RFP_Showers_(Amended).pdf

502d Contracting Squadron Request for Proposal

0010915244 Lease and Maintenance Containerized Showers

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as applicable, and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. This solicitation is issued as a Request for Proposal (RFP). This requirement is being solicited as a 100% small business set-aside.

The North American Industrial Classification Systems (NAICS) Code for this requirement is 532120, with a Size Standard of $38.5M. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC), No. 2005-94, Effective: 19 Jan 2017. This (RFP) will be solicited as a commercial simplified acquisition in accordance with FAR Part 13.5, Procedures.

CLIN Description Qty Unit of Issue Unit Price Extended

Price Base Period

Containerized Shower Units, Turnkey Lease: The contractor shall provide all equipment, supplies, parts, tools, supervision and labor necessary for the operation/maintenance of new shower units in accordance with the performance work statement

12 Months

Option Year One

Containerized Shower Units, Turnkey Lease: The contractor shall provide all equipment, supplies, parts, tools, supervision and labor necessary for the operation/maintenance of new shower units in accordance with the performance work statement

12 Months

Option Year Two

Containerized Shower Units, Turnkey Lease: The contractor shall provide all equipment, supplies, parts, tools, supervision and labor necessary for the operation/maintenance of new shower units in accordance with the performance work statement

12 Months

Option Year Three

Containerized Shower Units, Turnkey Lease: The contractor shall provide all equipment, supplies, parts, tools, supervision and labor necessary for the operation/maintenance of new shower units in accordance with the performance work statement

12 Months

Option Year Four

Containerized Shower Units, Turnkey Lease: The contractor shall provide all equipment, supplies, parts, tools, supervision and labor necessary for the operation/maintenance of new shower units in accordance with the performance work statement

12 Months

Total

NOTE: Delivery location is Joint Base San Antonio (JBSA)-Camp Bullis

1. Description of Requirement: The requirement is to provide new turnkey containerized showers at the Medical Training Facility located in Training Area 22 (TA22) on Camp Bullis. Work shall be accomplished to support three (3) week training periods six times per year as directed by the Government. The showers shall provide field sanitation facilities for trainees using the facility. Three (3) containerized showers (18 heads) must be provided. Showers shall be configured so that separate facilities for males and females must be provided. All work shall be accomplished in a manner consistent with industry standards. The contractor shall provide all equipment, supplies, parts, tools, supervision and labor to deliver and install containerized showers required under this performance work statement (PWS) in order to provide showers, potable water delivery, and housekeeping. Any special tools or equipment required for installation shall be solely the responsibility of the contractor. The vendor shall be responsible for the tear down and removal of the equipment at conclusion of the contract as defined in this Performance Work Statement (PWS).

2. Delivery, Inspection & Acceptance:

FOB: Destination Inspection & Acceptance: Destination Period of Performance (POP): Base: 1 Apr 2017-31 Mar 2018

Option One: 1 Apr 2018-31 Mar 2019 Option Two: 1 Apr 2019-31 Mar 2020 Option Three: 1 Apr 2020-31 Mar 2021 Option Four: 1 Apr 2021-31 Mar 2022

Delivery Address: Medical Training Facility (MTF) Training Area (TA22) 25355 Monterrey Road JBSA-San Antonio, TX 78257

The provision at FAR 52.212-1, Instructions to Offerors - Commercial Items (Jan 2017), applies to this acquisition, in addition to the following addenda:

A. General. To ensure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements in addition to those identified as evaluation factors and sub factors. Failure to meet a requirement may result in an offer being ineligible for award in the absence of discussions. Taking exception to any provision in the solicitation without addressing the exception with the Contracting Officer before the cutoff time listed in Paragraph B below will render the proposal ineligible for award.

The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers.

The proposal in response to this solicitation shall consist of two (3) separate volumes: Volume I - Technical Proposal Volume II - Price Proposal, and Volume III – Past Performance. All documents submitted in response to this request for proposal (RFP) must be fully responsive to and consistent with the requirements of the RFP.

The CO has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the CO will review this determination, and if adequate price competition exists, no additional cost information will be requested. However, if at any time during this competition the CO determines that adequate price competition no longer exists, offerors may be required to submit other than certified cost or pricing data IAW FAR 15.403-3 to the extent necessary for the CO to determine the reasonableness of the proposed prices.

B. Proposals must include unit and extended prices for all line items, all required Offeror Representations and Certifications, Cage Code and Discount Terms, if applicable. All quotes are due by Tuesday, 2:00PM, Central Time, 14 Mar 2017. Proposals received after 14 Mar 2017 at 2:00 p.m. CST will be handled in accordance with FAR Clause 52.212-1(f). All proposals must be in English. All proposals shall be submitted via e-mail to Contracting Specialist: werner.b.martin.civ@mail.mil and Contracting Officer: elissa.p.jones.civ@mail.mil.

C. Proposal Format. The proposals will be on 8 1/2 x 11 inch paper except fold-outs used for charts, tables, or diagrams, which may not exceed 11 x 17 inches. A page is defined as one face of a sheet of paper containing information. Double sided printing will be counted as two pages. All documents submitted should be printed double-sided, as practical. Typing font size shall not be less than 12 pitch. Elaborate formats, bindings, paper, photos, or color presentations will not enhance the rating of the proposal.

PROPOSAL ORGANIZATION

Volume Volume Title Number of Proposals Page Limit I Technical 1 Electronic Copy 10 pages II Price 1 Electronic Copy 10 pages III Past Performance 1 Electronic Copy 10 Pages

D. Solicitation Questions: Questions will be accepted until 2:00PM, Central Time, Thursday, 09 Mar 2017.

Answers to questions will be made accessible to all potential offerors. Questions shall be in writing and sent via e-mail to Contracting Specialist: werner.b.martin.civ@mail.mil and Contracting Officer:

elissa.p.jones.civ@mail.mil.

E. A pre-proposed site visit is scheduled for Tuesday, 07 Mar 2017, 10:00AM Local Time. Please contact, Mr. Werner B. Martin, (210)221-4198 no later than 3 Mar 2017 for base pass information. Visitors will need to submit the following information:

Last Name, First Name MI (Full name of visitor).

DOB: Date of Birth ID Type (Must be valid form of photo ID, DL – Drivers License, SID – State ID, VIC – Veteran Identification Card, PP – Passport).

ID Number (The associated number assigned to the ID Type) State of Issue (State where identification was issued)

Participants will meet at: 502d Contracting Squadron 2250 Engineering Street Ste 1 Joint Base San Antonio (JBSA) San Antonio, TX 78234

Contractor MUST be registered in System for Award Management (SAM) database and shall provide the following information:

Company Name: _______________________ mailto:werner.b.martin.civ@mail.mil mailto:elissa.p.jones.civ@mail.mil mailto:werner.b.martin.civ@mail.mil mailto:elissa.p.jones.civ@mail.mil

DUNS number: _______________________ Cage Code: _______________________ Federal Tax ID: _______________________ Email Address: _______________________ Phone Number: _______________________ Fax Number: _______________________

2. VOLUME INSTRUCTIONS

A. VOLUME I – TECHNICAL PROPOSAL - Submit one email proposal with a Technical Proposal Volume containing the following:

Table of Contents Technical Approach Quality Control Plan

Technical Factors. Ensure the Technical Proposal clearly demonstrates the offeror possesses technical knowledge and the capability to perform all operations in accordance with the performance work statement.

Technical Factor 1: Technical Approach The offeror shall explain their methodology for accomplishing the requirements of the PWS by describing the proposed organizational structure and management approach, emphasizing how the offeror proposes to accomplish and control the effort necessary for fulfillment of the PWS requirements. Of particular interest in this Technical Approach is the offeror’s approach to provide containerized showers for trainees using the facilities on Camp Bullis.

The offeror shall describe plans for tracking and controlling work and for supervising and monitoring performance including methods for monitoring, maintaining, and enhancing the quality of services. They shall describe any proposed subcontracting and or cooperative business arrangements, their operational and technical benefits to the Government, and the effectiveness of the proposed approach for managing these arrangements to ensure meeting the requirements of the PWS.

Technical Factor 2: Quality Control Plan (QCP) The offeror shall submit a description of how quality and timeliness will be tracked and controlled, and the method of interaction and reporting to the Government. The QCP must also demonstrate how the offeror will meet all quality control requirements in the Performance Work Statement (PWS). If applicable, the QCP shall address how the work efforts of subcontractor will be managed for quality and timeliness.

B. VOLUME II – PRICE PROPOSAL – The Price Proposal Volume will contain the following:

Table of Contents The offeror shall insert proposed unit and extended prices for each Contract Line Item Number (CLIN) and Sub CLIN, including all option periods. The CLIN quantities are annual estimates. All unit prices must be rounded to no more than 2 decimal places. The extended amount must equal the whole dollar unit price multiplied by the number of units. The proposal must be submitted for a base plus four (4) option year periods.

The offeror shall complete the necessary fill-ins and certifications for all provisions and clauses throughout the RFP. In doing so, the offeror accedes to the contract terms and conditions. Information beyond that required by this instruction shall not be submitted.

C. VOLUME III: PAST PERFORMANCE - Submit information on contracts you consider most relevant in demonstrating your ability to perform the proposed effort. The offeror shall submit a maximum of five (5) contracts.

Recency The offeror shall submit a description of no more than five (5) contracts performed within three (3) years of the release of this solicitation. Include the following information:

Contract Number and Title Place of Performance Period of Performance Contracting Officer’s Name, Email Address, Phone Number Contract Value (including options)

Relevancy The offeror shall include a brief description of the services performed and reasons why the effort should be considered relevant in relation to the solicitation requirements. Include rationale supporting your assertion of relevance. Offerors are cautioned that the Government will use data provided by each offer in this section and data obtained from other sources in the evaluation of relevant performance information. Offerors are required to explain what aspects of the contracts are deemed relevant to the proposed effort, and to what aspects of the proposed effort they relate. To clearly link the past performance information to the technical factors, the offeror should identify which contracts are relevant indicators of performance against a technical factor. Include the technical approach and quality control plan in the description of each relevant service contract.

(End of Provision)

ADDENDUM to FAR 52.212-2, EVALUATION—COMMERCIAL ITEMS (OCT 2014)

A. General. Evaluation criteria are the same for all competing offerors. The Government will award a single contract resulting from this solicitation. The Government will select the proposal with the lowest evaluated price from among those meeting the acceptability standards for non-price factors. A contract may be awarded to the offeror who is deemed responsible in accordance with the FAR Part 9 Contractor Qualifications, as supplemented, whose offer conforms to the solicitation’s requirements (to include all stated terms, conditions, representations, certifications, and all other information required by the FAR 52.212-1 Addendum of this solicitation) and is judged, based on the evaluation factors, to represent the lowest price technically acceptable proposal. While the Government will strive for maximum objectivity, the source selection process, by its nature, is subjective; and therefore, professional judgment is implicit throughout the entire process. A written notice of award or acceptance of a proposal, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Evaluations will be conducted in the following manner:

a. The Government evaluation team will rank offers according to their total evaluated price (TEP). The evaluation criteria in the Addendum to FAR 52.212-2 will be applied to each of the proposals in rank order. If the evaluation team finds that the lowest (TEP) is technically acceptable on all criteria with an acceptable past performance rating, the evaluations will stop. Subject to a determination of contractor responsibility, that offeror will receive award.

b. If discussions are required, a competitive range will be established beforehand in accordance with FAR 15.306.

The Government will hold discussions with offerors and Final Proposal Revisions will be requested. After receipt of the Final Proposal Revisions, a best value determination will be accomplished in accordance with the source selection criteria. If the technically acceptable offeror with the lowest evaluated reasonable price and acceptable past performance represents the best value to the Government, the evaluation process stops at this point. Subject to a determination of contractor responsibility, that offeror will receive award.

c. If the technically acceptable offeror with the lowest evaluated reasonable price does not have an acceptable performance rating, the technically acceptable reasonably priced proposal with the next lowest evaluated price will be considered and the process will continue (in order by total evaluated price) until the Government reaches a Technically Acceptable reasonably priced offer with acceptable past performance rating.

2. Evaluation Criteria.

A. Technical Acceptability. The Government will evaluate the technical acceptability of lowest total evaluated priced offerors. To be acceptable, all technical sub factors must be rated Technically Acceptable.

The Government will evaluate the offeror’s proposal against the requirements of the technical factors to determine whether the proposal is Acceptable or Unacceptable, using the ratings and descriptions in the following table:

Table A-1. Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation

The following technical factors will be evaluated:

(1) Technical Evaluation Factor 1: Technical Approach This requirement is met when the offeror provides a sound business approach to accomplishing all aspects of the PWS. Of particular interest in this Technical Approach is the offeror’s approach to storing a large volume of laundered items (IAW PWS workload estimates) at the Contractor’s facility while awaiting return delivery to the Laundry Pick-Up and Delivery Service Point on Joint Base San Antonio (JBSA).

The offeror must address its plan for tracking and controlling work and for supervising and monitoring performance including methods for monitoring, maintaining, and enhancing the quality of services. Address any proposed subcontracting and or cooperative business arrangements, their operational and technical benefits to the Government, and the effectiveness of your proposed approach for managing these arrangements to ensure meeting the requirements of the PWS.

(2) Technical Evaluation Factor 2: Quality Control Plan (QCP) The government will evaluate the offeror’s plan to determine if it is sufficient to meet the Quality Control requirements in paragraph 2.1 of the Performance Work Statement (PWS) to include the procedures to track, identity, prevent, remedy and ensure non-recurrence of defective service. In making this assessment, the Government will evaluate the proposed plan against the estimated CLIN quantities and the projected level of work for the requirement.

B. Price Evaluation. Price will be evaluated for fair and reasonableness in accordance with one or more of the proposal analysis techniques described under FAR 15.404-1, which includes, but is not limited to, price analysis and unbalanced pricing. Adequate price competition in accordance with FAR 15.403-1(c)(1)(i) is anticipated to determine price reasonableness and the Contracting Officer (CO) has determined that this requirement meets the definition of a commercial item per FAR 2.101; therefore, certified cost or pricing data are not required per FAR 15.403-1(b)(1) and (3). However, if at any time during this competition the CO determines that adequate price competition no longer exists or that price reasonableness cannot be determined, offerors may be required to submit data other than certified cost or pricing data, as appropriate, for the CO to determine price reasonableness.

Prices will be evaluated based on the Total Evaluated Price (TEP), which will be calculated by multiplying the quantities for the Firm Fixed Price (FFP) CLINs 0001-4001 for all contract periods identified in the SF1449

(Schedule of Supplies/Services) by the CLIN’s unit price. The total amounts for FFP CLINs 0001-4001 for the base period plus all option periods will then be summed to equal the TEP.

FAR Clause 52.217-8, Option to Extend Services and FAR 52.217-9, Option to Extend the Term of the Contract are included in the RFP and will be incorporated into the resultant contract. Upon exercise, the clause(s) will extend the terms and conditions of the contract period, being extended, at the rates specified in the contract, the evaluation of which will be considered and included in the initial evaluation of the proposal (to include the base period plus all option periods).

C. Past Performance. A past performance evaluation team within the SSEB will conduct a past performance evaluation that examines an offeror's recent, relevant past performance record to assess the government’s confidence in the offeror’s ability to perform as proposed. A maximum of five (5) previous contracts within the last three (3) years of the solicitation release date will be considered. The past performance evaluation will be accomplished by focusing on the requirements, which directly relate to the Technical sub factors. A relevancy determination of the offeror’s past performance, including joint ventures, subcontractors and/or teaming partners, will be made. In determining relevancy for contracts, consideration will be given to the effort, or portion of the effort, being proposed by the offeror, teaming partner, or subcontractor whose contract is being reviewed and evaluated. The Government is not bound by the offeror’s opinion of relevancy. The following relevancy definitions apply:

Table C-1. Past Performance Relevancy Ratings Rating Definition Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

The Government evaluation team will conduct an in-depth review and evaluation of all performance data obtained to determine how closely the work performed under those efforts relates to the proposed effort. The team will, as deemed necessary, confirm past performance data identified by offerors in their proposals and obtain additional past and present performance data, if available from other sources. Other Government sources may include the Past Performance Information Retrieval System (PPIRS), the Contractor Performance and Reporting System (CPARS), the Federal Awardee Performance and Integrity Information System (FAPIIS), the Electronic Subcontract Reporting System (eSRS), or other databases; interviews with program managers, contracting officers, and fee determining officials; and the Defense Contract Management Agency.

The past performance evaluation will consider the number and severity of problems, the effectiveness of any corrective actions taken, and the offeror's overall performance record. Past Performance will be rated on an “Acceptable” or “Unacceptable” basis at the Past Performance factor level using the ratings in the DoD Source Selection Procedures, Table A-2.

Table C-2. Past Performance Evaluation Ratings (*SEE NOTE BELOW) Ratings Description Acceptable Based on the offeror’s performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

* Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system.

Offerors may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. The Government reserves the right to reassess an offeror's performance based on the offeror's responses to or clarifications to certain aspects of their proposal and make our own determination on the performance assessment.

(End of Provision)

3. In addition to the applicable clauses in FAR 52.212-5, Contract Terms And Conditions Required to

Implement Statutes or Executive Orders--Commercial Items (Deviation 2013-O0019) (Jan 2017), the following clauses and provisions identified below, also applies to this acquisition:

Clauses Incorporated By Reference:

FAR 52.202-1, Definitions (Nov 2013) FAR 52.203-3, Gratuities (Apr 1984) FAR 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), Alternate I (Oct 1995) FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) FAR 52.203-16, Preventing Personal Conflicts of Interest (Dec 2011) FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) FAR 52.204-7, System for Award Management (Oct 2016) FAR 52.204-9, Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 2.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) FAR 52.204-13, System for Award Management Maintenance (Jul 2013) FAR 52.204-16, Commercial and Government Entity Code Reporting (Jul 2016) FAR 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2016) FAR 52.209-6, Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) FAR 52.209-10, Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) FAR 52.217-5, Evaluation of Options (Jul 1990) FAR 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) FAR 52.219-8, Utilization of Small Business Concerns (Nov 2016) FAR 52.219-14, Limitations on Subcontracting (Jan 2017) FAR 52.219-28, Post-Award Small Business Program Representation (Jul 2013) FAR 52.222-3, Convict Labor (June 2003) FAR 52.223-6, Drug-Free Workplace (May 2001) FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008) FAR 52.232-1, Payments (Apr 1984)

FAR 52.232-8, Discounts for Prompt Payment (Feb 2002) FAR 52.232-23, Assignment of Claims (May 2014) FAR 52.232-33, Payment by Electronic Funds Transfer-- System for Award Management (Jul. 2013) FAR 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.233-1, Disputes (May 2014) FAR 52.233-3, Protest after Award (Aug. 1996) FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.237-1, Site Visit (Apr 1984) FAR 52.237-2, Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) FAR 52.242-13, Bankruptcy (Jul 1995) FAR 52.247-34, FOB Destination (Nov 1991) FAR 52.253-1, Computer Generated Forms (Jan 1991) DFARS 252.201-7000, Contracting Officer's Representative (Dec 1991) DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials (Oct 2016) DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sep 2013) DFARS 252.203-7005, Representation Relating to Compensation of Former DOD Officials (Nov 2011) DFARS 252.204-7003, Control of Government Personnel Work Product (Apr 1992) DFARS 252.204-7004 Alternate A, System for Award Management (Feb 2014) DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2015) DFARS 252.211-7003, Item Unique Identification and Valuation (Mar 2016) DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Jun 2012) DFARS 252.232-7010, Levies on Contract Payments (Dec 2006)

Clauses Incorporated By Full Text

FAR 52.212-3, Offer or Representations and Certifications - Commercial Items (Jan 2017) The offer or shall complete only paragraphs (b) of this provision if the Offer or has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offer or has not completed the annual representations and certifications electronically, the Offer or shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. In the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. In the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of http://www.sam.gov/portal labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. In the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(vi) The Family and Medical Leave Act; and

(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(4) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

http://www.dol.gov/fairpayandsafeworkplaces

(5) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(6) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 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.

http://www.osha.gov/dcsp/osp/approved_state_plans.html

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

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)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women;

or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph

(a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

https://www.acquisition.gov/

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:

_____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41…