36C25718Q0426-001.pdf

The Network Contracting Office 17 intends to award a firm-fixed price contract in accordance with FAR Part 12, Acquisition of Commercial Items for the purchase of see description below

(See description in attachment). This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and a written solicitation will not be issued. The solicitation number is

36C25718Q0125. This acquisition is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2005-96, effective November 06, 2017. The associated North American

Industrial Classification System Code (NAICS) for this procurement is 337127 with a SDVOSB standard of 500. This acquisition is solicited as a 100% set-aside for SDVOSB.

Any questions relating to this solicitation; must be submitted no later than 9 February 2018.

Responses to the solicitation are due by 8 February 2018 11:00AM Central Time (CT) via e-mail: susan.flores2@va.gov

FURNISHINGS:

4100-2--- 1 GROUP 01 - BEREAVEMENT ROOMS. KRUG 4 EA

INC. 4100-2--- 2 SEATER SOFA :FINISH-

WALNUT :UPH- LUXE LAGOON (GR. 2)

(krug)

C5C1HB32B--- 2 GROUP 02 - CONFERENCE KRUG INC.

C5C1HB32B--- C5 CONTEMPORARY HIGH BACK

:FINISH- BLACK POLYMER ARMS & BASE

:UPH- LUXE WHITE (GR. 2) 10 EA

KRUG INC. C5CC1HB32B-3 KRUG INC. C5C1HB32B--- C5

CONTEMPORARY HIGH BACK :FINISH- BLACK

POLYMER ARMS & BASE :UPH- LUXE GREY

(GR. 2) 2 EA

5166GP12048-77 4 (Mfr Part Number: 5166GP12048--7-5-1-1-1-1-1) KRUG INC.

5166GP12048--7-5-1-1-1-1-1 ARC END

ROUNDED CORNERS BACK PAINTED GLASS

-5166, 120X48 7:PEARL ETCH - GLASS TOP

COLOR 5:514136328 (2) - PRICE NOT

INCLUDED, ORDER BASES AND QTY AS S

1:CONSOLES TO SELECT 1:AM14 - CONSOLE

LOCATION 1:ABX14- CONSOLE LOCATION -

ORDER 51CONSOLE-X14 1:BM14 - CONSOLE

LOCATION 1:CONSOLE LID - GLOSS 1 EA

51C0NSOLE-X144-1 5 KRUG INC. 51CONSOLE-X14--1 CONSOLE

ACROSS SEAM 14" 1:CONSOLE LID - GLOSS

OR PROPERTY OR SERVICES

ALUMINUM 1 EA

mailto:susan.flores2@va.gov

51PDAD01-06 6 KRUG INC. 51PDAD01-06 BASIC DATA 6'

CORD, 2-DUPLEX, 2-RJ45(CAT6), 2-BLANKS 3 EA

514136328-1CM

M1 7 KRUG INC. 514136328--1-CM1 FORMED

METAL BASE, 36"X3, 28"H 1:FORMED METAL

BASE - GLOSS ALUMINUM CM1:U CHANNEL

CABLE 2 EA

51TV722439-1-

-L2-4-1 8 KRUG INC. 51TV722439--1-L-2-4-1-~ 4

DOORS WITH TV LIFT, 72X24X39 1:OAK

CHERRY MAPLE LAMINATE L:LAMINATE

2:SOLID 4:WHITE D354-60 1:BASE PLATE -

GLOSS 1 EA

72D60304LORF-

-1 9 GROUP 03 - CONSULTATION 1, INTERVIEW

2, POLICE EVALUATION. KRUG INC.

72D60304L0RF--1-3-4-1-3-4-3-2-

DESK, RECTANGULAR TOP, LAM MOD PNL,

LT-OPEN, RT-BBF, 60X30 1:LAMINATE

TOP/POLYMER EDGE 3:EXOTIC

4:THUNDERSTORM W359 1:LAMINATE

3:EXOTIC 4:THUNDERSTORM W359 3:HERA

DRAWERS 2:GRAY METALLIC ~:NO 60MM DIA.

ROUND GROMMETS ~:AL - NO WIRE ACCESS

~:BL - NO WIRE ACCESS ~:C - NO WIRE

ACCESS ~:BR - NO WIRE ACCESS 3 EA

72RH422OL4DX2

26 10 PART # 72RH4220L4DX26-

-1-3-4-1-3-4-3-2-~- ~-PP4-~-~ KRUG

INC. 72RH4220L4DX26--1-3-4-1-3-4-3-

2-~-PP4-~-~ RETURN, 1/2 HT FIXED LAM

MOD PANEL, LT-FF, 42X20 1:LAMINATE

TOP/POLYMER EDGE 3:EXOTIC

4:THUNDERSTORM W359 1:LAMINATE

3:EXOTIC 4:THUNDERSTORM W359 3:HERA

DRAWERS 2:GRAY METALLIC ~:NO 60MM DIA.

ROUND GROMMETS ~:AL - NO WIRE ACCESS

PP4:C - POWER PORT - 2 USB CHARGING

~:AR - NO WIRE ACCESS 3 EA

72OHW721616--

-1- 11 PART # 72OHW721616--1- 3-4-~ KRUG

INC. 72OHW721616--1-3-4-~ WALL HUNG

OVERHEAD, SINGLE HEIGHT, CLOSED LAM,

72WX16D 1:LAMINATE 3:EXOTIC

4:THUNDERSTORM W359 ~:NO SELECTION OF

LOCK 3 EA

72TBOHW7224-1

1-1 12 PART # 72TBOHW7224--1- 1 KRUG INC.

72TBOHW7224--1-1 TACKBOARD FOR

OVERHEAD MOUNTED AT STANDARD HEIGHT,

72" 1:GRADE 1 FABRIC 1:UNIVERSE SENECA 3 EA

72BC361655--1

1-2-3 13 GROUP 04 - CORRIDOR OUTSIDE POLICE

OPERATIONS 72BC361655--1-2- KRUG INC.

72BC361655--1-2-3 BOOKCASE, 4 HI, 4

OPEN SHELVES, 36WX16DX55H 1:LAMINATE

2:SOLID 3:SHADOWS L201 1 EA

72D60304LFRD-

--1 14 GROUP 05 - TRIAGE 1. KRUG INC.

PART # 72D60304LFRD--1-3-4-1-3-4-3-2-

~-~-~-PP4-~-~ DESK, RECTANGULAR TOP,

LAM MOD PNL, LT-BBF, RT-FF, 60X30

1:LAMINATE TOP/POLYMER EDGE 3:EXOTIC

4:THUNDERSTORM W359 1:LAMINATE

3:EXOTIC 4:THUNDERSTORM W359 3:HERA

DRAWERS 2:GRAY METALLIC ~:NO 60MM DIA.

ROUND GROMMETS ~:AL - NO WIRE ACCESS

~:BL - NO WIRE ACCESS PP4:C - POWER

PORT - 2 USB CHARGING ~:BR - NO WIRE

ACCESS 1 EA

JOR6-GL24URE 15 GROUP 06 - TRIAGE 1, CONSULTATION 1

KRUG INC. JOR6-GL24URE--- JORDAN 24"

GLIDER, WOOD ARM W/ URETHANE CAP

:FINISH- CLEAR MAPLE ARM, BLACK

URETHANE CAP :UPH- LUXE GREY (GR. 2) 2 EA

16 GROUP 07 - WAITING ROOM C1A-42.

KRUG INC. SOL2-SGU21OPU--- SOLIS 21"

OPEN ARM GUEST START UNIT, FULLY

UPHOLSTERED :FINISH- SILVER METALLIC

FRAME, BLACK ARM CAPS :UPH- SEAT-LUXE

STEEL, BACKMOMENTUM SILICA HIATUS 14 EA

SOL2SGU21OPU 17 KRUG INC. SOL2-CGU21OPU--- SOLIS

21" OPEN ARM GUEST CENTER UNIT, FULLY

UPHOLSTERED :FINISH- SILVER METALLIC

FRAME, BLACK URETHANE ARM CAPS :UPH-

SEAT-LUXE STEEL, BACKMOMENTUM SILICA

SOL2-EGU21OPUU 18 KRUG INC. SOL2-EGU21OPU--- SOLIS

21" OPEN ARM GUEST END UNIT, FULLY

UPHOLSTERED :FINISH- SILVER METALLIC

FRAME, BLACK URETHANE ARM CAPS :UPH-

SEAT-LUXE STEEL, BACKMOMENTUM SILICA

HIATUS 16 EA

SOL2-SGU30OPU

U- 19 KRUG INC. SOL2-SGU30OPU--- SOLIS

30" OPEN ARM GUEST START UNIT, FULLY

UPHOLSTERED :FINISH- SILVER METALLIC

FRAME, BLACK URETHANE ARM CAPS :UPH-

SEAT-LUXE STEEL, BACK 5 EA 780.1700

eCMS Item Line ID 13008364

REQUEST, TURN-IN, AND RECEIPT FOR PROPERTY OR SERVICES

SOL2-EGU30OPU

U- 20 KRUG INC. SOL2-EGU30OPU--- SOLIS

30" OPEN ARM GUEST END UNIT, FULLY

UPHOLSTERED :FINISH- SILVER METALLIC

FRAME, BLACK URETHANE ARM CAPS :UPH-

SEAT-LUXE STEEL, BACKMOMENTUM SILICA

HIATUS 1 EA 729.0400

eCMS Item Line ID 13008365

SOL4-LKE-22-2

22 21 KRUG INC. SOL4-LKE-22-22-- SOLIS

22" SQUARE LINKING END TABLE :FINISH-

WHITE LAMINATE WITH POLYMER EDGE 7 EA 232.8900

eCMS Item Line ID 13008366

SOL4-LKCSF90-

- 22 KRUG INC. SOL4-LKCSF90-- SOLIS

RECTILINEAR CORNER CONNECTOR TABLE 90

REQUEST, TURN-IN, AND RECEIPT FOR PROPERTY OR SERVICES

POLYMER EDGE 6 EA 271.3600

eCMS Item Line ID 13008367

SOL4-42-22-16

6-- 23 KRUG INC. SOL4-42-22-16-- SOLIS

RECTANGULAR TABLE, FREESTANDING

:FINISH- WHITE LAMINATE WITH POLYMER

EDGE 3 EA 204.5400

eCMS Item Line ID 13008368

SOL2-SGU30OPU

U- 24 GROUP 08 - WAITING ROOM C1A-405C-

KRUG INC. SOL2-SGU30OPU--- SOLIS 30"

OPEN ARM GUEST START UNIT, FULLY

UPHOLSTERED :FINISH- SILVER METALLIC

FRAME, BLACK URETHANE ARM CAPS :UPH-

SEAT-LUXE STEEL, BACK- 1 EA 780.1700

eCMS Item Line ID 13008369

SOL2-SGU21OPUU 25 KRUG INC. SOL2-SGU21OPU--- SOLIS

21" OPEN ARM GUEST START UNIT, FULLY

FRAME, BLACK ARM CAPS :UPH- SEAT-LUXE

SOL2-CGU21OPU

U- 26 KRUG INC. SOL2-CGU21OPU--- SOLIS

21" OPEN ARM GUEST CENTER UNIT, FULLY

UPHOLSTERED :FINISH- SILVER METALLIC

FRAME, BLACK URETHANE ARM CAPS :UPH-

SEAT-LUXE STEEL, BACKMOMENTUM SILICA

HIATUS 1 EA

SOL2-EGU21OPU

U- 27 KRUG INC. SOL2-EGU21OPU--- SOLIS

21" OPEN ARM GUEST END UNIT, FULLY

UPHOLSTERED :FINISH- SILVER METALLIC

FRAME, BLACK URETHANE ARM CAPS :UPH-

SEAT-LUXE STEEL, BACKMOMENTUM SILICA

HIATUS 1 EA

SOL4-LKE-22-2

22- 28 KRUG INC. SOL4-LKE-22-22-- SOLIS

22" SQUARE LINKING END TABLE :FINISH-

WHITE LAMINATE WITH POLYMER EDGE 2 EA

SOL4-42-22-16

6-- 29 KRUG INC. SOL4-42-22-16-- SOLIS

RECTANGULAR TABLE, FREESTANDING

:FINISH- WHITE LAMINATE WITH POLYMER

EDGE 1 EA

SOL2-SGU21OPUU 30 GROUP 09 - (1) 1A412A INTERVIEW,

(2) 1A405J, POLICE/EVALUATION, (1)

1A405C CONSULTATION, (1) 1A403 TRIAGE

KRUG INC. SOL2-SGU21OPU--- SOLIS 21"

OPEN ARM GUEST START UNIT, FULLY

INSTALLATION 31 INDIVIDUAL ITEMS INSTALLATION

DEALER SERVICES LABOR TO RECEIVE,

DELIVER AND INSTALL DURING NORMAL

WORKING HOURS 1 EA

Total:________________________

PROJECT 549-107 DALLAS ER EXPANSION K

STATEMENT OF WORK

I. INTRODUCTION

The purpose of this procurement documentation is to obtain systems furniture SIN 71 1,71 100, 71 101, 71 103, 71 201, 71 205, 71 204 and 71 295 seating sofas, consoles, consoles with TV lift, tack boards, white boards, adjustable height tables, task chairs, side chairs, conference chairs, guest chairs, conference tables, corner tables, coffee tables, lounge chairs, benches, waiting areas furniture, book cases

Cubicle curtains and tracks, and related design, installation, and storage for Veterans Affairs (VA) Dallas located at 4500 South

Lancaster Blvd., Dallas, TX 75216. Items are needed to furnish, Offices, Waiting Areas and Bereavement Rooms in the new ER Expansion

Project.

II. DAYS REQUIRED FOR DELIVERY

Estimated completion of installation for this project is April 1st.

2018.

III. PROJECT REQUIREMENTS

A. Necessary Components: The successful contractor awarded this project shall provide all components, hardware, and parts necessary for proper assembly, installation, and operation even through certain items may not be specifically described in the specifications. This includes all fittings, couplers, brackets, adapters, panel connectors, etc. Contractors shall include the cost of such components, hardware, and parts in the quotation price.

B. New and UNUSED: All goods shall be new, unused, produced from current production components, and shall be delivered ready for use. No components may be used that are not contained in the manufacturer’s current parts catalog for the goods as described in the attached product description list.

C. STANDARD COMPONENTS: Unless superseded by parts description specifications, goods shall include all components and accessories listed by manufacturer as standard and included in the contractor’s GSA Schedule contract.

D. DELIVERY: All shipping and handling charges shall be paid by the contractor. Responsibility and Liability for loss or damage shall remain with the contractor until final inspection and acceptance by the VA.

E. ENVIRONMENTAL CONSIDERATIONS: All furniture should comply with current federal and agency sustainability requirements to the maximum extent possible. Offered products should comply with the requirements of Executive Orders 13101 and 13123. This may include recycled content, limits on volatile organic compounds

(VOC) emissions, energy efficiency, recyclable, and bio-based materials. Quotes shall include information on the environmental characteristics of offered products, including certifications.

F. KEY PERSONNEL: Replacement of key personnel: Key personnel shall not be removed, replaced or reassigned either permanently or temporarily to another task without written concurrence by the VA project manager and the contracting officer. If one or more of the key personnel is unavailable for work under the order, the contractor shall immediately notify the contracting officer and replace such personnel with personnel of equal qualifications. These qualifications shall be submitted to the contracting officer for review and approval. The government reserves the right to accept or reject personnel identified for tasks assigned under the order.

G. PERFORMANCE OF WORK ON GOVERNMENT PREMISES: Current rules and regulations applicable to the premises where the work will be performed shall apply to the contractor and its employees while working on the premises. These regulations include but are not limited to, presenting valid identification for entrance, smoking restriction and any safety procedures as outlined in the site regulations.

H. REQUIRED STANDARDS FOR FURNITURE: The following standards must be met to insure quality furniture will be manufactured and delivered by the Contractor to VANTHCS.

1. ANSI: American National Standards Institute

2. ASTM: American Society for Testing and Materials

3. NFPA: National Fire Protection Association

I. DELIVERY REQUIREMENTS: The contractor must arrange delivery to the installation site location in accordance with the installation schedule. All furnishing must be delivered by

March 27, 2018.

J. Installation: All Furniture must be installed no later than April 1, 2018 through April 7, 2018. The contractor will be responsible for any damage to the building which occurs during delivery and installation. It is incumbent upon the successful contactor to identify any existing damage to the building by means of a Pre-Installation and Delivery Walk-Thru, and daily submissions of checklists to the designated agency representative on site. Proper measures (protective runners, pads, etc.) shall be utilized by the contractor to protect the building (elevator, walls, floors, etc.) The contractor shall prepare the office space for occupancy and immediate use. The contractor shall clean up and dispose of waste materials or rubbish. All waste materials or rubbish shall be removed from the site. Furniture Cleaning: The contractor shall clean and dust furniture surfaces inside and out with a spray cleaner upon completion of installation of each floor.

Use only approved non-toxic cleaners. Site Visit Required prior to installation

K. Furniture Minimum Requirements: A modular component system used to create flexible/mobile work space, Counter cases, wall and storage assemblies, including office furniture with the following features: All furniture shall be sized identical inside and out and use the same hinges and drawer hardware, regardless of whether they are constructed of laminated/ edge-banded panels, powder coated steel or stainless steel or wood.

All drawers shall be full extended file drawers shall be readily convertible without the use of tools by owner from side to side to front to back filing and shall also be able to be changed by owner without the use of tools from letter to legal filing. All cabinets shall be able to be disassembled and reassembled, allowing any damaged components such as side panels, bases, back panels, shelves, and such to be replaced using only a Phillips and/ or flathead head screwdriver. All cabinet doors shall be readily removable by means of a snap on clip systems, allowing for easy removal or interchangeability of such doors using only a flathead screwdriver. Drawer fronts shall be removable by means of two touch latches located under the front of the drawer, allowing for removal of drawer fronts without tools in order to replace drawer fronts or to wipe out drawers. All base cabinets shall have removable steel bases that can be exchanged for rolling bases making such cases mobile. All mobile cases shall have removable bases that can be exchanged for fixed bases making such cases fixed. All modular electrical components can be used in service cases, counter chases, wall components and cabinets, allowing such components to be moved between wall, counter, service case and cabinet components. All components, sub-assemblies and individual parts of cabinets and counters can be selectively removed, added, changed, repaired, or repositioned by any manufacturer trained personnel without use of special tools or equipment. No commercial product will be allowed, all products shall be on compliance with strict healthcare requirements for furniture.

L. MODULAR CASEGOODS:

Minimum Requirements Premium grade matched wood veneer surfaces or

HDL 12-year warranty on parts and labor

Recycled-content substrates

VOC-free water-based stains, adhesives and finishes

FSC-certified veneer and core material

No-added-formaldehyde (NAF) and FCS-certified NAF substrate

The topcoat material is water-borne urethane

Black anodized slides

Integrated filing rails in file drawers

Dividers in box drawers

Metal dividers in overhead storage

Concealed metal panel connectors

GREENGUARD-certified.

The following clauses and provisions apply to this acquisition:

(ix) 52.212-2 Evaluation—Commercial Items. (Oct 2014)

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

Lowest price technical acceptable – must meet the manufacturers specifications for all line items

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

(x) 52.212-3 Offeror Representations and Certifications—Commercial Items. (DEC 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (t) of this provision.

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

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

“Civil judgment” means–

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

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

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’”. The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces.

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

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws.

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

(1) Department of Labor Wage and Hour Division (WHD) for– https://www.sam.gov/portal https://www.acquisition.gov/sites/default/files/current/far/html/www.dol.gov/fairpayandsafeworkplaces

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for–

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

(ii) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era

Veterans’ Readjustment Assistance Act of 1974; and

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

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

(5) Equal Employment Opportunity Commission (EEOC) for–

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

(9) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era

Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

and

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

and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

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

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

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

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

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(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, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

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

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

[Offeror to identify the applicable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— http://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html#wp1073667

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

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

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) It □ has, □ has not filed all required compliance reports.

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

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

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

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

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

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192900 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP25.html#wp225048 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038

“United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements–Israeli Trade Act.”

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

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

Line Item No. Country of Origin

[List as necessary]

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

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

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

Line Item No. Country of Origin

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169151

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals—

(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii)…