RFQ_FA527018QB049_-_FHP_Vector_Surveillance.pdf

RFQ No.: FA527018QB049

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REQUEST FOR QUOTATION (RFQ)

Number: FA527018QB049 Solicitation Issue Date: 25 Apr 2018

From: 18th Contracting Squadron To: All Qualified Interested Parties

Unit 5199, Bldg. 95 Your Company Name: _________________ Kadena Air Base, Japan

APO AP 96368

POC : Andrea Strong TEL: 634-2127(DSN), 098-938-1111, extension 634-2127 (Commercial) E-mail: andrea.strong@us.af.mil

Responses must be received NLT: 11 May 2018, 10:00am (Japan Standard Time)

Submit written offers only, oral offers will not be accepted. Please respond to this RFQ by providing the following information in this document and returning one (1) electronic copy (PDF format) to email above no later than specified time above.

This procurement is being solicited under the Federal Acquisition Regulations FAR Part 12, Commercial Items and FAR Part 13 Simplified Acquisition Procedures.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotes are being requested and a written solicitation will not be issued. The following commercial items are requested in this solicitation:

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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each ___________ __________

Andersen AB, Guam Andersen AB, Guam, conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT- PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

Performance Period: 1 year from date of contract

FOB: Destination

NET AMT

0002 1 Each ___________ __________ Kadena AB, Japan

Kadena AB, Japan conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT-PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

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0003 1 Each ___________ __________ Kunsan AB, Korea

Kunsan AB, Korea, conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT- PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

0004 1 Each ___________ __________ Misawa AB, Japan

Misawa AB, Japan conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT-PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

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0005 1 Each ___________ __________

Osan AB, Korea Osan AB, Korea, conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT- PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

0006 1 Each ___________ __________ Contingency Air Fields

Contingency Air Fields, conduct collected mosquito sample preparation and molecular methods analysis per vector specific agents.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

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Option 1

1 Each ___________ __________

Andersen AB, Guam Andersen AB, Guam, conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT- PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

Performance Period: 12 month option

1 Each ___________ __________

Kadena AB, Japan Kadena AB, Japan conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT-PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

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1 Each ___________ __________

Kunsan AB, Korea Kunsan AB, Korea, conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT- PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

1 Each ___________ __________

Misawa AB, Japan Misawa AB, Japan conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT-PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

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1 Each ___________ __________

Osan AB, Korea Osan AB, Korea, conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT- PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

1 Each ___________ __________

Contingency Air Fields Contingency Air Fields, conduct collected mosquito sample preparation and molecular methods analysis per vector specific agents.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

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Option 2

1 Each ___________ __________

Andersen AB, Guam Andersen AB, Guam, conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT-PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

1 Each ___________ __________

Kadena AB, Japan Kadena AB, Japan conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT-PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

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1 Each ___________ __________

Kunsan AB, Korea Kunsan AB, Korea, conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT-PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

1 Each ___________ __________

Misawa AB, Japan Misawa AB, Japan conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT-PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

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1 Each ___________ __________

Osan AB, Korea Osan AB, Korea, conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT-PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

1 Each ___________ __________

Contingency Air Fields Contingency Air Fields, conduct collected mosquito sample preparation and molecular methods analysis per vector specific agents.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

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Option 3

1 Each ___________ __________

Andersen AB, Guam Andersen AB, Guam, conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT-PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

1 Each ___________ __________

Kadena AB, Japan Kadena AB, Japan conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT-PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

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1 Each ___________ __________

Kunsan AB, Korea Kunsan AB, Korea, conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT-PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

1 Each ___________ __________

Misawa AB, Japan Misawa AB, Japan conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT-PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

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1 Each ___________ __________

Osan AB, Korea Osan AB, Korea, conduct collected mosquito sample preparation and provide long-term storage and molecular methods analyses (PCR/RT-PCR) per vector specific agents Plasmodium falciparum, Plasmodium vivax, dengue virus, Zika virus, Japanese encephalitis virus, and chikungunya virus, conduct nucleic acid sequencing of PCR/RT-PCR positive samples, and concurrent results reporting within quantities not to exceed a total of 1250 mosquito pool samples and 2500 PCR/RT-PCR and nucleic acid sequencing analytical tests from all six bases combined.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

1 Each ___________ __________

Contingency Air Fields Contingency Air Fields, conduct collected mosquito sample preparation and molecular methods analysis per vector specific agents.

In accordance with Statement of Work (SOW) Pacific Region Force Health Protection Vector-borne Disease Agent Surveillance, dated 4 April 2018

FFP

TOTAL AMT

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CLAUSES INCORPORATED BY REFERENCE.

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.225-14 Inconsistency Between English Version and Translation of Contract FEB 2000 52.228-3 Workers’ Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas APR 1984 52.232-18 Availability of Funds (APR 1984) 252.201-7000 Contracting Officer's Representative (DEC 1991) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016 252.204-7011 Alternative Line Item Structure SEP 2011 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OC 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.222-7002 Compliance with Local Labor Laws (Overseas) JUN 1997 .

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7041 Correspondence in English JUN 1997 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 252.232-7008 Assignment of Claims (Overseas) JUN 1997.

252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013) 252.244-7000 Subcontracts for Commercial Items JUN 2013

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

The quotation must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

SPECIFIC INSTRUCTIONS:

(a) Insert quoted unit and extended prices for all Contract Line Item Number (CLINs) for a basic year and all option years.

Submit one (1) copy.

(b) 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, 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. (Not required if registration in SAM)

GENERAL INFORMATION:

INFORMATION REGARDING SUBMISSION OF QUOTATION:

E-mail quotation is acceptable. Make sure to verify the confirm receipt E-mail from 18CONS Point of Contract. Offerors should allow sufficient time to E-mail. Late quotation s will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers.” Incomplete submission of quotation may not be considered for award.

QUOTATION AND QUESTION SUBMISSIONS:

All questions and the quotation must be submitted to:

18 CONS/PKB

Attn: Ms. Andrea Strong

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E-Mail: andrea.strong@us.af.mil Address:

Unit 5199, Bldg. 95

APO, AP 96368

Kadena Air Base, Okinawa, Japan

(End of Addendum)

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:

(i) Total price

(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.

Addendum to 52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Offerors-- Commercial Items, the offeror accedes to the terms of this model contract. Award will be made to the lowest Total Evaluated Price (TEP) offer. The government will rank all offers by TEP. The price evaluation will document the fairness and reasonableness of the TEP. The price of a six-month extension authorized by 52.217-8, Option to Extend Services, will be added to the proposed price for all 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 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 plus the sum of Option to Extend Services clause 52.217-8 formula (shown below) will constitute the TEP. Evaluating the Option CLINs does not obligate the government to exercise the Options.

Base Year = CLINs Extended Amount x 0.5 Option Year 1 = CLINs Extended Amount x 0.5 Option Year 2 = CLINs Extended Amount x 0.5 Option Year 3 = CLINs Extended Amount x 0.5

(End of Provision and Addendum)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items.

Offeror Representations and Certifications -- Commercial Items (Jan 2017)

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

- Page 16 of 41 -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;

(4) 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

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

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

(6) 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;

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(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--

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(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 SAMwebsite.

(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

- Page 20 of 41 -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 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.

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

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

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

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

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

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

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; 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 parts 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

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[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:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or 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…