8 COR: (To Be Designated) The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure 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, and specifications; monitor contractor's performance and notify both the CO and contractor of any deficiencies; coordinate availability of government-furnished property; and provide site-entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. 1.6.9 Project manager: The contractor shall provide a Project Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the project manager is absent shall be designated in writing to the CO. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. 1.6.10 Identification of contractor employees: All contract personnel attending meetings, answering government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials. They must also ensure all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. 1.7 SECTION 508 ACCESSIBILITY: Section 508 of the Rehabilitation Act of 1973 requires that Federal agencies' electronic and information technology (EIT) is accessible to people with disabilities. The Federal Acquisition Regulations (FAR) Final Rule for Section 508 can be found at www.section508.gov. The Federal Electronic and Information Technology Accessibility Standards (36 CFR 1194) are incorporated into and made a part of this PWS. These standards may be found at the Section 508 standards page within the website, above. The Contractor must comply with these standards in performing under this PWS. 1.8 FAR 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (Aug 1996) 1.8.1 The Contractor shall not publish or disclose in any manner, without the Contracting Officer's written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government. 1.8.2 To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor's facilities, installations, technical capabilities, operations, documentation, records, and databases. 1.8.3 If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party. 1.9 A final inspection of all work performed, all required reports, and all other deliverables as specified in this PWS shall be conducted at the place of delivery. Such inspections shall occur within ten (10) business days after the deliverables are submitted for review. Any deliverables that are not acceptable shall be rejected by the COR. The Contractor shall be required to revise such deliverables if they are incorrect or unacceptable. The Contractor will have 10 days to revise any unacceptable deliverables unless they acquire prior approval from the Government. 1.9.1 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 1878b. MSHA will analyze the standards used for these acceptance tests to verify their silica content. 1.10 In the event the Contractor encounters difficulty in either meeting performance requirements, anticipates difficulty in complying with contract delivery schedule or date, or has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the COR in writing, providing pertinent details. This provision shall not be construed as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by law or under this contract. PART 2 DEFINITIONS & ACRONYMS CFR - Code of Federal Regulations CO - Contracting Officer COR - Contracting Officer's Representative: A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor Defective Service - A service output that does not meet the standard of performance associated with it in the Statement of Work. DOL - Department of Labor FAR - Federal Acquisition Regulation MSHA - Mine Safety and Health Administration NIST - National Institute of Standards and Technology POP - Period of Performance PWS - Performance Work Statement 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 PWS. Quality Assurance - Those actions taken by the government to assure services meet the requirements of the Statement of Work. SF - Standard Form 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 PWS. The Contractor will be provided all samples to be analyzed and all necessary documentation pertinent to the performance of the specified tasks. PART 4 Contractor Furnished Items and Services 4.0 The Contractor shall furnish two turnkey systems inclusive of all software, and personnel required to perform installation, on-site training, and service as outlined in this PWS. PART 5 Specific Tasks The following is the set of tasks required under this Contract. All tools developed under this contract shall be validated for accuracy. The method(s) used for this determination shall be specified in the contract proposal. I. TASKS The following tasks are required under this Contract: Task 5.1 The Contractor shall provide all on-site preparation requirements to the MSHA Contracting Officer and Contracting Officer Representative in advance providing 30 day timeframe for completion prior to system delivery. Requirements will include everything needed to ensure that upon delivery the system can be installed and operational within 15 days to begin testing instrument performance to ensure it meets the requirements outlined in the proposal. Task 5.2 The Contractor shall provide delivery, installation, and testing of systems within the Period of Performance, Section 1.5. Once the instruments are delivered, the Contractor is responsible for installation of the systems, accessories, and software. Once installation is complete the installed systems must demonstrate operability is in compliance with the requirements of this PWS. Task 5.3 After equipment delivery and setup, and prior to acceptance, the government shall have 60 days for acceptance of equipment and appurtenances. The Contractor shall be available within 24 hours to fix or modify any defective performance within the POP. Task 5.4 The Contractor shall provide training for new turnkey X-ray diffraction systems. 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: 1. NIST SRM 1976 2. NIST 1878A, 1878B 3. 40 CFR, PART 136, APPENDIX B 4. NIOSH Manual of Analytical Methods, 4th Edition, Method 7500 5. OSHA Salt Lake City Technical Center Sampling and Analytical Methods, OSHA Method ID142 TECHNICAL EXHIBIT 1: MINIMUM PRODUCT SPECIFICATIONS 1. A quantity of two automated turnkey X-ray diffraction systems. Proposed configurations shall consist of a high speed compound silicon strip detector (minimum of 100 channels) capable of simultaneous data acquisition across a specified two theta range and any associated slits, filters or optical accessories. Offers shall also quote a gas proportional or scintillation counter detector, diffracted beam graphite monochromator as an "optional" accessory (See CLIN 2). • Minimum 2.2 kW generator for use with long fine focus copper x-ray tubes with a ~6º takeoff angle. The generator HV settings will range from ≤ 20 to 50 kV and be selectable in 1 kV increments. The current settings will range from ≤ 5 to 50 mA and be selectable in 1 mA increments. The generator high voltage output will vary no more than 0.03% per 10% variation in mains voltage. • Vertical Bragg-Brentano theta-theta or theta-2theta configuration goniometer, with a radius of no more than 300mm and an angular range spanning 0-120 degrees two-theta at a minimum, for operation in the focused beam mode. The sample stage will be horizontal. Goniometer alignment shall be fully automated and require no manual user adjustments. • Smallest selectable step width for goniometer must be at least 0.005º minimum. • A rotating sample stage will be included. The rotation rate will be user selectable and will be variable from at least 0-60 rpm. • Interchangeable fixed divergence slits and beam masks or theta compensating variable divergence slit or equivalent programmable slit. • Optics will include divergent and diffracted beam 0.04 and 0.08 radians Soller slits. • An automated sample changer with a minimum capacity of 60 samples. • 100 zero offset sample holders designed for samples deposited on 25mm diameter silver membrane filters. The filters are to be supported by a metal plate. • An electric power conditioning system suitable for the electrical service requirements of the instrument. • A closed circuit water recirculator for cooling the anode. The water recirculator must be an air/water heat exchange design. • Safety features will include abnormal water flow and pressure detection, abnormal generator overload detection, abnormal tube voltage detection, and an emergency stop switch. The system will be designed such that the X-rays will be completely shut off if any fail safe devices are tripped or fail to operate. The system will meet all Federal and state regulations for radiation safety. • The radiation enclosure shall be of steel construction with integrated lead panel direct beam stop, and shall have a lighted interior with viewing window or be equipped with a Webcam to view the sample stage operation. • Software packages providing programmable instrument control and data acquisition functions, phase identification, quantitative analysis and quantitative profile fitting capabilities. Profile fitting options will permit automatic or manual peak finding and background subtraction. Graphics capabilities should illustrate the areas represented for reported peaks. Quantitative analysis will be based on peak area measurement. Quantitative analysis software will output at a minimum the angular location in degrees two-theta of all integrated peaks, the Full Width Half Maximum (FWHM) of integrated peaks, and the total peak area. Results should include an indication of goodness of fit or profile fitting error. The software will have the ability to perform K-alpha two stripping of integrated peaks. The output may be in a proprietary binary format for use by the Contractor's software, but provision shall be made for output in a generic flat-text format. • The computer attached with the system shall be compatible with Windows 10 operating system and have the ability to upgrade to the latest patches and updates from Microsoft. MSHA will retain full administrative rights to the computer attached with the system. The system or attached computer shall not have any capability of controlled by remote access without the authorization of MSHA staff. MSHA shall be able to install required security software on the computer attached with the system. Minimum Configuration of the computer shall be: Operating System: Windows 10 Processor: Intel Core i7 Memory: 16 GB Hard Disk: 500 GB • The beam optics will include fixed or programmable divergence and receiving slits. • The primary beam optics will include a provision for masking the beam to control the width of the beam relative to the source-detector axis. • Detector variations will consist of a beta filter and a high speed compound silicon strip detector (minimum 100 channels) capable of simultaneous data acquisition across a range of 2.0º two-theta minimum with a resolution of 0.02º two-theta or less, and any associated slits; and/or a diffracted beam graphite monochromator, and a gas proportional or scintillation counter. These detectors will have a dynamic range of 1 to 106 cps minimum and a linear response range of at least 50,000 cps. • The autosampler, instrument, and computer work station shall measure less than 6 feet long X 8 feet wide X 6 feet high. TECHNICAL EXHIBIT 2: PERFORMANCE REQUIREMENTS Resolution will be evaluated on the basis of the separation and relative intensities of the K-alpha1 and K-alpha2 peaks at the 59.95°2θ diffraction angle of a 300 µg standard of NIST SRM 1878b; the peak maxima shall be distinct, separated by an interval corresponding to approximately 0.15 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 shall be approximately 4:3. The valley height is defined as the difference between the average baseline and the lowest point in the scan between the K-alpha1 and K-alpha2 peaks. 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 intense diffraction angles, of 26.66°2θ, 20.85°2θ, 50.16°2θ, and 59.95°2θ when using Cu Kα radiation. 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 shall be based on the peak area 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 by having them analyzed at the Pittsburgh Safety and Health Technology Center Laboratory, which is accredited by the American Industrial Hygiene Association for silica. These standards are prepared on 25mm-diameter silver membrane filters in the form of centered, circular deposits of 13 mm diameter. Limit of detection samples are scanned across all four angles and the raw data files are subjected to the most elementary automatic profile fitting single peak refinements to derive the peak areas. 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. Instrumental precision shall be analyzed by repetitive scans of standard reference materials at greater than or equal to 100 micrograms in mass, and it shall yield results agreeing within 2% for all samples. Drift shall be evaluated by ensuring that monitor readings do not differ more than 0.5% per day when averaged over the 60 day acceptance testing period. The instrument must meet the acceptance criteria for resolution, limits of detection, precision, and drift to be accepted by MSHA. Failure to demonstrate performance at the specified levels will be cause for rejection and a full refund of purchase price. Based on its prior experience MSHA expects that multipoint calibrations consisting of 7 mass ranges from 20 to 500 µg quartz (NIST SRM1878b) will exhibit linear response at the four diffraction angles specified. Typical zero-intercept linear regression calculations yield R2 regression coefficients of 0.995 or better for peak area vs. micrograms of quartz comparisons. Quantitative Analysis Software: • Profile fitting parameters shall be user selectable and editable to facilitate advanced pattern refinement and quantitative methods development. • Under default refinement conditions, initial fitting shall be accomplished in less than 1 minute per scan, including time it takes to access raw data file, select profile fitting options, and output peak area, peak or centroid location, FWHM, and other peak characteristics. • Repetitive fitting of same data file must yield results agreeing within 1% for standard materials. Profile fitting software must demonstrate capability to resolve quartz peaks from matrix interferences, yielding consistent results. • The profile fitting application used for complex sample analysis will be used for all acceptance tests. TECHNICAL EXHIBIT 3: PERFORMANCE MATRIX-QUALITY ASSURANCE SURVEILLANCE PLAN 1. PERFORMANCE OBJECTIVE 2. PERFORMANCE STANDARD (and AQL) 3. METHOD OF ASSESSMENT 4. SURVEILLANCE METHOD 5. INCENTIVE 1.Provide timely notification on items requiring government action 2. No more that 2% of the reports to the COR may be later than specified time period. 3. review request logs 4. 100% 5. Positive Performance Reference for future contracts 1.Deliver equipment 2. Accurate deliveries and scheduled delivery times met. 3. Delivery acceptance documentation 4. 100% 5. Positive Performance Reference for future contracts 1. Perform systems operation's testing 2. System is fully operational 99% of time. 3. Testing indicates operational 4. 100% 5. Positive 2Performance Reference for future contracts 1. Testing 2. 95% of AQL sample analysis A 3. Adequate Testing Range indicates Acceptance 4. 100% 5. Positive Performance Reference for future contracts 1. Drift 2. Prior to final acceptance, deterioration of x-ray tube shall not exceed greater than 0.5%/day 3. Testing range indicates Acceptance (Only monitored for 60 days) 4. 100% 5. Positive Performance Reference for future contracts 1. Final Acceptance 2. 100 % functionality 3. Testing ranges within Acceptable Quality Levels (AQLs) 4. 100% 5. Positive Performance Reference for future contracts 1. Training 2. 100 % training of personnel 3. Test 4. 100% 5. Positive Performance Reference for future contracts TECHNICAL EXHIBIT 4: DELIVERABLES 1. Deliverable 2. Timeframe 3. Contact 1. Receipt of site preparation requirements 2. Within 30 days of contract award 3. MSHA Contracting Officer and Contracting Officer Representative 1. Delivery of X-Ray Diffractometer System, accessories, and software 2. Within 120 days of contract award 3. Primary and Secondary POC 1. Installation 2. Within 30 days of delivery 3. Primary and Secondary POC 1. Acceptance testing of system 2. Within 21 days after installation 3. Primary and Secondary POC 1. Installation 2. Within 30 days of delivery 3. Primary and Secondary POC 1. Acceptance testing of system 2. Within 21 days after installation 3. Primary and Secondary POC 1. On-site training 2. Within 30 days after installation 3. Primary and Secondary POC 1. System Warranty 2. Period of 1 year after installation 3. Primary and Secondary POC Provisions and Clauses: The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR provisions and clauses may be viewed at www.acquisition.gov/far. Provisions: 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) (a) Definition. "Internal confidentiality agreement or statement," "subcontract", and "subcontractor", as used in this provision, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, 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 department or agency authorized to receive such information. (c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). 52.204-7 SYSTEM FOR AWARD MANAGEMENT (Oct 2016) 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015) (a) Definitions. "Inverted domestic corporation" and "subsidiary" have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10). (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (c) Representation. The Offeror represents that- (1) It □ is, □ is not an inverted domestic corporation; and (2) It □ is, □ is not a subsidiary of an inverted domestic corporation. 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JAN 2017) 52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (JAN 2017) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed at www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) 52.225-2 BUY AMERICAN CERTIFICATE (MAY 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) 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-Supplies." (b) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End of provision) 52.225-6 TRADE AGREEMENTS CERTIFICATE (MAY 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products. Other End Products: LINE ITEM NO. COUNTRY OF ORIGIN ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. 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 statute. 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 those products are insufficient to fulfill the requirements of this solicitation. (End of provision) 52.225-18 PLACE OF MANUFACTURE (MAR 2015) (a) Definitions. As used in this clause- "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) FPSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) o 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) o Outside the United States. 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATIONS (OCT 2015) (a) Definitions. As used in this provision- "Person"- (1) Means- (i) A natural person; (ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and (2) Does not include a government or governmental entity that is not operating as a business enterprise. "Sensitive technology"- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). (b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror- (1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and (3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if- (1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and (2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material. (End of provision) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov/far (End of provision) Clauses: 52.204-13 SYSTEM FOR AWARD MANAGEMENT (OCT 2016) 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JAN 2017) (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 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 Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (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). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. _X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Nov 2016) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). _X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). _X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(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 (FEB 2016) (38 U.S.C. 4212). _X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (33)(i) 52.222-50, Combating Trafficking 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 Eligibility Verification (OCT 2015). (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. __ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). __ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). __ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). __ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). __ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3. _X_ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (49)(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. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. _X_ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). __ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (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). __ (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). __ (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). __ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 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. (xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.225-1 BUY AMERICAN-SUPPLIES (MAY 2014) (a) Definitions. As used in this clause- "Commercially available off-the-shelf (COTS) item"- (1) Means any item of supply (including construction material) that is- (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. "Component" means an article, material, or supply incorporated directly into an end product. "Cost of components" means- (3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. "Domestic end product" means- (1) An unmanufactured end product mined or produced in the United States; (2) An end product manufactured in the United States, if- (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or (ii) The end product is a COTS item. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. "Foreign end product" means an end product other than a domestic end product. "United States" means the 50 States, the District of Columbia, and outlying areas. (b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for an end product that is a COTS item (See 12.505(a)(1)). (c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract. (d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate." (End of clause) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS CONTRACTORS (DEC 2013) 52.233-1 DISPUTES (May 2014) 52.233-2 SERVICE OF PROTEST (SEPT 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 Deborah W. Worrells, Contracting Officer, 1301 Airport Road, Beaver, WV, 25813, email Worrells.Deborah@dol.gov. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 52.233-3 PROTEST AFTER AWARD (AUG 1996) (a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stop-page. Upon receipt of the final decision in the protest, the Contracting Officer shall either- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if- (1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. (e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause. (f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government. (End of clause) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) United States law will apply to resolve any claim of breach of this contract. (End of clause) 52.247-35 FOB DESTINATION, WITHIN CONSIGNEE'S PREMISES (APR 1984) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far (End of clause) The following agency clauses are applicable to this acquisition and are incorporated herein: Agency Clauses INVOICING PROCEDURES: DOL 2014-01 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: (1) The contractor shall: a. Address the invoice to the appropriate e-mail address specified in the contract. b. Submit the invoice via attachment in PDF or TIFF format. c. Submit only one invoice per electronic submittal. d. Enter specific information in the subject line of the e-mail in the following format: <Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount> Example: ABC Co, OASAM, DOL00-00-X0000/X0000, Invoice Number AB-1298433, $15,000.00. e. Submit a copy of the email with the attached invoice to the contracting officer's representative (COR) at the COR email address specified in the contract. f. Before sending another e-mail with the same invoice attachment, 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, if the invoice exceed this limit, a summary invoice attachment of less than 16 megabytes should be e-mailed to the payment e-mail address above; while the detailed invoice, including any supplemental information, shall be sent to the COR or other representative at the address. b. Submit an invoice that is heavy in shading or color. 1. An e-mailed PDF image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible. 2. An emailed TIFF image must be black and white. c. Submit more than one attachment, as subsequent attachments will not be recognized. d. Submit more than one invoice in a single attachment. e. Attempt to use the "Recall or Resend" email message feature. (d) General Information. Payment due dates will be calculated only from the date that invoices are received in the electronic invoicing e-mail box and determined to be proper invoices. Inquiries regarding invoices should be e-mailed to InvoiceInquiries.msh@dol.gov. The relevant invoice must be attached to the inquiry e-mail and the subject line of the e-mail must state "INQUIRY," followed by the information described in paragraph (1) d. above. Example: INQUIRY: <Contractor Name>, 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. (f) 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. Department of Labor Office of Financial Management Operations, DFC PO Box 25367 Denver, CO 80225 DOL 2012-02 DOL'S CONTRACTOR'S OBLIGATION TO NOTIFY THE CONTRACTING OFFICER OF A REQUEST TO CHANGE THE CONTRACT SCOPE (a) Except for changes identified in writing and signed by the Contracting Officer, 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 of the contract. On the basis of the most accurate information available to the Contractor, the notice shall state: (1) The date, nature, and circumstances of the conduct regarded as a change in scope; (2) The name, function, and activity of each Government 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 of this notice, the Contractor shall continue performance in accordance with the contract terms and conditions, unless notified otherwise by the Contracting Officer. (c) The Contracting Officer shall promptly, within 5 business days after receipt of notice from the Contractor, respond to the notice in writing. In responding, the Contracting Officer 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 part, 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 will respond.
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66 -- Turnkey X-Ray Diffraction Systems