36C10G18Q0095-004.pdf

36C10G18Q0095

ATTACHMENT D

SOLICITATION PROVISIONS

D.1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR

1985)

(a) The Quoter certifies that—

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Quoter or competitor relating to—

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the Quoter, directly or indirectly, to any other Quoter or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the Quoter to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—

(1) Is the person in the Quoter’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the Quoter’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the Quoter’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the Quoter deletes or modifies paragraph (a)(2) of this provision, the Quoter must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

D.2 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION

(DEVIATION) (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Quoter represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of Provision)

D.3 52.204-20 PREDECESSOR OF OFFEROR (JUL 2016)

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

“Commercial and Government Entity (CAGE) code” means--

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

“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 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.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”).

Predecessor legal name: ______________________________.

(Do not use a “doing business as” name).

(End of provision)

D.4 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW

(DEVIATION)(MAR 2012)

(a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that—

(1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government.

(2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government.

(b) The Quoter represents that—

(1) The Quoter does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(2) The Quoter, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.

(End of Provision)

D.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision—

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Quoter [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the Quoter checked "has" in paragraph (b) of this provision, the Quoter represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the Quoter, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the Quoter of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the Quoter has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the Quoter has provided the requested information with regard to each occurrence.

(d) The Quoter shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204- 7).

(End of Provision)

D.6 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL

LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--https://www.acquisition.gov/

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

D.7 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

A. GENERAL INSTRUCTIONS

Your quote must stipulate that it is predicated upon all the terms and conditions of this RFQ and signed by an official authorized to bind your organization. In addition, it must contain a statement to the effect that it is firm for a period of at least 60 days from the date of receipt by the Government.

The Government will evaluate your quote in accordance with the evaluation criteria set forth within this solicitation.

This RFQ does not commit the Government to pay any of the costs associated with the preparation and submission of your quote. In addition, the CO is the only individual authorized to legally commit the Government to the expenditure of public funds in connection with this requirement. By submitting a quote in response to this solicitation, it is understood that your quote shall become a part of the official contract file.

Any resultant contract shall include all applicable clauses to the type of contract awarded. Copies of clauses may be obtained by contacting the Contracting Officer. Any additional clauses required by public law, executive order, or acquisition regulations, in effect at the time of execution of the proposed contract, will be included.

B. QUOTE CONTENT AND SUBMISSION

1. INTRODUCTION: The Quoter’s quote shall be submitted via email to Katharine.Lindner@va.gov. All quotes shall be submitted no later than 11:00AM EDT January 11, 2018. The Quoter’s quote shall consist of the two (2) volumes listed below. Each volume shall be submitted on a separate PDF or Excel document. One copy of each volume will be required.

a. Volume I: Technical

b. Volume II: Price

c. Volume III: Offer, Amendments, and Certifications & Representations

The use of hyperlinks is prohibited.

2. QUOTATION FILES

a. Format: The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date, and solicitation number in the header and/or footer. Quote page limitations are not applicable to this procurement. All files shall be submitted as either a Microsoft Excel File (.xls) or an Acrobat Portable Document Format (.pdf) or as compatible as indicated in the table. Page size shall be no greater than 8 1/2" x 11" with printing on one side only. The top, bottom, left, and right margins shall be a minimum of one (1”) inch each. Font size shall be no smaller than 12-point. Arial or Times New Roman fonts are required. Characters shall be set at no less than normal spacing and 100% scale. Tables and illustrations may use a reduced font size no smaller than eight (8)-point and may be landscape. Line spacing shall be set at no less than single space. Each paragraph shall be separated by at least one blank line. Page numbers, company logos, and headers and footers may be within the page margins only and are not bound by the 12-point font requirement.

Footnotes to text shall not be added. All proprietary information shall be clearly and properly marked.

b. File Packaging: All of the quote files may be submitted individually.

c. Content Requirements: All information shall be confined to the appropriate file.

The Quoter shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Quoters are responsible for including sufficient details, in a concise manner, to permit a complete and accurate mailto:Katharine.Lindner@va.gov evaluation of each quote. The title requirements for each file are shown in the Table below.

d. Quotes submitted in response to this solicitation shall contain the following in separate volumes.

VOLUME NUMBER FACTOR FILE NAME

Volume I Technical Technical.pdf Volume II Price Price.xls Volume III Offer, Amendments, and Certifications &

Representations OfrRep.pdf

3. TECHNICAL CONTENT

i. VOLUME I: TECHNICAL

a) Technical Approach

Quoters shall submit a Technical Approach not to exceed 15 pages. The Technical Approach should address in detail how the offeror proposes to accomplish each of the Performance Work Statement (PWS) tasks and provide an appropriate work breakdown structure. Quoters shall submit a comprehensive Technical Proposal that describes the following:

(1) The Quoter’s understanding of the work, and its proposed technical approach reflecting its strategy for meeting the desired objectives and outcomes.

(2) The Quoter’s understanding and experience related to specific methods and techniques for completing each discrete task.

(3) The Quoter’s management plan which shall include an appropriate overall organizational structure that clearly delineates the responsibilities, lines of authority, and proposed staff levels – including key staff and their qualifications, skills, and capabilities

(4) The communication mechanism that is proposed to ensure effective coordination and timely management of activities to be conducted under the contract, including how the work will be managed and distributed between any proposed subcontractors/consultants.

(5) The Quoter’s ability to address anticipated potential problem areas, including solutions to problems and future integration of new processes and technology enhancements.

b) Socio-Economic Consideration/Veterans Involvement Factor

(1) For SDVOSB/VOSB concerns: In order to receive credit under this Factor, a Contractor shall submit a statement of compliance that it qualifies as a SDVOSB or VOSB in accordance with VAAR 852.215-70, Service- Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors. SDVOSB and VOSB Contractors are cautioned that they must be registered and verified in Vendor Information Pages (VIP) database (http://www.VetBiz.gov) to receive credit under the Socio-Economic Consideration Factor.

(2) For Non-SDVOSBs/VOSBs: To receive some consideration under this Factor, a prime Contractor must state in this volume, the names of SDVOSB(s) and/or VOSB(s) with whom it intends to subcontract, and provide a brief description and the approximate dollar values of the proposed subcontracts. Additionally, proposed SDVOSB/VOSB Subcontractors must be registered and verified in VIP database (http://www.VetBiz.gov) in order to receive some consideration under the Socio-Economic Consideration Factor.

Note that the Government requires the Contractor to honor the evaluation factor commitment to the SDVOSB/VOSB concern throughout the life of the Task Order and any subsequent orders, or to substitute one or more SDVOSB/VOSB businesses for subcontract work of the same or similar value (percentage) in accordance with VAAR 852.215-71 Evaluation Factor Commitments.

(3) With regard to the requirements for registration and verification in the

VetBiz database, reference VAAR 804.1102.

ii. VOLUME II: PRICE: The Quoter shall complete Attachment A, Price/Cost Schedule

Price Rounding Issue - The Government requires Quoters to propose unit prices and total prices that are two (2) decimal places and requires the unit prices and total prices to be displayed as two (2) decimal places. Ensure that the two (2) digit unit price multiplied by the item quantity equals the two (2) digit total item price (there should be no rounding). {If an Excel spreadsheet is submitted by the quoters, the quoters shall ensure that the actual values in the spreadsheet cells are no more than two (2) decimal places even if values in the spreadsheet cells are formatted to display two (2) decimal places.} http://www.vetbiz.gov/ http://www.vetbiz.gov/

The Quoter shall certify that the prices, warranties, conditions, benefits and terms are at least equal to or more favorable than the prices, warranties, conditions, benefits and terms quoted by the Quoter to any customers for the same or a substantially similar quantity and type of service.

iii. VOLUME II – OFFER, AMENDMENTS, AND

CERTIFICATIONS/REPRESENTATIONS

Certifications and Representations - An authorized official of the firm shall sign the offer sheet and all certifications requiring original signature. The quote sheet should be dated and submitted on letterhead stationery. An Acrobat PDF file shall be created to capture the signatures for submission.

At a minimum the offer sheet shall contain the following:

i. Solicitation Number;

ii. Acknowledgement of Amendments, if any;

iii. The name, address, and telephone number of the Quoter;

iv. Tax Identification Number (TIN)

v. DUNS Number / Cage Code

vi. Quoter shall submit representations and certifications IAW FAR 52.212-3

vii. Period for acceptance of offers. The Quoter agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

viii. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

Quoters are hereby advised that any Quoter-imposed terms and conditions and/or assumptions which deviate from the Government’s material terms and conditions established by the Solicitation, may render the Quoter’s quote ineligible for award.

Any questions regarding this RFQ shall be submitted no later than 11:00AM EDT January 2, 2018. No calls will be accepted; all questions must be submitted in writing to Contract Specialist Katharine Lindner via email at katharine.lindner@va.gov.

(End of Addendum to 52.212-1)

D.8 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible Quoter whose quote provides services and supplies that conform to the mailto:katharine.lindner@va.gov

Government’s requirements, as defined in the solicitation, and whose price is determined fair and reasonable. The following factor shall be used to evaluate offers:

• Technical

• Price

Technical is more important than Price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Quoter 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)

D.9 ADDENDUM TO 52.212-2—COMMERCIAL ITEMS (OCT 2014)

A. BASIS FOR AWARD

The Department of Veterans Affairs (VA) Strategic Acquisition Center is issuing this Request for Quote (RFQ) to award a one-year FFP contract with two (2) one-year option periods. The award will be made to the responsible Quoter whose quote conforming to the solicitation represents the best value to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

Technical, and Price.

Quoters must provide a quote for every Contract Line Item Number (CLIN) listed in Attachment A, Price/Cost Schedule in order to be considered for award of the Requirements Contract.

B. FACTORS TO BE EVALUATED

The Contracting Officer will award the contract based on the following evaluation factors: Technical, and Price.

C. EVALUATION APPROACH

i. Technical Evaluation

Understanding of the Work - The quote will be evaluated to determine the extent to which it demonstrates a clear understanding of all features involved in solving the problems and meeting the requirements presented in the contract, and the extent to which uncertainties are identified and resolutions proposed. A quote which merely restates the requirement or states that the requirement will be met, without providing supporting rationale, is not sufficient.

Feasibility - The quote will be evaluated to determine whether the offeror's methods and approach to meeting the contract requirements provide the Government with a high level of confidence of successful completion within the required schedule.

Completeness - The quote will be evaluated to determine whether the Quoter’s methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the solicitation. The quote will be evaluated to determine the extent to which each requirement has been addressed.

Risk relative to the proposed technical approach is evaluated as part of the Technical Approach evaluation to ascertain the likelihood of success of the proposed approach.

Socio-Economic Consideration/Veterans Involvement Factor

In accordance with VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, the Government will assign full evaluation credit for a Contractor (prime contractor) which is a CVE registered and verified SDVOSB and partial credit for a verified VOSB prime contractor.

Non-SDVOSB/ VOSB Contractors proposing to subcontract 10% or more of the value to a verified SDVOSB concern or 12% or more of the value to a verified VOSB concern will receive some evaluation credit. Note that in order to receive credit under this evaluation factor, prime contractor SDVOSBs and/or VOSBs or proposed subcontractor SDVOSBs and/or VOSBs must be registered in SAM, the Vendor Information Pages (VIP) at http://www.vip.vetbiz.gov/, and verified by the CVE at the time of award.

Also note that the Government requires the Contractor to honor the evaluation factor commitment to the SDVOSB/VOSB concern throughout the life of the Task Order or to substitute one or more SDVOSB/VOSB businesses for subcontract http://www.vip.vetbiz.gov/ work of the same or similar value (percentage) in accordance with VAAR 852.215-71 Evaluation Factor Commitments.

ii. Price Evaluation

Price will not be evaluated adjectivally or assigned a score. The Government shall evaluate price to determine whether or not it is considered fair and reasonable IAW FAR 13.106-3.

For the purposes of the award, the total price of the quote, to include the two (2) option periods will be evaluated as the total price and compared to any other quotes received in response to this solicitation. This evaluation will not obligate the Government to exercise any option period or the option under FAR 52.217-0.

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

Unbalanced Pricing - The Government may evaluate whether the Quoter has submitted unbalanced pricing. An unbalanced price is one where the price of one or more contract line items is significantly overstated or understated and which will result in the Government paying an unreasonably high price for contract performance or otherwise present an unacceptable level of risk to the Government. If the Contracting Officer determines that the risk is unacceptable, then the bid or offer can be rejected.

SF1449, AMENDMENTS (SF 30s) & OTHER DOCUMENTS The SF1449 and any solicitation amendments shall be signed and returned with the contractors quote.

(End of Addendum to 52.212-2)

D.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JAN 2017)

The Quoter shall complete only paragraphs (b) of this provision if the Quoter 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 Quoter has not completed the annual representations and certifications electronically, the Quoter shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--http://www.sam.gov/portal

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

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

“Civil judgment” means--

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

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of 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 http://www.dol.gov/fairpayandsafeworkplaces agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are—

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

(i) The Fair Labor Standards Act;

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

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

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

(vi) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

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

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

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

and

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

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

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

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

“Immediate owner” means an entity, other than the Quoter, that has direct control of the Quoter. 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;

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

(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;

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran;

and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order:

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

(b)

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

(2) The Quoter 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 Quoter 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 ____________. [Quoter to identify the applicable paragraphs at (c) through (u) of this provision that the Quoter 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 Quoter are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Quoters 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 Quoter 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 Quoter represented itself as a small business concern in paragraph (c)(1) of this provision.] The Quoter represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

https://www.acquisition.gov/

(3) Service-disabled veteran-owned small business concern. [Complete only if the Quoter represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The Quoter 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 Quoter represented itself as a small business concern in paragraph (c)(1) of this provision.] The Quoter 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 Quoter represented itself as a small business concern in paragraph (c)(1) of this provision.] The Quoter 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 Quoter represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The Quoter 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 Quoter 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 Quoter represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The Quoter 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 Quoter 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 Quoter is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The Quoter 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 Quoters may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by Quoter or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the Quoter represented itself as a small business concern in paragraph (c)(1) of this provision.] The Quoter 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.