Combined_Synopsis_Solicitation_70Z08518QP45496.pdf

Solicitation Number

70Z08518QP45496

HAMILTON

Hanger Door

COMBINED SYNOPSIS/ SOLICITATION NUMBER

USCGC HAMILTON’s

Helicopter Hangar Door System

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

This solicitation number is 70Z08518QP45496 is issued as a request for quotations (RFQ). This solicitation document and incorporated clauses and provisions are those in effect through Federal

Acquisition Circular (FAC) 2005-97, dated January 25, 2018. This requirement is being solicited using FAR Part 12 Acquisition of Commercial Items and FAR 13.5 Simplified Procedures for

Certain Commercial Items. This will be a small business set aside. The North American Industry

Classification System (NAICS) Code is 336611, Ship Building and Repairing, http://www.census.gov/eos/www/naics/.

The contract will be awarded on a firm, fixed-price basis, on an SF-1449. Only one award will be made to the responsive, responsible offeror under this solicitation. To receive an award, the

Contractor must be registered in the System for Award Management (SAM) www.sam.gov.

SCHEDULE OF SUPPLIES/SERVICES See Attachment 1

DESCRIPTION OF THE REQUIREMENT

The contractor shall provide all personnel, labor, materials, parts, tools, test equipment, test fittings, supplies, consumables, equipment and other such things as necessary, except as otherwise specified, to perform the following: Renew the Hanger Door Curtain Assembly components of the Port and Starboard Helo Hangar doors in accordance with Specification

58820_JSP_0817_418, See Attachment 2.

The Coast Guard has determined, consistent with FAR Subpart 13.501(a) (1) (ii)- Justification For

Other Than Full And Open Competition, there is only one source that will satisfy the agency requirement for the OEM parts required for this solicitation. The statutory authority permitting only a Limited Number of Sources, and no other supplies or services will satisfy is10 U.S.C.

2304(c)(1) and (c)(5), and 41 U.S.C. 1901 as implemented as FAR Part 13.5 Simplified

Procedures for Certain Commercial Items. The Original Equipment Manufacturer (OEM) is

Federal Equipment Company. Technical data necessary for the parts required is proprietary to the

OEM. Other Than Full And Open Competition justification is attached as Attachment 3. OEM

CLIN Description QTY U/I Unit Price Total

Renew the Hanger Door Curtain Assembly components of the Port and Starboard Helo Hangar doors in accordance with Specification 58820_JSP_0817_418

1 Job

Schedule of Supplies http://www.census.gov/eos/www/naics/ parts must be used in order to ensure operability and proper warranty of equipment. This justification only pertains to the required parts needed to conduct the repairs. The vendor will be required to provide proof of purchase of OEM parts.

However, other potential sources with the expertise, required capabilities, and access to the necessary OEM technical data and part to provide this service can submit such data discussing the same in duplicate within 2 days from the date of this announcement. This data must include sufficient information to allow the Coast Guard to evaluate the proposal relative to the below requirements. Concerns that respond to this notice must fully demonstrate the capability to accomplish the work in the specification and are to supply pertinent information in sufficient detail to demonstrate a bona fide capability to meet the requirement.

CONTRACT TYPE

This solicitation is a request for quotes (RFQ) that will result in the award of a firm fixed price contract solicited under FAR PART 12 and FAR Subpart 13.5 Simplified Procedures for Certain

Commercial Items, subject to availability of funds.

PERIOD OF PERFORMANCE

Anticipated period of performance is 23 April through 04 May 2018. This is subject to change due to the ships schedule and parts availability. All work under this requirement will be performed onboard CGC JAMES (WMSL 754) at the vessels home moorage in North Charleston, SC.

PLACE OF PERFORMANCE

Cutters homeport. 1050 Register St, North Charleston SC 29405. Vendor will be required to gain access to the base.

QUESTIONS

It is strongly encouraged to submit questions regarding this solicitation by February 5, 2018 at

1:00PM EDT, Attachment 4 Request for Clarification (RFC). After this date further requests may not be accepted due to time constraints. For questions regarding this solicitation, contact

Micha.A.Wisniewski@uscg.mil.

QUOTATION DUE DATE

Quotations must arrive no later than 1:00 p.m. EDT, 20 February, 2018. Quotations may be sent via electronic mail (e-mail) to Micha.A.Wisniewski@uscg.mil and Sarah.E.Thompson2@uscg.mil

An Offeror that fails to meet any due date will be considered "late" in accordance with FAR

52.212-1(f). Follow up emails should be sent by the vendor to ensure proposal was received.

Offerors are advised that some of the drawings, diagrams, and reports that are provided with this solicitation are for information use only. The Coast Guard does not warrant the accuracy of this information. This is the best information available to the Coast Guard and is provided to the offerors to assist them in preparing their competition proposals.

mailto:Micha.A.Wisniewski@uscg.mil mailto:Sarah.E.Thompson2@uscg.mil

FAR CLAUSES INCORPORATED BY REFERENCE

FAR 52.203-12 Limitation on Payments to Influence Certain Federal

Transactions OCT 2010

FAR 52.204-7 System for Award Management APR 2014

FAR 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

FAR 52.204-13 System for Award Management Maintenance JUL 2013

FAR 52.212-1 Instruction to Offerors- Commercial Items

(Addendum below) JAN 2017

FAR 52.212-4 Contract Terms and Conditions- Commercial Items

(Addendum below) JAN 2017

FAR 52.215-20 Requirements for Certified Cost or Pricing Data

Other Than Certified Cost or Pricing Data OCT 2010

FAR 52.232-18 Availability of Funds APR 1984

FAR 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors DEC 2013

FAR 52.242-15 Stop Work Order AUG 1989

FAR 52.242-17 Government Delay of Work APR 1984

FAR 52.245-1 Government Property (APR 2012) , Alternate I APR 2012

FAR 52.246-4 Inspection of Services – Fixed Price AUG 1996

FAR 52.246-16 Responsibility for Supplies APR 1984

FAR 52.249-8 Default APR 1984

HSAR 3052.245-70 Government Property Reports DEC 2003

FAR CLAUSES IN FULL TEXT

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DHS-

USCG DEVIATION 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and

FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of Clause)

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the CPD-C&P2 Section Chief and shall not be binding until so approved.

(End of Clause)

FAR 52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL

2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the

Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central

Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

(End of Provision)

FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA

INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL

ITEMS DESCRIPTIONS (JUN 1988)

a. Orders for U.S. Coast Guard specification reference drawings must be placed within 07 days of the solicitation issue date. To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD-ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and

*.DWF, etc.).

Drawing measurements should be verified by the Contractor prior to ordering materials. The specifications cited in this solicitation may be obtained from: United States Coast Guard, SFLC, C&PD2 LREPL , Micha Wisniewski at Micha.A.Wisniewski@uscg.mil

FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017)

APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE.

(ADDENDUM)

To ensure timely and equitable evaluation of the quotation, vendors must follow the instructions contained herein. The quotation must be complete, self-sufficient and respond directly to the requirements of this solicitation.

All pages in the quote shall be numbered and identified with the quote’s name and RFQ

Number 70Z08518QP45496, HAMILTON HANGER DOOR. Subsequent revisions should be similarly identified to show revision number and date.

Quote Submission Requirements: Submit complete quotes via email to:

Micha.A.Wisniewski@uscg.mil and Sarah.E.Thompson2@uscg.mil

Offerors responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g. on company letterheads, formal quote form, etc.) but must include the following information:

At a minimum, quotes shall be submitted on company letterhead and include the following information: (Maximum of 10MB)

1) Complete mailing and remittance addresses

2) Point of Contact with Telephone Number and Email address

3) Company DUNS

4) Taxpayer ID number

5) Cage Code

6) Discounts for prompt payment, if applicable

7) Attachment 1- Completed Schedule of Supplies & Delivery Schedule

8) Attachment 5- Completed Past Performance Information Form

9) Warranty Information – Terms of Manufacturer’s Warranty

10) List the names of ALL Sub-Contractor’s that your company intends to subcontract for the

CLIN Item(s) listed in the Schedule of Supplies/Services.

11) Completed FAR 52.212-3, Offeror Representations and Certifications -Commercial Items

12) Acknowledgment of Solicitation Amendments, if applicable

EVALUATION FACTORS

1. Technical

2. Price

FACTOR I- TECHNICAL

The Offeror shall provide a clear understanding and certification that their proposed solution complies with the technical requirements as stated in the specification. In each case, the following areas shall be addressed:

Factor 1: Technical Capability of the item(s) offered to meet the Government requirement.

Offeror shall be the OEM or provide documentation of the ability to obtain the OEM parts required to conduct the repairs, as per the specification;

Warranty information- The offeror shall provide their warranty terms and conditions for the part and the service.

Conformation Statement- confirming they shall conform to the specification.

Factor 2: Past Performance- The offeror shall identify at least two (2) but no more than four (4) recent and relevant federal, state or local government or private contracts performed during the last three (3) years with similar scope and size when compared to this project that demonstrated successful experience providing the items listed in Attachment 1 and meeting the requirements of

Attachment 2. Offerors are authorized to provide information on problems encountered on the identified contracts and the offerors corrective actions. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror past performance. Offeror shall submit past performance information on Attachment 5- Past

Performance Information Form.

FACTOR II- PRICE

Complete Attachment 1 with prices for Contract Line Item Number (CLIN). The offeror's Price quotations will be evaluated by CLIN level and the offerors with the lowest overall Price will be ranked accordingly. The Quote should include any quantity discounts offered by the offeror.

The Offeror must also submit the following detailed information to support the pricing offer if requested, in addition to completing Schedule B of the solicitation.

Offerors may use their own format for the information required below but it must be easily read and comprehended and identified by individual work item (eg. D-01, D-02):

1. Breakdown for each work item:

(a) Direct labor cost by labor hours and proposed hourly rate(s);

(b) Materials; Subcontracts; Equipment; Other Direct Costs; and Profit, if listed separately -- individually identifying any items which are $500 or greater.

2. Provide a listing by subcontractor with the following information:

(a) Identification of each proposed subcontractor (name, address, phone number) and his small business status.

(b) A brief description of the service or supply, by work item, to be furnished and the proposed price for each.

(c) An explanation of why and how the proposed subcontractor was selected including the extent of competition obtained.

Email submission shall not exceed 10 MBS.

QUOTE EXPIRATION DATE: All quotes submitted in response to this solicitation shall be valid for 120 calendar days from the date specified for the receipt of quotes.

(End of Provision)

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) (ADDENDUM)

(a) The Government will award a single contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation will be most advantageous to the

Government, price and other factors considered.

(b) This acquisition will utilize the Lowest Priced Technically Acceptable (LPTA) procedure to make a best value award(s). A decision on the technical acceptability of each offeror’s quotes will be made. For the offerors which are determined to be technically acceptable, an award will be made to the vendor with the lowest overall price. The Government intends to make award based on the initial quotations. If further questions are required, the contracting officer may contact the offeror. Award will be made to the responsible offeror whose quotation conforms to all solicitation requirements, such as terms and conditions, representations and certifications, technical requirements, and also provides the best value to the Government based on the results of the evaluation described in the below paragraph.

The following factors shall be used to evaluate offers:

Factor I – Technical

Factor II– Price

Technical has two factors that are equally important when compared to each other. Technical is significantly more important than price.

FACTOR I- TECHNICAL

Each offeror’s technical quote will be evaluated to determine if the offeror provides a sound, compliant approach that meets the requirements and demonstrates a thorough knowledge and understanding of those requirements.

An evaluation rating of Technically Acceptable / Non-Acceptable will be assigned upon completion of the technical quote evaluation. If an Offeror receives a technical rating of “Non-

Acceptable” they will not be considered for award.

RATING SYSTEM FOR TECHNICAL EVALUATION FACTORS

Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation, as evidenced by all of the following: 1) offeror is OEM OR provided documentation of the ability to obtain the OEM parts required to conduct the repairs, as per the specification; 2) warranty terms and conditions provided; 3) conformation statement provided; and 4) recent and relevant past performance demonstrating the offeror’s ability to successfully perform the required effort OR no past performance history exists OR the

Contracting Officer has determined that the past performance information is not directly related or similar to the requirements in the RFQ.

Non-Acceptable Quote fails to meet requirements of the solicitation in any way to include any one or more of the following: 1) if other than OEM, the absence of documentation of the ability to obtain OEM parts required to conduct the repairs as per the specification; 2) failure to provide warranty terms and conditions; 3) failure to provide conformation statement; and 4) past performance that provides substantial doubt that the offeror will successfully perform the required effort.

The Government will evaluate Factor 1: Technical Capability of the item(s) offered to meet the

Government requirement and determine whether the quote is acceptable or unacceptable. To be found technically acceptable under factor 1, an offeror must include all of the following in its

Technical Proposal:

If other than OEM, the offeror shall provide documentation of the ability to obtain the

OEM parts required to conduct the repairs, as per the specification

Offeror shall provide their warranty terms and conditions.

Offeror shall provide their conformation statement.

The Government will evaluate Factor 2: Technical Capability of the item(s) offered to meet the

Government requirement and determine whether the quote is acceptable or unacceptable. To be found technically acceptable under factor 2, an offeror must include all of the following in its

Technical Proposal:

Offeror shall provide Attachment 5, Past Performance or a letter stating they have no past performance to provide which meets the requirements of recently and/or relevant.

The past performance evaluation will take into account the guidelines outlined at FAR

15.305(a)(2) Past Performance Evaluation. Each past performance report will be given a Past

Performance Quality Rating and a Past Performance Relevancy Rating using the two tables listed below and will be determine whether the quote is acceptable or unacceptable.

The Contractor’s past performance quality will be evaluated according to the following:

Past Performance Quality Ratings

Rating Description

Exceptional Performance met contractual requirements and exceeded many to the

Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

Very Good Performance meets contractual requirements and exceeds some to the

Government's benefit. The element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were effective.

Satisfactory Performance meets contractual requirements. The element being assessed contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory

Marginal Performance does not meet some contractual requirements. The element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions

Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The element being assessed contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

Neutral The offeror has no past performance history OR the Contracting Officer has determined that the past performance information provided is not directly related or similar to the requirements in the RFP.

In evaluating Contractors past performance, the government intends to also review U.S. Coast

Guard Contractor Performance Assessment Reports and other existing past performance ratings on relevant contracts. For purposes of this solicitation, “relevant contracts” are defined as contracts with similar scopes, performing repair and alteration of hanger doors performed in the three years preceding the date of this solicitation in which the contractor was the prime contractor.

Past performance ratings for contracts that were completed more than three years before the date of the issuance of this solicitation are not considered relevant and will not be evaluated. Contracts will be evaluated using the Past Performance Relevancy Ratings table listed below. Trends in a

Contractor’s performance will also be considered. Vendors lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance, but will be assigned a

Neutral rating.

Past Performance Relevancy Ratings

Rating Definition

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat

Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

FACTOR II –PRICE

The price shall represent the best price in response to the request for quote. The price shall be evaluated to determine fairness and reasonableness. The CLIN (Attachment I Schedule of

Service) shall be firm fixed-price.

The Government intends to evaluate quotations and award a contract without discussions.

Therefore, the initial quotation should contain the vendor’s best terms from a cost standpoint and all other factors being considered.

If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government-obtained information, additional information in accordance with FAR 15.4 may be required to support the proposed price. The Government intends to evaluate quotations and award a contract without discussions. Therefore, the initial quotation should contain the vendor’s best terms from a cost standpoint and all other factors being considered. The Government reserves the right to seek information clarifying any element of a quotation prior to award without discussions. The Government reserves the right to conduct discussions if the Contracting Officer later determines it necessary.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

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

QUOTE EXPIRATION DATE: All quotes submitted in response to this solicitation shall be valid for 120 calendar days from the date specified for the receipt of quotes.

FAR 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 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 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 https://www.sam.gov/portal https://www.acquisition.gov/sites/default/files/current/far/html/www.dol.gov/fairpayandsafeworkplaces 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;

(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.

http://uscode.house.gov/

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(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;

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of

2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of

2007) conducting the business can demonstrate—

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets

Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

or

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern—

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

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

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

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

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

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

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

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2);

and

(2) The management and daily business operations of which are controlled (as defined at

13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

“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.

(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.

http://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html#wp1073667

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—

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

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

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

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB

Program in (c)(6) of this provision.] The offeror represents that—

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the

WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

EDWOSB concern and other small businesses that are participating in the joint venture:

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

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

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

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

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

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the

Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with

13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13

CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each

HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the

HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the

Equal Opportunity clause of this solicitation; and

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

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

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

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

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