RFP_Draft.docx

FA4890-17-R-0013

Section SF 1449 - CONTINUATION SHEET

SECTION 2

1. Block 17b -- REMITTANCE ADDRESS

If the remittance address is different from the mailing address, enter the remittance address below. Failure to provide this information may impact payment.

2. ELECTONIC FUNDS TRANSFER (EFT) ADDRESS:

(Information to be completed by the contractor)

3. Block 18b: The contractor shall route invoices electronically through Wide Area Work Flow (WAWF) (https://wawf.eb.mil/) IAW DFARS 252.232-7003. WAWF submissions shall be in the Combination Invoice/Receiving Report format. When submitting an invoice for payment under a “Cost Reimbursable CLIN/SLIN”, please include any required supporting backup data (receipts) as an attachment to the Combination Invoice/Receiving Report directly in the WAWF system.

4. Blocks 19-24: See Section 3 for Schedule of Supplies and Services

5. Block 25: Accounting and Appropriation Data to be included upon contract award.

6. This contract is expected to be awarded on or about ______ 2017. The Government intends to award the basic contract period, subject to the availability of funds, in accordance with FAR 52.232-18. Funding for the base period of performance is expected on _______ 2017.

7. Additional Required Information: In addition to the information requested in blocks 12, 17(a-b), 23, 24, and 30(a-c) of the SF 1449, please provide the following:

POINT OF CONTACT: _______________________________________________________________

PHONE: ________________________________

SMALL BUSINESS: ___________ TYPE SB: __________

TIN# ________________________________________

DUNS# ____________________________________

CAGE CODE: ________________________________

REGISTERED IN SAM as a SMALL BUSINESS UNDER NAICS 611512: YES: _______ NO: ________

8. SAM Representations and Certifications complete and registered as a SB under NAICS 611512 as of the date of this solicitation: YES: _______ NO: ________

Address all questions to both pocs listed below:

Capt Hannah Kosirog, hannah.kosirog.1@us.af.mil (757) 225-2153 Ms. Imelda A. Reantaso, imelda.reantaso.1@us.af.mil (757) 225-5797

ACC AMIC/PKB

129 Andrews St., Suite 110 Joint Base Langley-Eustis, VA 23665-2788

SECTION 2 CONTINUED – TABLE OF CONTENTS

SECTION 3

Schedule of Supplies/Services

Phase-in (RQ4)

FFP

Non-personal service: Phase-in for RQ-4 Contract Aircrew Training (CAT) and Courseware Development (CWD) services at Beale AFB, CA and Grand Forks, ND IAW the PWS. Period of performance is 01 Dec 2017 – 31 Jan 2018 FOB: Destination

NET AMT

Phase-in (U2/T38)

Non-personal service: Phase-in for U-2/T-38 Contract Aircrew Training (CAT) and Courseware Development (CWD) services at Beale AFB, CA IAW the PWS. Period of performance is 01 Aug 2018 – 30 Sep 2018

NET AMT

RQ4 CAT Base Year

Non-personal service: Base Year. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform RQ-4 Contract Aircrew Training (CAT) in accordance with the PWS. Period of performance is 01 Feb 2018 – 31 Jan 2019

NET AMT

RQ4 CWD Base Year

Non-personal service: Base Year. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform RQ-4 Courseware Development (CWD) in accordance with the PWS. Period of performance is 01 Feb 2018 – 31 Jan 2019

NET AMT

U2/T38 CAT Base Year

Non-personal service: Base Year. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform U-2/T-38 Contract Aircrew Training (CAT) in accordance with the PWS. Period of performance is 01 Oct 2018 – 31 Jan 2019

NET AMT

U2/T38 CWD Base Year

Non-personal service: Base Year. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform U-2/T-38 Courseware Development (CWD) in accordance with the PWS. Period of performance is 01 Oct 2018 – 31 Jan 2019

NET AMT

RQ4 Travel Base Year (NTE)

COST

Nonpersonal Service: Base Year. NOT TO EXCEED COST REIMBURSABLE TRAVEL In the event the Government requests the contractor to travel in performance of this contract, the contractor will be reimbursed under this CLIN. Prior to scheduled travel, the COR shall authorize the travel in writing. Travel will be invoiced monthly as needed. Contractor shall attach all receipts to the WAWF invoice for payment. The contractor shall notify the Government when 80% of the funded amount has been expended. Travel costs will be reimbursed IAW the most current Federal Travel Regulation and FAR 32.205-46. NTE $10,000.00. Period of performance is 01 Feb 2018 – 31 Jan 2019

ESTIMATED COST

U2/T38 Travel Base Year (NTE)

COST

Nonpersonal Service: Base Year. NOT TO EXCEED COST REIMBURSABLE TRAVEL In the event the Government requests the contractor to travel in performance of this contract, the contractor will be reimbursed under this CLIN. Prior to scheduled travel, the COR shall authorize the travel in writing. Travel will be invoiced monthly as needed. Contractor shall attach all receipts to the WAWF invoice for payment. The contractor shall notify the Government when 80% of the funded amount has been expended. Travel costs will be reimbursed IAW the most current Federal Travel Regulation and FAR 32.205-46. NTE $10,000.00. Period of performance is 01 Oct 2018 – 31 Jan 2019

ESTIMATED COST

FFP

Non-personal service: Option Year 1. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform RQ-4 Contract Aircrew Training (CAT) in accordance with the PWS. Period of performance is 01 Feb 2019 – 31 Jan 2020

NET AMT

FFP

Non-personal service: Option Year 1. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform RQ-4 Courseware Development (CWD) in accordance with the PWS. Period of performance is 01 Feb 2019 – 31 Jan 2020

NET AMT

FFP

Non-personal service: Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform U-2/T-38 Contract Aircrew Training (CAT) in accordance with the PWS. Period of performance is 01 Feb 2019 – 31 Jan 2020

NET AMT

FFP

Non-personal service: Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform U-2/T-38 Courseware Development (CWD) in accordance with the PWS. Period of performance is 01 Feb 2019 – 31 Jan 2020

NET AMT

COST

Nonpersonal Service: Option Year 1. NOT TO EXCEED COST REIMBURSABLE TRAVEL In the event the Government requests the contractor to travel in performance of this contract, the contractor will be reimbursed under this CLIN. Prior to scheduled travel, the COR shall authorize the travel in writing. Travel will be invoiced monthly as needed. Contractor shall attach all receipts to the WAWF invoice for payment. The contractor shall notify the Government when 80% of the funded amount has been expended. Travel costs will be reimbursed IAW the most current Federal Travel Regulation and FAR 32.205-46. NTE $10,000.00. Period of performance is 01 Feb 2019 – 31 Jan 2020

ESTIMATED COST

COST

Nonpersonal Service: Option Year 1. NOT TO EXCEED COST REIMBURSABLE TRAVEL In the event the Government requests the contractor to travel in performance of this contract, the contractor will be reimbursed under this CLIN. Prior to scheduled travel, the COR shall authorize the travel in writing. Travel will be invoiced monthly as needed. Contractor shall attach all receipts to the WAWF invoice for payment. The contractor shall notify the Government when 80% of the funded amount has been expended. Travel costs will be reimbursed IAW the most current Federal Travel Regulation and FAR 32.205-46. NTE $10,000.00. Period of performance is 01 Feb 2019 – 31 Jan 2020

ESTIMATED COST

FFP

Non-personal service: Option Year 2. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform RQ-4 Contract Aircrew Training (CAT) in accordance with the PWS. Period of performance is 01 Feb 2020 – 31 Jan 2021

NET AMT

FFP

Non-personal service: Option Year 2. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform RQ-4 Courseware Development (CWD) in accordance with the PWS. Period of performance is 01 Feb 2020 – 31 Jan 2021

NET AMT

FFP

Non-personal service: Option Year 2. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform U-2/T-38 Contract Aircrew Training (CAT) in accordance with the PWS. Period of performance is 01 Feb 2020 – 31 Jan 2021

NET AMT

FFP

Non-personal service: Option Year 2. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform U-2/T-38 Courseware Development (CWD) in accordance with the PWS. Period of performance is 01 Feb 2020 – 31 Jan 2021

NET AMT

COST

Nonpersonal Service: Option Year 2. NOT TO EXCEED COST REIMBURSABLE TRAVEL In the event the Government requests the contractor to travel in performance of this contract, the contractor will be reimbursed under this CLIN. Prior to scheduled travel, the COR shall authorize the travel in writing. Travel will be invoiced monthly as needed. Contractor shall attach all receipts to the WAWF invoice for payment. The contractor shall notify the Government when 80% of the funded amount has been expended. Travel costs will be reimbursed IAW the most current Federal Travel Regulation and FAR 32.205-46. NTE $10,000.00. Period of performance is 01 Feb 2020 – 31 Jan 2021

ESTIMATED COST

COST

Nonpersonal Service: Option Year 2. NOT TO EXCEED COST REIMBURSABLE TRAVEL In the event the Government requests the contractor to travel in performance of this contract, the contractor will be reimbursed under this CLIN. Prior to scheduled travel, the COR shall authorize the travel in writing. Travel will be invoiced monthly as needed. Contractor shall attach all receipts to the WAWF invoice for payment. The contractor shall notify the Government when 80% of the funded amount has been expended. Travel costs will be reimbursed IAW the most current Federal Travel Regulation and FAR 32.205-46. NTE $10,000.00. Period of performance is 01 Feb 2020 – 31 Jan 2021

ESTIMATED COST

FFP

Non-personal service: Option Year 3. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform RQ-4 Contract Aircrew Training (CAT) in accordance with the PWS. Period of performance is 01 Feb 2021 – 31 Jan 2022

NET AMT

FFP

Non-personal service: Option Year 3. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform RQ-4 Courseware Development (CWD) in accordance with the PWS. Period of performance is 01 Feb 2021 – 31 Jan 2022

NET AMT

FFP

Non-personal service: Option Year 3. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform U-2/T-38 Contract Aircrew Training (CAT) in accordance with the PWS. Period of performance is 01 Feb 2021 – 31 Jan 2022

NET AMT

FFP

Non-personal service: Option Year 3. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform U-2/T-38 Courseware Development (CWD) in accordance with the PWS. Period of performance is 01 Feb 2021 – 31 Jan 2022

NET AMT

COST

Nonpersonal Service: Option Year 3. NOT TO EXCEED COST REIMBURSABLE TRAVEL In the event the Government requests the contractor to travel in performance of this contract, the contractor will be reimbursed under this CLIN. Prior to scheduled travel, the COR shall authorize the travel in writing. Travel will be invoiced monthly as needed. Contractor shall attach all receipts to the WAWF invoice for payment. The contractor shall notify the Government when 80% of the funded amount has been expended. Travel costs will be reimbursed IAW the most current Federal Travel Regulation and FAR 32.205-46. NTE $10,000.00. Period of performance is 01 Feb 2021 – 31 Jan 2022

ESTIMATED COST

COST

Nonpersonal Service: Option Year 3. NOT TO EXCEED COST REIMBURSABLE TRAVEL In the event the Government requests the contractor to travel in performance of this contract, the contractor will be reimbursed under this CLIN. Prior to scheduled travel, the COR shall authorize the travel in writing. Travel will be invoiced monthly as needed. Contractor shall attach all receipts to the WAWF invoice for payment. The contractor shall notify the Government when 80% of the funded amount has been expended. Travel costs will be reimbursed IAW the most current Federal Travel Regulation and FAR 32.205-46. NTE $10,000.00. Period of performance is 01 Feb 2021 – 31 Jan 2022

ESTIMATED COST

FFP

Non-personal service: Option Year 4. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform RQ-4 Contract Aircrew Training (CAT) in accordance with the PWS. Period of performance is 01 Feb 2022 – 31 Jan 2023

NET AMT

FFP

Non-personal service: Option Year 4. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform RQ-4 Courseware Development (CWD) in accordance with the PWS. Period of performance is 01 Feb 2022 – 31 Jan 2023

NET AMT

FFP

Non-personal service: Option Year 4. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform U-2/T-38 Contract Aircrew Training (CAT) in accordance with the PWS. Period of performance is 01 Feb 2022 – 31 Jan 2023

NET AMT

FFP

Non-personal service: Option Year 4. Contractor to provide all personnel, equipment, tools, materials, supervision, all other items and services that are required to perform U-2/T-38 Courseware Development (CWD) in accordance with the PWS. Period of performance is 01 Feb 2022 – 31 Jan 2023

NET AMT

COST

Nonpersonal Service: Option Year 4. NOT TO EXCEED COST REIMBURSABLE TRAVEL In the event the Government requests the contractor to travel in performance of this contract, the contractor will be reimbursed under this CLIN. Prior to scheduled travel, the COR shall authorize the travel in writing. Travel will be invoiced monthly as needed. Contractor shall attach all receipts to the WAWF invoice for payment. The contractor shall notify the Government when 80% of the funded amount has been expended. Travel costs will be reimbursed IAW the most current Federal Travel Regulation and FAR 32.205-46. NTE $10,000.00. Period of performance is 01 Feb 2022 – 31 Jan 2023

ESTIMATED COST

COST

Nonpersonal Service: Option Year 4. NOT TO EXCEED COST REIMBURSABLE TRAVEL In the event the Government requests the contractor to travel in performance of this contract, the contractor will be reimbursed under this CLIN. Prior to scheduled travel, the COR shall authorize the travel in writing. Travel will be invoiced monthly as needed. Contractor shall attach all receipts to the WAWF invoice for payment. The contractor shall notify the Government when 80% of the funded amount has been expended. Travel costs will be reimbursed IAW the most current Federal Travel Regulation and FAR 32.205-46. NTE $10,000.00. Period of performance is 01 Feb 2022 – 31 Jan 2023

ESTIMATED COST

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-JAN-2018

KEVIN RIEBSAM

205 DODD RD, SUITE 101

LANGLEY AFB VA 23665

764-4433

F2QF26

30-SEP-2018

F2QF26

31-JAN-2019

F2QF26

31-JAN-2019

F2QF26

31-JAN-2019

F2QF26

31-JAN-2019

F2QF26

31-JAN-2019

F2QF26

31-JAN-2019

F2QF26

31-JAN-2020

F2QF26

31-JAN-2020

F2QF26

31-JAN-2020

F2QF26

31-JAN-2020

F2QF26

31-JAN-2020

F2QF26

31-JAN-2020

F2QF26

31-JAN-2021

F2QF26

31-JAN-2021

F2QF26

31-JAN-2021

F2QF26

31-JAN-2021

F2QF26

31-JAN-2021

F2QF26

31-JAN-2021

F2QF26

31-JAN-2022

F2QF26

31-JAN-2022

F2QF26

31-JAN-2022

F2QF26

31-JAN-2022

F2QF26

31-JAN-2022

F2QF26

31-JAN-2022

F2QF26

31-JAN-2023

F2QF26

31-JAN-2023

F2QF26

31-JAN-2023

F2QF26

31-JAN-2023

F2QF26

31-JAN-2023

F2QF26

31-JAN-2023

F2QF26

SECTION 4

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

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

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision --

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

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

“Civil judgment” means—

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

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

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

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

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

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

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

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business…