60RRBH18Q0007.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

60RRBH18Q0007

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/09/2018

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME Amber Erickson (amber.erickson@rrb.gov)

b. TELEPHONE NUMBER (No collect calls) 312-751-4538

8. OFFER DUE DATE / LOCAL

TIME

02/23/2018 13:00:00

CODE ACQMGMT

U.S. Railroad Retirement Board Acquisition Management 844 N. Rush St.

Chicago, IL 60611

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 721110

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

X

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

010ACODE15. DELIVER TO

OFFICE OF PROGRAMS

U.S. RAILROAD RETIREMENT BOARD

844 N. RUSH ST. - 5TH FLOOR

CHICAGO, IL 60611

CODE 03916. ADMINISTERED BY

U.S.RAILROAD RETIREMENT BOARD

ACQUISITION MANAGEMENT

844 N. RUSH ST., 9TH FL.

CHICAGO, IL 60611

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

U.S. RAILROAD RETIREMENT BOARD

FISCAL OPERATIONS

844 N RUSH ST., 5TH FLOOR

CHICAGO, IL 60611

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Lines

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Paul T. Ahern

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: 60RRBH18Q0007 PROCESSED Page 1 of 31

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Document Number: 60RRBH18Q0007 PROCESSED Page 2 of 31

Table of Contents

Section Description Page Number

I Introduction Overview

II Schedule of Supplies and Services Schedule of Supplies and Services

III Statement of Work Statement of Work

IV General Terms and Conditions 52.232-18 Availability Of Funds (Apr 1984) 52.212-3 Offeror Representations and Certifications--Commercial Items (Jan 2017) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2017) RRB.B.04 Billing

V Proposal Submission Instructions Submission of Quotations/Proposals

VI Evaluation and Award Evaluation and Award

VII List of Attachments Attachments

Document Number: 60RRBH18Q0007 PROCESSED Page 3 of 31

Section I - Introduction

Overview

A. Agency Information: The U.S. Railroad Retirement Board (RRB) is an independent federal agency that administers a retirement and survivor benefit program for railroad employees and their families. The RRB was established by the Railroad Retirement Acts of 1937 and 1974. Its benefit program was the forerunner of the more familiar social security system. The Railroad Retirement System is unique inasmuch as it is the only federally administered benefit program covering a single private industry. The RRB also adminis-ters the Railroad Unemployment Insurance Act which provides unemployment and sickness benefits to railroad employees. The RRB’s headquarters and the RRB’s Office of the Inspector General are located in Chicago, Illinois. The RRB also has 53 field offices, nationwide.

B. Requirement: The RRB seeks to procure conference rooms, audio visual services, hotel room accommodations, optional session video recording, food and beverages and luncheon meals for attendees participating in training in the Chicago area National Rail Em-ployers Training Seminar (NRETS) in August 2018, as specified in Section III, Statement of Work (SOW), below.

This solicitation is a local area set aside. The RRB is seeking quotes from hotels that are located within the following areas in Chicago surrounding the RRB Headquarters:

North and South boundaries: Division St. to the North and 12th St. to the South East and West boundaries: Lake Shore Dr. to the East and Wells St. to the West

The RRB will only accept and evaluate quotations from hotels within the above stated areas.

C. Questions pertaining to this solicitation must be submitted in writing and received by this office in sufficient time to allow the timely transmission of written answers by solicitation amendment. To ensure this, the RRB will only answer questions received in this office no later than 1:00PM Central Standard Time (CST) on Friday, February 16, 2018. Offers are due no later than 1:00PM CST on Friday, February 23, 2018. Please email your questions and quotations to: proposals@rrb.gov.

D. This solicitation is issued Subject to Availability of Funds. There currently are no funds available for the requested services in the solicitation. The RRB intends to issue a contract or order once funds become available for the requested services.

Section II - Schedule of Supplies and Services

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

0001 Lodging, Hotel/Motel 0.000000 EA

Period of Performance: 08/01/2018 - 08/03/2018

Description:

Pricing for hotel guest room accommodations, meeting rooms, audio/visual services, optional session video recording, food and beverages and luncheon meals for the NRETS meeting during the dates of August 1-3, 2018. Offerors shall enter a firm fixed price for the items/services indicated in the subCLINS below.

The RRB will choose one of the dates listed in Section III below for the NRETS meeting.

0001AA Lodging, Hotel/Motel 200.000000 EA

Period of Performance: 08/01/2018 - 08/03/2018

Description:

Pricing for guest room hotel accommodations for the NRETS meeting if held on August 1-3, 2018. Offerors shall enter a firm fixed price for 100 guests for a stay of 2 nights each for a total of 200 room nights. All taxes, fees and any gratuities shall be included in the price offering.

0001AB Lodging, Hotel/Motel 6.000000 $

Period of Performance: 08/01/2018 - 08/03/2018

Description:

Pricing for the meeting rooms, including one (1) general session room and five (5) breakout rooms, as specified in Section III.A.3., Statement of Work, of this RFQ for the duration of the NRETS conference if held on August 1-3, 2018. All taxes, fees and any gratuities shall be included in the price offering.

Document Number: 60RRBH18Q0007 PROCESSED Page 4 of 31

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

0001AC Miscellaneous Communication Equipment 0.000000 $

Period of Performance: 08/01/2018 - 08/03/2018

Description:

Pricing for the Audio/Visual equipment, as specified in Section III.A.3, Statement of Work, of this RFQ for the duration of the NRETS conference if held during the period of August 1-3, 2018.

0001AD Voice Recording and Reproducing Equipment 0.000000 $

Period of Performance: 08/01/2018 - 08/03/2018

Description:

Pricing for the optional session video recording, as specified in Section III.A.4., Statement of Work, of this RFQ for the duration of the NRETS conference if held during the period of August 1-3, 2018.

0001AE MISCELLANEOUS HOUSEKEEPING 0.000000 $

Period of Performance: 08/01/2018 - 08/03/2018

Description:

Pricing for the food and beverages provided during the AM and PM meeting break periods, as specified in Section III.A.5.a., Statement of Work, of this RFQ, for the duration of the NRETS conference if held on August 1-3, 2018.

0001AF MISCELLANEOUS HOUSEKEEPING 100.000000 $

Period of Performance: 08/01/2018 - 08/03/2018

Description:

Pricing for a total of 100 three-course sitdown luncheon meals provided as specified in Section III.A.5.b., Statement of Work, of this RFQ for the the NRETS conference if held on August 1-3, 2018.

0002 Lodging, Hotel/Motel 0.000000 EA

Period of Performance: 08/08/2018 - 08/10/2018

Description:

Pricing for hotel guest room accommodations, meeting rooms, audio/visual services, optional session video recording, food and beverages and luncheon meals for the NRETS meeting during the dates of August 8-10, 2018. Offerors shall enter a firm fixed price for the items/services indicated in the subCLINS below.

The RRB will choose one of the dates listed in Section III below for the NRETS meeting.

0002AA Lodging, Hotel/Motel 200.000000 EA

Period of Performance: 08/08/2018 - 08/10/2018

Description:

Pricing for guest room hotel accommodations for the NRETS meeting if held on August 8-10, 2018. Offerors shall enter a firm fixed price for 100 guests for a stay of 2 nights each for a total of 200 room nights. All taxes, fees and any gratuities shall be included in the price offering.

0002AB Lodging, Hotel/Motel 6.000000 $

Period of Performance: 08/08/2018 - 08/10/2018

Description:

Pricing for the meeting rooms, including one (1) general session room and five (5) breakout rooms, as specified in Section III.A.3., Statement of Work, of this RFQ for the duration of the NRETS conference if held on August 8-10, 2018. All taxes, fees and any gratuities shall be included in the price offering.

0002AC Miscellaneous Communication Equipment 0.000000 $

Period of Performance: 08/08/2018 - 08/10/2018

Description:

Pricing for the Audio/Visual equipment, as specified in Section III.A.3, Statement of Work, of this RFQ for the duration of the NRETS conference if held during the period of August 8-10, 2018.

Document Number: 60RRBH18Q0007 PROCESSED Page 5 of 31

0002AD Voice Recording and Reproducing Equipment 0.000000 $

Period of Performance: 08/08/2018 - 08/10/2018

Description:

Pricing for the optional session video recording, as specified in Section III.A.4., Statement of Work, of this RFQ for the duration of the NRETS conference if held during the period of August 8-10, 2018.

0002AE MISCELLANEOUS HOUSEKEEPING 0.000000 $

Period of Performance: 08/08/2018 - 08/10/2018

Description:

Pricing for the food and beverages provided during the AM and PM meeting break periods, as specified in Section III.A.5.a., Statement of Work, of this RFQ for the duration of the NRETS conference if held on August 8-10, 2018.

0002AF MISCELLANEOUS HOUSEKEEPING 100.000000 $

Period of Performance: 08/08/2018 - 08/10/2018

Description:

Pricing for a total of 100 three-course sitdown luncheon meals provided as specified in Section III.A.5.b., Statement of Work, of this RFQ for the the NRETS conference if held on August 8-10, 2018.

0003 Lodging, Hotel/Motel 0.000000 EA

Period of Performance: 08/15/2018 - 08/17/2018

Description:

Pricing for hotel guest room accommodations, meeting rooms, audio/visual services, optional session video recording, food and beverages and luncheon meals for the NRETS meeting during the dates of August 15-17, 2018. Offerors shall enter a firm fixed price for the items/services indicated in the subCLINS below.

The RRB will choose one of the dates listed in Section III below for the NRETS meeting.

0003AA Lodging, Hotel/Motel 200.000000 EA

Period of Performance: 08/15/2018 - 08/17/2018

Description:

Pricing for guest room hotel accommodations for the NRETS meeting if held on August 15-17, 2018. Offerors shall enter a firm fixed price for 100 guests for a stay of 2 nights each for a total of 200 room nights. All taxes, fees and any gratuities shall be included in the price offering.

0003AB Lodging, Hotel/Motel 6.000000 $

Period of Performance: 08/15/2018 - 08/17/2018

Description:

Pricing for the meeting rooms, including one (1) general session room and five (5) breakout rooms, as specified in Section III.A.3., Statement of Work, of this RFQ for the duration of the NRETS conference if held on August 15-17, 2018. All taxes, fees and any gratuities shall be included in the price offering.

0003AC Miscellaneous Communication Equipment 0.000000 $

Period of Performance: 08/15/2018 - 08/17/2018

Description:

Pricing for the Audio/Visual equipment, as specified in Section III.A.3, Statement of Work, of this RFQ for the duration of the NRETS conference if held during the period of August 15-17, 2018.

0003AD Voice Recording and Reproducing Equipment 0.000000 $

Period of Performance: 08/15/2018 - 08/17/2018

Description:

Pricing for the optional session video recording, as specified in Section III.A.4., Statement of Work, of this RFQ for the duration of the NRETS conference if held during the period of August 15-17, 2018.

Document Number: 60RRBH18Q0007 PROCESSED Page 6 of 31

0003AE MISCELLANEOUS HOUSEKEEPING 0.000000 $

Period of Performance: 08/15/2018 - 08/17/2018

Description:

Pricing for the food and beverages provided during the AM and PM meeting break periods, as specified in Section III.A.5.a., Statement of Work, of this RFQ for the duration of the NRETS conference if held on August 15-17, 2018.

0003AF MISCELLANEOUS HOUSEKEEPING 100.000000 $

Period of Performance: 08/15/2018 - 08/17/2018

Description:

Pricing for a total of 100 three-course sitdown luncheon meals provided as specified in Section III.A.5.b., Statement of Work, of this RFQ for the the NRETS conference if held on August 15-17, 2018.

Schedule of Supplies and Services

A. Offerors shall enter, in the table above, firm fixed prices for hotel accommodations, meeting rooms, food & beverages, audio/visu-al, and optional video recording services for the amount of guests indicated during the time periods specified. Offerors shall include all applicable taxes, fees and any gratuities in the price. The RRB is a federal agency and is sales tax exempt (see RRB Tax Exempt Certification provided in Attachment A). The RRB will select one of the periods listed in the above table for hotel and meeting ac-commodations, subject to available funds.

B. CONTRACTOR INFORMATION FOR ORDER ADMINISTRATION

1) Order address ______________________

2) Business Size ______________________

3) Federal Tax ID # ____________________ [Submit on IRS Form W9 with offer]

4) DUNS No. ______________________

5) Remit Address ______________________

6) Offer is (check one)

Open Market ___ GSA MAS Contract ____

Insert Contract No. __________________ (if applicable) Please attach (or E-Mail) a copy of contract.

Effective dates ___________ - ______________.

7) Authorized representatives:

Business Technical

Name:

Phone #:

Fax #:

E-Mail:

8) System for Award Management (SAM) completed*:

Document Number: 60RRBH18Q0007 PROCESSED Page 7 of 31

Yes [ ] No [ ]

* Offeror must be properly registered, including business size annotation, and in active status in SAM at time of proposal sub-mission to be eligible for award of a Federal contract or order. (See www.sam.gov).

PERIOD OF PERFORMANCE

ITEM START END

0001 08/01/2018 08/03/2018

0001 AA 08/01/2018 08/03/2018

0001 AB 08/01/2018 08/03/2018

0001 AC 08/01/2018 08/03/2018

0001 AD 08/01/2018 08/03/2018

0001 AE 08/01/2018 08/03/2018

0001 AF 08/01/2018 08/03/2018

0002 08/08/2018 08/10/2018

0002 AA 08/08/2018 08/10/2018

0002 AB 08/08/2018 08/10/2018

0002 AC 08/08/2018 08/10/2018

0002 AD 08/08/2018 08/10/2018

0002 AE 08/08/2018 08/10/2018

0002 AF 08/08/2018 08/10/2018

0003 08/15/2018 08/17/2018

0003 AA 08/15/2018 08/17/2018

0003 AB 08/15/2018 08/17/2018

0003 AC 08/15/2018 08/17/2018

0003 AD 08/15/2018 08/17/2018

0003 AE 08/15/2018 08/17/2018

0003 AF 08/15/2018 08/17/2018

Section III - Statement of Work

Statement of Work

A. Requirements The RRB requires the services of a local area Chicago hotel to provide the following for the RRB's NRETS conference to be held in August 2018:

1. Accommodations and Meeting Rooms for NRETS conference to be held during one of the following time peri-ods: August 1-3, August 8-10, or August 15-17, 2018.

2. Hotel Accommodations - Two (2) consecutive nights' stay per guest room for one of the following periods: August 1-3, August 8-10 or August 15-17, 2018. There shall be 90-100 single occupancy rooms per night.

a. Rooms shall include 1-2 queen sized beds or 1 king sized bed.

b. Individual guests or groups shall pay for guest room accommodation costs and guest room related in-cidentals (including but not limited to room wet bar and snacks, pay per view TV, and room service) with credit card or company check.

3. NRETS registration area: The NRETS Registration Area requires an internet connection and 3-4 long registration tables and chairs for staff.

4. Meeting rooms:

Document Number: 60RRBH18Q0007 PROCESSED Page 8 of 31

a. General Session Room arranged with theater style seating for 90-100 attendees, for the following dates and times: August 1, 8 or 15; 1:00-5:00 PM.

1. Audio/Visual needs for general session room:

i. One (1) wireless handheld microphone

ii. One (1) podium with microphone (wired or wireless)

iii. One (1) LCD projector

iv. One (1) tripod projector screen

v. One (1) required LCD package including but not limited to cart/table with skirt, VGA cable, power cord, and power strip

vi. One (1) speaker for sound system (if not part of meeting rooms audio package)

vii. One (1) channel mixer

viii. One (1) flipchart, pad and markers

*The RRB/presenter shall furnish its own laptop computer.

b. At least five (5) Breakout Meeting Rooms arranged with classroom style seating. Seating for approx-imately 50-60 attendees is required in one to two rooms, and seating for 20-30 attendees is required for each additional room on the following dates and times:

August 1, 8 or 15, 2018; 1:00 - 5:00 PM August 2, 9, or 16, 2018; 8:00 AM - 5:00 PM August 3, 10 or 17, 2018; 8:00 AM - 12:00 PM

*Note: The general session room and breakout rooms shall be within close proximity.

1. Audio/Visual needs for each break out room:

i. One (1) podium with microphone

ii. One (1) LCD projector

iii. One (1) tripod projector screen

iv. One (1) butcher block (or flipchart) with paper and markers

v. One (1) cart/table with skirt

vi. One (1) required LCD package including but not limited to cart/table with skirt, VGA cable, power cord, and power strip

vii. One (1) speaker for sound system (if not part of meeting rooms audio package)

viii. One (1) channel mixer

5. Optional video recording services for NRETS meeting sessions:

a. Dates, times and number of sessions for recording shall be designated at a later date, but no later than three (3) working days prior to event.

b. Camera technican(s) and video recording equipment and recording media (DVD/R) required for video recording of seminar.

c. Output for each recorded session shall be on standard DVD-R.

6. Food & Beverages

a. Refreshments

1. PM Break (August 1st and 2nd, August 8th and 9th or August 15th and 16th) occurs approximately between 1:45-3:15PM. Refreshments during this break shall include, at a minimum, water, soft drinks and cookies.

2. AM Break (August 2nd and 3rd, August 9th and 10th, or August 16th and 17th) oc-curs approximately between 8:45-9:15AM. Refreshments during this break shall include, at a minimum, coffee, tea, juice, bagels and assorted pastries.

3. Refreshment tables shall be located inside or outside of the general session room.

b. Luncheon

1. The luncheon shall be held on August 2, 9 or 16, 2018, depending on the time period the RRB chooses to hold the NRETS conference.

2. Offeror shall provide a 3-course sitdown luncheon (appetizer/soup/salad, three (3) choices of entrees, desserts and refreshments). The preferred price per person for the luncheon is $35.00-$45.00 before taxes and service fees.

3. The luncheon will be paid either by wire transfer or certified funds from the Great Lakes Credit Union located at 230 South LaSalle, Chicago, IL 60604. The account hold-er at this Credit Union is the National Employer U.S. Railroad Retirement Board. The RRB points of contact for the luncheon are as follows:

Document Number: 60RRBH18Q0007 PROCESSED Page 9 of 31

Laretta Earls-Rozelle Supervisor Analyst Laretta.Earls@rrb.gov 312-751-4961

Nathaniel Coleman Chief of Compensation Employer Services Nathaniel.Coleman@rrb.gov 312-751-4652

7. Parking - Some of the attendees at the NRETS conference may require onsite parking. Parking would be paid by the attendees at the conference. The offeror shall supply the RRB with parking availability, rates and any other necessary parking information so that the RRB can inform the NRETS attendees.

B. Attrition Rate

The RRB assumes a 10% attrition rate, unless stated otherwise by the offeror.

Section IV - General Terms and Conditions

52.232-18 Availability Of Funds (Apr 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

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

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

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

"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency fol-lowing 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 va-cated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particu-lar 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.

Document Number: 60RRBH18Q0007 PROCESSED Page 10 of 31

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

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

(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.

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"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 un-der 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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(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 busi-ness, 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

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(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 un-der a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same com-pany or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

"Women-owned small business concern" means a small business concern--

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

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

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business oper-ations 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 in-definitely 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 ht-tp://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the rep-resentations 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 solicita-tion (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

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

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its

Document Number: 60RRBH18Q0007 PROCESSED Page 14 of 31 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 busi-ness concern in paragraph (c)(5) of this provision.] The offeror represents that--

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

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participat-ing 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 circum-stances 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 sur-plus 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 of-fice, 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 of-feror 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--

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(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 re-quired 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 manufac-tured 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 para-graph (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 Amer-ican--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, pro-duced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy Amer-ican--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

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[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…