EE133F17RQ0544.pdf

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

1. REQUISITION NUMBER PAGE OF

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QUANTITY

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UNIT

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UNIT PRICE

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AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

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DATE . YOUR OFFER ON SOLICITATION

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PAGE 3 OF 37 EE133F17RQ0544

DUNS__________________________

0001 Commercial vessel charter to conduct research bottom trawls in support of Bottom Trawl Comparative Cable Turtle Excluder Device (TED) Study in the Longfin Squid Fishery, in accordance with the Statement of Work.

Period of Performance: 08/01/2017 to 09/30/2018

8.00 DA

OPT

0002 Commercial vessel charter to conduct research bottom trawls in support of Bottom Trawl Comparative Cable Turtle Excluder Device (TED) Study in the Longfin Squid Fishery, in accordance with the Statement of Work.

Period of Performance: 08/01/2017 to 09/30/2018

8.00 DA

Table of Contents

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SECTION

. 1 Statement of Work

. 2 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

. 3 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

. 4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

. 5 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

. 6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (JAN 2017)

. 7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

. 8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

. 9 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

. 10 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

. 11 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

. 12 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

. 13 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

. 14 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

. 15 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

. 16 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

. 17 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

. 18 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)

. 19 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

. 20 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

. 21 1352.215-72 INQUIRIES (APR 2010)

. 22 1352.233-70 AGENCY PROTESTS (APR 2010)

. 23 1330-52.237-70 CONTRACTOR COMMUNICATIONS

. 24 Insurance Coverage

. 26 Coast Guard Requirements

PAGE 5 OF 37 EE133F17RQ0544

SECTION

. 1 Statement of Work

Statement of Work

NFFM7320-17-02591

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Bottom Trawl Comparative Cable TED Study in the Longfin Squid Fishery

1.0 GENERAL

NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) is seeking to charter a commercial vessel to participate in a cooperative research comparative study to evaluate the catch rates of trawls equipped with cable Turtle Excluder Devices (TEDs) to trawls without the cable TED installed. We are requesting bids for vessels to test the gear modifications in otter bottom trawl gear directed on longfin inshore squid (Loligo pealeii) to determine the change, if any, on the targeted catch. This work will use a paired comparative experimental design, will use NMFS supplied trawl nets, and the vessels must possess appropriate permits to permit fishing.

Additionally, vessels/crew must be knowledgeable about the longfin squid fishery and show history in this fishery.

A commercial fishing vessel will be selected to conduct research bottom trawl hauls during 8 sea days with an option for an additional 8 sea day. To allow for greater collaboration on the study, the exact number of legs, duration of each leg, and timing of each leg will be determined in consultation with the contracted vessel. The study will use standard 2-seamtrawls, provided by the NEFSC. Bottom trawl hauls will be conducted in areas of relatively high abundance of commercially important species with the exact haul locations to be determined in consultation with the contracted vessels. The NEFSC will provide up to two trained scientists to collect the data.

2.0 SPECIFIC TASKS AND RESPONSIBILITIES

2.1 Period of Performance

The planned period of performance includes 8 fishing days with an option for 8 additional fishing days between August 2017 and October, 2018. The exact dates of the study shall be determined at a later date in consultation with the contractor. For cruise scheduling purposes, a minimum of 7 days notice will be provided to the contractor. If the research sampling is completed in less than the allocated time, the vessel will be reimbursed for only those days actually at sea (sea days). A fishing day is defined as the vessel being at sea and engaged is scientific comparative fishing trials. A fishing day does not include laying-to due to inclement weather. Calendar days of less than 24 hours will be prorated at an hourly rate based on the daily rate agreed upon for the contract period. Counting of sea days will be suspended if scientific operations are suspended due to vessel equipment failure or the inability of the vessel and/or crew to carry out operations.

2.2 Cruise Operations

Prior to the commencement of the cruise, the vessel will be made available to NEFSC scientific staff, on mutually-agreed upon date(s), to inspect the vessel, install scientific equipment, and to meet with the Master and owners. Any software, gear, nets and/or equipment installed on the vessel for the purpose of conducting the research cruise will be removed by NEFSC at the end of the cruise.

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The vessel must have a minimum of three crew, covering the role of Master, mate, engineer, chief steward, and cook-mate to operate the vessel and to support scientific operations. The Master and at least one other member of the ship’s crew must be fluent in English. While at sea, the Master is responsible for the operation of the vessel to insure the safety of the scientific staff and all crew members. The Chief Scientist will be in charge of overseeing the scientific sampling. Any damage to the vessel and its gear which occurs during the cruise is the responsibility of the vessel. The crew is responsible for operation of the vessel, fishing operations and assisting with processing of the catch. It is imperative that all fish/squid be removed from the entire net after each set to ensure that all fish recorded are from the correct set. After each set, the catch will be sorted to species and lengths will be collected from selected species. In addition, biological data may also be collected from selected species.

Each cruise leg will take place in the continental waters of the western North Atlantic including Southern New England, Georges Bank, and mid-Atlantic regions in water depths ranging from 3-80 fathoms. Fishing may occur day and night; operating on agreed-upon watches, at pre-determined haul locations selected after consulting with industry advisors or the NTAP and provided to the Master prior to departure for his/her review. Suitable trawl doors, ground cables, and legs must be provided by each vessel. It is imperative that each haul be conducted according to standard operating procedures which will be provided prior to departure. These procedures will include a standardized tow duration (time net is in contact with the bottom), a standard towing speed, and standardized setting and retrieval procedures. Some time at the beginning of the initial cruise leg may be dedicated to gear trials to ensure proper configuration of the research fishing gear.

The design of the study requires that the catches of the TED equipped trawl be compared to a trawl without the TED. It is important that paired tows be conducted in similar locations, at similar times, for equal towing times, so that neither gear’s catch has an advantage over the other. For reference to appropriate sampling procedures, we recommend, ICES Cooperative Research Report No. 215, Manual for Methods of Measuring the Selectivity of Towed Fishing Gears. Data collected during each tow for each net will include; location, tow time, tow speed, depth, amount of wire out, and total weight (kgs) of longfin squid caught. Total bycatch weight (kgs) and total counts and weights of key species of bycatch will also be collected as time allows. In order to reduce bias, we will alternate towing the TED equipped trawl with the trawl without the TED is an ABBAAB configuration where “A” is the net equipped with the TED and “B” is the net without a TED. This configuration helps to reduce bias and reduces the number of net changes required.

The vessel crew will be responsible for repairing any damage to the trawl gear incurred during the study. It is crucial to the success of the study that the gear be maintained in its original condition. A net plan is provided in the Appendix A of this SOW. At the end of the charter the vessel crew is responsible for thoroughly cleaning, washing, and baling all nets. This includes removal of all fish, crabs, seaweed, etc. and towing the net behind the vessel until it is free of any biological material. All nets will be neatly stacked and baled securely with rope.

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The vessel shall utilize and maintain nautical charts, logs and/or computer software(s) that provide a record of the vessel’s location, operations, operating conditions and any significant vessel-related events. These charts, logs and software output(s) shall be made available upon request of the Chief Scientist. The Master shall provide access to scientific personnel of GPS location data, speed, RPM, and other available operational data during the trawling activities, either by recording or electronically logging these data.

Nothing herein contained shall be construed as creating demise of the vessel to the Government. The Contractor under this contract shall retain complete and exclusive possession and operation of the vessel and its navigation.

2.3 Permits / catch disposition

In order to reduce the vessel costs, the vessels will be permitted to retain and sell their catch.

The vessels must possess the required permits/quotas to complete this study.

2.4 Provisions

Three (3) meals per day (breakfast, lunch and dinner) shall be provided or available for up to 2 scientists. Meat or fish shall be included at each lunch and dinner along with a vegetable and dessert or fruit. Milk, coffee, tea, water, cold juice and soft drinks shall be available at all times. Meals, in unregulated quantities, shall be prepared for all members of the scientific crew during each day of vessel operations under this contract.

2.5 Emergency Medical Care, and Health

2.5.1 Medical Services.

The Contractor shall provide at least one (1) crewmember trained in first aid, CPR and automated external defibrillator (AED) use while underway for the duration of the contract.

2.5.2 Medical Provisions.

The contracted vessel shall be outfitted with a current first aid manual, complete first aid kit and automated external defibrillator (AED). The Contractor shall establish adequate and reasonable controls and procedures for the custody and safekeeping of all medical supplies, equipment and controlled medical substances.

2.6 Living and Working Conditions for Scientific Personnel

2.6.1 Accommodations.

All vessels chartered by NOAA shall be outfitted with accommodations for NOAA-authorized personnel at least equivalent to that which is minimally required for crew members and in keeping with good marine practice. An adequate number of staterooms, heads and showers shall be provided to accommodate the total number of persons aboard to the extent possible. All living and working spaces, including galleys, mess rooms, heads, showers, berthing spaces, passageways, lounges, recreation areas, store rooms, and

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4 | P a g e laboratory spaces, shall be free of pests and vermin and shall be maintained in a clean and sanitary condition for the duration of the charter.

The vessel shall have ship service electrical, potable water, ventilation, heating or cooling, marine sanitation, and pollution control equipment of sufficient capacity to support NOAA-authorized personnel and mission-related equipment and activities. All ship service systems, ship equipment, and vital systems, shall be operational and maintained in good working order for the duration of the charter.

2.6.2 Liquor or Illegal Drugs.

During the charter period, the possession or use of intoxicating liquor and or illegal drugs by any person, aboard the vessels, is not permitted and may be grounds for termination of the Contract by the Government. The Contractor shall comply with the requirements to maintain a Drug Free Workplace contained in FAR 52.233-6. The Contractor shall comply with all the requirements of 46 CFR Part 16 for chemical Tests for dangerous drugs and alcohol.

2.6.3 Firearms.

During the cruise period, all firearms, should any be onboard, shall be kept under lock and key by the Master.

2.6.4 Smoking.

Smoking shall be prohibited in all interior spaces occupied by or utilized by the Scientific Field Party. Smoking on deck shall be in designated areas only.

2.6.5 Harassment

At no time during the vessel charter period which includes staging and destaging in-port times, shall any member of the scientific party or crew be subjected to or take part in, any acts of discrimination based on sex, disability, race, color, ethnic nationality, sexual orientation or gender identification. This includes discriminatory comments, jokes, propaganda or harassment whether directly or indirectly involving a member of the scientific party or crew member.

2.6.6 Professional Work and Living Environment.

The vessel crew and participating scientists shall jointly promote a professional work and living environment free of sexism, racism, bigotry, pornography and other activities normally not tolerated in a professional work environment.

2.6.7 Potable water

Water intended for personal use and consumption that is taken, produced, or stored aboard the vessel shall be handled in accordance with applicable regulations. Evidence of bacteriological and chemical testing of shipboard potable water taken from the vessel’s storage tanks via the vessel’s distribution system by a certified laboratory within three months of the charter period shall be provided. Potable water shall be tested and treated to maintain a pH of 6.8 to 7.8 and a residual halogen content of 0.2 ppm to 2.0 ppm free available chlorine (or equivalent) weekly. Water should be free of tastes, odors, and

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5 | P a g e turbidity that would be objectionable to the majority of those on board. Alternatively, bottled water can be provided.

2.7 Passengers

The Contractor shall not permit any passengers to be transported aboard either vessel for any reason without specific approval of the COTR. This restriction applies to Government employees, Contractor’s employees who are not crewmembers, Scientific Field Party personnel not assigned to the Scientific Field Party and the general public.

2.8 Security

Emergency phone numbers for local port officials and law enforcement shall be available to the person on watch. Best marine practices shall be in place while underway to ensure that unauthorized personnel or craft are not permitted to approach the vessel. The Master of each vessel shall take all additional customary and reasonable precautions to ensure that no harm befalls the vessel or equipment while in port and at sea.

3.0 VESSEL REQUIREMENTS

3.1 Minimum Vessel Specifications

3.1.1 The vessel must be capable of safely trawling on the continental shelf of the

Northwest Atlantic in water depths of 3-80 fathoms.

3.1.2 The vessel shall have been actively used for commercial trawling or research where trawl gear was used in the past 12 months

3.1.3 The vessel must be able to tow the NEFSC bottom trawl gear continuously for 1 hour under all weather conditions.

3.1.4 The vessel must be able to maintain a minimum cruising speed of 8 knots in low sea states.

3.1.5 The vessel must be completely rigged for trawling including:

3.1.6 A stern ramp and gallows or gantry/winch hauler.

3.1.7 At least one net reel; 2 net reels are preferred.

3.1.8 Split trawl winches with a minimum of 400 fathoms of trawl wire in good condition and free of signs of excessive wear (frayed, broken strands, excessive corrosion etc.).

3.1.9 The ability to accurately measure the length of trawl wire deployed.

3.1.10 A well-lit, deck area clear of obstructions of at least 100 ft2 for use by scientific crew.

3.1.11 Electrical power outlets (AC 110v) available.

3.1.12 The ability to efficiently discard fish overboard. A conveyor system allowing efficient discard is preferred.

3.1.13 A dry storage area for scientific supply storage of at least 100 ft2.

3.1.14 Sufficient capacity on deck or in hold to store at least one backup net, codend and sweep sections.

3.1.15 A suitable, dedicated, dry counter area on the bridge large enough to accommodate one computer and monitor with adjacent 110/115 volt power outlets for collection of vessel sensor data.

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3.1.16 One (1) dedicated, clean, sanitary, and sufficiently ventilated berth with mattress will be provided for each scientist. It is preferred that each crew member has a dedicated berth as well.

3.1.17 A minimum of one head, one shower and sink with hot water that is available to scientific crew.

3.1.18 Adequate fresh water supply.

3.1.19 Sufficient potable water for 5 days.

3.2 Electronic and Communication Equipment Requirements

3.2.1 Radios:

3.2.1.1 VHF (minimum 2)

3.2.1.2 Single side-band

3.2.2 Radar (2 units with minimum range 40 nm)

3.2.3 GPS (minimum 2 units)

3.2.4 Plotters with capability of plotting input from GPS

3.2.5 Depth sounders (minimum 2, multiple frequencies preferred)

3.2.6 Weather FAX capabilities desirable but not required

3.2.7 Functioning acoustic trawl mensuration system capable of accurately measuring and reporting door spread, net spread and headrope height in real time is desirable but not required.

3.3 Crew requirements

3.3.1 The Captain shall have a minimum of three years of bottom trawl fishing experience as Master of a comparable-sized trawler in north Atlantic waters, and at least five years total fishing experience as a Master.

3.3.2 The Captain shall be competent in the use of modern navigational and fish-detecting equipment and be skilled in the rigging and repair of bottom trawls.

3.3.3 At least one other members of the crew shall have a minimum of three years of experience in otter trawl fishing and demonstrated experience in building, rigging, repairing and operating bottom trawls. They must possess demonstrated competence for repairing damaged trawls to their original specifications based on a net plan.

3.3.4 Offerors shall include documentation indicating pertinent employment experience for each crew member indicating the requisite experience. Similar documentation will be submitted to the Contracting Officer’s Representative for approval of all replacement personnel propose for hire during the charter.

3.4 Safety

All U.S. flag vessels chartered by NOAA shall have and shall maintain for the duration of the charter a current Certificate of Inspection, valid for the vessel’s intended service, or a fishing vessel safety decal issued by the USCG as applicable. The vessels shall meet all safety, firefighting and lifesaving equipment requirements as found in applicable sections of Title 46 of the Code of Federal Regulations, Part 28. The vessels shall be outfitted with personal floatation devices and survival craft of sufficient number and capacity to accommodate all on

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7 | P a g e board including visiting scientific party and of the type required for a vessel of its size, class, and service in accordance with 46 CFR. The Government reserves the right to inspect the vessels for safety, firefighting and lifesaving capabilities in accordance with a memorandum of understanding between NMFS and the USCG prior to award and commencement of the charter. A pre-cruise orientation meeting aboard each vessel shall be conducted for the scientists and crew regarding the vessel’s safety, firefighting and lifesaving capabilities assigned responsibilities and procedures.

The vessel shall be of a design and shall be operated and maintained in a condition that warrants it seaworthy and stable in accordance with the American Bureau of Shipping’s Guide for Building and Classing Fishing Vessels and the 46 CFR, Part 28, Subchapter E as applicable, taking into consideration itinerant loads identified herein.

All vessels chartered by NOAA shall have stability information and instructions derived based on tests and calculations, in a format required by regulation applicable to the vessel’s size, type, and service.

The Contractor shall provide one or more of the following, reflecting the vessels current configuration, as evidence of the vessel being maintained in a seaworthy condition: evidence of a dry docking survey, or underwater survey in lieu of dry docking, and an internal structural examination within the two years prior to the initiation of the cruise; or proof of satisfactorily passing an inspection completed by the Contractors marine insurance carrier within one year of initiation of the cruise. The Government reserves the right to inspect the vessel’s material condition with respect to maintenance of vital systems, vessel configuration, and watertight integrity prior to award and commencement of the charter.

A navigational watch shall be maintained at all times while the vessel is at sea. The vessel must have an emergency source of electrical power, independent of the main source of electrical power, to provide power to emergency loads in accordance with USCG or SOLAS requirements for a vessel of its size, type, and service. At a minimum, the chartered vessel shall have a means to provide emergency power to the following equipment: emergency lighting, navigation equipment, navigation lights, general alarm systems, and emergency communication systems and equipment. The emergency source of electrical power must be capable of supplying connected emergency loads continuously for at least three hours and must be located in a space or locker other than the engine room. Batteries of sufficient size and capacity may serve as an adequate source of emergency power.

4.0 GOVERNMENT FURNISHED PROPERTY

4.1 The government will provide two trawl nets for this study. The net diagram is shown in Appendix A. It is the responsibility of the vessel to provide adequate/appropriate doors, legs, and ground gear to rig the net for longfin squid fishing.

4.2 The government will provide immersion suits for all scientists. It is the responsibility of the vessel to provide suits for their crew and a sufficient life raft to hold all personnel aboard the vessel.

4.3 The Government will provide up to three scientists to record catch data and oversee the data collection process.

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5.0 DELIVERABLES

Following is a schedule of administrative deliverables required during the period of performance of this contract:

Item Description Quantity Due Date Delivery to Reference

Structural Inspection Verification 1 EA

With Quote COR/CO

Section I, SOW, Para 3.6

Stability Letter, if applicable 1 EA

Within 5 days of award COR/CO

Section I, SOW, Para 3.5

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6.0 APPENDIX A

. 2 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(Reference 52.212-1)

. 3 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical capabilities, past performance and price.

___________________________________________ [Contracting Officer shall insert the significant evaluation factors, such as

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

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

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

(End of Provision)

. 4 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

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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".

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"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

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(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)

(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/ or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

(c) Offerors must complete the following representations when the resulting contract is to 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.

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(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126;

and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:

__________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated…