Sol_AG-4740-S-17-0222.pdf

Cotton and Tobacco Programs 3275 Appling Road, Room 1

Memphis, TN 38133

August 11, 2017

Dear Prospective Offeror:

The United States Department of Agriculture (USDA), Agricultural Marketing Service (AMS), Cotton and Tobacco Programs (C&T) has a requirement for cotton sample hauling services for

Visalia, California. This route is for Central Arizona. The route map is attached to the RFP.

This Request for Proposal (RFP) is being issued in accordance with Part 12 of the Federal

Acquisition Regulations. This is a 100% Small Business Set-Aside using NAICS code 484220 with a small business size standard is $21.5 million. The contract type is a firm fixed price contract with economic price adjustment. Please note the following:

Offeror’s must be registered in the System for Award Management (SAM) for the Federal

Government (www.sam.gov). SAM is free to register.

The payment terms for this requirement are NET 30 DAYS. Offeror’s must be fully insured as required in the contract specifications.

Offeror shall furnish all necessary labor for loading sacks of cotton samples at pick-up points as designated in the contract specifications. Offeror shall furnish all necessary labor for unloading sacks of cotton samples at the designated delivery point.

Please note: The offeror will be required to pick up sacks daily from the following gins:

Olam Cotton - Valencia Gin

25500 W. Southern Ave. Buckeye, AZ 85326

The Farmers Gin

8400 S. Turner Rd. Buckeye, AZ 85326

Paloma Gin Properties

57525 S. Potatoe Road Gila Bend, AZ 85337

Olam Cotton - Sunshine Gin

1420 E. Salazar Rd. Eloy, AZ 85131

Delta & Pine Land Company

15790 S. Highway 87 Eloy, AZ 85131

Eleven Mile Corner Gin

387 W. Highway 287 Casa Grande, AZ 85122

Chandler Ginning Company

5878 N. Eleven Mile Corner Rd. Casa Grande, AZ 85194

River Cooperative Gin

9142 N. Skousen Rd. Coolidge, AZ 85128 http://www.sam.gov/

Olam Cotton - Yellow Gin

27380 W. Highway 84 Casa Grande, AZ 85172

Pinals Gin

33601 W. Barnes Rd. Stanfield, AZ 85172

The offeror will be required to deliver the sacks that are picked up daily to the Visalia classing office every other day. On the trip/route to drop the sacks off in Visalia, the offeror will stop at the Modern Ginning Company and pick up their cotton sample sacks and deliver all sacks to Visalia.

Attached is the RFP. The due date for proposals is September 6, 2017 at 2:00 pm Eastern Time.

Please review the RFP in its entirety.

If you have questions regarding the RFP, please submit them to me in writing. My e-mail address is BeverlyS.Brown@ams.usda.gov. The fax number is 901-384-3033.

Sincerely, Beverly Brown

Attachments mailto:BeverlyS.Brown@ams.usda.gov

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF 48

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AG-4740-S-17-0222 08/17/2017

7. FOR SOLICITATION

INFORMATION

CONTACT:

a. NAME

Beverly Brown

b. TELEPHONE NUMBER (no collect calls)

901-384-3000

8. OFFER DUE DATE/

LOCAL TIME

09/06/2017

2:00 pm eastern

9. ISSUED BY CODE 6395 10. THIS ACQUISITION IS

USDA, AMS, Cotton and Tobacco Programs

100 Riverside Parkway

Suite 100

Fredericksburg, VA 22406

UNRESTRICTED OR SET-ASIDE FOR:

SMALL BUSINESS EMERGING SMALL

BUSINESS

HUBZONE SMALL 8(A)

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

NAICS: 484220

SIZE

STANDARD:

$21.5 million

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

See Schedule

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

USDA, AMS, Cotton & Tobacco Programs

Visalia Classing Office

7100 W. Sunnyview Ave.

Visalia, CA 93291

See Block 9

17a. CONTRACTOR/OFFEROR CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

USDA, Office of Finance and Management

National Finance Center

PO Box 60075

New Orleans, LA 70160

TELEPHONE NO.

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

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

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

01A

BASE YEAR: July 1, 2017 through June 30, 2018

Sample Hauling Services – Central Arizona Route

Daily Pickup for 10 Gins listed in attachment

BASE YEAR: GAS Price

TOTAL PRICE PER BAG for BASE YEAR

(Line 01 + Line 01A)

10,660

Estimated

BG

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

ADDENDA ARE ARE NOT ATTACHED.

ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1__ COPY TO ISSUING

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

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

CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. OFFER DATED. YOUR OFFER ON SOLICITATION (BLOCK

5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

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

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

II. SF1449 CONTINUATION:

Schedule of Items Continuation

Item Estimated Unit

No. Schedule of Supplies/Services Quantities Unit Price Amount

02 BASE YEAR: July 1, 2017 through June 30, 2018 60 TRIPS

Price to transport the daily sacks to Visalia, CA including a stop at Modern Ginning Company to pick up additional sacks

(Estimated sacks for Modern Ginning is 1500 per season)

03 OPTION YEAR I: July 1, 2018 through June 30, 2019 10,660 BG

03A OPTION YEAR I: GAS Price 10,660 BG

TOTAL PRICE PER BAG for OPTION YEAR I 10,660 BG

Line 03 + Line 03A)

04 OPTION YEAR I: July 1, 2018 through June 30, 2019 60 TRIPS

Price to transport the daily sacks to Visalia, CA including

05 OPTION YEAR II: July 1, 2019 through June 30, 2020 10,660 BG

05A OPTION YEAR II: GAS Price 10,660 BG

TOTAL PRICE PER BAG for OPTION YEAR II 10,660 BG

Line 05 + Line 05A)

06 OPTION YEAR II: July 1, 2019 through June 30, 2020 60 TRIPS

Price to transport the daily sacks to Visalia, CA including

07 OPTION YEAR III: July 1, 2020 through June 30, 2021 10,660 BG

07A OPTION YEAR III: GAS Price 10,660 BG

TOTAL PRICE PER BAG for OPTION YEAR III 10,660 BG

Line 07 + Line 07A)

08 OPTION YEAR III: July 1, 2020 through June 30, 2021 60 TRIPS

Price to transport the daily sacks to Visalia, CA including

09 OPTION YEAR IV: July 1, 2021 through June 30, 2022 10,660 BG

09A OPTION YEAR IV: GAS Price 10,660 BG

TOTAL PRICE PER BAG for OPTION YEAR IV 10,660 BG

Line 09 + Line 09A)

10 OPTION YEAR IV: July 1, 2021 through June 30, 2022 60 TRIPS

Price to transport the daily sacks to Visalia, CA including

Offeror Notes:

A. This will be a firm-fixed price contract with economic price adjustment indefinite delivery indefinite quantity

(IDIQ) contract for sample hauling services.

B. Because the price of fuel is so volatile, the USDA is asking that the price per bag be broken down into two separate line items so that an economic price adjustment for fuel can be made in Option Years I through IV. The first line item is for the cost per bag excluding that portion that may be attributed to fuel/gas. The second line item is the price for fuel/gas that contributes to the overall cost per bag. The offeror’s proposal must include the type of fuel used (i.e., diesel, regular unleaded, etc.) and the current price per gallon for fuel that was used to establish the

GAS PRICE for the second line item. This price must be shown for the Base Year and Option Year I through

III. AN ECONOMIC PRICE ADJUSTMENT FOR FUEL WILL ONLY BE GIVEN FOR OPTION YEARS I

THROUGH III.

BASE Year Fuel Price: _________ Type of Fuel:_______________

Option Year I Fuel Price:____________ Type of Fuel:_______________

Option Year II Fuel Price:_____________ Type of Fuel:_______________

Option Year III Fuel Price:_____________ Type of Fuel:_______________

Option Year IV Fuel Price:_____________ Type of Fuel:_______________

C. The USDA will use data from the Department of Energy website, http://tonto.eia.doe.gov/dnav/pet/pet_pri_gnd_dcus_nus_w.htm, to determine the average weekly price of fuel for the sample hauling route, as of June 1. USDA will then negotiate an increase in fuel if the average fuel price has increased more than the price stated above for Option Years I through III.

For example, Option Year I gas price was based on $4.25 per gallon for diesel fuel. The DOE website shows that the weekly price for gas as of June 1 is $4.35 per gallon. USDA will negotiate and adjustment for the

GAS Price because of the increase in fuel prices.

D. ESTIMATED QUANTITIES

As it is impossible to determine the exact quantities that will be required during the contract term, each bidder whose bid is accepted will be required to deliver all services that may be ordered during the contract term. The fact that quantities are estimated shall not relieve the contractor from filling all orders placed under this contract to the extent of his/ her obligation. Because the quantities are estimated and there is no way to predict the cotton crop from season to season, an upward/downward price adjustment for cost per bag may be needed for Option Years I through III. Either party (Government or Contractor) may request a price evaluation if the change in quantities is equivalent to or exceeds 20% of the estimated quantities.

SPECIFICATIONS FOR COTTON SAMPLE HAULING SERVICES

VISALIA COTTON CLASSING OFFICE

CENTRAL ARIZONA ROUTE

C.1 BACKGROUND:

Agricultural Marketing Service (AMS), Cotton and Tobacco Program (CTP), Grading Division (GD), supports the orderly and efficient marketing of U.S. cotton, domestically and internationally, by providing unbiased classification, standardization, market news and oversight of the research and promotion programs.

The USDA, AMS, CTP operates High Volume Instruments (HVI) to electronically classify cotton samples (each approximately 8 ounces) that are taken from full bales (500 pounds) at gin locations and transported to designated testing laboratories operated by the CTP.

Under current testing procedures an individual places samples in designated locations on the HVI to test fiber length, strength, uniformity, micronaire, color and trash content. These instruments are solely relied upon by

USDA and the domestic and international cotton industries to provide accurate and timely classification data for the marketing stream. The resulting data is transmitted in real time, as samples are tested, to mainframe computers and made available to owners or agents of the cotton all over the world. CTP is considered the world’s leader in

HVI testing and tests virtually every bale of cotton grown in the U.S. each year (approximately 15-18 million samples on average in a typical year) so speed, accuracy and efficiency are key components of the CTP operation in each of its ten testing locations across the Cotton Belt (cotton producing states across the United States).

C.2 SCOPE:

The government requires contractor services for the transporting of sacks of cotton samples from gins and warehouses at points shown in the attached specifications/maps to the U. S. Department of Agriculture, Agricultural Marketing Service, Cotton and Tobacco Program (CTP), Visalia Classing Office, 7100 W.

Sunnyview Ave Visalia, CA 93291. The contractor shall furnish all necessary labor, tools, truck(s) and equipment in accordance with these specifications, general provisions, and all other conditions of this Request for Proposal necessary for transporting of sacks of cotton samples.

C.3 TASKS:

The Contractor is responsible for completing the tasks described below.

C.3.1 PICK-UP AND DELIVERY POINTS:

Contractor shall furnish all necessary labor for loading sacks of cotton samples at pick-up points. Sacks of cotton samples will be picked up from warehouses and/or gins in the Central Arizona territory of the Visalia Classing

Office as listed on the route map attached to this specification.

Contractor shall furnish all necessary labor for unloading/transferring sacks of cotton samples at delivery point(s).

The sacks of cotton samples will be delivered to the Visalia Classing Office, Visalia, CA or to a storage facility designated by the Area Director. The contractor shall provide all labor for the unloading of sacks as determined by the Area Director.

C.3.2 COTTON SAMPLE SACKS:

The size of the sacks will be approximately 29" by 42". Most sacks will weigh between 20 and 50 pounds when completely filled with cotton samples. The CTP requires licensed sampling agents to place samples in the sacks as tightly as possible in order to maintain sample identity and integrity. Therefore the number of samples within the sacks can vary considerably by pick-up point due to sample size and techniques utilized to roll samples in the sacks. All hauling services for sacks will be at the direction of the local point of contact, Greg Townsend in the

Visalia Classing Office under the direction of the Contracting Officer’s Representative (COR).

C.3.3 RETURN COTTON SAMPLE SACKS:

The contractor may be required to return bundles of empty cotton sample sacks to sampling agents. The empty sacks will be rolled and/or sacked. If the contractor is required to return bundles of empty sacks, the contractor will be paid for each bundle at the same rate as the accepted quotation price. Initial delivery and much of the re-supply of sacks to sampling agents will be handled by Classing Office personnel on their visits to sampling agents.

C.3.4 VERIFICATION OF NUMBER OF SACKS PICKED UP & DELIVERED

A form to be used for the verification of the number of sacks of cotton samples picked up and delivered to the

Visalia Classing Office or storage facility will be furnished to the contractor by the Area Director prior to commencement of this contract. Complete instructions for completing the form will be furnished to the contractor and one copy of each completed form must be attached to the contractor's monthly invoice when submitted for payment.

C.4 PERIOD OF PERFORMANCE:

Sample hauling services are required for the cotton harvest seasons. This time period could vary depending on the location of the services and the duration of the cotton harvest. Based on prior years, the season usually starts on or about October 1 and ends on or about March 1. However, services will be ordered as needed, and the equipment must be available at any time during the cotton harvest season.

C.4.1 CONTRACTOR NOTIFICATION OF WHEN SERVICES ARE REQUIRED:

The contractor will be notified by phone or in writing by the Area Director of the exact dates to begin the required services. This notification shall be given at least two (2) days in advance of the date of commencement of services.

Pick-up service will be initiated upon the request of the Area Director in the Visalia Classing Office when accumulated volume at listed points is estimated to have reached 50 sacks. This may require services on a less frequent basis than daily at the onset and end of the ginning season. Should the harvest be interrupted by an extended period of inclement weather, making daily pick up/delivery impractical, services may be rescheduled as approved by the Area Director after consultation with the COR. Termination or rescheduling of this service shall also occur when volume at pick-up points has, due to the advanced stage of harvest, decreased to approximately 50 sacks for each time hauling service is provided.

C.4.2 DAILY SERVICES AND PEAK SEASON SCHEDULE:

Upon notification from the Area Director that daily service is required, the contractor shall transport sacks of cotton samples daily, Monday through Friday. However, during the periods of heavy harvesting, service will be required

Monday through Sunday for the gins in the Central Arizona area and deliveries to the drop off point in Visalia, CA will be required every other day. Service at the Modern Gin will be required every other day in route to the delivery point. Heavy harvesting will generally take place during a 12-week period approximately from October

15 to January 15. Approximate dates shown may change due to variations of weather, crop conditions, or other factors outside the control of the parties to this contract. At peak harvest, pickup at gins in the Central Arizona area shall occur every day, Monday thru Sunday. Cotton shall be transferred from Arizona to the drop off point in Visalia, CA every other day along with the additional pickup point at the Modern Gin while in route to Visalia. (The pickup at Modern gin and delivery of all cotton should occur on the same day.)

C.5 CONTRACTOR'S LIABILITY:

Extreme care must be exercised in handling sacks of cotton samples. The sacks shall in no case be opened. The contractor shall be responsible for safeguarding all sacks of cotton samples while in his/her possession or care.

He/She shall use all reasonable care in the protection of the sacks, and shall be liable to the government for loss or damage to the contents of the sacks. The contractor shall assume full responsibility for all damages or injury to persons or property that may occur in connection with performance of the work. He/She shall take reasonable steps to prevent injury or damage to persons or property in the performance of this contract. He/She shall not commit or permit any act which will interfere with the performance of the duties of the government employees at the shipping or receiving points.

There shall be no use of alcoholic beverages, illegal drugs, or illegal substances by any persons performing pickup, hauling, or delivery of sacks of cotton samples under the terms of this contract.

Weapons shall not be carried on government property or during performance of the contract. Violation of these prohibitions shall result in termination of the contract.

C.6 EQUIPMENT:

The contractor shall, on request of the Area Director, furnish proof that equipment, vehicles and/or trucks, are reliable and of sufficient capacity in the opinion of the Area Director to fulfill terms of this agreement. If the contractor plans to rent vehicles and/or trucks to perform hauling services, the contractor shall provide the Area

Director proof of an agreement that has been established for vehicles and/or trucks between the contractor and a rental company. The contractor shall furnish the Area Director proof of equipment and/or proof of a rental agreement by September 15 of each contracted year. Lack of such proof to the satisfaction of the Area Director and the COR will be sufficient grounds to disqualify contractor or terminate the contract at any time. Vehicles used by the contractor shall be enclosed to protect sacks from adverse weather conditions and from possible loss.

Contractor must furnish a contact address and telephone number available for notification of special situations or problems that may occur during workdays prescribed. The contractor must provide the driver(s) of the truck(s) with a cellular phone at all times while picking up sacks on the contract route.

C.7 LICENSES AND INSURANCE

The contractor shall be a commercially licensed and fully insured carrier (to cover replacement of the cargo -cotton samples and sacks) and comply with all applicable state and local ordinances. Prior to written confirmation of the contract award, the contractor shall furnish the Area Director a copy of the insurance certificate. This certificate must be received by the Area Director by September 15 of each contracted year. Failure to provide the insurance certification within the specified time will result in cancellation of the contract.

Contractor shall also provide the Area Director a signed statement from the contractor's insurance company stating that the Area Director will be notified, in writing, by the insurance company of any changes in insurance during the life of this hauling contract within 5 business days of the change. This statement is also required by September

15 of each contracted year. Failure to comply with this requirement will result in cancellation of the contract.

C.8 INVOICES:

Itemized invoices prepared by the contractor for services rendered must be submitted after the 15th of each month for the period of 1st through the 15th. Another invoice for the period of 16th through the end of each month will be submitted after the last day of the month. The invoices will be sent to the Area Director for review to ensure the accuracy of the invoice prior to payment submittal. The Area Director will verify invoice within three working days of invoice receipt. Any discrepancies will be discussed with the contractor and resolved before invoices are submitted for payment. After the verification by the Area Director, the vendor shall enter the invoice for payment using IPP (Invoice Processing Platform). Each contractor must register with IPP at www.ipp.gov as a vendor prior to submitting invoices for payment.

C.9 PAYMENT TERMS:

Payment for services invoiced shall be made by the government within thirty (30) days of receipt of the invoice by the Area Director. The terms of the Prompt Payment Act are not applicable to invoices submitted under this contract.

C.10 IMPORTANT NOTICE:

The contractor will not accept any instructions issued by any person other than the COR or the Area Director acting within the limits of the delegated authority.

No information other than that which may be contained in an authorized amendment to this contract will be considered as grounds for deviation from any stipulation of this contract or referenced drawings and/or specifications. No modifications will be made to the agreed upon terms of the contract. Offerors should take unknown and uncontrollable variations of the business climate into consideration prior to submitting a proposal.

The number of sacks estimated is the best estimate based on current information for the 2017/2018 crop.

Between the time of the advertisement and commencement of services some pick up points may not operate due to crop reductions, yields, and growing conditions while additional ones may be added should favorable production elements exist.

C.11 POINTS OF CONTACT:

Contracting Officer:

Beverly S. Brown

USDA, AMS, Cotton and Tobacco Program

100 Riverside Parkway

Suite 101

Fredericksburg, Virginia 22406

Email: BeverlyS.Brown@ams.usda.gov

Cell: 540-739-9009

Phone: 540-361-1126

Contracting Officer’s Representative:

Ray Scroggins

USDA, AMS, Cotton and Tobacco Program

3275 Appling Road

Room 2

Memphis, TN 38133

Email: Ray.Scroggins@ams.usda.gov

Phone: 901-384-3010

Area Director:

Greg Townsend

7100 W Sunnyview Ave greg.townsend@ams.usda.gov

(559) 651-3015

C.12 ATTACHMENTS (SEE SECTION E)

The Department of Labor prevailing wage rates for Visalia Classing Office, 7100 W. Sunnyview Ave Visalia, CA are attached and are hereby incorporated and made a part of this Request for Proposal.

Attached is a list of the pickup points on this route with the estimated (daily and annual) number of sacks for each point, a map showing each pick-up location and the best estimate of total sacks for the route though the total for the route may be more or less for the 2017/2018 season.

mailto:BeverlyS.Brown@ams.usda.gov mailto:Ray.Scroggins@ams.usda.gov

Clauses

D.1 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) Web site 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, dated August 25, 2016, 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-

(1) 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

(2) 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.

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.

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.

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, DoD, GSA, 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 (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its 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 to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (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…