Sol_140P5124Q0026.pdf

140P5124Q0026

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

06/17/2024 0040667906

1 42

100 Alabama St., SW 1924 Building Atlanta GA 30303-8701

NPS SER EAST MABO

07/01/2025

NPS, Ninety Six NHS

1103 Hwy. 248

Ninety Six

SC 29666

404 507-5747Edward Dingle

06/28/2024 1300 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format outlined in FAR Subpart 12.6. Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotes are being requested, and a written solicitation document will not be issued.

The National Park Service, Interior Region 2 South Atlanta Gulf has a requirement to Construct a full-scale reproduction 18th Century British 3-pounder cannon with bronze tube, wooden carriage, and implements in support of the Historic Weapons Program at Ninety Six National Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 42

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P5124Q0026

Historic Site Ninety Six, South Carolina. This solicitation is a Request for Quotations (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC)

2024-05 dated May 22, 2024.

The associated North American Industrial

Classification System (NAICS) code for this procurement is 332999 - All Other Miscellaneous

Fabricated Metal Product Manufacturing, with a small business size of 750 employees. The Product

Service Code (PSC) is 1095: Miscellaneous Weapons.

The contractor must have current Representation and Certifications in SAM.gov, submitted with quote.

The Government contemplates the award of a single

Firm-Fixed Price Contract using the best value ¿

Lowest Priced Technically Acceptable (LPTA) source selection procedures. All eligible and responsible sources may submit a quote, which if timely received, shall be considered by the

Agency. Companies must have valid Unique Entity

Identifier and be registered with System for

Award Management (www.sam.gov). SAM.gov offers free services. An offeror must ensure that they are self-certified under NAICS Code 332999 in the

Representations and Certifications portion of

SAM.gov. The basis of award is the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered.

Award will be made to the responsible respondent pursuant to FAR subpart 9.1.

The APPROXIMATE period of performance is anticipated to be July 01, 2024, through July 01, 2024.

Period of Performance: 07/01/2024 to 07/01/2025

00010 Construct a full-scale reproduction 18th Century 1 EA

British 3-pounder cannon with bronze tube, wooden carriage, and implements in support of the

Historic Weapons Program at Ninety Six National

Historic Site Ninety Six, South Carolina per the attached statement of work.

Product/Service Code: 1095

Continued ...

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 42

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P5124Q0026

Product/Service Description: MISCELLANEOUS WEAPONS

Delivery: 07/01/2025

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

Combined Synopsis/Solicitation for Commercial Services

FAR 12.603

Document Type: Combined Solicitation/Synopsis Solicitation Number: 140P5124Q0002 Posted Date: June 17, 2024 Original Response Date: June 28, 2024 Current Response Date: June 28, 2024 Product or Service Code: 1095 Set Aside: 100% Small Business NAICS Code: 332999

Contracting Office Address:

National Park Service Interior Region 2 South Atlanta Gulf 100 Alabama St. SW, Building 1924, 5th Floor Atlanta, GA 30303

Description:

This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format outlined in FAR Subpart 12.6. Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

The National Park Service, Interior Region 2 South Atlanta Gulf has a requirement to Construct a full-scale reproduction 18th Century British 3-pounder cannon with bronze tube, wooden carriage, and implements in support of the Historic Weapons Program at Ninety Six National Historic Site Ninety Six, South Carolina. This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05 dated May 22, 2024.

The associated North American Industrial Classification System (NAICS) code for this procurement is 332999 - All Other Miscellaneous Fabricated Metal Product Manufacturing, with a small business size of 750 employees.

The Product Service Code (PSC) is 1095: Miscellaneous Weapons.

The contractor must have current Representation and Certifications in SAM.gov, submitted with quote.

The Government contemplates the award of a single Firm-Fixed Price Contract using the best value – Lowest Priced Technically Acceptable (LPTA) source selection procedures. All eligible and responsible sources may submit a quote, which if timely received, shall be considered by the Agency. Companies must have valid Unique Entity Identifier and be registered with System for Award Management (www.sam.gov). SAM.gov offers free services. An offeror must ensure that they are self-certified under NAICS Code 332999 in the Representations and Certifications portion of SAM.gov. The basis of award is the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made to the responsible respondent pursuant to FAR subpart 9.1.

The APPROXIMATE period of performance is anticipated to be July 01, 2024, through July 01, 2025.

STATEMENT OF WORK

Construct One Full-Scale Bronze Reproduction 3-Pounder Cannon for Ninety Six National Historic Site

Ninety Six National Historic Site

National Park Service June 6, 2024

Produce One Full-Scale Bronze Reproduction 3-Pounder Cannon

PMIS: 237257

Ninety Six, South Carolina

SECTION 1—STATEMENT OF WORK INTRODUCTION

1.1. Project Location and Identification. The location of this project for which supplies are contracted is Ninety Six National Historic Site, located in Ninety Six, South Carolina.

1.2. Site Background. Ninety Six is the site of the first land battle of the American Revolutionary War in the South and also the site of the longest field siege of the American Revolutionary War. The field siege took place in an earthen fort shaped like an 8-pointed star, which allowed for musket and cannon fire from all sides.

1.3. Required Services. The purpose of this contract is to manufacture and provide one

(1) full-scale reproduction 18th Century British 3-pounder cannon with bronze tube, wooden carriage, and implements that will allow for the resumption of the park’s artillery interpretive program as part of the Historic Weapons Program.

The Contractor shall provide all project management, labor, tools, equipment, shipping, transport, and materials required to execute the work as described in this SOW. The work requirements for this contract are described herein.

1.4. Project Background. Ninety Six National Historic Site’s Historic Weapons Program had been using a cannon on loan from Cowpens National Battlefield’s museum collection. In 2016, park staff determined that an indention inside the tube was preventing the round from being properly seated, which caused multiple misfires and made it a safety concern. As a result, the park removed it from their historic weapons program. As a result, both the SER Collections Officer and the SER Historic Weapons Supervisor suggested that the park acquire a new cannon that falls in line with the Historic Weapons Program and that can be stored out of the elements when not in use. Purchasing a new reproduction cannon will allow the park to resume regular artillery firing demonstrations as part of its interpretive programming.

NOTE: Bronze 3-pounder cannon must be produced with the specifications listed in NPS Reference Manual 6. No variations or exceptions can be made.

1.5. Current Situation Analysis

A defect in the tube of the artillery piece that Ninety Six National Historic Site had been using makes it unsafe to fire. The plan is to replace it with a functional full-scale reproduction cannon and implements and return the retired cannon to Cowpens National Battlefield to use as exhibit only.

Terms Ninety Six National Historic Site (NISI) Contracting Officer (CO) Contracting Officer’s Representative (COR) Reference Manual 6 (RM6)

1.6. Attachments.

ATTACHMENT A. LOCATION FOR DELIVERY

1.7. Contractor Responsibilities:

A. Contractor shall provide, in writing, documentation of expertise and success in reproducing full-scale bronze reproduction British18th century cannons.

B. Design/construction drawings will be submitted for NPS review and acceptance prior to the commencement of manufacture; as-built design drawings will be submitted at the completion of work. NPS will provide reference to British broad arrow drawing.

C. Contractor shall provide, in writing, an agreed upon safety plan and work schedule to be established with the NPS prior to delivery/assembly.

D. Contractor shall provide necessary project management, labor, tools, equipment, shipping, transport to the park, and into the enclosed storage trailer.

Contractor shall provide all materials and insurance, to perform work to reproduce and install one (1) Full-scale reproduction 18th Century British 3 pounder bronze cannon with a 3” uniform bore.

E. Contractor is responsible for the safe transportation of the cannon to the park.

1.8. Work Restrictions.

A. WORK HOURS: Delivery of the cannon must take place between 8:30 am and 4 :00 pm Wednesday to Friday except for Federal holidays. Manufacture of the bronze cannon will take place off-site.

B. TERM OF CONTRACT: The term of this contract is for 365 calendar days (12 months) from the date of award.

C. OTHER RESTRICTIONS: All work performed at the park is subject to park safety regulations and possible closure due to inclement weather. All safety closures apply to the contractor and their employees. The Park shall not be held financially libel for any work delays or stoppages or for any costs incurred by the contractor, as a result of these safety stoppages.

1.9. Management.

The Contractor shall manage the total work effort in accordance with effective and efficient management principles and safe working practices to ensure on- time completion of this contract.

1.10. Safety & Environmental Compliance.

A. The Contractor shall comply with pertinent provisions of the Occupational

Safety and Health Act (OSHA), state, and local safety laws and regulations.

B. The Contractor shall comply with pertinent local, state, and federal environmental protection laws and regulations.

C. The Contracting Officer has the authority to issue restraint or cease-and- desist orders to the Contractor when violations or unsafe acts are present and threaten Government and Contractor employees or damage to Government property.

D. The Contractor shall immediately report to the COR all accidents resulting in employee injury or death or damage to property while performing this contract.

1.11. Insurance.

The Contractor shall be insured, and insurance will be valid for work provided. The Government is not responsible for damage to Contractor’s equipment, vehicles, tools or materials or their employees and the personal property brought on-site. The Government will not accept any liability due to contractor employee negligence.

A. Workers Compensation: The Contractor shall furnish proof of workers compensation insurance to the Contracting Officer for those employees performing work related to this contract and shall comply with the Workman’s Compensation Laws.

B. Liability: The Contractor shall maintain a level of insurance that will protect the Contractor and the Government from any claims because of bodily injury (including death) and property damage which may arise from and during the performance of this contract and shall submit proof of insurance to the Contracting Officer.

1.12. Field Verification.

The cannon conditions (situation analysis) are approximate and provided for information only. The Contractor shall verify work conditions and design specifications to reproduce the cannon.

1.13. Replacement of Contractor Employee for Security Reasons.

The Government retains the right to request removal of the Contractor’s employee(s), regardless of prior clearances.

1.14. Inspection.

The government representative will conduct inspections periodically and upon completion of the required supplies. Final payment will be processed upon confirming that all noted contractor performance deficiencies have been satisfactorily corrected.

1.15. Contractor’s documentation deliverables.

The following deliverables are to be submitted in writing upon acceptance of offer:

A. Documentation of expertise and success in reproducing full-scale reproduction artillery.

B. Design/construction drawings will be submitted for NPS review and acceptance prior to the commencement of cannon construction.

C. Description of work plan activities and schedule of delivery D. As-built design drawings will be submitted at the completion of work. These will include: type and treatment of metal for cannon, design plan for cannon vent.

E. Contractor shall submit documentation of material specifications of highest quality.

F. Contractor site safety plan/accident prevention plan.

G. Contractor proof of insurance.

SECTION 2 - SUMMARY OF WORK (SOW) Details

2.0. SUMMARY

This Section includes the following:

• Work covered by the Contract Documents

• Contractor use of site

• Public use of site

• Work Schedule

• Deliverables

SERVICE CANNON & SPARE

VENT

LOCATION Cannon

TYPE

BASE

SUPPLIES

One (1) Full-scale reproduction 18th Century British bronze cannon with a 3” uniform bore. O n e ( 1 ) a d d i t i o n a l c a n n o n v e n t . One (1) complete set of implements.

Ninety Six National Historic Site

18th Century British 3-pounder

2.1. WORK COVERED BY CONTRACT DOCUMENTS

Project Location:

National Park Service Ninety Six National Historic Site 1103 Highway 248 Ninety Six, SC 29666

PROJECT TASKS FOR BASE SUPPLIES—MANUFACTURE AND DELIVER ONE

(1) FULL-SCALE REPRODUCTION 18th CENTURY BRITISS BRONZE

CANNON WITH A 3” UNIFORM BORE.

TASK 1: DEVELOP DESIGN/ MANUFACTURE DRAWINGS.

Develop design/construction drawings for reproduction 18th century cannon. Drawings will be submitted to NPS for review and acceptance prior to commencement of manufacture of full-scale reproduction 3-pounder cannon.

Cannon must be similar in design to 18th Century Bronze Tube Cannon, Model 1776, with wooden traveling carriage following specs noted in John Muller’s A Treatise of Artillery.

Production should include all implements necessary to safely and properly fire the cannon, including sponge/rammer, sponge/worm, sponge bucket, thumbstall, vent pick, tube pouch, gunner’s haversack, linstock, and tompion.

End result should be a product capable of live-firing and blank firing.

Contractor shall submit documentation of material specifications of highest quality as part of this task. Material and specifications will be included in as built drawings.

Bronze metal mix and manufacturing standards will be in accordance to NPS RM6. See attachment B for further details.

TASK 2: CONSTRUCT FULL-SCALE REPRODUCTION 18TH CENTURY, BRITISH

BRONZE 3 POUNDER CANNON WITH 3” UNIFORM BORE.

Construct full-scale reproduction British 18th century bronze 3 pounder cannon with 3” uniform bore. A removable vent piece made of marine-bronze, or copper will be installed on the cannon by the manufacturer. One (1) additional replacement vent will be supplied with the gun.

TASK 3: DELIVER COMPLETED REPRODUCTION CANNON, IMPLEMENTS, AND

ADDITIONAL VENT TO SITE.

Contractor shall deliver one (1) reproduction cannon and carriage, one (1) set of implements, and one (1) replacement vent.

to Ninety Six National Historic Site. Contractor is responsible for safely moving the cannon from the transport vehicle to a resting place up to 50 yards distant. Taking care to protect the cannon from damage during transport and movement into its resting mount.

CONTRACTOR USE OF SITE

General: Contractor shall have full use of the areas designated for manufacturing and assembly operations. Contractor's use of the areas designated for assembly are limited only by the Government's right to perform work or to retain other contractors on portions of Project. For this project, on-site activities are only permitted during installation of cannon carriages.

Storage of Materials: Confine storage of materials to areas designated by the CO and approved by COR at meeting. The National Park Service is not responsible for safety of stored materials or tools. The Park will be open to the public during project. For this project, on-site storage is only permitted during installation of cannon.

Preservation of Historic Features: Historic Preservation Treatment Program: Submit a written work plan for each phase of project, including protection of contract crew, visitors and NPS staff (establish work area; restricted access), and surrounding historic materials/structures during operations. Describe in detail materials, methods, and equipment to be used in each phase of work.

Alternative Methods and Materials: If alternative methods and materials to those indicated are proposed for any phase of work, provide a written description including evidence of successful use on other, comparable projects, and program of testing to demonstrate effectiveness for use on this Project.

PUBLIC USE OF SITE

Contractor shall always conduct his operations to ensure the least inconvenience to the visiting public. Ninety Six National Historic Site may be open to the public during carriage / tube installation; therefore, appropriate safety measures must be taken during hours of operation.

Partial Government Occupancy: The government may access the designated areas retrieve necessary supplies and equipment, for security purposes, and to inspect work, and the government will have access to Ninety Six during the period of delivery for visitor operations including NPS staff and public viewing at the park.

WORK SCHEDULE

The contractor shall complete all on-site assembly work within one year of contract award. A schedule will be established during the first meeting.

All work shall be completed, and final deliverables submitted within 365 days after award document is distributed.

On-Site Work Hours: Work shall be generally performed during normal business working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday (adjust days as necessary), except when otherwise indicated. The on-site work area must remain accessible for visitor use.

Evening and weekend hours: No on-site work will occur during evenings and weekends, unless approved by the park representative.

Holidays: No DELIVERY will be accepted on Federal Holidays.

All transportation to and work at the site is subject to park safety regulations and possible closure due to inclement weather. All safety closures apply to the contractor and their employees. The Park shall not be held financially libel for any work delays or stoppages or for any costs incurred by the contractor, as a result of these safety stoppages.

DELIVERABLES

• Documentation of expertise and success in Full-scale reproduction 18th Century

British 3 pounder bronze cannon with a 3” uniform bore.

• Design/construction drawings will be submitted for NPS review and acceptance prior to the commencement of cannon manufacture.

• Description of work plan activities and schedule of delivery.

• As-built design drawings will be submitted at the completion of work. These will include: Contractor shall submit documentation of material specifications of highest quality including type and percentages of metals.

• Contractor site safety plan/accident prevention plan.

• Contractor proof of insurance.

ATTACHMENT A. Address and map

1103 Hwy 248 Ninety Six, SC 29666

ATTACHMENT B. NPS RM6

See Appendix E for details. Refer to the section reference for BRONZE cannon.

SITE VISIT

A site is not offered as part of this requirement.

All interested companies shall provide quotes for the following:

Equipment Construction and Delivery:

LINE ITEM 00010: Construct a full-scale reproduction 18th Century British 3-pounder cannon with bronze tube, wooden carriage, and implements in support of the Historic Weapons Program at Ninety Six National Historic Site Ninety Six, South Carolina per the attached statement of work per the attached Statement of Work (SOW).

All pricing shall be affixed to attachment 0003.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-16 52.204-18 52.204-27

Commercial and Government Entity Code Reporting Commercial and Government Entity Code Maintenance Prohibition on a ByteDance Covered Application

AUG 2020

AUG 2020

JUN 2023

52.212-1 Instructions to Offerors--Commercial Items MAR 2023 52.212-4 Contract Terms and Conditions--Commercial Items DEC 2022 52.232-39 52.232-40

Unenforceability of Unauthorized Obligations Providing Accelerated Payments to Small Business Subcontractors

JUN 2013

MAR 2023

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (NOV 2021)

(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) Price

(ii) Technical Ability: Provide a project narrative that demonstrates how the company will successfully meet the needs per the specifications

(iii) Past Performance: Prior experience is the factual documentation or narrative of a firm’s experience, qualifications, and capability, to meet the acceptability standard by providing three examples of previous projects/jobs of similar size, scope, and complexity

Technical and past performance, when combined, are equal when compared to price.

(b) Options. Reserved

(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 (DEC

2022)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://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 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--http://www.sam.gov/portal

(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, 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;

(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);

http://www.dol.gov/fairpayandsafeworkplaces

(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.

“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;

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

(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 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 SAM website.

(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 https://www.acquisition.gov/ 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.

(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 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.

(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…