FA2823-17-R-4025_Combo_Amendment_0002.docx

Combined Solicitation/ Synopsis Automatic Door Services Solicitation Number FA2823-17-R-4025-0002

The Air Force Test Center, Installation Operational Contracting Division, Eglin AFB, Florida intends to solicit and award a firm-fixed price maintain and repair and inspection of automatic doors services located on Eglin AFB and its outlying areas. The contractor shall provide all supervision, management, personnel, equipment, transportation, materials, and any other resource or service necessary to conduct Performance Maintenance Inspections (PMIs) service, maintain, and repair Automatic Door Services as defined in the Performance Work Statement (PWS) dated 12 April 2017 except for those items specified as Government furnished property and services. This is a combined synopsis/solicitation for commercial items prepared under Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures as supplemented with additional information included in this notice. This announcement for solicitation number FA2823-17-R-4025 constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

All FAR references are based off of FAC 2005-95, Effective 19 Jan 2017 and include FAC 2005-94 effective 19 Jan 2017.

The associated NAICS code is code is 23890 with a Small Business Size Standard of $15 million.

Set-Aside notice. Who Can Participate? This solicitation is a total 100% small business set-aside for concerns eligible under small business program. Refer to FAR Clause 52.219-6, Notice of Total Small Business Set-Aside, accessible via the internet at http://farsite.hill.af.mil.

FAR 52.232-18, Availability of Funds, applies to this solicitation. Funds are not presently available for this effort. No award will be made under this combined synopsis/solicitation until certified funds are available. The Government reserves the right to cancel this solicitation, before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

Please review this solicitation in its entirety including solicitation attachments listed below and provided herein and submit an offer for all automatic door services required in attachment one (1) PWS dated 19 Apr 2017; as indicated in this solicitation (Note: additional instructions are also included in provision FAR 52.212-1 and Addendum to FAR 52.212-1).

Specific offer submission instructions and instructions for submitting questions, responses, exceptions to terms and conditions, amendment acknowledgement, and discrepancies may be referenced at the Addendum to FAR 52.212-1 provided herein.

Table of Attachments:

PROVISIONS AND CLAUSES

PROVISIONS INCORPORATED BY REFERENCE

PROVISIONS INCORPORATED BY FULL TEXT

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 this address: http://farsite.hill.af.mil.

(End of Provision) FAR 52.212-1 and Addendum to 52.212-1 – Instructions to Offerors- Commercial Items (Jan 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for until 03 October 2017 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

Addendum to 52.212-1 – Instructions to Offerors-Commercial Items (Oct 2015) THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY REFERENCE INTO ANY RESULTANT CONTRACT.

Your attention is directed to the functional relationship between FAR 52.212-1, Instructions to Offerors – Commercial Items and FAR 52.212-2 Evaluation – Commercial Items. FAR 52.212-1 provides information for the purpose of organizing and submitting an offer and is not intended to be all-inclusive. FAR 52.212-2 describes evaluation factors and the basis of award, to include the evaluation procedures for responsiveness to the solicitation, ranking of price, and evaluation of non-price factors. PROPOSALS THAT DO NOT CONTAIN THE INFORMATION REQUESTED BY THIS PROVISION RISK ELIMINATION.

I. OFFEROR PREPARATION INSTRUCTIONS

A. General.

1. Adherence to Instructions: The offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including but not limited to the terms and conditions, representations and certifications, pricing, and past performance requirements. Failure to meet a requirement may render an offer being determined non-responsive and result in the offer being ineligible for award.

2. Exceptions to Terms and Conditions: Offerors shall identify and explain any exception, deviation, or assumption to the solicitation terms and conditions and provide accompanying rationale. Offerors are cautioned that it is not the Government’s intent to incorporate the offeror’s proposal in the resulting award.

3. Amendment Acknowledgement. The Government reserves the right to revise or amend the solicitation and attachments prior to the offer closing time. Such amendments will be issued electronically by email. If such amendments require material changes in quantities that may affect pricing, the offer closing date may be postponed by enough days to enable offerors to revise their quotations. In such cases, the amendment will include an announcement of the new closing date and time. The offeror MUST acknowledge all amendments issued. Sign, acknowledge, and submit the original amendment for all amendments issued with the offer.

4. Discrepancies. If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer in writing with supporting rationale as well as the remedies the offeror is asking the Contracting Officer to consider as related to the omission or error. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

5. Questions/Inquiries: The contracting officer listed below is the Government’s sole point of contact for this acquisition. If necessary, all questions, request for clarifications and/or information concerning this solicitation shall be received in writing by email at the following email addresses no later than Wednesday, August 9, 2017, 10:00 AM CST. The decision whether to respond to questions and requests for clarification made after Wednesday, August 9, 2017, 10:00 AM CST will be at the sole discretion of the Contracting Officer. Questions received timely and subsequent Government responses will be posted to the Government point of entry system https://www.fbo.gov/ as an Amendment to this solicitation notice. Offerors are responsible for monitoring the government point of entry system for updates. If no questions are submitted, the Government will assume that the offerors fully understand all requirements of this notice. Emails must be received by the Contracting Officer: Ms. Carrie Eastburn, carrie.eastburn@us.af.mil and Contract Specialist: Ms. Victoria Thomas, victoria.thomas.6@us.af.mil on the date and time specified above.

6. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications.

7. Offerors are cautioned to submit sufficient information and in the format specified herein. Offeror’s may be asked to clarify certain aspects of their offer.

B. Base Pass Supplemental Information. Effective 7-Jun-2017, personnel seeking access onto Eglin using a state identification issued from Alaska, Kentucky, Oklahoma, Oregon, Pennsylvania, S. Carolina, Virginia, or Washington will no longer be authorized access without providing an alternate identification credential.** Additional information may be found below at 5352.242-9000 Contractor Access to Air Force Installations

C. Specific Instructions.

1. Offer Preparation Instructions. This section of the offer preparation instructions prescribes the format of the offer. The offeror shall submit a clear and complete offer, and include only information that is relevant to this acquisition.

2. System for Award Management (SAM): Paragraph (k) of 52.212-1 is revised as follows: By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database not later than 7 days following the date and time established for receipt of offers, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

3. Submission of offers: Electronic Submission of offers are required and shall be received via email. Offers shall be received in writing by the following: Contract Specialist, Ms. Victoria Thomas at victoria.thomas.6@us.af.mil and the Contracting Officer, Ms. Carrie Eastburn, carrie.eastburn@us.af.mil not later than 10:00 AM central time Wednesday, 23 August, 2017. Offerors shall submit a clear and complete quotation, and include only information that is relevant to this notice. Quotation shall be formatted as follows: Subject: FA2823-17-R-4025/Company Name/Email X of X (insert number of the email and total number of emails).

4. File Size. Individual emails shall not exceed 4MB in size. Offerors shall submit multiple emails as necessary to stay under the 4MB limit. Failure to stay under this limit may cause a rejection of the email.

5. Offer Requirements. The following, completed information (as well as any additional items included below in FAR 52.212-1 and Addendum to 52.212-1 – Instructions to Offerors- Commercial Items (Jan 2017) shall be included with each offer:

1) The name, address, telephone number and email address of the offering firm’s point of contact;

2) Discount Terms (for payments prior to Net 30, if applicable);

3) CAGE Code and DUNS number;

4) Offeror/Remittance Address. *Remittance Address, if different from the offeror’s address;

5) Representations/Certifications. Completion of the necessary fill-ins, representations and certifications as set forth in the solicitation (FAR 52.212-3; DFARS 252.203-7005

6) 252.209-7999 and Teaming Agreement information (if applicable): Subcontractor Name, Cage Code, DUNS number;

7) Attachment 3, Vendor Price Schedule - see paragraph 6 below;

8) Technical –Certification from American Association of Automatic Door Manufacturers (AAADM) - see paragraph 7 below;

9) Past Performance Summary – see paragraph 8 below

10) Past Performance Questionnaires see paragraph 8 below, to be submitted by references only

6. Price. Offerors shall provide a Firm-Fixed-Price (FFP) for all items listed in Attachment 3, Vendor Price Schedule. Note: Attachment 3, Vendor Price Schedule, Prices for replacement Parts CLINs XXX3 are provided as an estimated amount (plug value) of $10,000.00. Any offer that fails to provide a price for each item’s unit price and amount, or fails to make an entry that indicates service will be provided at no charge may be rejected as nonconforming/non responsive to this solicitation. The offeror’s price shall include all management, personnel, tools, supplies, equipment, transportation, material, facilities, and other resources required to meet the Government requirements in the Performance Work Statement (PWS), dated 12-April-2017. Only FFP offers will be evaluated. An offer including a price based on any contingency will not be accepted.

7. Technical. Offerors shall submit a copy of its active Certification from American Association of Automatic Door Manufacturers (AAADM) for all contractor personnel who will perform the requirements of this acquisition. *Contractors are required to meet and maintain the minimum required qualifications in the PWS and the Government reserves the right to request verification at any time throughout the life of this contract.

8. Past Performance. (1) Past Performance Summary. The offeror shall submit a maximum of three (3) total references as their past performance summary. Offerors shall provide recent and relevant past performance information on completed or current contracts (including Federal, State, local government and private) to demonstrate their ability to perform the proposed work as identified within the Performance Work Statement (PWS). For the purpose of this solicitation, recency is defined as performance occurring within the last three (3) years / 36 Months from the period of this solicitation release date. For the purpose of this solicitation, relevancy is defined as (1) direct performance in providing Performance Maintenance Inspections (PMIs) service, maintenance, and (2) repair of Automatic Door Services and (3) performance on contracts providing the above listed Automatic Door Services with a minimum total value (including options) of $50,000. An offeror is not required to demonstrate all three elements above in each individual reference to be determined relevant, providing all three elements exist within all reference. Note: References in excess of three (3) will not be read or evaluated and will be removed from the offer.

a) Past performance may be demonstrated (if recent and relevant) through the prime and subcontractor providing the subcontractor will perform a minimum of25% of the requirement. Past Performance Information obtained will be used both for the responsibility determination and the best value determination.

b) Offerors with no recent and relevant past or present performance history shall indicate this via written statement.

c) Summary Detail. Page limitation, each past performance reference/narrative shall not exceed two pages (for a total of six pages for the three requested references). For each provided past performance reference, the offeror shall provide a narrative to explain what aspects of each reference are deemed recent and relevant. Additionally, each reference in the summary shall include:

a) Name of project (Contract number, if applicable);

b) Name and address of customer or Government agency;

c) Name, telephone, fax number and/or email of customer contact or contracting officer;

d) Total Dollar value;

e) Period of performance/Completion date;

f) Brief description of work performed, and why the effort is relevant;

g) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

(2) Past Performance Questionnaire. Offerors shall send out, coordinate and track the completion of Attachment 4 - Past Performance Questionnaire for each reference point of contact identified as past performance references in the offeror’s past performance summary (above paragraph (1)). The responsibility to timely send out, coordinate and track the completion of the Past Performance Questionnaire rests solely with the offeror. The offeror shall exert its best efforts to ensure the points of contact submit completed Past Performance Questionnaires directly to the Contracting Officer/Contract Specialist as specified on the Past Performance Questionnaire by the closing date of the solicitation.

a) Evaluation Process. Evaluation of offers will be completed in accordance with FAR 13.106-2, and Price Reasonableness will be determined in accordance to FAR 13.106-3(a).

i. Initially all offers will be screened to ensure the offer conforms to the solicitation requirements to determine responsiveness.

ii. Next, all offeror’s prices will be ranked in order of total evaluated price from lowest to highest price. The responsive, lowest price offeror will be assessed to determine contractor responsibility in accordance with FAR 9.104.

iii. Next, the responsive, lowest price offer from an offeror determined responsible will be evaluated to determine price reasonableness in accordance with FAR 13.106-3(a). If the price is determined reasonable, the offer will be evaluated for technical acceptability. If the price is not determined reasonable, the next responsive, lowest priced offer from a responsible contractor, whose price is determined fair and reasonable will be evaluated for technical acceptability.

a. What constitutes technically acceptability?

Table 1-Technical Rating

iv. The next responsive, lowest price offer from a responsible contractor, whose price is determined fair and reasonable with a technically acceptable offer will be evaluated for acceptable past performance by initially determining if the offeror’s past performance included in the past performance summary is recent, and relevant or not relevant to the effort to be acquired. Then, the offeror’s past performance will be assessed to determine how well the offeror performed.

Table 2-Past Performance Rating

v. This process will continue until the Government has evaluated and determined the responsive, lowest priced offer from a responsible offeror providing a reasonable price determined technically acceptable with acceptable past performance and this offer will represent the best value to the Government. A contract will be established with this offeror without further consideration of any other offers.

D. Basis for Award. This acquisition is being conducted using Simplified Acquisition Procedures under the authority of FAR 13.5 – Simplified Acquisitions for Certain Commercial Items. The Government will establish one contract resulting from this solicitation to the responsible offerors whose offer conforming to the solicitation will be most advantageous to the Government price and other factors considered.

(End of Provision) 52.212-3 – Offeror Representations and Certifications – Commercial Items The offeror shall complete only paragraphs (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 http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision-- “Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

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

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

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

(i) The Fair Labor Standards Act;

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

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

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

(vi) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

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

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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.

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

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

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

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB…