RFQ_693JJ318Q000029.pdf

Request for Quotation 693JJ318Q000029 Page 1

REQUEST FOR QUOTATION (RFQ)

Issuing Office: Federal Highway Administration (FHWA)

Office of Acquisitions and Grants Management Office of Assistance Agreement & Acquisition Services

HFCA-31

1200 New Jersey Avenue, S.E.

Mail Stop: E65-101 Washington, DC 20590-0001

Agency Contact: Gunnar Prutz, Contract Specialist Telephone: (360)619-7685 Gunnar.Prutz@dot.gov

Secondary Point of Contact:

Megan Mavis, Contract Specialist Telephone: (720)963-3369

Megan.Mavis@dot.gov

Title: 693JJ318Q000029 - 2018 FHWA Structures Discipline Seminar

Equipment and Room Rental

RFQ Release Date: March 23, 2018

Questions Due Date: March 29, 2018 12:00 PM Pacific Time

Quotations Due Date: April 3rd, 2018 12:00 PM Pacific Time

Submit Quotations and Questions to: Gunnar.Prutz@dot.gov and Megan.Mavis@dot.gov

Request for Quotation 693JJ318Q000029 Page 2

PART I

This is a Firm Fixed Price Request for Quotation (RFQ), No. 693JJ318Q000029, being issued by the Federal Highway Administration (FHWA) Office of Acquisitions and Grants Management for 2018 FHWA Structures Discipline Seminar Equipment and Room Rental.

This OPEN-MARKET solicitation is prepared in accordance with FAR Part 12, the acquisition of commercial items in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR 13, Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-97.

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; proposals are being requested and a written solicitation will not be issued.

This solicitation is an SMALL BUSINESS SET ASIDE and the North American Industry Classification System (NAICS) code is 721110 with an industry size standard of $32.5 million. A responsible quoter is one whose quote conforms to the solicitation and will be most advantageous to the Government. It is the contractor’s responsibility to be familiar with applicable clauses and provisions. FAR Provisions and Clauses may be viewed and/or downloaded from https://www.acquisition.gov/?q=browsefar.

To be eligible to receive a Government Contract a contractor must be registered and active in www.SAM.gov prior to award.

Instructions for Preparation of Quotations:

In responding to this RFQ, quotations MUST include the following:

1. Narrative discussion addressing the quoter’s technical approach and technical merit factors identified in Part I, Section 6.0, Evaluation Criteria. A description of how the statement of work requirements will be completed; submittals should be realistic and should consider both budgetary and time constraints.

The quote should contain a building layout, per diem information, Project Manager qualifications, and facility location information for evaluation purposes.

2. Submitted pricing in the format of the Contract Line Item Number (CLIN) Structure table shown in Part II.

NOTE: Price quotations shall be submitted separately from the technical submission (that is, as separate email attachments to one email message submission).

3. Past performance references: Please provide a matrix of recent relevant past performance (within the last two years), which shall include the following: a short description of the work, the dates of work performance, the name of the client and a contact phone number

Request for Quotation 693JJ318Q000029 Page 3 and email address, so a reference check can be conducted. Quotations shall include three references.

4. Organizational Information: Quotations shall include the following mandatory business information regarding your company in the body of the cover email message:

a. Does your company accept government purchase orders?

b. Business Size (Small, Woman-Owned, Disadvantaged, Hub-Zone, Large, Non-

Profit, etc)

c. Payment Terms (Government Standard is NET 30)

d. Dunn & Bradstreet Number

e. Federal Tax Identification Number (9-Digits)

f. Correct Mailing Address for the order (include name, telephone, email address)

g. Is the company information listed in the System for Award Management (SAM) current and accurate? https://www.sam.gov/portal/public/SAM/

NOTE: Failure to furnish all information required above may result in your quotation being considered non-responsive and eliminated from further consideration.

5. Instructions for Preparation of Quotations:

Quotations shall be submitted electronically as Adobe (.pdf) files with the technical capability, pricing, past performance and organizational information sections submitted in a SINGLE email whose size shall not exceed 10 Megabytes.

Technical quotations shall be limited to 5 Pages. Title and Table of Contents do not count against the page total. All pages past the first 5 shall not be evaluated.

Pricing quotations shall be limited to 2 Pages. Title and Table of Contents do not count against the page total. All pages past the first 2 shall not be evaluated.

Facility Layouts and Past Performance documents do not count against Technical quotation page limit.

6. Evaluation of Quotations

The Government will evaluate quotes and make a best value award decision based on the following factors equally: (A) Technical Capability; (B) Price; and (C) Past Performance. The ultimate award decision will be made based on a determination of overall best value, each of the three factors considered.

A) Technical Capability shall be based on the factors below:

- Qualifications of Project Manager

- Location Per Diem Costs for Participants

- Facility Layout

- Location relative to Airports and Washington DC

Request for Quotation 693JJ318Q000029 Page 4

PART II

2018 FHWA Structures Discipline Seminar Equipment and Room Rental

The Contractor shall furnish all products and non-personal technical, administrative, and other support services to perform the tasks described under this Contract entitled, 2018 FHWA Structures Discipline Seminar Equipment and Room Rental. The Contractor shall furnish all products and non-personal services in support of the mission of the Federal Highway Administration’s (FHWA’s) Office of Technical Services.

This is a Firm Fixed Price (FFP) Request for Quotation and contractors shall quote a total price breakdown based on the proposed contract line item (CLIN) chart below.

CONTRACT

LINE ITEM

NUMBER

(CLIN)

DESCRIPTION QUANTITY UNIT

PRICE

FIRM FIXED

PRICE

0001 2018 FHWA

Structures Discipline Seminar Equipment and Room Rental

1 LS

0002 Lunch Day Packages 50 Passes

TOTAL FIRM FIXED PRICE QUOTE $____________

Request for Quotation 693JJ318Q000029 Page 5

PART III

Statement of Work

2018 FHWA Structures Discipline Seminar Equipment and Room Rental

1. Background The FHWA Office of Technical Services (OTS) is hosting the 2018 FHWA Structures Discipline Support Seminar for Federal Highway employees (GS-7 to GS-15) on May 21st – 24th, 2018. An alternate week for this event is June 4th – 7th, 2018. The discipline seminar provides technical Learning and Development opportunities to employees (in Division, Office of Technical Services, Federal Lands, and Headquarters offices) with critical responsibilities for delivering the Nation’s Federal-aid/Federal Lands Highway programs. The seminar is a 2.5-day residential program (including evening presentations) taught by FHWA leaders and technical experts.

The seminar consists of a two and a half-day session with breakouts where participants and instructors have the opportunity to learn and engage formally and informally during classroom time, non-classroom time, and during meals. The session will be held at an on-site residential conference facility, where lodging and classrooms are co-located. The facility must be located within a 35- mile radius of either BWI, DCA, or IAD airports, but outside of Washington, DC.

Please note that the per diem rate cannot be equivalent to Washington, D.C. The budget for the program is limited. Pricing must be offered at the government per diem rate or below, and the facility must meet all specifications outlined below. FHWA will offer this session to approximately 175 participants.

2. Overview The contractor shall provide all materials, equipment, labor, and any other items necessary to carry out the Structures discipline seminar as defined in this Statement of Work (SOW).

The Contractor shall supply audio visual equipment, meeting rooms, and guest rooms from the venue for the duration of the event. These services shall include:

Use of the 1 general session meeting space for 175 attendees to fit comfortably. Please note the general session room is in addition to the 2 breakout rooms below.

2 breakout rooms capable of holding 90-100 participants each.

1 instructor prep room Meeting room set up High speed wireless internet connection throughout all meeting rooms and common areas LCD projector and screen, podium, microphones, flipchart easels with markers, paper and masking tape Pens and notepads for up to 175 135 guest sleeping rooms

The Government will also require the assistance of IT support on an as needed basis during set up and while training is being conducted to resolve any unforeseen IT disruptions.

NOTE: All FHWA participants will pay for their lodging and meals separately using their government travel card. The Government is not obligating funds for lodging and meal services under this contract.

Request for Quotation 693JJ318Q000029 Page 6

The facility shall provide reasonable accommodations for participants with disabilities.

Meeting space and lodging rooms must meet the Americans with Disabilities Act (ADA) requirements.

3. Statement of Work Tasks

Task 1 – Meeting Space Both the general session room and breakout session meeting rooms shall be near each other (co-located in the same building/same floor).

1. General session Meeting space and set-up of general session classroom to hold 175 people comfortably for the duration of the event. An approval of room set up is required from the contractor by FHWA before the start of the course.

A. Room setup requirements:

i. General seating shall be set as round tables.

ii. One (1) stage 18’x 8’skirted riser

iii. Two (2) 18’x 8’ skirted panel tables and four (4) chairs on the riser

iv. One (1) American flag with pole on the riser

v. Four (4) tables with eight (8) chairs at the rear of the room

vi. Pens and notepads for 175 people

vii. Water cooler or pitchers in room

B. AV requirements:

i. Complimentary basic wireless internet connection

ii. 1 podium and microphone

iii. 2 lavalier microphones

iv. 2 wireless handheld microphones

v. Four flipcharts and easels with markers, paper and masking tape

vi. LCD projector and screen appropriately sized for the room and number of people seated

vii. 1 laser pointer

viii. 1 HDMI connection

ix. Speakers for computer audio connection

x. One (1) 16 channel mixer

xi. 1 dedicated A/V technician available (7 A.M. – 4 P.M.) – to ensure technology is set up in time to start at 7:30 a.m. on Day 1. The technician will be on an as needed basis throughout the training period.

NOTE: It is anticipated that each seminar participant will have at least one device that will connect to Wi-Fi. It is required that the conference wireless network can maintain this number of connections.

Request for Quotation 693JJ318Q000029 Page 7

2. Two (2) breakout rooms A. Room setup requirements:

i. Each breakout shall be set to hold up to 100 people comfortably sitting at round tables (set as crescent shaped) or crescent tables

ii. Each breakout room shall have two (2) panel style tables and three (3) chairs in front of the room

iii. All breakout rooms will also contain two (2) flipchart easels with markers, paper and masking tape

iv. Pens and notepads for up to 100 people.

v. Water cooler or pitchers in room vi.

B. AV setup requirements:

i. One (l) Windows compatible laptop computer with high-speed internet access and Microsoft Office with mouse. Laptop must be connected to the projector provided by the contractor.

ii. 3 wireless mics

iii. One (1) USB remote slide advance device

iv. High-speed internet access for the instructor

v. One (1) projector screen

vi. One (1) AV cart with LCD projector or mounted LCD projector in room

3. One (1) instructor's prep room

i. Five (5) skirted round tables and ten (10) chairs total

ii. High-speed wireless internet access

iii. One (1) flipchart easel with markers, paper and masking tape

4. Additional meeting space During each seminar day, the break out groups will break out into even smaller groups to collaborate. These small groups of 8-10 will have the option of using the breakout rooms, the general session room, and/or the instructor prep room. However, there may also be occasions when the groups would like to disperse throughout the facility. The facility must provide a list of minimum 2-3 areas that would be conducive to this sort of informal idea-generating activity.

5. Outside general session room

i. Two (2) tables and four (4) chairs outside of the general session room to support the seminar registration with access to high-speed internet access.

ii. One (1) flipchart easel with markers, paper and masking tape

iii. One (l) message board (such as a cork or bulletin board) sized at least 12 sq. ft.

for posting messages to participants.

iv. Four (4) skirted exhibit tables with power strips in the general session foyer/pre-function space

6. The general session room may also be used as a third breakout room.

7. During lunch, a speaker may be present. The dining location should be able to accommodate a speaker acoustically and technologically (microphone, projector, table, Request for Quotation 693JJ318Q000029 Page 8 etc.) Alternatively, participants must be able to bring their lunch to the main general session room and clean-up service must be provided.

Task 2 – Schedule for Conference and Meeting Rooms

All equipment, meeting rooms, and staff assistance shall be ready for the FHWA staff to begin using at 9:00 a.m. ET on Monday, May 21st, 2018 or June 4th 2018, and shall remain available for use through 4:00 pm Thursday, May 24th, 2018 or June 7th, 2018.

No other meetings or events shall take place in the rooms for the general session, instructor, and breakout rooms at the facility for the duration of our event. These meeting rooms shall be available for the FHWA’s use 24 hours a day.

For the contractor’s reference, the anticipated times needed to the spaces are listed below:

Monday Tuesday Wednesday Thursday Class Start 9:00 a.m.

(registration) 7:00 a.m. 7:00 a.m. 7:00 a.m.

Class End 8 p.m. 8:00 p.m. 8:00 p.m. 4:00 p.m.

Task 3 – Sleeping Rooms & Meal Packages

1. The contractor shall have available 135 guest sleeping rooms (speakers will only be staying certain nights, not for the duration of the week). These rooms will be reserved by the guests and course participants. These rooms shall be available the night of the May 21st (or June 4th) with a checkout of May 24th (or June 7th) or sooner/later, depending on schedules. The Government makes no assurances in this contract of room occupancy and amount of room rentals throughout this period of performance. No funding obligation for room rentals is made through this contract, though the contract requires the availability of the rooms.

2. Guests will make their individual reservations and payments. All reservation information shall be provided by the Government by May 4th, 2018. After this date, the contractor’s obligation to hold the rooms is removed.

3. The contractor shall have available breakfast, lunch and dinner options for guests and participants. These meals will be the responsibility of the guests and participants to arrange for payment, unless otherwise stated in this SOW.

4. Complimentary parking for up to 75 cars each day.

5. Guest services (business services, local travel arrangements such as taxis, and computer access)

6. An on-site dedicated conference planner. These services shall be available at a minimum from 7:00 A.M. until 4:00 P.M.

Request for Quotation 693JJ318Q000029 Page 9

Arrival/Departure Schedule

Guest rooms shall be ready for the FHWA staff to begin use at hotel check-in time on Monday, May 21st, 2018, or June 4th, 2018, through hotel check-out time on Thursday, May 24th, 2018, or June7th, 2018. Some of our employees traveling from Hawaii or Alaska (and others) may need to check in as early as Sunday, May 20th (or June 3rd) and/or check-out as late as Friday, May 25th (or June 8th), depending on participant’s flight schedules. For those within driving distance, guests will check out on May 24th (or June 7th) and depart after the event. FHWA staff will be responsible for reserving and paying for their hotel rooms individually. The Government makes no assurances of occupancy as part of this order.

Meals, Day Packages, and Beverage/Break Service

Meals FHWA attendees will be responsible for payment of breakfast, lunch, and dinner meals at the per diem rates. Meals shall be provided onsite by the Contractor beginning with breakfast on Tuesday, May 22nd (or June 5th) and ending with breakfast on Thursday, May 24th (or June 7th). Breakfast, lunch, and dinner must have the option for gluten intolerance, vegan, vegetarian, or to modify offerings based on other dietary restrictions. Employees who arrive prior to Tuesday morning or depart Friday morning must have access to on-site restaurants or options within walking distance. Again, employees staying onsite will be responsible for paying for their meals individually.

For speakers that attend for a limited number of nights (i.e. 1 or 2), the contractor shall be required to provide lodging for the nights of their stay, and the option to attend breakfast, lunch, and dinner meals at the Government per diem rates. These rooms are included in the overall rooms necessary for this contract. This information will be provided to the contractor by May 11th, 2018.

Day Packages

The contractor shall be required to provide a “day package” for a limited number of speakers and local FHWA seminar participants (not eligible for travel) who may join the group for lunch before or after their session but will NOT be spending the night. This number of “day packages” will be provided to the contractor by May 11th, but is currently estimated to be 75 per day. The costs of the day passes will be billed as part of the purchase order. The day package shall be billed at the per diem rates for lunch, including taxes and all fees. 150 (75 x 2 days) packages shall be supplied by the contractor, but only the packages used by the Government shall be billed as part of this order.

Break and Beverage Service The contractor shall provide continuous beverage service (coffee, hot water, ice water) from 8:00 am – 5:00 pm on Tuesday/Wednesday and 8:00 am – 1 pm on Thursday.

Morning and afternoon snacks shall also be provided for attendees at the breaks and will be charged to the Government Purchase Order. The beverage and snack service will be sufficient for the number of total attendees (estimated 175.) Exact numbers will be provided by May 11th.

Request for Quotation 693JJ318Q000029 Page 10

Amenities FHWA attendees will have access to complimentary parking, Wi-Fi, and other amenities (such as exercise rooms, business center, etc.) for the duration of the event.

In summary, contractors should provide a quote containing the following information:

Government Purchase Order Individual Attendee Meeting space rental Sleeping Rooms A/V equipment Meals Morning & afternoon breaks/beverage service (start Tuesday a.m. – end Thursday a.m.)

Day Packages – for speakers to have lunch (per diem rate for lunch, including taxes and all fees X # of packages)

Service charges (if applicable)

4. Period of Performance The period of performance for this order is from the date of award until May 24th, 2018 (or June 7th, 2018.)

5. Place of Performance The place of performance shall be at the contractor’s facility.

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CONTRACT PROVISIONS

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at https://www.acquisitions.gov/far

52.204-7 -- System for Award Management (Oct 2016) 52.204-16 -- Commercial and Government Entity Code Reporting (Jul 2016) 52.212-1 -- Instructions to Offerors—Commercial Items (Jan 2017)

FULL TEXT PROVISIONS

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

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 (u) of this provision.

(a) Definitions. As used in this provision—

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

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

“Civil judgment” means–

(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

Request for Quotation 693JJ318Q000029 Page 12 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–

(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;

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(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:

Request for Quotation 693JJ318Q000029 Page 14

(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;

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(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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

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(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

(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.

Request for Quotation 693JJ318Q000029 Page 18

(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—

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(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, Request for Quotation 693JJ318Q000029 Page 20 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

Request for Quotation 693JJ318Q000029 Page 21 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 “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

Request for Quotation 693JJ318Q000029 Page 22

[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.

Request for Quotation 693JJ318Q000029 Page 23

[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…