ABL-17162_PWS_Charter_RFQ.pdf

OMB Approval No. 9000-0009

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

This RFQ [X ] is [ ] is not a Small Business Set-Aside Page

Of Pages

1. REQUEST NO.

ABL-17162

2. DATE

ISSUED

7/21/17

3. REQUISITION/PURCHASE REQUEST

NO.

NFFS7400-17-03074

4. CERT. FOR NAT.

DEF. UNDER BDSA

REG. 2 AND/OR DMS

REG.1

RATING

5a. ISSUED BY: U.S. DEPT. OF COMMERCE, NOAA, NMFS, AUKE BAY LABORATORIES

17109 PT LENA LOOP RD, JUNEAU, AK 99801

6. DELIVER BY (Date) 09/30/2018

5b. FOR INFORMATION CALL (NO COLLECT CALLS

7. DELIVERY

NAME TELEPHONE NUMBER [X ] FOB DESTINATION [ ] OTHER (see schedule)

SUZANNE JOHNSTON

SUZANNE.JOHNSTON@NOAA.GOV

AREA CODE

NUMBER

789-6061

9. DESTINATION

a. NAME OF CONSIGNEE USDOC/NOAA

NOAA FISHERIES, AUKE BAY

LABORATORIES

8. TO:

a. NAME

b. COMPANY

b. STREET ADDRESS

17109 PT. LENA LOOP ROAD

c. STREET ADDRESS

c. CITY

JUNEAU

d. CITY

e. STATE

f. ZIP CODE d. STATE

AK

e. ZIP CODE 99801

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE

5 PM, ALASKA TIME,

Aug 5, 2017

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services.

Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local Taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Prince William Sound Forage Fish Survey per the attached statement of work. Price to include all costs associated with chartering the vessel.

AWARD BASIS: Best Value, considering Vessel, Crew & Price

Days

12. DISCOUNT FOR PROMPT

PAYMENT

a. 10 CALENDAR DAYS %

b. 20

CALENDAR

DAYS %

c. 30 CALENDAR

DAYS %

d. CALENDAR DAYS

NUMBER

PERCENTA

GE

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

16. SIGNER

b. STREET ADDRESS

a. NAME (type or print) b. TELEPHONE

c. CITY, STATE, ZIP

AREA CODE

c. TITLE (type or print)

QUOTED BY:_____________________ DATE_____________________________

COMPANY NAME:_________________________ email ADDRESS:_______________

PHONE:__________________________ SMALL BUSINESS?___________________

FAX:_____________________________ TAX ID NUMBER:____________________

ADDRESS:___________________________________________________________

DUNS no._______________________________CAGE CODE (CCR):____________

North American Industry Classification System (NAICS) Code & Small Business Size Standard:

483112 Ship Chartering, Passenger Transport, Deep Sea 500 Employees

EMAIL QUOTE TO SUZANNE JOHNSTON AT SUZANNE.JOHNSTON@NOAA.GOV

Award will only be issued to Vendors/Contractors who:

Are registered and active in SAM (System for Award

Management) at https://www.sam.gov/portal/public/SAM/

STATEMENT OF WORK

Prince William Sound forage fish/predator survey

BACKGROUND

Humpback whale predation has been identified as a significant source of mortality on wintering Pacific herring in Prince William Sound (EVOSTC project PJ090804). At current herring and whale population levels the mortality of pre-spawning herring during the fall and winter months is equivalent to the percentage of herring removed during the final years of the commercial herring fishery. Hence, top down forces (predation and disease) are the likely dominating forces constraining the current recovery. The inside waters of Montague Island have high densities of marine mammals and sea birds, yet it has proven difficult to identify prey species in this area. We will identify and quantify whale and seabird prey, and evaluate the oceanographic conditions concentrate fish predators.

OBJECTIVES

To quantify fall forage fish distribution, species composition, and density in random transects vs.

humpback whale foraging area transects in Prince William Sound, Alaska.

To access juvenile pollock body condition during the winter months.

SCOPE OF WORK

The work specifically consists of locating schools of forage fish associated with humpback whale, using sonar, and fishing on those schools to collect samples. Sampled fish will be measured and weighed, and a portion of those will be frozen for future chemical analysis. Water samples will also be collected. The contractor will provide the vessel platform, and the government will provide scientific staff and equipment.

We will use a 38-120 kHz SIMRAD EK60 echosounder to estimate prey depth distribution and density.

Prey composition will be evaluated using a mid-water trawl in deep water, or other means of sampling such as video, jig, cast net or dipnet in shallower water. We will compare mean depth of acoustic backscatter (NASC) and mean density (fish m-2) by species between random transects and transects sampled near feeding whales.

SPECIFIC TASKS

The contractor will provide a vessel for transportation to survey sites, assist in locating schools of forage fish using sonar, sampling prey, and deploy and retrieve other sampling devices such as plankton nets and water quality data loggers. Additionally, the contractor will provide food and berthing logistics to scientific field party (4), and general support logistics for research operations.

Three well balanced meals, snacks, and galley cleanup will be provided by the contractor. Work generally will be conducted during a 12-hour working day.

A. VESSEL REQUIREMENTS

a. The vessel have the capability to install a split drum winch for trawling and the ability to mount trawl doors of approximately 200 lbs (42”x20”). The trawl net is expected to have an opening of 45 feet by 35feet and be 75 feet long. Hydraulic lines and mounting pad to install a trawl winch system. Ability to mount and guide the trawl doors. Able to tow a mid-water trawl at a minimum of 2 knots. A means to deploy and tow an acoustic sled along the side of the vessel is required. Space and power on the bridge for a laptop computer is needed.

b. Dry storage area of at least 15 ft3 in the main house for holding scientific supplies is required.

c. A minimum of 5 ft3 of freezer storage exclusive of space for ship's stores for stowing scientific samples is required.

d. Potable fresh water supply adequate for vessel and personal use for the crew and 4 scientists for trip duration is required.

e. Clean and sanitary overnight accommodations for crew and 4 scientists are required.

f. Work spaces, berthing, and galley spaces shall be adequately ventilated and free from tobacco smoke.

g. In an effort to reduce marine debris pollution, the Captain shall comply with waste management regulations as described in Section V of MARPOL. The vessel shall be required to have a storage facility, with or without a trash compactor to retain all refuse (except food and paper materials) or a means to incinerate this refuse so that it is not disposed of at sea.

h. 2 sets of VHF radios are required.

i. Radar with a minimum range of 39 km (24 miles) is required.

j. Depth sounders: Color scope unit operating in the 38-50 kHz and 150-200 kHz range.

k. A system for switching to battery power for radio operation in the event of interruption of the normal power supply is required.

l. Certificate of documentation.

m. Certificate of inspection (vessel safety examination decal or USCG letter of inspection).

n. Survival suits for all scientific personnel.

o. A hydraulic block capable of retrieving CTDs and plankton nets.

p. A boom to capable towing an acoustic fin.

q. Category I 406 MHZ EPIRB (Emergency Position Indicating Radio Beacon) must be affixed to the exterior of the vessel in a manner approved by the U.S. Coast Guard.

B. CREW REQUIREMENTS

a. The minimum crew shall consist of a Captain and adequate crew for safe operations.

b. The Captain shall have a minimum of 5 years of experience as a captain in Prince William Sound.

c. The Captain shall be competent in the use of modern navigation and fish detecting equipment.

d. The Captain shall have experience using small trawls

C. SCIENTIFIC PERSONNEL

a. The Government field party shall consist of 4 scientists.

b. One Government employee will be responsible for compliance with the charter terms, and the conduct and performance of Government personnel aboard the vessel.

D. OPERATING PROCEDURES

a. The Contractor shall provide three (3) nutritionally balanced meals and snacks each charter day.

b. The Government employees and vessel Captain will work together to resolve all problems which occur regarding the charter. In the event the government employees and Captain are unable to resolve any problem which could threaten the safety of the field party, the Government employees will return to port where an acceptable solution will be arranged.

c. The Captain and crew shall exercise due caution and follow safety procedures to help prevent damage or loss of Government gear and equipment. Specific safety procedures may be presented in writing to the Captain by the Government employee. Repair or replacement costs may be deducted from charter payments if loss or damage to Government equipment is the result of negligent disregard of such instructions and procedures.

d. The Contractor shall provide for all operating expenses of the vessel exclusive of communications costs such as use of cellular phones costs to conduct official business which will be reimbursable.

E. SAFETY

a. The vessel Captain is responsible for all matters relating to safety of personnel, the vessel, and equipment operation. The Captain will adhere at all times to Navigational Rules and Rules of the Road whether it be while fishing, running, drifting, or when at anchor. He/she shall review safety procedures and equipment with the scientific party at the beginning of each cruise leg.

b. The Government will provide U.S. Coast Guard-approved Arctic-type survival suits for all scientific personnel. The contractor shall provide survival suits for vessel crew.

Adequate dry, top-side storage for all survival suits shall be provided.

c. The contractor will provide a first-aid kit.

d. All personnel working or being transported in a skiff shall wear a Coast Guard-approved life jacket, float coat, or survival suit.

F. GOVERNMENT-PROVIDED EQUIPMENT AND SUPPLIES

a. All scientific sampling equipment and supplies.

G. CONTRACTOR-PROVIDED

a. The contractor shall purchase fuel.

b. Bids should include the daily rate including fuel costs.

H. POST-AWARD AND POST-SURVEY MEETINGS

a. Upon award of contract and prior to the start of the charter, a post-award meeting will be held to discuss issues relating to the charter and survey. The date and time of the meeting will be scheduled upon award of the contract. The contractor may attend by telephone conference.

b. After completion of the survey, a post-survey debriefing will be held. The purpose of the debriefing is to provide the charter operator an evaluation of the performance of the vessel and crew during the charter. The meeting will be scheduled upon completion of the survey. The contractor may attend by telephone conference.

I. DESIRED BUT NOT ESSENTIAL SPECIFICATIONS

a. A crew-member with certified first aid or EMT (emergency medical technician) training.

b. A Stability Letter from the vessel's Stability Report, certified by a licensed naval architect/marine engineer, which describes the vessel's stability characteristics.

c. At least one crew member with formal survival and firefighting training equivalent to that offered by the North Pacific Fishing Vessel Owner’s Association is desirable.

DELIVERABLES

Successful completion of survey (weather permitting) measured by a completed survey for the requested number of days outlined below in Period and Place of Performance. The contractor will provide a vessel as a platform for scientists to complete the task listed above within Prince William Sound. The vessel shall accommodate 4 scientists. Work space for sample analysis and freezer capacity to temporarily preserve samples is required.

PERIOD & PLACE OF PERFORMANCE

The period of performance is outlined in the table below, exact dates of the survey will be determined during the post award meeting. Work generally will be conducted during a 12-hour working day. The place of performance will be in Prince William Sound departing from/returning to Cordova, AK.

Survey # # Days Date 1 10 September 2017 2 6 Nov/Dec 2017 3 6 March 2018 4 10 September 2018

GENERAL CONDITIONS

A. PERFORMANCE OF WORK

a. The Government’s representative (COR or Chief Scientist), under whose technical guidance the work will be performed, shall be consulted as to the manner of starting and performing the work so as to assure the use of approved techniques and materials.

b. The work shall be carried on in such a manner that there will be maximum coordination between the Contractor and the Government COR or Chief Scientist.

c. Payment shall be paid per day of services received. Contractor shall invoice for days at the end of each survey. A proposal should include the daily rate including fuel costs.

B. WORKMANSHIP

a. The work involved in this contract must be performed accurately, on a timely basis, and with established guidelines followed closely.

GOVERNMENT RESPONSIBILITY

A government technical lead shall be available during normal working hours to provide guidance to the Contractor in performance of the contract tasks. Written manuals of standard operating procedures are available for many, but not all tasks, and are available for inspection by the Contractor. The COR or Chief Scientist shall regularly inspect the work of the Contractor, during performance and after completion, to ensure that acceptable procedures and standards of workmanship are being adhered to.

GENERAL REQUIREMENTS

Promptly after award of the contract, the contractor shall designate a project manager responsible for coordination and executing the contract, and to serve as liaison between the contractor and the NOAA representative for all work required under this contract.

IT REQUIREMENTS

This order will not require assignment of a permanent user account, access to DOC data or systems. This contractor will not have access to and will not use any Government hardware, application software, system software, or sensitive data. This service will be performed off-site and there are no related IT requirements.

INSURANCE COVERAGE

The contractor will be responsible for providing their own workman’s compensation and health insurance.

The government will not be responsible for providing insurance. The contractor must show proof of workman’s compensation insurance if requested by either the COR or Contracting Officer. If the contractor will be performing work on a vessel or in a field camp, the government takes no responsibility in event of injury if the contractor has not obtained workman’s compensation insurance.

COR Designation

The Government’s COR will be Cara Rodgveller who will inspect and accept services rendered in this contract on behalf of the Government. In the event that Ms. Rodgveller is not available, Karson Coutré, Chief Scientist, will be the technical point of contact for questions and clarifications. The responsibilities and limitations of the COR are as follows:

The COR, or in their absence the Chief Scientist, is responsible for the technical aspects of the project and technical liaison with the Contractor. The COR is also responsible for the final acceptance of all reports, and such other responsibilities as may be specified in this contract The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes, which affect the contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the prior authorization of the Contracting Officer. The COR may designate an assistant COR to act for her by naming such assistant in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

Invoicing

In compliance with the Prompt Payment Act, the Financial Management Division will pay an invoice in accordance with the terms set forth in the contracts with vendors if a "proper invoice" is received. A "proper invoice" has:

1. Name of the vendor and an invoice date

2. Purchase order number

3. Description, price and quantity of property and services actually delivered or rendered

4. Payment terms are “Net 30”.

5. Name, title, phone number, and complete mailing address of the responsible official to whom payment is to be made

Invoices are to be submitted to: DOC/NOAA/NMFS Auke Bay Laboratories Ted Stevens Marine Research Institute 17109 Point Lena Loop Rd Juneau, AK 99801

Or abl.invoice@noaa.gov

Payment Terms

Payment terms, per Prompt Payment Act, is Net 30 days unless otherwise awarded based on response that provides further discounts. The Government will make best efforts to pay Contractors within 15 days of receipt and acceptance of service and invoice. Do not expect earlier payment, without Discount terms. Partial Invoices will be accepted for services rendered, invoice should be based on percentage of job completion.

Federal, State, and Local Taxes

Except as may be otherwise provided in this contract price includes all applicable federal, state, and local taxes and duties in effect on the date of this contract but does not include any taxes from which the Government the Contractor or this transaction is exempt. Upon request of the contractor, the Government shall furnish a tax exemption certificate or similar evidence of exemption with respect to any such tax not included in the contract price pursuant to this clause. For the purpose of this clause, the term "date of this contract" means the date of the contractor's quotation or, if no quotation, the date of this Purchase orders.

Suspension of Work

In the case of a Government Wide Shutdown, this contract/order may be subject to a stop-work order. A stop-work order may be issued by writing by the Contracting Officer or Government Official. In accordance with FAR 42.13 – Suspension of Work, Stop-Work Orders, and Government Delay of Work is also made a part of this Acquisition. NOAA will not make payments to contractors for products or services not obligated before the funding lapse.

If a contract or order has been issued and funded and productive work is possible then Contractor may continue to operate under your Contract during Laps. However, depending on the duration of a funding lapse, the absence of available Federal employee oversight may lead an agency to reconsider whether the contract or grant activity should continue to be performed. Federal employees will not be available to make timely payments to the contractor or grantee in accordance with the contract.

Award Criteria

The contract will be awarded based best value evaluation, considering the following factors:

Vessel Requirement Crew Requirements Price

Technical Factors (Vessel, Crew, and Non-Essential Specs), when combined, are significantly more important than price.

SUBMISSION OF QUOTES

A response to this Request for Quote shall consist of the following:

Completed Standard Form 18 (page 1 & 2) – with pricing and signature.

Written/Detailed responses to each of the evaluated items listed above (vessel requirements, availability during preferred dates, crew requirements, non-essential specifications and pricce).

Verification that the vendor is registered in SAM and has completed the On-Line Representations and Certifications or has otherwise completed FAR 52.212-3 Representations and Certifications.

Supporting documentation including photos, certifications, and schematics may help support requirements.

An incomplete response to the requirements or incompletion of the required attachments may result in a non-responsive bid.

PROVISIONS

52.212-1 Instructions to Offerors – Commercial Items (BR) Instructions are found within the Statement of Work

52.204-7 System for Award Management (Oct 2016)

52.217-8 Option to Extend Services (NOV 1999)

52.252-5 Authorized Deviations in Provisions (Apr 1984)(FT)

CAR 1352.233-70 Agency Protests (Apr 2010)(FT) CAR 1352.233-71 GAO and Court of Federal Claims Protests (Apr 2010)(BR)

52.212-2 Evaluation—Commercial Items (Oct 2014)

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

Past performance to include experience working in remote Alaska locations, Technical specifications to include system maintenance requirements after installation, and price.

Technical and past performance, when combined, are significantly more important than price.

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

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

(End of provision)

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 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.

“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;

(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.

“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.

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. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American— Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements–Israeli Trade Act.”

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

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

Line Item No. Country of Origin

[List as necessary]

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

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following…