Combined_Synopsis_Solicitation_-_RMC.pdf

Referral Management Center Administrator Solicitation #: FA5209-17-Q-1018

Notice Type: Combined Synopsis/Solicitation

Request for Proposal (RFP) – Referral Management Administrator for 374 MDG Yokota AB, Japan

Requesting Agency: 374th Medical Group/SGSM, Yokota AB Hospital

Bldg. 4408, Yokota Air Base, Fussa-shi, Tokyo 197-0001 Japan

Purchasing Agency: 374th Contracting Squadron/LGCB

Bldg. 620, Yokota Air Base, Fussa-shi, Tokyo 197-0001 Japan

1. This is a combined synopsis/solicitation for a commercial service prepared in accordance with Federal

Acquisition Regulation (FAR), subpart 12.6 and 13.5, supplemented with information included in this notice. This announcement constitutes the solicitation and is a Request for Quotation (RFQ).

2. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-95 and DFARS Publication Notice 20161222.

3. SERVICE DESCRIPTION: This service is for the scheduling of internal appointments for patients of the 374th MDG. The contractor will provide (1) Referral Management Center Administrative Technician to provide services required for Government beneficiaries. In addition, the contractor will be required to assist with scheduling appointments and communicating with other military treatment centers and facilitate beneficiary referral requirements as needed. For detailed information, refer to Attachment 1 – Performance Work Statement.

4. The NAICS code for this acquisition is 621399, Other Miscellaneous Health Practitioners.

5. There is no set aside for this RFQ in accordance with FAR 19.000(a) as this contract will be performed solely in Japan.

6. PERFORMANCE PERIOD:

Base Year Period of Performance: 28 Sep 2017 - 27 Sep 2018 Option Year 1 Period of Performance: 28 Sep 2018 - 27 Sep 2019 Option Year 2 Period of Performance: 28 Sep 2019 - 27 Sep 2020 Option Year 3 Period of Performance: 28 Sep 2020 - 27 Sep 2021

Option Year 4 Period of Performance: 28 Sep 2021 - 27 Sep 2022

7. Site Visit: There will be no site visit conducted for this requirement.

8. Submission of Solicitation: Solicitation must be signed, dated and submitted not later than 22 June

2017, 1200 hours Japan Standard Time (JST) by: e-mail (see below email addresses); fax to 042- 551-3319 or 011-81-42-530-3319 (from the United States); postal mail or hand carried to:

374 CONS: ATTN SSgt Thaddeus Faxon Unit 5228, Bldg. 620, Yokota Air Base Fussa-shi, Tokyo, 197-0001

SSgt Thaddeus Faxon, Jr. Thaddeus.Faxon@us.af.mil Comm: 011-81-31175-6074 Ms. Elizabeth Johnson Elizabeth.Johnson.25@us.af.mil Comm: 011-81-31175-9241 mailto:Thaddeus.Faxon@us.af.mil mailto:Elizabeth.Johnson.25@us.af.mil

9. Applicable Clauses and Provisions: Incorporated by Reference

52.203-3 Gratuities APR 1984 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7011 Alternative Line Item Structure SEP 2011 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.215-7008 Only One Offer OCT 2013 252.216-7007 Economic price adjustment--basic steel, aluminum, brass, bronze, or copper mill products-representation

MAR 2012

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

OCT 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7007 Limitation Of Government's Obligation APR 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

10. Applicable Clauses and Provisions: Incorporated by Full Text

FAR 52.212-1 Instruction to Offerors – Commercial Items and Addendum 52.212-1

Addenda to FAR 52.212-1 Instructions to Offerors - Commercial Items (Jan 2017)

(a) Paragraphs 52.212-1(b), Submission of offers, and 52.212-1(f), Late submissions, modifications, revisions, and withdrawals of offers, are deleted in their entirety and replaced with 52.215-1(c), Submission, modification, revision, and withdrawal of quotations, by reference.

(b) Para. 52.212-1(c), Period for Acceptance of Offers, is tailored as follows: “The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers.”

(c) The following is inserted as new paragraph (m) of the provision:

(m) Quotation Preparation Instructions:

To assure timely and equitable evaluation of quotations, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts; Part I - Summary and Miscellaneous Data, Part II - Price Quotation, and Part III - Technical Quote.

A. PART I – SUMMARY AND MISCELLANEOUS DATA. Submit 1 original/ digital copy.

1. The offeror shall provide a concise summary and table of contents of the entire quotation.

2. Price Schedule. Offeror must provide pricing schedule for the total contract performance.

In doing so, the offeror accedes to the terms and conditions as written in the solicitation.

3. Complete the necessary fill-ins and certifications in provisions and in the on-line

Representations and Certifications at www.sam.gov. Return the provision FAR 52.212- 3, Offeror Representations and Certifications – Commercial Items (Attachment 3), along with the quotation. For other provisions and clauses in the solicitation, the offeror is required to submit the pages that require an offeror fill-in.

4. Submit an acknowledgment of the all solicitation amendments, if issued.

5. If applicable, provide a copy of the letter from the Small Business Administration

(SBA) showing proof of Section 8(a) status.

6. If none proposed, submit an Affirmation of no Exceptions, Deviations, or Waivers.

B. PART II – PRICE QUOTATION - Submit original plus one copies.

1. This Price Schedule shall contain a completed Schedule of Supplies/Services, continuation sheets of price quotation.

2. Insert proposed unit price(s) and extended amount(s) in the contractor’s Schedule of

Supplies/Services for item or service. The extended amount must equal the unit price multiplied by the number of units. It is imperative that mathematical calculations are correct; particular care should be taken to ensure the amounts match when using the EXCEL program and the rounding of figures, limited to two decimal places.

3. Extreme care should be exercised to ensure that no price data of any kind are included in any other Part of the quotation.

C. PART III – TECHNICAL QUOTE - Limited to no more than 5 pages. Submit original plus one digital copy.

Sub-factor 1 – Licensure (See Addendum to 52.212-2, paragraph (d)(1)) http://www.sam.gov/

1. Documents submitted in response to this RFQ must be consistent with the following:

i. Requirements of the solicitation (addressing in accordance with PWS and price schedule) and government standards and regulations pertaining to the PWS (see attachment 1).

ii. FAR 52.212-2, Evaluation – Commercial Items, of this solicitation.

iii. If a Part in a quotation exceeds the specified page limit cited in the Part Content, the excessive pages will not be evaluated.

2. Format for quotation Parts I and III shall be as follows:

i. Each written Part of the quotation shall be separately bound and labeled in standard three ring loose-leaf binders and clearly identified on the front and side. Each Part shall contain a Table of Contents, Cross References, and the List of Tables and Drawings (if applicable). Cover pages, Table of Contents, and Tabs will not be counted against the page limits. However, pages depicting tables, charts, graphs and figures will count toward the page limit. The number of copies of each part is specified in paragraph B, Specific Instructions, above.

ii. The quotations will be on 8 1/2” x 11” paper, except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”.

iii. A page is defined as one face of a sheet of paper containing information. Two pages may be printed on one sheet of paper.

iv. All printing shall be single-spaced and spacing characteristics are also applicable to charts and graphs.

v. Typing shall not be less than 10 pitch. Size of print is applicable to charts and graphs.

vi. Page margins shall be a minimum of 1 inch top, bottom, and each side.

vii. Although electronic submissions are preferred, optional paper submissions are acceptable. In addition to the paper copies specified for each Part, one electronic copy of each Part of the entire offer must be submitted. The electronic version of the quotation shall be submitted in a format readable by Microsoft Office 2013 which includes software programs such as WORD, EXCEL, or PowerPoint. For those pages of the quotation that cannot be submitted using Microsoft Office, or Adobe Acrobat portable document files (.pdf) format. The Price Part shall be submitted in spreadsheet format, such as EXCEL, and MS WORD for price narrative. The electronic version shall be submitted on a compact disc (CD). USB flash drives, floppy disks, and zip disks are not acceptable.

viii. Indicate on each CD the Part number and title. The paper copies and electronic versions shall be identical in all respects. In the event there are any discrepancies between the paper copies and electronic copies, the paper copies take precedence and will be used for evaluation. Ensure the electronic documents stored on the CD can be opened. Use separate files and folders to permit rapid location of all portions, including exhibits and attachments, if any. Replacement CDs will be required to update the final quotation resulting from any discussions and updates, if applicable.

ix. Offerors can also submit electronic copies of quotations via e-mail. Files are not to exceed 2MB. By submitting an electronic copy, offerors assume all risk of quotations not getting through security measures and firewalls. Only files created using Microsoft WORD, Microsoft EXCEL, and/or Adobe .pdf files will be accepted. No zip files will be accepted. If submitting quotations electronically, email the file(s) by the solicitation closing date and time to the following email addresses:

Thaddeus.Faxon@us.af.mil and Elizabeth.Johnson.25@us.af.mil.

x. Each Part shall be complete in itself and shall not reference information contained in other Parts. Page 1 of a Part is defined as the first page after the Table of Contents. All pages shall be numbered.

xi. Price data of any kind shall be presented only in the Price Quotation Part.

xii. Elaborate formats, bindings, and color presentations are not desired or required.

The following table summarizes the quotation submission:

xiii. Quotes must demonstrate a clear understanding of the nature and scope of the work required. Failure to provide a realistic, reasonable, and complete quote may reflect a lack of understanding of the requirements and may result in a determination that you are technically unacceptable. BPAs will be established with the responsible Contractors whose quotes conform to the requirements outlined in this RFQ and are most advantageous to the Government based on the best value determination.

xiv. The Government intends to establish BPAs without exchanges with offerors.

Consequently, Contractors are highly encouraged to offer their best technical and pricing quotes in their initial submissions. However, the Government reserves the right to discuss submissions with any or all contractors submitting a technical and price quote, if it is determined advantageous to the Government to do so. This statement is not to be construed to mean the Government is obligated to conduct exchanges.

xv. A Contractor may be eliminated from consideration for a BPA without further exchanges if its technical and/or pricing quotes are not among those Contractors considered most advantageous to the Government based on a best value determination.

PART TITLE ELECTRONIC

COPY

PAPER

COPY

PAGE

LIMIT DUE DATE

I Summary and Misc.

Data (File Name:

Part I)

1 1 5 22 Jun 17

II Price (File Name:

Part II)

5 22 Jun 17

III Technical (File Name: Part III) 1 1 5 22 Jun 17 mailto:Thaddeus.Faxon@us.af.mil mailto:Elizabeth.Johnson.25@us.af.mil

D. General Information: Although electronic submissions are encouraged, the following information applies to paper submission(s):

i. Information regarding submission of quotations: Hand carried or mailed quotations must be delivered to address listed in paragraph 8 on the first page of this notice.

ii. A sealed envelope or package used to submit your quotation must show the time and date specified for receipt, solicitation number, and the name and address of the offeror.

iii. Offerors are cautioned that Yokota Air Base has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance.

SOME DELAY SHOULD BE EXPECTED WHEN HAND-CARRYING

QUOTATIONS. Offerors should allow sufficient time to obtain a visitor pass and arrive at Bldg. 620 prior to the time specified for receipt. Late quotations will be processed in accordance with FAR 52.215-1(c)(3), “Submission, modification, revision, and withdrawal of quotations.”

E. FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by this base:

1st of January New Year's Day 3rd Monday of January Martin Luther King Jr's Birthday 3rd Monday of February Washington's Birthday Last Monday of May Memorial Day 4th of July Independence Day 1st Monday of September Labor Day 2nd Monday of October Columbus Day 11th of November Veterans Day 4th Thursday of November Thanksgiving Day 25th of December Christmas Day

Note: No Japanese holidays will be observed.

F. JOINT VENTURE AGREEMENTS. Joint Ventures are allowable on competitive 8(a) set-asides; however, the joint venture agreement must be received by SBA prior to quotation due date and approved before establishment of any resulting agreement. If you are contemplating a joint venture on this project, you must advise your assigned SBA Business Opportunity Specialist (BOS) as soon as possible. It is also recommended that the agreement be submitted as soon as practicable to ensure compliance with established regulations. Any corrections and/or changes needed can be made only when your BOS has adequate time for a thorough review before the quotation due date. No Corrections And/Or Changes Are Allowed After Time Of Submission Of Quotation Or Bids.”

(End of Addenda)

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

(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:

1. Price

2. Technical

(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)

ADDENDUM TO FAR 52.212-2, EVALUATION – COMMERCIAL ITEMS (JAN 1999)

The following is inserted as new paragraph (d) of the provision:

(d) BASIS FOR CONTRACT AWARD: This is a competitive source selection in which Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will be the best value to the Government and will be evaluated in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 13. Award will be made to the lowest Total Evaluated Price (TEP) offeror with acceptable technical ratings. The Government intends to award without discussions with respective offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest. The evaluation process will include the following:

(1) Price Evaluation Factor. The government will rank all offers by TEP. The price evaluation will document the fairness and reasonableness of the TEP.

Total Evaluated Price: A TEP will be computed for each offer in order to meet the requirements of FAR Parts 6 and

17. The price of a six-month extension authorized by 52.217-8, Option to Extend Services, will be added to the proposed price for each potential contract performance period.

The TEP is a two-part computation. First, the offeror’s total proposed price will be determined by multiplying the quantities identified in Section B by the unit price, limited to two decimal places, for each Contract Line Item Number (CLIN) to confirm the extended total amount for each CLIN; the sum of all extended amounts will be the offeror’s total proposed price. Second, the total proposed price (total amount for CLINs 0001-4001) plus the sum of Option to Extend Services clause 52.217-8 formula (shown below) will constitute the TEP.

The formula for the Option to Extend Services amount is as follows:

Base Year = CLIN Unit Amount x 6* Option Year 1 = CLIN Unit Amount x 6* Option Year 2 = CLIN Unit Amount x 6* Option Year 3 = CLIN Unit Amount x 6* Option Year 4 = CLIN Unit Amount x 6*

Note: *6 is the multiplicative factor used to derive the 6 months quantity value. When the unit is not month, CLIN quantity X 1/2 will be used to derive the 6 months quantity value.

Evaluating the Option CLINs does not obligate the government to exercise the Options.

(2) Technical Acceptability Factor - The government will evaluate technical proposals on a pass/fail basis and assign an Acceptable or Unacceptable rating as described in Table 1 below.

Table 1. Technical Ratings Rating Description

Acceptable Proposal meets the requirements of the solicitation and demonstrates proof and capability to meet regulations of Subfactor I.

Unacceptable Proposal does not meet the requirements of the solicitation and does not demonstrate proof and capability to meet regulations of Subfactor I.

The proposals will be evaluated against the following subfactor(s):

Subfactor I – Language Proficiency/Education/Experience:

a) Contract personnel shall read, understand, speak, and write English. TOEIC score of at least 730 or equivalent certificate is required for non-native English speakers.

b) Administrative Personnel: Administrative personnel shall possess a high school diploma or General Educational Development (GED) equivalency.

c) Experience: At least 12 months of experience working in a medical office.

Note: The technical proposal must pass all of the subfactors to be determined “Acceptable”. There will be no point scores assigned, only “Acceptable” or “Unacceptable”. In order to be considered “Acceptable”, there must be an “Acceptable” rating in every subfactor. Even if a proposal fails a subfactor, the evaluators will continue to assess the remaining portions of the proposal; the entire proposal must be evaluated. In order to be considered awardable, there must be an “Acceptable” rating in every subfactor. Only those proposals determined to be technically “Acceptable”, either initially or as a result of discussions, will be considered for award.

(3) Offerors are cautioned to submit sufficient information in accordance with 52.212-1, Instructions to Offerors – Commercial Items, of this solicitation. Offerors may be asked to clarify certain aspects of their proposals. Exchanges conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision. The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.

(4) Award will be made to the lowest priced offer, based on TEP that meets the acceptability standards for non-price factors.”

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 --https://www.sam.gov/portal

“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);

http://www.dol.gov/fairpayandsafeworkplaces

(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.

http://www.osha.gov/dcsp/osp/approved_state_plans.html

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

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

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

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

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

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

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

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

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

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

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

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

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

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line…