Attachment 2 - 3PL Performance Work Statement (PWS).docx

ATTACHMENT 2 PERFORMANCE WORK STATEMENT

SECTION A

A.1 INTRODUCTION

This is a solicitation for commercial items prepared in accordance with FAR Part 12 and FAR Part 15. This announcement constitutes the only solicitation and proposals are being requested to establish an Indefinite Delivery/Indefinite Quantity (IDIQ) contract. The solicitation is being issued as a Request for Proposals (RFP) number 47QSCC20R0016.

The U.S. General Services Administration (GSA), Federal Acquisition Service (FAS), General Supplies and Services (GSS) Portfolio, Office of Supply Chain Management (SCM) and the Internal and Emergency Acquisition Division (IEAD) is seeking proposals from Third Party Logistics (3PL) providers who can establish an Export cross-docking Hub located in the USA managed by the 3PL logistics provider to receive GSA Contractor OCONUS shipments, inspect, remediate, prepare, and render into the proper Defense Transportation System (DTS) channels.

The purpose of this requirement is to support overseas customers who had previously been serviced by GSA and DLA distribution centers. The services required include receipt of inbound shipments from Contractors, inspection, and preparation for transshipment. Preparation for transshipment shall include shipment consolidation thereby ensuring readiness for onward movement in accordance with required Department of Defense (DoD) and Federal regulations through, small package carriers, the U.S. Postal System and Defense Transportation System (DTS), and reporting on noted discrepancies. The scope is similar to the previously accomplished GSA Export Packing Facilities, and will better align the GSA OCONUS supply chain with DOD requirements. The operation requires high proficiency in MIL STD 129, and DOD air, water, and hazardous shipment regulations.

The contract is established to support only those DoD components and Federal civilian agencies operating OCONUS. The contractor shall not use the shipping of commodities or the warehouses used to store the commodities associated with this IDIQ contract in any capacity other than to support this contract.

A.2 MINIMUM DOLLAR VALUE

GSA guarantees a minimum dollar value of $20,000.00 for this solicitation.

A.3 GENERAL

The contractor is required to provide services required including receipt of inbound shipments from Contractors, inspection, and preparation for transshipment for transportation/delivery to the identified location.

A.4 CONTRACT TYPE

The IDIQ contract will be on the basis of Firm Fixed Price (FFP).

A.5 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS)

The IDIQ will be established with a contractor holding the below North American Industry Classification System (NAICS) in the System for Award Management (SAM):

- NAICS- 541614: Process, Physical Distribution, and Logistics Consulting Services

**To be considered eligible for the IDIQ, the contractor’s SAM account shall reflect the above NAICS code prior to submitting a proposal in response to this RFP.

A.6 PERIOD OF PERFORMANCE

The IDIQ’s Period of Performance (PoP) consists of a one-year base period and four (4) one-year option periods. The CO may exercise an Option Period only after conducting an annual evaluation in accordance with FAR Part 17.207-Exercise of Options. Option exercise is not guaranteed.

A.7 CLIN STRUCTURE AND PRICE SCHEDULES

A.8.1 Base Period, Option Period 1, Option Period 2, Option Period 3, Option Period 4

CLIN NUMBER

TOTAL PRICING

TOTAL ESTIMATED VALUE

TBD by Offeror

TBD by Offeror

TBD by Offeror

SECTION B

B.1 SCOPE OF WORK REQUIREMENTS

The contractor is required to provide a third party logistical solution to receiving, warehousing, transporting or arranging for transportation, and OCONUS delivery to the location identified in each order.

Specific business rules and requirements are identified below.

I. Warehousing

a. The contractor must have ownership or access to at least one warehouse in the Continental United States or the contractor must provide documentation showing that it will have ownership or access to at least one warehouse immediately upon contract award.

b. The proposal must detail the location of the warehouse(s) available in the United States to the contractor and to fulfill the contract, the sizes of the warehouses, and when the warehouse(s) will be fully operational.

c. The proposal must demonstrate the contractor fully understands and acknowledges that the warehouse space(s) are to be used solely for the storage of material that supports this 3PL requirement.

II. Shipment, Transportation, Delivery, and regulatory responsibilities

a. The contractor will receive GSA Vendor OCONUS shipments, inspect, remediate, prepare, and render shipments into the proper DTS channels;

b. The contractor will receive and accept GSA Vendor shipment deliveries (truckload and less-than truckload, small parcel carriers, and U.S Postal service). Note: Rail shipments will not be requested;

c. The Contractor will conduct Inspection of shipments for compliance with GSA, Federal and DoD regulations related to transportation and supply documentation, packaging, packing, marking and labeling;

d. The contractor shall be responsible for the creation and application of supply and shipping documentation, shipping labels, and package markings meeting customer requirements. The Contracting Officer’s Representative (COR) will ensure that all goods received conform to applicable regulations, as well as agency requirements, related to documentation, preservation, packing, packaging, marking, and labeling to include a readable 2d barcode. The primary references for this are:

· Defense Standard Practice for Military Packaging (MIL-STD-2073)

· Department of Defense Standard for Military Marking for Shipment and Storage (MIL-STD-129)

· CFR 49

· DTR 4500.9-R Part II

· DOD Air, Water and OCONUS hazardous material processing regulations

· CFR 18, IATA, IMDG, and AFMAN 24-207

e. The contractor shall be responsible to provide the CO and COR electronic reports (Required Deliverable) of discrepancies encountered bi-weekly, to include data identifying the Contractor, contract, type of discrepancy, Transportation Control Number(TCN), Order Number, key dates, etc. using specified formats, to be determined;

f. The contractor shall be responsible to remediate any discrepancies to requirements (shipping documentation, packing, labeling, packaging, certifications, etc.);

g. The Contractor shall be responsible to provide consolidation and containerization as required for instructions by the SCM PMO, transportation office and supply operations Division SCM;

h. The Contractor shall be responsible to receive GSA mis-shipments to incorrect CONUS Node Points and take corrective actions or disposition instructions from SCM Transportation Management Office for disposal or from the Contracting Officer Representative (COR);

i. The Contractor shall be responsible for processing shipments for induction into the Defense Transportation System, U.S. Postal System, Parcel Post, international commercial air and/or international ocean transportation terminal;

j. The Contractor shall be responsible for preparing the OCONUS shipments to meet international standards and follow regulations for hazardous materials/dangerous goods;

k. The Contractor shall be responsible to process booking arrangements for onward movement within the identified timeline of shipping 3-5 calendar days to port of embarkation by using the required mode of transportation;

l. The contractor is responsible to ensure appropriate TACs (Transportation Account Codes) are assigned to all cargo for DOD Activities within the DTS cargo movement guidelines;

m. The contractor is responsible to possess required systems access within ETA (Electronic Transportation Acquisition) for access to GFM (Global Freight Module) for Rate Quotes submissions for Global Heavyweight Shipping requirements;

n. The contractor will ensure appropriate TCNs are developed or assigned to each shipment IAW DTR Part II, Appendix L TCN Construction guidance;

o. The contractor may be required to perform technical research on requisitions with exception data;

p. The contractor will be responsible to book shipments using Financial and Air Clearance Transportation System (FACTS), the integrated booking system (IBS), and Global Air Transportation and Execution System (GATES).

q. Dangerous Goods/Hazardous Materials. The contractor shall be responsible for compliance with all dangerous goods/hazardous materials regulations governing shipping, storing, and handling.

r. The contractors’ proposal must demonstrate how the contractor will comply with the Jones Act for shipping.

III. Key GSA and System Interface:

The 3PL provider shall be responsible to work with the follow systems:

· Key GSA and System Interface includes but is not limited to: GSA Order Management System (OMS); DLMS; WEBVLIBS;

· ANSI X12 (EDI) - Generate and receive ANSI EDI 850 Purchase Orders, Generate ANSI EDI 855 upon receipt of vendor shipments; Generate ANSI EDI 856 shipment confirmation at time of outbound shipment, Generate 810 Billing invoice for services provided;

· As GSA’s agent, the contractor shall accomplish necessary processing with DOD DTS processing for TRANSCOM MILAIR, Surface Containerization, Global Heavy-weight Services and Small Parcel DTS solutions;

· As GSA’s agent, the contractor shall perform interfacing with GSA processing systems for purposes of queries, electronic receipt of incoming data from GSA’s Order Management System (OMS), or data input supporting discrepancy processing and similar functions;

· Support Government need for visibility of work in process, product assets, and operational reports regarding supply pipeline (shipments, receipts, age of transactions , discrepancy processing, disposal activity)

IV. Performance Metric The following metrics will be used to measure contractor performance:

The following table provides the required contract performance standards (Metric).

Negative: Potential Cancellation

Negative: Potential Cancellation

552.211

Negative: Potential Cancellation

Negative: Potential Cancellation

Negative: Potential Cancellation

V) EDI Transactional Business Requirements

Contractors must reliably perform commodity transaction processing with GSA by utilizing a standardized electronic method of communication, compatible with GSA transactional systems. GSA utilizes the ANSI (American National Standards Institute) X-12 family of transaction sets to electronically communicate both “Inbound” and “Outbound” transaction sets.

All transactions will be submitted to and received by the “prime” Contractor ONLY. Any additional electronic transaction communication that is required to fulfill Customer Order(s) between the Contractors and its suppliers shall be the responsibility of the “prime” Contractor ONLY. No subcontractor submissions accepted, and contractor teaming arrangements must designate a lead Contractor.

The contractor must coordinate with GSA on a regular basis, to be determined by the CO and the contractor, in order to understand and verify compliance with GSA business rules and requirements as they relate to:

· Shipment information;

· Delivery information;

· Delivery documentation;

· Accuracy of data provided to GSA;

· Interpretation of GSA data in order to meet GSA shipping documentation guidelines; and

All electronic communications between GSA Contractors shall be through the GSA EDI Gateway or a GSA identified third-party service provider.

Initiating Electronic Communications with GSA

GSA reserves the right to test and validate the Contractor’s EDI capabilities for all required transaction sets before on-boarding is authorized.

GSA will coordinate the process to on-board the contractor selected for award directly to the GSA EDI Gateway or an approved GSA identified third-party service provider using the ANSI X-12 EDI standards detailed in the sections below and identified in the Table in section C.3.6, below, of this document.

To initiate the onboard process, GSA will provide Contractors with a list of EDI questions which are used to determine specific Contractor EDI capabilities. The questions shall be completed by the Contractor and returned to GSA within five (5) business days.

Upon completing the EDI-Survey, GSA will coordinate end-to-end process testing with the Contractor to assure compliance with EDI specifications. The end-to-end testing is estimated to be completed within 90 days after contract award/modification, excluding any protest periods.

EDI Transaction Implementation Conventions The Table below shows the EDI Implementation Specification for a given transaction set. The following web site is available as a resource for researching details on the business to government and government to business transactions https://vsc.gsa.gov/EDIUser/eddven.cfm.

TABLE 1

EDI TRANSACTION IMPLEMENTATION CONVENTIONS

(Interchange) Version GS (Group) Version

Note:

GSA reserves the right to implement additional ANSI X-12 transaction sets as its business operations deem appropriate and will require Contractors to implement them in a timely manner. Future transaction sets may include EDI 846 (Inventory Inquiry/Advice), EDI 214 (Transportation Carrier Shipment Status Message/Shipment Delivery Date), EDI 865 (Purchase Order Change Acknowledgement), and EDI 315 (Status Details, Ocean).

Validation Testing of EDI Transaction Sets GSA personnel will validate Contractor’s EDI Transaction Set communication following contract award or modification. GSA will coordinate end-to-end testing with GSA systems and the Contractor’s systems. At a minimum, the following transactions will be validated:

· EDI 856 Advance Ship Notice/Manifest

· EDI 810 Invoice

Business Communications to and from the Government GSA utilizes the ANSI X-12 family of EDI specifications to electronically communicate both “Inbound” (transactions provided by the Contractor to GSA) and “Outbound” (transactions sent by GSA to the Contractor) transaction sets for its business operations.

The following Inbound and Outbound EDI transaction sets are required for EDI Contractors:

· Inbound EDI types (Transactions sent to GSA from Contractors)

· 855: Purchase Order Acknowledgement with three possible types of status:

· Accept, Backorder or Cancel (Note: Any backorder must be accompanied by an expected ship date)

· 856: Advance Ship Notice/Manifest with three possible types of status:

· Ship, Backorder or Cancel (Note: Any backorder must be accompanied by an expected delivery date)

· 810: Invoice

Outbound EDI types (Transactions sent from GSA to Contractors)

· Purchase Orders - N/A

· Invoice (EDI 810)

Invoices shall be sent via the EDI 810 in a timely manner and only after the item(s) being invoiced have actually been delivered and GSA has been provided the appropriate status via the EDI 856. Invoices shall be sent to GSA via their EDI Gateway and forwarded to Fedpay for processing.

VI. QASP:

The contractor must comply with the QASP in Attachment 4. The QASP sets forth the procedures and guidelines the government will use to ensure the required performance, quality standards, and levels of service are achieved by the contractor. This will occur by applying the Methodologies to Monitor Performance as outlined in Section 9.0 of the Attachment 4, QASP. The methods include Surveillance, Customer Feedback, and determination of adherence to Acceptable Quality Levels that are listed in the QASP section for Performance Work Summary. All of this information is used to monitor contract performance, quality, as well as to identify the required documentation and necessary resources.

The QASP will be used to monitor contractor compliance with the requirements in the solicitation.

VII. DISCLOSURE OF DATA

Duplication or disclosure of the data and other information produced by the contractor hereunder is prohibited. Accordingly, the contractor shall not disclose any data, any interpretations thereof, or data derivation there from, to third parties whether real or artificial in contravention of these provisions, without the prior written approval of the CO. The contractor shall ensure that this clause is incorporated in any agreements reached with any subcontractors, consultants, agents, or representatives employed by the contractor in contract performance or otherwise.

VIII. SAFEGUARDING OF INFORMATION

The contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person or entity any information known to them by reason of their performance of service under this contract which has not been made public, except in the course of their duties or by written authorization of the CO. Further, no article, book, pamphlet, recording, broadcast, speech, television appearance, film, or photographs concerning any aspect of the contract shall be published or disseminated through any media without the prior written authorization of the CO. These obligations do not cease upon the termination of this contract. The contractor shall include the substance of this provision in all contracts for employment and in all subcontracts hereunder.

IV. RECORD KEEPING, INSPECTION AND ACCEPTANCE

1. Delivery Receipt:

A government representative must sign for receipt of the items at each location. This signature(s) does not imply inspection and acceptance. The signature only acknowledges the delivery was made.

2. Inspection/Acceptance:

Inspection and Acceptance will be in accordance with FAR section 52.212-4.

X. EXERCISE OF OPTIONS

Per FAR clause 52.217-9, the Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _60_ days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

This contract also includes FAR 52.217-8. Per FAR 52.217-8 Option to Extend Services, to determine a total evaluated price, the Government will take the price for all CLINs of the final option, determine a six-month value, and add the value to the sum of the base plus all option periods. Offerors shall not submit a price for the potential six-month extension of services.

XI. TRANSITIONS

The Contractor shall support cooperative, orderly, and seamless transitions to another contractor at the end of the contract for a period up to 120 days upon the end of the contract. The contractor shall transition with minimal disruptions and maintain a dedicated transition team.

SECTION C

CONTRACT ADMINISTRATION DATA

C.1 CONTRACT ADMINISTRATION POINTS OF CONTACT

Contracting Officer General Services Administration 1800 F. Street Washington, DC 20405 Email: heidi.mcfall@gsa.gov Phone: 703-859-0894

Contracting Specialist General Services Administration 1800 F. Street Washington, DC 20405 Email:Nia.hill@gsa.gov Phone: (202) 655-1856

General Services Administration 1800 F. Street Washington, DC 20405 Email:rogelio.nioko@gsa.gov

C.2 CONTRACTING OFFICER’S AUTHORITY

The CO assigned to this contract has the responsibility of ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships. In this regard, the CO is the only individual who has the authority to enter into, administer, or terminate this agreement. In addition, the CO is the only person authorized to approve changes to any of the requirements under this agreement, and notwithstanding any provision contained elsewhere in this agreement, the said authority remains solely with the CO.

The contractor must immediately request clarification from the CO when a question arises regarding the authority of any person to act for the CO under the agreement or when the contractor receives direction that appears outside the scope of the agreement.

Costs incurred that were not authorized by the CO and work outside the scope of the contract must be considered unallowable costs and will not be reimbursed by the government.

C.3 AUTHORITY OF COR

Only those government representatives (e.g. COR), as designated in writing by the CO, may provide technical or other interpretations in the performance of this contract. Technical interpretation will be provided only within the limits specified in this paragraph, as delineated in a letter of authority from the CO, or contained in Section D or elsewhere of this agreement.

As used herein, “technical interpretation” is defined as providing technical clarification, confirming the results of meetings, completing details in the form of work orders, pursuing certain lines of inquiry, or otherwise serving to accomplish the contract Performance Work Statement (PWS). Technical directions may be issued either verbally or in writing. Such technical direction must include or comply with the following:

1) Be consistent with the general scope of work and terms and conditions contained in the agreement.

2) Does not constitute assignment of new work or change the terms, conditions, or specifications of the agreement.

3) Does not constitute a basis, either directly or indirectly, that could result in a change in the pricing, quantity, quality, or period of performance as established in this agreement.

Technical direction that exceeds the authority listed above or the limits of specific letters of authority is invalid and will not be enforceable against the government. Any costs incurred by the contractor in violation of this clause will be considered unallowable costs and will not be reimbursed by the government.

C.4 CONTRACT ADMINISTRATION

Administration of the IDIQ will include but are not limited to the following:

1) Annual reviews of the IDIQ

2) Surveillance in conjunction with COR to ensure IDIQ holder is complying with terms and conditions including, but not limited to, the following:

a) Use of the IDIQ (GSA will rely on COR), Required delivery timeliness, which requires proof of inspection and acceptance as well as COR approved invoices. An itemized invoice shall be submitted at least monthly or upon expiration of this IDIQ, whichever occurs first, for all deliveries made and for which payment has not been received. These invoices need not be supported by copies of delivery tickets.

b) Proper billing (GSA’s Credit and Finance Center).

SECTION D

SPECIAL CONTRACT REQUIREMENTS

D. 1 INCORPORATION OF SECTION E BY REFERENCE

Section E, Representations, Certifications and Notices to Offerors of Proposals, is hereby incorporated by reference into this contract.

D.2 PERSONAL SERVICES

No personal services shall be performed under this contract. No contractor employee will be directly supervised by the government. All individual contractor employee assignments, and daily work direction, shall be given by the applicable contractor supervisor. If the contractor believes that any government action or communication has been given that would create a personal services relationship between the government and any contractor employee, the contractor shall promptly notify the contracting officer of this communication or action.

The contractor shall not perform any inherently governmental actions under this contract. No contractor employee shall hold him or herself out to be a government employee, agent or representative. No contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the government. In all communications with third parties in connection with this contract, contractor employees shall identify themselves as contractor employees and specify the name of the company for which they work. In all communications with other government contractors in connection with this contract, the contractor employee shall state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify the CO for that contract and not carry out the direction until a clarification has been issued by the CO.

The contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause shall limit the government's rights in any way under any other provision of the contract, including those related to the government's right to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier.

SECTION E

REPRESENTATIONS AND CERTIFICATIONS

52.212-3 Offeror Representations and Certifications—Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

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.