DTFH7017Q00063.pdf

Western Federal Lands Highway Division 610 E. Fifth Street

Vancouver, WA 98661 Phone 360-619-7700

Fax 360-619-7846

REQUEST FOR QUOTATION (RFQ)

Solicitation DTFH7017Q00063

This is a Sole Source Procurement

This combined synopsis/solicitation is prepared in accordance with FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR Part13, Simplified Acquisition Procedures. This announcement constitutes the only solicitation;

quotes are being requested and a written solicitation will not be issued.

This is a FIRM FIXED PRICE Request for Quotation (RFQ) being issued by the Federal Highway Administration (FHWA) Western Federal Lands Highway Division (WFLHD) for Geocortex Essentials Standard Edition software, training, implementation and customization.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-95.

The proposed contract action is for supplies and/or services for which the Government intends to solicit and negotiate with only one source, Latitude Geographics Group Ltd., 300-1117 Wharf Street, Victoria, BC Canada V8W 1T7, under the authority of FAR 13.106-l(b). Latitude Geographics Group Ltd. is the only company that provides the necessary software with implementation/customization services that WFLHD requires. All responsible offerors may submit a quote that will be reviewed by the Government. However, a determination by the Government not to compete with this proposed contract based upon responses to this solicitation is solely within the discretion of the Government. Information received will normally be considered for the sole purpose of determining whether to conduct a competitive procurement.

The North American Industry Classification System (NAICS) code is 511210 with an industry size standard of $38.5 Million and the Product Service Code is D399. A responsible quoter is one whose offer conforms to the solicitation and will be most advantageous to the Government.

FAR Provisions and Clauses may be viewed and/or downloaded from https://www.acquisition.gov/?q=browsefar.

It is the responsibility of the interested parties to incorporate any amendments and check the site http://flh.fhwa.dot.gov/business/simplified/ for questions and answers.

To be eligible to receive a Government Contract a contractor must be registered and active in www.SAM.gov prior to award of order.

https://www.acquisition.gov/?q=browsefar http://flh.fhwa.dot.gov/business/simplified/ http://www.sam.gov/

DTFH7017Q00063 August 15, 2017

TABLE OF CONTENTS

Section One – Introduction

Section Two – Statement of Work

Section Three – Solicitation Provisions and Contract Clauses

SECTION 1 – INTRODUCTION

1.1 Instructions

Questions regarding this requirement shall be submitted no later than Monday, 8/28/2017 at 4:00pm Pacific Time to Doug Taylor at WFL.Purchasing@dot.gov.

Response to this RFQ shall be submitted no later than Wednesday, 8/30/2017 at 2:00pm Pacific Time. All submissions shall in PDF and shall be submitted to WFL.Purchasing@dot.gov.

The Government reserves the right to request such additional information as may be necessary to determine the offeror’s qualifications for award or to clarify any aspects of the technical and/or cost/price submissions. Such information shall be furnished promptly upon the Government’s request.

Offerors shall not be reimbursed the costs of developing a quote for this RFQ.

The quote MUST include the following information:

• Quote Number

• Price Quote

• Unique Entity Identifier (DUNS)

• Electronic Funds Transfer Indicator (if applicable)

• Completed FAR Provision 52.212-3 (see Section 3) -or- a statement on the quote similar to that in FAR 52.212-3(b)(2) confirming the provision is completed and current in www.SAM.gov.

• Complete Business Mailing Address

• Contact Name, Phone and Email Address

1.2 Quote

The Contractor shall address an understanding of logistics, schedule, and any other miscellaneous issues of which the Government should be aware.

The Contractor shall indicate if any technical assumptions have been made, conditions have been stipulated or exceptions have been taken with the Government Description of Requirement as written. If technical assumptions are not noted, it will be assumed that the vendor’s quote reflects no technical assumptions for award and agrees to comply with all of the terms and conditions set forth herein.

The Contractor shall complete and submit one (1) quote package in a single volume containing pricing of services contained in contractor’s current schedule.

The schedule contractor agrees to hold the price in its quotation firm for thirty (30) calendar days from the date specified for receipt of quotes or as requested in any subsequent amendment.

mailto:WFL.Purchasing@dot.gov mailto:WFL.Purchasing@dot.gov http://www.sam.gov/

SECTION 2 – STATEMENT OF WORK

WFLHD GIS Implementation

I. INTRODUCTION

A. Project Summary

The Western Federal Lands Highway Division (WFLHD) of the Federal Highway Administration (FHWA) is contracting to implement a web-enabled Geographic Information System (GIS) to visualize and analyze data related to transportation assets.

B. Project Location

This project location is at WFLHD office in Vancouver, WA. The contractor will also work with WFLHD staff in Vancouver, WA.

C. Project Overview and Major Phases

This project will assist WFLHD in implementing a web-enabled Geographic Information System (GIS) to visualize and analyze data related to transportation assets. The scope of work (SOW) includes twelve tasks with well-defined deliverables for performing this work. This SOW is supplemented with WFLHD GIS Framework System Design report that will be provide to the contractor. These tasks include.

Task 1: Project Administration and Coordination Task 2: Business Analysis Task 3: Software Installation and Kickoff Task 4: Develop Project Viewer Task 5: Develop Financial Summary Reports Task 6: Integration with FME Server to CAD/GIS Data Interchange Task 7: Develop Environmental Workflow and Reports Task 8: Develop Geotechnical Workflow and Reports Task 9: Develop Hydraulics Workflow and Reports Task 10: Develop Safety/Survey/Bridge Workflow and Reports Task 11: Testing and QA/Documentation and Delivery Task 12: Training for Geocortex Essentials

D. Requirements for Implementing Section 508 Standards

All EIT deliverables rendered under the purchase order shall comply with Section 508 of the Rehabilitation Act of 1973, as amended, and the Access Board Standards, which are available for viewing at http://www.section508.gov. EIT is defined as any equipment or interconnected system or subsystem of equipment that is used in the http://www.section508.gov/ creation, conversion, or duplication of data or information, or used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. EIT includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, office equipment such as copiers and fax machines. It includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources.

Unless otherwise indicated, the Contractor represents by receipt of the purchase order that all deliverables shall comply with the Access Board Standards. In particular, see Standards of Section 508 Part 1194 as appropriate for the products required in the purchase order. Special attention should be paid to parts 1194.22, Web-based intranet and internet information and applications, and 1194.31, Functional Performance Criteria.

Contractors can view Section 508 of the Rehabilitation Act – Home page http://www.access-board.gov/508.htm and http://www.access-board.gov/sec508/standards.htm and the Federal IT accessibility Initiative – Home Page http://section508.gov/.

II. SAFETY AND SECURITY REQUIREMENTS

The Contractor shall comply with the following:

• Follow applicable OSHA safety requirements

• Protect WFLHD personnel and equipment from danger and damage

• Obtain and wear an approved visitor badge at all times when working at WFLHD

• Return visitor badges and log out after each work day

• Do not hold any door, gate, or window open without Contracting Officer’s

Representative (COR) authorization

• Remove any employee that intentionally circumvents or violates safety or security requirements

III. WORK PERFORMANCE AND QUALITY STANDARDS

All deliverables are subject to review and acceptance by the FHWA. Contractor will not release or otherwise make public deliverables or make public presentations concerning this project without prior written permission of FHWA.

Contractor is responsible for the accuracy and completeness of documents and related exhibits, maps, tables, charts, etc. Document review by the FHWA is for conformity with FHWA procedures and compliance with the contract. Review by the FHWA does not imply a detailed review or checking of the accuracy of calculations or designs.

FHWA views Contractor’s work on this task order as support. Therefore, Contractor will http://www.access-board.gov/508.htm http://www.access-board.gov/sec508/standards.htm http://www.access-board.gov/sec508/standards.htm http://section508.gov/ not assume the role as primary contact for the public, media, or other agencies.

Document contacts with the media and requests for information on FHWA Form 1537 and submit immediately to the COR. Contacts with offices of elected officials shall be reported on the same or next business day to the COR.

IV. PROJECT MANAGEMENT

FHWA is the lead agency for the project. While performing the work described under this task order, discussions with people from other agencies (i.e., BLM, USFS, NPS, BIA, and FWS) and the public, as well as other FHWA employees, will be required.

Participate in these discussions, answer questions, and respond to requests for information. Do not accept any direction or take additional work that is beyond the scope of this order that has not been approved through the Contracting Officer (CO). During discussions with partner agencies, do not suggest performance of additional work that is beyond the scope of this order.

The Contractor will show PM activities associated with each phase of work and designate a single point of contact for all project communication with FHWA.

Project management will continue throughout the duration of the task order. It includes the work necessary to manage analysis and production efforts, coordinate with FHWA, administer the contract, monitor progress, and direct quality control activities for project development tasks.

A. Authority to Obligate the Government

The CO is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed order can be incurred before receipt of a fully executed purchase order or specific authorization from the CO.

B. Payment for Unauthorized Work

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed CO. Only a duly appointed CO is authorized to change the specifications, terms, and conditions under this effort.

V. STATEMENT OF WORK TASKS

The Western Federal Lands Highway Division of the Federal Highway Administration is contracting to develop a Climate Change Performance Measure for Alaska Federal Lands Long Range Transportation Plan. The following tasks are required to complete this work successfully.

Task 1.0 Project Administration and Coordination

This task will include coordination with FHWA staff. The consultant will work with COR to define a coordination strategy to be implemented throughout the life-cycle of this project. The contractor is required to:

• Manage the scope, schedule, budget, staffing, and progress for the work.

• Maintain regular contact with FHWA COR

• Conduct conference calls with the COR and team at decision points

• Coordinate with the project stakeholders

Deliverables for Task 1.0

1. Monthly progress reports detailing activities and accomplishments with monthly invoices

Task 2.0 Business Analysis

The contractor will work with COR and other FHWA staff to map discipline specific workflow and business processes that can be automated through the web-enabled GIS using Geocortex Essential software. This software will work in conjunction with ESRI ArcGIS Server, ESRI Portal, Safe Software FME Server, Bentley Microstation, Microsoft Access, and Oracle database. This effort is expected to include:

• Understand the workflow and business processes of WFLHD

• Meet with COR and discipline specific staff at WFLHD to understand the available data and GIS needs

• Prepare workflow maps and business processes diagrams

Deliverables for Task 2.0

1. Workflow Maps and Business Processes Diagrams

Task 3.0 Software Installation and Kickoff

The contractor will procure the Geocortex Essentials Standard Edition at GSA pricing and will install the software on virtualized servers provided by FHWA at Vancouver, WA. The contractor will also configure and customize the software to meet the business needs of the WFLHD in subsequent tasks. The consultant will hold a kickoff meeting at Vancouver, WA to meet with COR and WFLHD staff to develop a work plan for the duration of this project. This workplan will include aspects of the work identified in the GIS System Framework Design Report provided to the contractor. The contractor will make sure that the Geocortex software is interacting robustly with other engineering and database software.

Deliverables for Task 3.0

1. Kickoff Meeting

2. Workplan

3. Geocortex Essentials Installation of WFLHD Servers

Task 4.0 Develop Project Viewer

The first customization task will include developing a project viewer that allows WFLHD staff to view all project related information provided to contractor through a materialized view of Oracle database. The project viewer will include a combination of a map display showing all projects (i.e., historical, current, planned), a list of projects, and a set of query mechanisms provides a geographic context that fuses location intelligence with business intelligence to resolve questions, reach conclusions, or gain managerial insight to ask questions about projects and programs. Users can find projects on the map display by their Project IDs or by zooming and panning the map. It will also be feasible to find projects by searching their attributes (e.g., the partner agency, the state, the year, project status, size, disciplines involved). It will meet the following design objectives:

• Compatible with existing infrastructure

• Browser-based and runs on mobile devices

• Uses a familiar base map (or set of base maps)

• Secured from public (within intranet)

• Links to project information consistently

• Respects appropriate discipline-specific privileges

Deliverables for Task 4.0

1. Project Viewer Application

Task 5.0 Develop Financial Summary Reports

The contractor will develop a project financial summary report. The report must contain a list of the selected projects and basic attributes (Project Name, Project Type, Date of funds obligated, Status, Project Size and Current Budget used) in a table. Projects that are over budget should be highlighted. The financial columns and total number of projects should be summarized with a count of projects and the sum of project size and the sum of current budget. This summary information may be presented graphically using a Geocortex Chart.

Deliverables for Task 5.0

1. Financial Summary Report

Task 6.0 Integration with FME Server to CAD/GIS Data Interchange

The contractor will integrate GIS and CAD data using FME Server, Bentley ProjectWise, and ArcGIS. The contractor will install FME Server, which is the processing engine for data transformation between CADD and GIS. The task includes the creation of a library of basic transformation services (i.e., FME models) to support the various workbench tools. This initial library will provide the basic instructions that drive the FME Server engine and templates for the development of future data processing models. Since the CADD-GIS interchange should communicate and transform files between ProjectWise / MicroStation and GeoLibrary / GIS formats, this task depends on the basic infrastructure being in place and accessible to FME Server, ProjectWise and other GIS components.

Deliverables for Task 6.0

1. Functional CAD/GIS data interchange

Task 7.0 Develop Environment Workflow and Reports

The contractor will work with WFLHD staff to create and validate workflow Environmental Discipline need. The contractor will validate the existing documentation create the dataset design, and populate it with appropriate data from geodatabase. One of the characteristics of the environment workflow is the “back and forth” from CADD to GIS, vice versa, and the incorporation of multiple project-specific datasets. The contractor will also create custom reports that are needed by environment staff as defined during workplan stage.

Deliverables for Task 7.0

1. Environment Application and Report

Task 8.0 Develop Geotechnical Workflow and Reports

The geotechnical discipline is one of the primary constituents of the discipline specific workflows. This proof of concept project implements one specific geotechnical workflow to create a data standard for the management of geotechnical borehole information within WFLHD GIS. This effort will establish the WFLHD GIS links to appropriate detailed records and define the initial data maintenance best practices for use by geotechnical staff using WFLHD GIS to support their workflow. A very important feature of this proof of concept application is to test CADD-to-GIS and GIS-to-CADD interoperability. The contractor will also create custom reports that are needed by geotechnical staff as defined during workplan stage.

Deliverables for Task 8.0

1. Geotechnical Application and Report

Task 9.0 Develop Hydraulics Workflow and Reports

The contractor will work with WFLHD staff to create and validate workflow Hydraulic Discipline need. The contractor will validate the existing documentation, create the dataset design, and populate it with appropriate data from geodatabase. WFLHD has already created a workflow for the complicated process involved in determining passage requirements for aquatic organisms. The workflow involves biology, engineering, hydrology, and structures (bridges, culverts), as well as external regulatory agencies. The contractor will also create custom reports that are needed by hydraulics staff as defined

Deliverables for Task 9.0

1. Hydraulics Application and Report

Task 10.0 Develop Safety/Survey/Bridge Workflow and Reports

The contractor will work with WFLHD staff in safety/survey/bridge section to create and validate workflow of their geospatial need. The contractor will validate the existing documentation, create the dataset design, and populate it with appropriate data from geodatabase. One of the characteristics of these workflow is the “back and forth” from CADD to GIS, vice versa, and the incorporation of multiple project-specific datasets.

The contractor will also create custom reports that are needed by WFLHD staff as defined during workplan stage.

Deliverables for Task 10.0

1. Discipline Application and Report

Task 11.0 Testing and QA/Documentation and Delivery

The contractor will travel to Vancouver, WA and install all deliverables to WFLHD servers. The contractor will work with WFLHD IT staff and COR to perform QA/QC and testing of the deliverables. The contractor will also provide all required documentation to the WFLHD IT and GIS staff.

Deliverables for Task 11.0

1. Delivery and Installation of all customization and applications to WFLHD Servers

2. QA/QC and Documentation for all deliverables

3. Meeting with WFLHD Staff

Task 12.0 Training for Geocortex Essentials

The contractor will work with WFLHD staff to create and validate workflow Environmental Discipline need. The contractor will validate the existing documentation create the dataset design, and populate it with appropriate data from geodatabase. One of the characteristics of the environment workflow is the “back and forth” from CADD to GIS, vice versa, and the incorporation of multiple project-specific datasets. The contractor will also create custom reports that are needed by environment staff as defined

Deliverables for Task 12.0

1. Geocortex Essentials Training for two FHWA employees

V. DELIVERABLES AND SCHEDULES

Tasks Deliverable Due Date Task 1: Project Administration and Coordination Progress Report Monthly

Task 2: Business Analysis Workflow Maps 11/15/2017 Task 3: Software Installation and Kickoff Workplan 10/31/2017

Task 4: Develop Project Viewer Project Viewer Application 12/31/2017 Task 5: Develop Financial Summary Reports Summary Reports 12/31/2017

Task 6: Integration with FME Server to CAD/GIS Data Interchange CAD/GIS interchange 12/31/2017

Task 7: Develop Environmental Workflow and Reports Environmental Application 12/31/2017

Task 8: Develop Geotechnical Workflow and Reports Geotechnical Application 1/31/2018

Task 9: Develop Hydraulics Workflow and Reports Hydraulics Application 1/31/2018

Task 10: Develop Safety/Survey/Bridge Workflow and Reports

Discipline Applications 2/28/2018

Task 11: Testing and QA/Documentation and Delivery Final Deliverables 3/8/2018

Task 12: Training for Geocortex Essentials Training 12/31/2017

VI. GOVERNMENT PROVIDED ITEMS

FHWA will provide the following to facilitate successful completion of the project:

• Materialized View of Project Information from Oracle Database

• Server hardware required for installation of software

• All software mentioned in this task order except for Geocortex Essentials.

VII. TRAVEL

Travel will be required as necessary to accomplish tasks. All travel costs will be reimbursed based upon actual costs incurred and in accordance with the Joint Travel Regulations (JTR).

VIII. SCHEDULE OF PERFORMANCE

The completion date for all work on this task order is March 15, 2018.

SECTION 3 – SOLICITATION PROVISIONS AND CONTRACT CLAUSES

3.1 Solicitation Provisions

3.1.1 Federal Acquisition Regulation

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at https://www.acquisitions.gov/far

52.203-18 -- Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-7 -- System for Award Management (Oct 2016) 52.204-16 -- Commercial and Government Entity Code Reporting (Jul 2016) 52.204-22 -- Alternative Line Item Proposal (Jan 2017) 52.212-1 -- Instructions to Offerors—Commercial Items (Jan 2017)

FULL TEXT PROVISIONS

52.203-98 -- Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (Feb 2015) (DEVIATION 2015-02)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated https://www.acquisitions.gov/far investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

52.209-11 -- Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Dec 2016)

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.

https://www.sam.gov/portal

(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– https://www.acquisition.gov/sites/default/files/current/far/html/www.dol.gov/fairpayandsafeworkplaces

(1) Department of Labor Wage and Hour Division (WHD) for–

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

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

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

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for–

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for–

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974; and

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

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for–

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

http://uscode.house.gov/

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

(9) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

http://uscode.house.gov/ http://uscode.house.gov/

(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;

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

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

(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.

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

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