Combined Synopsis-Soliciation N6470920Q0046.docx

This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposals are being requested and a written solicitation will not be issued.

The solicitation number is N6470920Q0026; this solicitation is a request for quotation (RFQ). This notice is Set Aside Totally for Small Business. The North American Industry Classification System (NAICS) code is 541519. The Product Service Class (PSC) is D318

Strategic Weapons Facility, Atlantic (SWFLANT), Naval Submarine Base Kings Bay has a requirement for delivery of Surveillance and Monitoring Program Module Professional Services

Surveillance and Monitoring Program Module Statement of Work

1.0 OBJECTIVE:

This project involves implementation consultation and professional services to support a custom module utilizing Strategic Weapons Facility Atlantic’s (SWFLANT’s) currently owned and installed Microsoft SharePoint 2016 and Nintex 2016 software, by a Certified Nintex Partner. This turn-key module, “surveillance and monitoring program (S&MP)”, will be the central system for tracking data including, monitors, surveillances, evaluations, discrepancies, and findings for SWFLANT. The Nintex Partner will be responsible for the design, coordination, configuration, testing, administrative and user training and turnover of all configuration and components of the final implemented module.

2.0 SCOPE:

This contract includes the commercial support services required to prepare and assist SWFLANT in implementing the custom module. The Contractor shall provide SWFLANT with expert assistance that can perform design, coordination, configuration, testing, turnover, administrative and user training and support services of all configuration and components of the final implemented module. The Contractor shall provide a support team that possesses the level of technical knowledge and expertise that demonstrates the ability to effectively and efficiently plan, execute, test, train, and turnover the configuration and components required in this SOW.

The milestones and deliverables in the following requirements will be implemented and thoroughly discussed with the Contracting Officer and the Government Technical Representative (GTR).

2.1 Type of Contract: Commercial services are being procured using Firm-Fixed-Price (FFP).

2.2 Period of Performance: The contract will commence fourteen (14) days after contract ward shall continue for a period of twelve (12) months.

2.3 Place of Performance.

The contract shall be performed primarily at the Government’s facility (on-site) and partially at the Contractor’s facility (off-site). Time and expense associated with traveling to and from Navy Submarine Base Kings Bay, Georgia, and the Contractor’s primary duty station shall be included in the Contractors original cost proposal. Additional travel expenses will not be reimbursed by the Government.

2.4 Design Efforts required: The Nintex Partner, in coordination with the GTRs technical team, shall design, configure, implement, and test, the module and the principle items necessary to satisfy module requirements, then provide training on the final product. This includes the requirements analysis, design, component integration and testing. The contractor shall define a Software Development Approach appropriate for the software configuration and integration effort to be performed under this solicitation. The contractor shall document the configuration development approach in a SDP, shall implement the SDP requirements, and shall maintain the SDP. The contractor shall implement selected Software Configuration Metrics to provide management visibility into the software configuration process and progress. The selected metrics shall clearly portray variances between actual and planned performance, shall provide early detection or prediction of situations that require management attention, and shall support the assessment of the impact of proposed changes on the module. The contractor shall provide the program office routine insight into these metrics.

2.3 Software Utilization Requirements: The contractor must utilize the following software for configuration of this contract:

· Microsoft SharePoint 2016 Enterprise Edition

· Nintex Workflow and Forms 2016

· Microsoft SQL Server 2016 Enterprise Edition

· Microsoft Server 2016 Standard Edition

3.0 SPECIFIC TASK REQUIREMENTS:

3.1 General Information:

The following paragraphs and enclosure 1 list all required support tasks that will be required throughout the contract. The Contractor shall provide necessary resources and knowledge to support the listed tasks. The Contractor shall complete all required tasks while controlling and tracking performance and goals in terms of costs, schedules, and resources.

The Surveillance and Monitoring Program S&MP module is the authoritative system at SWFLANT for tracking monitors, surveillances, evaluations, discrepancies, and findings. As such S&MP must facilitate or be able to:

· Assignment of monitors, surveillances and evaluations to personnel.

· Monitors, surveillances and evaluations are derived from templates that are modified for specific assignment, with the specific assignment having a unique identifier assigned.

· Discrepancies or findings found during a monitor, surveillance or evaluation will also be derived from templates that are modified for specific assignment, with the specific assignment having a unique identifier assigned.

· Ability to add notes, comments, write-ups or supporting documentation in the monitors, surveillances, evaluations, discrepancies or findings.

· Workflow with email notifications to assignees, reviewers, approvers, or other personnel indicated when the assignment is assigned.

· Tracking the current status of all items assigned, ensuring compliance by assigned completion date(s).

· Multiple user types and groups to complete tasking.

S&MP shall have the capability to expand to new modules, to support slightly differing reporting or data gathering requirements, utilizing the customized fields available.

3.2 Submittals:

3.2.1 Post Award Conference:

The Contractor shall schedule and hold a Post Award Conference (PAC) at a location approved by the Government within fourteen (14) days after contract award. The purpose of the PAC is for the Contractor to review and demonstrate to the Government the management procedures, provide progress assessments, review of technical and other specialty area status, and to establish schedule dates for near term critical meetings/actions. The Contractor shall present management, key personnel, and program implementation processes.

3.2.2 Post Award Submissions:

Provide within one (1) week of award:

a. Work Breakdown Structure (WBS)

b. Integrated Master Plan (IMP)

c. Integrated Master Schedule (IMS)

d. Software Development Plan (SDP)

e. Software Quality Assurance Plan

f. User Acceptance Test (UAT) Plan

a. To include a Requirements Traceability Matrix (RTM)

3.3 Deliverables: Any deliverables under this SOW will be accepted or rejected in writing by the GTR. In the event of rejection of any deliverable, the Contractor will be notified by the GTR of the specific reasons why the deliverable is being rejected. Deficiencies discovered within this period will be articulated by the government and the Contractor shall correct them within a period of 14 calendar days. Services requested by the GTR will be controlled by means of written/verbal descriptions of specific requirements for each task, which will delineate specific objectives, deliverables and information protection and system security (IPASS) issues and controls as required. The Contractor shall be responsible for delivering all end items specified in the services request. Specific acceptance criteria, delivery schedules, and delivery instructions will be included for each task where necessary. Services will be requested and controlled by means of production logs, which will delineate all processed deliverables. The Contractor shall be responsible for delivering all end items specified below in items 1 through 9, Enclosure 1, as well as any created production logs. When workload exceeds the production capabilities of the Contractor staff, priorities will be annotated by the government to ensure that critical tasks are completed in a timely manner. The following are deliverables that fall within the scope of this SOW and are illustrative of some of the types of work the Government expects to order:

1. Program specification documentation

2. Data analysis

3. Quality assurance and quality control analysis and documentation

4. System/program test plan and analysis report

5. Migration of current system data into new system

6. System software quality assurance report

7. Joint application design reports

8. Telecommunications, network and system analysis reports.

9. Source Code, if applicable

3.4 Software Component Requirements: The Contractor must provide software components as described in enclosure 1.

3.5 Subcontract Management.

The Contractor is responsible for performance of requirements delineated in this SOW, and shall institute appropriate management actions relative to subcontractor, if any, performance. Requirements that are contractually specified shall apply to subcontractor performance; however, the Contractor shall be accountable for compliance of subcontractors and is responsible for ensuring all deliverable products comply with the contract requirements.

3.6 Data Management.

The Contractor, in developing information that will be furnished to the Government, shall make the maximum use of existing data and provide maximum multiple use of technical information. Specific data management functions shall include schedule control for deliverables, maintenance of deliverables, approval of deliverable format, distribution, and delivery of data products. The Government reserves the right to review all data associated with and developed for this project.

4.0 EXECUTION:

4.1 Installation:

1. All items shall be configured and implemented by Certified Nintex Partners.

2. The final module configuration and implementation will be accomplished in one phase.

This will include configuration, implementation, user acceptance testing and verification, administrative and user training, and media/artifacts delivery.

4.2 Scope of Inspection:

4.2.1 All deliverables will be inspected for content, completeness, accuracy and conformance to SOW requirements by the GTR. Inspection may include validation of information or software through the use of automated tools and/or testing of the deliverables, as specified in the SOW. The scope and nature of this testing must be negotiated prior to inspection and will be sufficiently comprehensive to ensure the completeness, quality and adequacy of all deliverables.

4.2.2 The Government requires a period of not to exceed fifteen (15) work days after receipt of final deliverable items for inspection and acceptance or rejection.

4.2.3 User Acceptance Testing (UAT): The Government will perform acceptance testing of the new modules code and/or database changes/additions after successful completion of Contractor testing. The Contractor shall prepare or update a User Acceptance Test (UAT) plan and test scenarios/scripts for users to follow during the initial structured portion of the UAT (following structured testing the users are encouraged to conduct their own free-form testing). The Contractor shall assist the Government during the preparation and execution of the acceptance test by establishing test data and maintaining the test environment. The Contractor shall provide the draft version of all documentation, including the Requirements Traceability Matrix (RTM), which shall be delivered with the final product at the time of the initiation of the UAT period. The RTM shall clearly link the new and/or changed requirements to where and how they have been implemented in the system, to assist the users during testing. The Contractor shall correct any errors identified by the User Acceptance Test team. The Contractor shall document the results of the testing in the Test Report. Upon receipt of the report, the Government will examine the test results and make a determination as to the readiness of the new modules’ code and/or database changes/additions to be released into the production environment. The Government will certify the planned release under one of the following categories: 1) It is virtually error free and should be released into production. 2) Errors still exist that should be addressed, however, a decision could be made that either: a. the release can proceed intact and the errors will be corrected and implemented through a subsequent release or, b. the release can proceed but the portions determined defective will be removed from it and errors will be corrected and implemented through a subsequent release. 3) It has major shortcomings and should not be released into production at this time. Instead, it should be returned for further development and re-testing.

4.2.4 Releases: Once the Government has performed UAT and final system performance load and stress testing has been completed, the product shall be released to the customer, along with all associated documentation required for the release. This shall include the provision of production and test ID(s) and Password(s) and the necessary software code. The Contractor shall prepare and manage the Release Package to include, notes to document the fixes/changes/enhancements included in each system release, technical release instructions, scripts, schedule, and other documentation.

5.0 Special Provision: All contract employees working onsite supporting this task must be US Citizens, capable of obtaining a favorable NCIC check, and meeting all stated security requirements. Information or data within the SMP system will be treated and protected as Controlled Unclassified Information (CUI) in accordance with DoDM 5200.01, Volume 4..

5.1 Section 508 Compliance.

Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended, requires Federal agencies developing, procuring, maintaining, or using Electronic and Information Technology (EIT) to ensure that individuals with disabilities who are Federal employees have access to and use of information and data that is comparable to the access to and use of the information and data by Federal employees who are not individuals with disabilities. All Electronic and Information Technology (EIT) procured through this contract shall meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. In accordance with FAR 39.204, this requirement does not apply to contractor acquired software that is incidental to the task, software procured/developed to support a program or system designated as a National Security System (NSS) or if the product is located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment. 36 CFR implements Section 508 of the Rehabilitation Act of 1973, as amended and is available at http://section508.gov/.

6.0 OTHER REQUIREMENTS.

6.1 Copyright Release.

The Contractor shall identify copyrighted material, if any, and shall obtain the written approval of the copyright owner. The Contractor shall furnish appropriate copyright release giving the Government permission to reproduce and use copyrighted information. When the Contractor uses a manual, which covers a vendor's component(s) or a portion thereof, and the vendor's manual contains copyrighted material, the Contractor shall be responsible for obtaining a copyright release from the vendor and providing the copyright release to the Government.

6.2 Licensing/Ownership Rights.

All data and computer software, including but not limited to source files, video, audio, animations, design documentation, and integrated data used in products, developed by the Contractor are contemplated to be developed with Government funding and not private funding. Therefore, the Government shall obtain an Unlimited Rights License to all such content and computer software. If the Contractor is involved in any future efforts with the Government, pursuant to the Government’s Unlimited Rights as provided for under this contract, the Contractor warrants that the Government shall not be charged again for the data and computer software developed under this contract when provided to, or expected to be used by, or for the use by any Government agency or organization.

6.3 Non-Personal Services.

The Government will neither supervise contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor feels that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor’s responsibility to notify the Contracting Officer immediately. These services shall not be used to perform work of a policy/decision making or management nature, i.e., inherently Governmental functions. All decisions relative to programs supported by the Contractor shall be the sole responsibility of the Government.

Contractors are not allowed to perform inherently governmental functions as defined in the Office of Federal Procurement Policy (OFPP) Policy Letter 11–01, Performance of Inherently Governmental and Critical Functions. These functions include those activities that require either the exercise of discretion in applying Government authority or the making of value judgments in forming decisions for the Government.

7.0 S&MP Functionality Requirements

Contractor must ensure S&MP runs as described below:

· Various surveillance and monitoring formats exist and conform to multiple program requirements

· Capability to create multiple segments, to support slightly differing reporting or data gathering requirements, workflow processes, sets of templates, and assign different user roles to manage each segment.

· Capability for customizable role based security with multiple levels of access and assign user roles based on Active Directory accounts.

· All forms will have the ability to be customized with a set of characteristics and saved for use by other user roles as templates.

· Form characteristics provided in section below.

· Surveillance and monitoring forms require ability to have user defined routing/review process per saved form template.

· All forms will have the capability to be tracked by user roles assigned to form, (e.g. user assigned to, user who assigned, user who modified).

· Capability for forms to be assigned user defined status’s during workflow (e.g. Assigned, Initiated, Completed, Open, Recommended for Closure, Closed)

· Capability to define user roles to be notified as forms move through their workflows at change of status or when predefined actions occur.

· Capability for a built in change request feature for requests for modifications to finalized forms, templates, or groups.

· Change request process will have user customizable workflow capability, defined by segment.

· Capability for a built in scheduling feature for planning and workload management, for forms with periodicity characteristic defined.

· Ability to query data within system to create custom reports.

· Reports will have ability to be displayed as charts/graphs based on queried data.

· User defined roles will have the ability to create and save custom reports.

· Capability to export forms to various output sources, (e.g. Print, Word, Excel, PDF)

7.1 Form characteristics required:

· Capability for user defined form characteristics, (e.g. Date completed, category, location, operation, user name, references, date closed, department assigned, description).

· Capability to define what roles have ability to create, modify, assign, and close this type of form.

· Capability to define form types (e.g. SI, PM, OFI, Deficiency)

· Capability to link other system created forms for use or reference when completing a surveillance or monitor.

· Capability to import data or documents from various import sources, (e.g. Word, Excel, PDF)

· Forms that are assigned to a user role, but not initiated will automatically update as associated documents, characteristics, forms, templates are updated.

· All assigned forms will have a unique identification number for tracking.

· Capability for forms to have a defined periodicity.

· Capability to initiate another form type (from the system) if required during the evaluation, that will tie the closing of an evaluation to the closing of the other form type.

· Capability to define form severity codes, (e.g. Minor, Significant, and Critical).

· Capability to save a defined form as a template for reuse.

FAR 52.212-1 ADDENDUM: Instructions to Offerors – Commercial Items

SWFLANT requests a Firm-Fixed-Price (FFP) quote by 07 August 2020 at 12:00 PM to provide the supplies described in this RFQ. The Government may consider late quotes. Contractors responding to this request must furnish a quote as described below.

Quotes shall contain the following:

1. Price quote: Provide a FFP quote for all required supplies and/or services. Any costs related to credit card fees (see paragraph 6 below), delivery costs, and handling costs, as applicable, shall be included.

2. Travel Expenses. If travel is required in support of this requirement, the contractor shall include a detailed Basis of Estimate (BOE) that is priced in accordance with the Joint Federal Travel Regulations (JFTR). Each component of the proposed travel expense shall clearly identify the date(s), location(s), duration(s), quantity of personnel, and cost for the proposed travel.

3. Specifications: Provide all specifications for the products to be provided and a statement regarding, whether or not the quoter is an authorized reseller of the products identified in the RFQ, if applicable.

4. Quote Cover Letter: Provide the name, title, telephone number, and e-mail address of the company/division point of contact that can contractually obligate your company. Also, identify those individuals authorized to negotiate with the Government. Lastly, provide the company name, street address, and Data Universal Numbers System (DUNS) number.

5. Exceptions to the RFQ: Identify any exceptions taken with the RFQ content and the rationale for the exceptions to the RFQ, to include any terms or conditions applicable to payment by Government Commercial Purchase Card (GCPC), if GCPC is identified as the method of payment in the RFQ.

NOTE: Exceptions to the RFQ may render the quote noncompliant and ineligible for award.

6. Government Commercial Purchase Card (GCPC) as Method of Payment. If the RFQ identifies use of the GCPC as the method of payment, all offerors shall discretely identify and include any associated charges in their quote and shall utilize Wide Area Work Flow (WAWF) as the mandatory method of invoice submittal and receiving report in accordance with DFARS 232.7002 & 232.7003.

Proposals shall be e-mailed directly to spk12contracts@swflant.navy.mil, the sole designated e-mail address and inbox for submission and receipt of quotes or proposals. No other electronic means of submission, used in whole or in combination with e-mail, is permitted. E-mail quotes or proposals shall be in either Adobe or Microsoft Office format. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. Unless offeror proposes a shorter period, by submission of an offer, the offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The foregoing does not preclude an offeror from withdrawing its offer prior to award.

FAR 52.212-2 ADDENDUM: Evaluation– Commercial Items

The Government shall issue a purchase order resulting from this RFQ to the responsible quoter whose quote, conforming to the RFQ, represents the Lowest-Priced-Technically-Acceptable (LPTA) quote. Technical acceptability will be based on:

1. All items requested in the RFQ are included in the quote and meet the stated specifications, and

2. The Offeror confirms it is an authorized reseller of the products identified, if applicable.

Award will be made contingent upon the Bilateral signature of the parties. The Government reserves the right to award on an all or none basis.

CLAUSES INCORPORATED BY REFERENCE

52.204-21

52.212-4 Basic Safeguarding of Covered Contractor Information Systems Contract Terms and Conditions--Commercial Items

JUN 2016

JAN 2017

CLAUSES INCORPORATED BY FULL TEXT

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 the stock of which 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 its stock is owned by one or more women; or

(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 electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://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 ORCA.]

(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.

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

(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.

(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) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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…