1625DC-19-Q-00015.pdf
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- Solicitation number
- 1625DC-19-Q-00015
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RFQ 1625DC-19-Q-00015
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
BLS NATIONAL OFFICE
Room G225 2 Massachusetts Ave, NE Bureau of Labor Statistics US Department of Labor
BLS DC NAT SHIP CODE 16. ADMINISTERED BYCODE
X
X
541910
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORBLS NATIONAL OFFICE
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
04/18/2019 1600 ES
04/03/2019
202-691-6033Jasmine Lee (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
1625DC-19-Q-00015
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 40 1625-OPL-19-NAT-0042OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
Washington DC 20212
TELEPHONE NO.
17a. CONTRACTOR/
WASHINGTON DC 20212
ROOM G225
2 MASSACHUSETTS AVENUE, NE
US DEPARTMENT OF LABOR
15. DELIVER TO
Washington DC 20212 Room G225 2 Massachusetts Ave, NE Bureau of Labor Statistics
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$15.00
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
US Department of Labor
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
The U.S. Department of Labor's Bureau of Labor Statistics (BLS) is issuing request for quotations (RFQ) to award a firm-fixed-price Order for detailed data for telecommunications services. The period of performance will be May 1, 2019 to February 28, 2020. Review the requirements in Section C - Performance Work Statement and respond with a quote if you can fulfill this request entirely.
Deadline for Questions: Monday, April 8, 2018 at (Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
11:00AM EST
Deadline for Responses: Tuesday, April 16, 2018 at 4:00PM EST
All questions and responses can be emailed to
Lee.Jasmine@bls.gov. A consolidated document of
BLS's response to all questions (without identifying the source of the inquiry) will be made available to all participants on the website where the RFQ is posted.
Delivery: 90 Days After Award
0001 To purchase Telecom Pricing Data 2019.
Product/Service Code: R702
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
40 2 of
Solicitation 1625DC-19-Q-00015 Section B – Supplies and Services and Prices/Costs
Item Item Description Current Price
Discount amount to BLS
Discounted Proposal Price to BLS
Quantity of Datasets
Total Price to BLS
0001 Telecommunications Services February 2019 – January 2020
Section C –Statement of Work
STATEMENT OF WORK
Telecommunications Services Pricing Data
I. Background
The Bureau of Labor Statistics (BLS) has an ongoing interest in market data with which to analyze, evaluate, and improve the indexes it produces. Specifically, BLS is seeking detailed data for telecommunications services as listed in the Scope of Work.
BLS is the principle Federal agency responsible for measuring price changes in the economy and constructs indexes using data collected from both households and business establishments. Because of the importance of BLS data, it is critical that the component indexes are accurate, timely, and relevant. To achieve this goal, BLS occasionally purchases transaction data for analysis.
II. Scope of Work
BLS is looking for twelve months (Feb 2019 - Jan 2020) of telecommunications services data consisting of consumer/residential rates or transaction prices for the following products/services:
Wireless telephone (talk, text and data) Residential telephone Residential and mobile internet access Cable and satellite television Over-the-top/streaming video Bundled combinations of these services
The necessary variables and a brief description are listed below in Table 1.
Table 1: Variables for Monthly Data File Variable Description/Scope Month Current calendar month (from the period Feb 2019 - Jan 2020) MSA or Market Amarillo, TX
Atlanta, GA Baltimore, MD Baton Rouge, LA Beaumont, TX Birmingham, AL Boise City, ID Boston, MA Brookings, SD Brownsville, TX Buffalo, NY Charlotte, NC Chattanooga, TN Chicago, IL Chico, CA Cincinnati, OH Clarksburg, WV Cleveland, OH Columbus, OH Dallas, TX Paris, TX Dayton, OH Decatur, IL Denver, CO
Frankfort, IN Gainesville, FL Greenville, SC Hartford, CT Honolulu, HI Houston, TX Huntsville, AL Jacksonville, NC Janesville, WI Kansas City, MO Lafayette, LA Las Vegas, NV Lincoln, NE Louisville, KY Meridian, MS Miami, FL Milwaukee, WI Minneapolis, MN Morristown, TN Pullman, WA Moses Lake, WA New York Oklahoma City, OK Omaha, NE
Portland, OR Raleigh, NC Philadelphia, PA Reading, PA Richmond, VA Los Angeles County, CA Riverside, CA Rochester, NY Russellville, AR Pine Bluff, AR San Antonio, TX San Diego, CA San Francisco, CA Santa Rosa, CA Seattle, WA Springfield, MA Provo, UT St. George, UT St. Louis, MO Statesboro, GA Tampa, FL Wahpeton, ND Washington, DC Wausau, WI
Detroit, MI Flint, MI Florence, AL Florence, SC Fort Myers, FL
Orlando, FL Ocala, FL Phoenix, AZ Picayune, MS Pittsburgh, PA
Wichita, KS Wilmington, NC Winston-Salem, NC Yuma, AZ
Service/Product Wireless telephone (talk, text and data) Residential telephone Residential and mobile internet access Cable and satellite television Over-the-top/streaming video Bundled combinations of these services
Provider/Carrier All available providers operating and offering services in the MSAs/Markets
Plan/Package Name All available plans/packages from providers offering services in the MSAs/Markets
Features Major features of each plan/package, including but not limited to the following:
For Wireless telephone:
o Amount of included talk minutes/text messages/data o Number of lines accessing the plan
For Residential telephone:
o Type of local calling (unlimited or other) o Type of long-distance calling (unlimited or other)
Residential and mobile internet access:
o Downstream and upstream speeds o Amount of included data (mobile internet only) o Type of transmission technology
Cable and satellite television o Total channels included o Premium channels included (name and number) o Language package o Number and type of included receivers o DVR service fees
Over-the-top/streaming video o Number of included channels o Number of accounts accessing the plan
Bundled combinations of these services:
o All of the key features for each bundled service
Equipment and Associated Fees Fees charged for the rental/leasing of equipment necessary to receive the service
Plan Pricing Base plan pricing Fees and Taxes Activation/install charges, local broadcast fees, local taxes, etc.
Promotions Price/duration/contract terms/eligible customer types/etc.
Total Price Calculation of the total monthly price of the service inclusive of the base plan price, fees, taxes and promotions
BLS will also accept the average prices for a service and plan at the corresponding provider in a specific market.
The average prices and the quantity should be attributed to the corresponding month.
Table 2 is a basic example of the structure of the data for wireless telephone services:
Table 2: Example of Monthly Data File
Month MSA Service Provider Plan Name Included Data
Numbe r of Lines
Fee per Line
Basic Plan Price
Total Price
Potential contractors should be able to complete the following tasks at a minimum:
Provide data on a monthly basis for 12 consecutive months, beginning with February 2019.
Provide data collected within the first week of the calendar month.
Provide data for all of the Services/Products listed in Table 1.
Provide data for all of the MSA/Markets listed in Table 1.
Provide data for as many Providers/Carriers providing services in each MSA/market as possible.
Provide data for as many Service Plans/Packages offered by the providers/carriers providing services in each MSA/market as possible.
Provide data for all of the major features of each service plan/package provided as listed in Table 1.
Provide data needed to calculate the total price of the service package, including equipment fees, services fees and charges, taxes, and promotions associated with each service plan/package provided.
Provide data in a spreadsheet format in a standard file type is acceptable (i.e. CSV, SAS, txt, etc.)
Provide data in a secure electronic manner such as secure file transfer protocol (SFTP).
Please be advised that the selected contractor shall not use the Bureau of Labor Statistics’ name in connection with any collection of data that is being purchased under this contract. The data being purchased should be commercially available and not collected exclusively on behalf of BLS. The contractor shall not have access to BLS data.
2019_0
Chicag o
Wireless Telepho ne
Company A
Small Postpaid Individual Plan
2GB 1 $20 $30 $50
2019_0
Chicag o
Wireless Telepho ne
Company A
Big Postpaid Family Plan
32GB 2 $20 $70 $110
III. Deliverables
Description Date of Delivery Data set of variables and values as described in section II for each service/product. The name of the data file should also include the date/month that the data covers.
First delivery of monthly data should contain data from the period Feb 2019 through the contract award month and should be delivered no earlier than the 10th day of the contract award month and by the end of the contract award month if the contract is awarded after the 10th of the month.
Subsequent monthly deliveries should contain data from the month after the contract award month through Jan 2020 and should be delivered on the 10th of each month.
The data file shall be delivered to BLS data team via SFTP or another secure file transfer.
III. CIPSEA Pledge
The Bureau of Labor Statistics, its employees, agents, and partner statistical agencies, will use the information you provide for statistical purposes only and will hold the information in confidence to the full extent permitted by law.
In accordance with the Confidential Information Protection and Statistical Efficiency Act of 2002 (Title 5 of Public Law 107-347) and other applicable Federal laws, your responses will not be disclosed in identifiable form without your informed consent. Per the Federal Cybersecurity Enhancement Act of 2015, Federal information systems are protected from malicious activities through cybersecurity screening of transmitted data.
Section D - Packaging and Marking
There are no clauses in this section.
Section E - Inspection and Acceptance
The COR will make final inspection and acceptance of all deliverables to ensure they conform to the requirements listed in Section C.II – Scope of Work and C.III - Deliverables.
Section F - Deliveries or Performance
The Period of Performance is May 1, 2019 – February 28, 2020. The delivery dates are listed in Section C.III - Deliverables.
Section G - Contract Administration Data
INCORPORATION OF CONTRACTOR'S QUOTE
It is understood and agreed that the Contractor(s) quote to the U.S. Department of Labor dated TBD, submitted in response to this RFQ shall be incorporated by reference into this order. The quote shall meet or exceed the requirements of the SOW. The Contractor shall perform the work in accordance with their quote, the order, and any modifications issued against this order. In the event of conflict or inconsistency between the quote and order, precedence shall be given in the following order:
(1) Betterments: Any portions of the accepted quote which both conform to and/or exceed the minimum requirements of the SOW.
(2) The SOW and clauses of the task order.
(3) All other provisions of the accepted quote.
Section H - Special Contract Requirements
H.1 NONPERSONAL SERVICES
a. In performance of this contract, the Contractor will provide support in the form of services required by program offices to support management of their overall mission.
b. The services required under the purchase order constitute professional and management services within the definition provided by FAR 37.201. Under this purchase order the Government will obtain professional services, which are essential to the mission but not otherwise available.
c. The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the Contractor feels that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's further responsibility to notify the Contracting Officer immediately.
d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by the Contractor will be the sole responsibility of the Government. Administrative management and general management consulting services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.
H.2 TEAMING ARRANGEMENTS
If a teaming arrangement is contemplated, Contractors shall provide letters of commitment or teaming agreements for all critical teaming partners. Contractors shall not propose to use specific teaming partners it does not expect to use during contract performance. Doing so would have an adverse effect on the integrity of the competitive procurement system and provides a basis for proposal rejection.
H.3 BLS CONFIDENTIALITY AND SECURITY REQUIREMENTS
Please be advised that the selected Contractor may not use the Bureau of Labor Statistic’s name in connection with any collection of data that is being purchased under this contract. The data being purchased should be commercially available and not collected exclusively on behalf of the BLS. The Contractor will not have access to BLS data.
[END OF SECTION]
Section I - Contract Clauses
52.202-1 Definitions. (NOV 2013)
52.204-13 System for Award Management Maintenance. (OCT 2016)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders – Commercial Items. (JUL 2018)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.
3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
_x_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub.
L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
_x_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
_x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
_x_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Nov 2016) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
_x_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_x_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
_x_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_x_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
_x_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
_x_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
_x_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
_x_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_x_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.
13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_x_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112- 43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_x_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
2302 Note).
___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
_x_ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).
___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.
1792).
___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).
(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.
(xii) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and
E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;
10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.227-14 Rights in Data-General. (MAY 2014)
(End of clause)
52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address:
https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP52.html
(End of clause) https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP52.html
DOL Clauses
SECTION 508 COMPLIANCE
Section 508 of the Rehabilitation Act, as amended in 1998 by Public Law 105-220 (the Workforce Investment Act), applies to Federal Agencies and the Contractors acting in support of the Agency. The Contractor is required to provide Section 508 systems and components when Federal agencies develop, procure, maintain, or use Electronic and Information Technology (EIT). The Contractor shall ensure that its system and components allow Federal employees and members of the public with disabilities access to and use of information and data that is comparable to the access afforded Federal employees and members of the public who are not individuals with disabilities. The term electronic and information technology includes, but is not limited to, computers, printers, software applications, telecommunications products (such as telephones), information kiosks and transaction machines, Internet/Intranet sites, multimedia, and office equipment such as copiers and fax machines.
For all EIT procured, maintained, developed or used at DOL to include electronic documents, software, websites and webpages created or maintained by the Contractor, in order to meet Section 508 accessibility requirements, the Contractor shall:
1.Provide summary narrative text descriptions or a data tables describing each complex graphic (e.g., pie graphs, line graphs, maps, bar graphs, flow charts) in a separate comma-separated values/character-separated values (CSV) file.
2.Label each figure or graphic image with an alternate text description.
3.Contracted Contractor support staffs producing EIT deliverables must have a working knowledge of Section 508 and performing Quality Assurance Testing for Section 508; must include this information for the individuals proposed on the contract.
4.Contractors are responsible for having updated authoring and testing tools to produce Section 508 output on their own; the Government will not provide these tools.
5.Unless otherwise stated in the specification of the Contract, two digital copies of any report over 25 pages shall be delivered in media formats readable by Windows-based programs; one copy shall be formatted in Microsoft Word and the second shall be in the Portable Document Format (PDF). Color and/or black & white PDFs are acceptable. Unless permitted by the specifications, reports shall not be submitted in HTML format.
Additional information about accessibility standards related to Section 508 may be found at http://section508.gov/. The Section 508 Standards provide the minimum Government requirements.
Additional information on creating accessible .pdf files is available at http://www.section508.gov/docs/pdfguidanceforgovernment.pdf.
(End of Clause)
ELECTRONIC SUBMISSION OF PAYMENT REQUESTS CLAUSE (February 2014)
(a) Definitions. As used in this clause-
(1) Contract financing payment has the meaning given in FAR 32.001.
(2) Invoice payment has the meaning given in FAR 32.001.
(3) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
http://section508.gov/ http://www.section508.gov/docs/pdfguidanceforgovernment.pdf https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838 https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838
(b) Electronic Payment Requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this clause, and therefore no additional electronic invoice submission is required.
An original invoice shall be prepared and submitted to the Department of Labor (DOL) by email to:
DOL-BLS@quickpay.dol.gov
(c) Data Transmission. A contractor must ensure that the data transmission method and format comply with the following provisions:
(1) The contractor shall:
a. Address the invoice to the appropriate e-mail address specified in the contract.
b.Submit the invoice via attachment in PDF or TIFF format.
c. Submit only one invoice per electronic submittal.
d.Enter specific information in the subject line of the e-mail in the following format:
<Contractor Name>, Bureau of Labor Statistics, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount>
Example: ABC Co, OASAM, DOL00-00-X0000/X0000, Invoice Number AB-1298433, $15,000.00.
e. Submit a copy of the email with the attached invoice to the contracting officer’s representative (COR) at the COR email address specified in the contract.
f. Before sending another e-mail with the same invoice attachment, confirm whether DOL has already responded and/or whether you have received a success or failure response to your submission.
(2) The contractor MUST NOT:
a. Submit an invoice that exceeds the size limit of 16 megabytes (approximately 400-500 pages). However, if the invoice exceed this limit, a summary invoice attachment of less than 16 megabytes should be e-mailed to the payment e-mail address above; while the detailed invoice, including any supplemental information, shall be sent to the COR or other representative at the address.
b.Submit an invoice that is heavy in shading or color.
1.An e-mailed PDF image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible.
2.An emailed TIFF image must be black and white.
c. Submit more than one attachment, as subsequent attachments will not be recognized.
d.Submit more than one invoice in a single attachment.
e. Attempt to use the “Recall or Resend” email message feature.
(d) General Information. Payment due dates will be calculated only from the date that invoices are received in the electronic invoicing e-mail box and determined to be proper invoices.
Inquiries regarding invoices should be e-mailed to BLSInvoiceInquiry@bls.gov. The relevant invoice must be attached to the inquiry e-mail and the subject line of the e-mail must state “INQUIRY,” followed by the information described in paragraph (1) d. above.
Example: INQUIRY: <Contractor Name>, Bureau of Labor Statistics, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount> Do NOT use the electronic invoicing e-mail address for inquiries about the invoice.
mailto:DOL-BLS@quickpay.dol.gov mailto:BLSInvoiceInquiry@bls.gov
(e) Invoice requirements. Invoices shall comply with FAR 32.905.
(f) Exceptions. Paper invoices should only be faxed or mailed through U.S. mail when electronic mail cannot be accomplished.
When invoices must be faxed due to e-mail size limitations, fax them to: 202-691-7796
When paper invoices must be mailed due to e-mail size limitations, mail them to the following address:
U.S. Department of Labor Bureau of Labor Statistics 2 Massachusetts Avenue, N.E.
Room 4135 Washington, D.C. 20212
(End of Clause)
DOLAR 2952.201-70 – CONTRACTING OFFICER’S REPRESENTATIVE (COR) CLAUSE
CONTRACTING OFFICER'S REPRESENTATIVE (COR) CLAUSE
(a) The COR of the US Department of Labor, Bureau of Labor Statistics, is hereby designated to act as contracting officer's technical representative (COR) under this contract.
(b) The COR is responsible, as applicable, for receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.
(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes.
(End of Clause)
DOL 2015-03, Internet Protocol Version 6 (IPv6) Clause
INTERNET PROTOCOL VERSION 6 (IPv6) Clause (May 2015)
a. Any system or product that includes: hardware, software, firmware, and/or networked components including but not limited to voice, video, or data that is developed, procured, or acquired in support and/or performance of this requirement shall be capable of transmitting, receiving, processing, or forwarding digital information across system boundaries that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program.
b. This IPv6 capable system or product shall maintain interoperability with IPv4 systems and provide the same level of performance and reliability capabilities of IPv4 systems.
https://www.acquisition.gov/far/current/html/Subpart%2032_9.html#wp1032997
c. This IPv6 capable system or product shall have available IPv4 and IPv6 technical support for development, implementation, and troubleshooting of the system.
d. This IPv6 capable system or product can be upgraded, or the Contractor will provide an appropriate migration path for industry-required changes to IPv6 as the technology evolves, at no additional cost to the Government.
e. This IPv6 capable system or product must be able to operate on networks supporting IPv4 & IPv6, as well as networks that support both.
Any system or product whose IPv6 non-compliance is discovered and made known to the Contractor/contractor within 12 months of the start of performance shall be upgraded, modified, replaced, or brought in to compliance at no additional cost to the Federal Government.
(End of Clause)
DOL-2018-01 PRIVACY BREACH NOTIFICATION REQUIREMENTS (APRIL 2018)
A. Applicability
Contracting Officers shall insert this clause in all solicitations and contract actions except solicitations and contract actions that are solely for the acquisition of commercially available off-the-shelf (COTS) items.
B. Definitions
“Breach” is defined as the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where—
(1) A person other than an authorized user accesses or potentially accesses Personally Identifiable Information (PII); or
(2) An authorized user accesses or potentially accesses PII for an unauthorized purpose.
“Information” is defined as any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative, electronic, or audiovisual forms (See Office of Management and Budget (OMB) Circular No. A-130, Managing Federal Information as a Strategic Resource).
“Information System” is defined as a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
“Personally Identifiable Information” is defined as information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or linkable to a specific individual. (See Office of Management and Budget (OMB) Circular No. A-130, Managing Federal Information as a Strategic Resource).
C. Requirements
(a) Contractors and subcontractors who collects or maintains Federal information on behalf of the agency, or uses or operates an information system on behalf of the agency, shall comply with Federal law e.g., FISMA 2014, E-Government Act and the Privacy Act. Additionally, the Contractor shall meet OMB directives and National Institute of Standards and Technology Standards to ensure processing of PII is adequately managed.
(b) The contractor shall:
· Properly encrypt PII in accordance with appropriate laws, regulations, directives, standards or guidelines;
http://uscode.house.gov/
· Report to DOL any suspected or confirmed breach in any medium or form, including paper, oral, and electronic within one hour of discovery;
· Cooperate with and exchange information with DOL (Contracting Officer and Contracting Officer’s
Representative) as well as allow for an inspection, investigation, forensic analysis, as determined necessary by the DOL, in order to effectively report and manage a suspected or confirmed breach;
· Maintain capabilities to determine what DOL information was or could have been compromised and by whom, construct a timeline of user activity, determine methods and techniques used to access Federal information, and identify the initial attack vector;
· Ensure staff that have access to DOL systems or information are regularly trained to identify and report a security incident. This includes the completion of any DOL mandatory training for contractors;
· Take steps to address security issues that have been identified, including steps to minimize further security risks to those individuals whose PII was lost, compromised, or potentially compromised.
· Report incidents per DOL incident management policy and US-CERT notification guidelines.
(c) Remedy:
· A report of a breach shall not, by itself, be interpreted as evidence that the Contractor or its subcontractor (at any tier) failed to provide adequate safeguards for PII. If the Contractor is determined to be at fault for the breach, the Contractor may be financially liable for Government costs incurred in the course of breach response and mitigation efforts;
· The contractor shall take steps to address security issues that have been identified, including steps to minimize further security risks to those individuals whose PII was lost, compromised, or potentially compromised;
· The Government reserves the right to exercise all available contract remedies including, but not limited to, a stop-work order on a temporary or permanent basis in order to address a breach or upon discovery of a Contractor’s failure to report a breach as required by this clause.
(End of Clause)
(End of DOL Clauses)
Section J - List of Documents, Exhibits and Other Attachments
There are no items in this section.
Section K - Representations, Certifications, and Other Statements of Bidders
52.212-3 Offeror Representations and Certifications - Commercial Items.
Offeror Representations and Certifications -- Commercial Items (Oct 2018)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.
(a) Definitions. As used in this provision--
“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.
“Forced or indentured child labor” means all work or service— https://www.sam.gov/
(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).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic…
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