Sol_140F0718R0001.pdf

Statement of Work

Title: AMT Tiglax Shipyard

Location: Off-site, at shipyard

Background/History:

The R/V Tiglax requires extensive painting, repairs, and maintenance every four years at an off-site shipyard.

The last shipyard visit was in the winter/spring of 2014.

Project Description:

The R/V Tiglax will leave its home port with a full crew to be put in dry dock for painting, repairs, and maintenance. The contractor shall provide all labor, materials, equipment, and supervision necessary to complete the items in the Performance Requirements/Contract Tasks list.

During this time, all or part of the crew will remain on site, either at local hotels or in rented facilities; crew lodging is not at the expense of the vendor. The crew will bring a vehicle with them to the shipyard to eliminate the need of a rental vehicle. The ship will sail with a minimum load of fuel to facilitate work done at the shipyard requiring minimal levels of fuel in tanks.

Deliverables: Please see attached Performance Requirements/Contract Tasks

Period of Performance: 2/1/2018 – 4/10/2018

Government Furnished Equipment/labor:

• Item 2 ....... pigtail (to be attached to vendor supplied power cable), 1 ea

• Item 9…… ship’s crew will remove wooden decking

• Item 22…. 730’, 1” diameter, 6x25 galvanized center anchor wire with a thimble on one end

• Item 26 ..... portlight spigots, 17 ea, ship’s crew removes portlights

• Item 27…..forward cargo hatch and coaming

• Item 28 ….aft hatch and coaming

Additional Info/Requirements:

Historically, paint work done at Alaska shipyards has been substandard due to the ambient temperature and humidity at the time work needs to be done (winter). When this work has been performed in Alaska, the painting has failed earlier than expected. For this reason, we’d prefer not to have the work done in Alaska.

Selected shipyard location should have a reasonable expectation of proper temperatures for proper painting.

We would like individual cost estimates on each of the 29 items in the task list. Each task list item has bulleted tasks underneath it which should describe the tasks to be performed and for which a cost can be associated. Doing this will permit us to see the cost of each line item when/if we have to make cuts to the project due to insufficient funds.

There may be a need for vendors to conduct a site reconnaissance and to prepare a work plan and cost proposal. Site visit, if necessary, is the responsibility of the bidder and not a part of the contract.

Attachments:

• Performance Requirements/Contract Tasks

• Vessel paint schedule

• Docking plan

2018 R/V Tiglax Shipyard Performance Requirements/Task list

Item 1: Dry Dock and Lay Days

• Dry dock the vessel with up to four weeks of lay days in a floating dry dock, not on a rail ways unless ways is fully capable of handling the weight of the vessel with adequate breaking capacity.

• Vessel is 121' in length, with a beam of 32.8, draft of 12.5', 416 gross tons. Docking plan is on file aboard the vessel and will be available to the selected yard.

Item 2: Administrative Costs & Temporary Services

• Cost of contractor administrative costs and temporary services for the vessel and crew.

• The vessel will require shore power, 480 VAC three phase, up to 200 amperes. A pigtail compatible with the shore power socket will be furnished by the USFWS, and the cable furnished by the shipyard.

• The vessel reps will need occasional access to a yard fax machine for approximately 3 inbound or outbound faxes per workday, and access to internet and a printer.

• Restroom facilities for the ship reps will need to be available, as the vessel restrooms will be secured for the shipyard period.

• Plastic mat is to be laid down on interior decks to protect deck coverings and taped down at the edges to keep them in place. Plastic mat is to be laid down on the wooden wear deck to protect it from paint over-spray.

Item 3: Bottom Work

• Pressure wash the bottom plating, gratings, rudder spades, shaft tubes, inside of both sea chests and their gratings, and sides up to the waterline to remove marine growth.

• Scrape any marine growth from unpainted areas, such as transducer faces and the four Fernstrum Gridcooler keel coolers.

• Remove the two bolt-on sea chest grates, and prep the sea chest interiors and grates for repainting in the same manner as the rest of the bottom.

• Spot blast to SSPC-SP-6, up to 35 % of total hull area, if necessary.

• Mask off the normally unpainted items, prime and repaint entire bottom, gratings, rudder spades, shaft tubes, and sides to existing waterline with two coats of anti-fouling paint per schedule.

• Repaint draft marks fore and aft with white anti-fouling paint per schedule.

• Repaint bulbous bow symbol in same location.

• Replace existing sacrificial 12# zinc inside both sea chests.

• Drain the main engine coolant from both engines through the keel cooler plugs, dispose of the old coolant.

• Drain coolant from both generators keel cooler plugs, dispose of old coolant.

• Remove generator and main engine keel coolers, scrape major marine growth off and send both keel coolers to a facility that can boil them out and pressure test them.

• Reinstall both main and generator keel coolers after they have been serviced. Re-install according to the manufacturer’s specs.

• Refill the main and generator engines with pre-mix extended life coolant.

Item 4: Propeller and Shaft Work

• Remove both propellers and shafts and determine the balance, track and overall condition of the propellers. Provide findings to the USFWS.

• Clean and remove the shafts for inspection of straightness and overall integrity. The shop will polish the bearing and packing areas and provide findings of the overall straightness to the USFWS.

• Re-install the shafts after their return from the shop, blue fit the hub tapers to the respective tail shaft tapers to 65% contact

Item 5: Rudder Work

• Grind off tack welds on both rudder spade flange bolts, or cut the bolts.

• Lower two rudder spades from the rudder stock flanges and remove packing, measure the shaft cutlass bearing clearances on four sides top and bottom, (one bearing per stock), and furnish bearing measurements to the USFWS.

• Replace packing.

• Clean and repaint both spades and reinstall.

• If the bolts are destroyed in disassembly, they are to be replaced with new ones of equivalent size and type.

• Weld flat bar on bolts to lock the nuts and bolt heads.

Item 6: Tail Shaft and Transmission Work

• Cut off one flat bar rope guard on each stern tube, measure both outboard cutlass bearing clearances on four sides of each shaft and furnish bearing measurements to the USFWS.

• Remove both shaft brake calipers and unbolt brake discs.

• Unbolt shaft couplers, take face run out measurements, and furnish USFWS with findings.

• Remove both tail shafts.

• Re-install shafts and rope guards, shaft brake assemblies, and shaft couplers.

• Inspect/repair rope cutters.

• Inspect stern tubes and remove existing marine growth and loose rust and prime & paint inside shaft tube.

Item 7: Freeboard Repaint

• Clean and etch freeboard, guardrails, and bulwarks and all standpipes and if the standpipes are compromised at the deck level replace with new steel and prep with GMA 571 solution.

• Spot sandblast remaining interior bulwarks to SSPC-SP-6, up to 35 % of total area, as needed, on any rusted/damaged areas to tight intact coating, with feathered edges.

• Repaint per vessel paint schedule.

• Replace vinyl lettering on stern and both sides of bow.

Item 8: Topsides Repaint

• Clean and etch superstructure, forecastle, upper decks, mast, smokestack, and railings with GMA 571 solution.

• Mask off windows, port lights, light fixtures, and antennas.

• Spot sandblast to SSPC-SP-6, to 30% of total area, any rusted/damaged areas to tight intact coating, with feathered edges.

Item 9: Main Deck Repaint (below wooden deck boards)

• Clean and etch main deck and bulwarks with GMA 571 solution.

• Spot sandblast to SSPC-SP-6, to15% of total area, any corroded/damaged areas to tight intact coating, with feathered edges.

• Vessel crew will remove and replace raised wooden deck.

Item 10: Deck Equipment Repaint

• Clean and etch cranes and windlass with GMA 571 solution.

• Spot sandblast to SSPC-SP-6, to 15% of total area, or hand prep any damaged/corroded areas to tight intact coating, with feathered edges.

Item 11: Aft Stores Bilge Repaint

• Spot prep corroded bilge in two cubby spaces in aft stores to SSPC-SP-3 up 15% of total area, to tight intact coating.

• Repaint affected areas per the vessel paint schedule.

Item 12: Lazarette Repaint

• Spot prep any damaged/corroded areas, to SSPC-SP-3 up to 20% of total area, to tight intact coating, with feathered edges.

• Repaint affected areas per the vessel paint schedule.

Item 13: Engine room Bilge Repaint

• Spot prep any damaged/corroded areas, to SSPC-SP-3 up to 20% of total area, to tight intact coating, with feathered edges.

• Repaint affected areas per the vessel paint schedule.

Item 14: Sea Chest Work

• Clean and inspect two 4" sea chest main valves, blue fit valve gate to seat.

• Clean and inspect two 4” simplex sea strainers.

Item 15: Pressure Wash Bilges

• Pressure wash and vacuum engine room and lazarette bilges.

Item 16: Potable Water Tank Work

• Clean three potable water tanks - two of 1500 gallon capacity wing tanks and one of 2000 gallon capacity center tank.

• Spot prep damaged/corroded areas to SSPC-SP-3 up to, 15% of total area, to tight intact coating, with feathered edges.

• Replace access hatch gasket with new of same type.

• Repaint affected areas per the vessel paint schedule.

Item 17: Ballast Tank Work

• Pressure wash one seawater ballast tank of 5000 gallon capacity (forepeak) and one seawater ballast tank of 4000 gallon capacity (No. 1).

• Spot prep any damaged/corroded areas to SSPC-SP-3 up to 20% of total area, to tight intact coating, with feathered edges.

• Replace access hatch gasket with new of same type.

Item 18: Black/Gray Water Tank Work

• Remove hatches and pressure wash tank (Anti-roll).

• Spot prep any damaged/corroded areas to SSPC-SP-3 up to 30% of total area, to tight intact coating, with feathered edges.

• Replace access hatch gasket with new of same type.

• Install a new penetration for a high alarm sensor. ½ in pipe collar 316 SS.

Item 19: Gas Tank Work

• Pressure wash and inspect the fuel tank that is located in the forward crane base.

• Spot prep any damaged/corroded areas to SSPC-SP-3 up to 15% of total area, to tight intact coating, with feathered edges.

Item 20: Waste Oil Tank Work

• Pressure wash one 500 gallon waste oil tank.

• If painted, spot sandblast or hand prep any damaged/corroded areas, up to 15% of total area, to tight intact coating, with feathered edges.

Item 21: Stbd Anchor Gear Work

• Replace six shots of 1" galvanized anchor chain.

• Replace 6- 1” master links, one pear link and one swivel. All items are part of the starboard anchor gear.

• Weld up grooves cut into the outboard edges of the hawse pipe by the anchor chain with

"hard face" welding rod.

• Replace the shackle attaching the anchor chain to the pad-eye in the chain locker with a new one.

• Ship’s crew will weld in the taper pins on any new connecting links.

Item 22: Center Anchor Work

• Remove and dispose of old anchor cable

• Replace anchor cable 730’, 1” diameter, 6x25 galvanized with a thimble on one end.

Provided by USFWS.

Item 23: Chain Locker Work

• Pressure wash chain locker, spot prep any damaged/corroded areas to SSPC-SP-3 up to

30% of total area, to tight intact coating.

• If warranted, spot sandblast to SSPC-SP-6, to 30% of total area.

Item 24: Hull UT Inspection

• Conduct a complete ultra sound of the ship’s hull from bow-to-stern and from the waterline to the keel in a variety of locations to assess the thickness of the ship’s hull.

• Place extra attention to areas around the ships engine room and lazarette, propeller stuffing boxes, and above the prop areas.

• Provide findings to USFWS and if there are comprised areas that need to be addressed an evaluation will be done to consider how much compromised steel will be replaced.

Item 25: Aft Crane Remove/ Rebuild/Reinstall (Alaska Marine Crane MCT-537)

• Disconnect and remove aft crane, including rotating bearing and pedestal.

• Cut out and replace wasted steel in main boom belly pan from heel to new plate ahead of boom up ram pin with new A572 plate, minimum 0.25” thickness.

• Add doubler plate to main boom sides as needed where plate thickness is below 0.20”.

• Disassemble, inspect, CFR, hone, and reseal boom up cylinder.

• Pressure test and CFR telescopic cylinder.

• Disassemble, inspect, CFR, reseal two (2) slew drive planetary gearbox.

• Pressure test and CFR two (2) slew drive brakes.

• Visually inspect and CFR seal area of two (2) slew drive motors.

• Fabricate and install two (2) Nylatron sheaves.

• Inspect and CFR telescopic boom wear pads.

• Renew all grease zirks with stainless steel versions.

• Perform a dynamic load test and braking force test on the winch, CFR and, if it passes tests, change winch oil. If the winch fails any test, rebuild it.

• Install a plumbed grease line through the pedestal to the rotating bearing.

• Sandblast, prime, and paint three (3) boom sections and crane turret to vessel paint schedule (to be furnished by vessel COTR).

• Needle gun, prime, and paint cylinders, winch, and slew drives.

• Reassemble and reinstall crane on new pedestal.

• Replace existing exterior welded steel hydraulic piping and through-bulkhead fixtures with bent schedule 316 SS tubing and 316 SS pipe clamps.

Item 26: Port light Spigot Remove & Replace

• Replace 17 port light spigots with new spigots provided by USFWS.

• The existing deadlights, hinge pins, and dogs will be re-used with the replacement spigots.

• Ship’s crew will disassemble and reassemble port lights onto new spigots.

Item 27: Cargo Hatch Remove & Replace

• Remove and replace cargo hold flush deck hatch and coaming.

• New hatch to be supplied by USFWS.

Item 28: Aft Stores Hatch Remove & Replace

• Remove aft stores flush deck hatch.

• Install new hatch and coaming supplied by USFWS.

Item 29: Troubleshoot and Repair Marine Sanitation Device

• Troubleshoot and repair black/gray water storage tank booster pump wiring.

• Troubleshoot Marine Sanitation Device low-psi shutdowns.

Item 30: Sea Trials

• When the ship representatives and the yard agree that the vessel repairs are substantially completed, the vessel will be taken on a sea trial. It may be run for up to four hours at full throttle on both mains, with turning and crash stop maneuvers.

• The vessel regular crew will be aboard for line handling, piloting, and engineering; at least one yard mechanic and the ship superintendent (or his representative) will be on board.

• In the event that the sea trial is cut short due to problems with the repaired items, another complete sea trial will be conducted following repairs.

R/V Tiglax paint schedule

Manufacturer: International Paint OR EQUAL

Vessel exterior above bottom paint, bulwarks, mooring bitts, forward crane, windlass, trawl winches, upper stack trunk:

QHA027/QHA028 Interzinc Inorganic Zinc

FPJ034/FPA327 H.S. Light Gray Universal Epoxy

PCE992/PCA001 Interthane Ocean Blue Urethane

House and railings, aft crane, mast, lower stack trunk:

QHA027/QHA028 Interzinc Inorganic Zinc

FPJ034/FPA327 H.S. Light Gray Universal Epoxy

PCD053/PCA001 Interthane Stone Finish

Exterior Decks, deck hatches, cloverleafs, ladder treads, door steps:

QHA027/QHA028 Interzinc Inorganic Zinc

FPJ034/FPA327 H.S. Light Gray Universal Epoxy

FPJ034/FPA327 H.S. Dark Gray Universal Epoxy

Exposed steel in engineroom and aft stores above grating, bulkheads and overhead in foc’sle, fan rooms, fiddley, lazarette, boiler enclosure:

QHA027/QHA028 Interzinc Inorganic Zinc

KTA501/KTA044 Intertuf Surface Tolerant Epoxy

PCB000/PCA001 Interthane Urethane White Finish

Tank tops, bilges below gratings, cargo hold:

KTA501/KTA044 Intertuf Surface Tolerant Epoxy

KTA501/KTA044 Intertuf Surface Tolerant Epoxy

Bottom paint system:

EGA088 Intergard Epoxy 1.5 mils

Intertuf 262 Epoxy 6 mils

Intergard 269 Epoxy 5 mils

BRA640 Red ablative 5 mils

BRA642 Black ablative 5 mils

Y5584 Shark White for underwater draft marks

Clauses/Provisions Incorporated by Reference

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) (provision)

52.204-7 System for Award Management (Oct 2016) (provision)

52.204-13 System for Award Management Maintenance (Oct 2016)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation (Nov 2015) (provision)

52.212-1 Instructions to Offerors - Commercial Items. (Jan 2017) (provision)

52.212-4 Contract Terms and Conditions - Commercial Items. (Jan 2017)

52.225-2 Buy American Certificate (MAY 2014) (provision)

52.232-39 Unenforceability of Unauthorized Obligation (JUN 2013)

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

Clauses/Provisions Incorporated by Full Text

USFWS R7 Environmentally Preferable and Energy-Efficient Products and Services Policy

Whenever cost effective, the contractor should provide products and/or services that are energy efficient, promote water conservation and are bio-based. The use of nonhazardous and recovered materials is encouraged.

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Itemized invoice for items delivered and/or work performed.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of clause)

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

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

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

Technical and past performance, when combined, are approximately equal to cost or price

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.212-3 Offeror Representations and Certifications-Commercial Items. (Jan 2017) (provision)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror 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 https://www.sam.gov/portal 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 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 was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions 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;

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

(v) The Family and Medical Leave Act; and

(vi) 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;

https://www.acquisition.gov/sites/default/files/current/far/html/www.dol.gov/fairpayandsafeworkplaces http://uscode.house.gov/

(3) 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);

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

(5) 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—

(6) 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

(7) 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.

http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/www.osha.gov/dcsp/osp/approved_state_plans.html

“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.

“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.

“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.

“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.

“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 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 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 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, GSA, DoD 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 SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (t) 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 will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-http://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html#wp1073667 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.

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

(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 cfr parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.)

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

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192900 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP25.html#wp225048

(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements–Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements— Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038

Line Item No.

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or…