solicitation.pdf

Combined Synopsis/Solicitation

(IAW FAR 12.603)

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;

proposals are being requested and a written solicitation will not be issued.

The Oklahoma City-Air Logistics Center (AFSC/PZIMB) at Tinker Air Force Base, Oklahoma intends to negotiate a firm fixed price contract for the support of the Electronic Software Distribution System (ESDS). This solicitation is being issued as a Request for Proposal (RFP) FA8126-17-R-0007, for a firm fixed price (FFP) type contract. The Oklahoma City-Air Logistics Center (AFSC/PZIMB) at Tinker Air Force Base Oklahoma intends to award a sole source contract to Joseph N.

Golubov Associates Inc.

Contractor is required to sign this document and return 1 copy to issuing office. Contractor agrees to provide all services set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

Proposal Submission Information:

Proposals are due by 15 June 2017, 3:00 PM, Tinker AFB OK Central Standard Time (CST). Contact the following individual for information regarding this solicitation:

NOTE: Emailed proposals are preferred Joseph L. Sachleben Contracting Officer joseph.sachleben.1@us.af.mil Phone: (405) 739-2510

EVALUATION OF RESPONSES:

Award will be conducted and evaluated under the provisions of FAR Part 12, Commercial Items, FAR Part 13, Simplified Acquisition Procedures, and FAR Part 15, Contracting by Negotiation. The responsible offerors must be registered in the System for Award Management (SAM) database (available at: https://www.sam.gov/portal/public/SAM/ ) and submit a completed copy of the Offeror Representations and Certifications – Commercial Items with their proposal.

Lack of registration in SAM will qualify contractor as ineligible for award. All responsible sources may submit a proposal in response to this solicitation, which shall be considered. This solicitation is being issued as a Request for Proposal (RFP) for a firm fixed price type commercial contract. The Oklahoma City-Air Logistics Center (AFSC/PZIMB) at Tinker Air Force Base Oklahoma intends to issue a sole source contract to Joseph N. Golubov Associates Inc.

mailto:joseph.sachleben.1@us.af.mil https://www.sam.gov/portal/public/SAM/

SIGNATURE OF OFFEROR:

DATE:

REQUISITION NUMBER:

F3YCEB7144A001

SOLICITATION NUMBER

FA8126-17-R-0007

SOLICITATION ISSUE DATE:

7 June 2017

SOLICITATION DUE DATE:

15 June 2017

THIS ACQUISITION IS:

Full and Open Competition

X Sole Source

SIZE STD:

$27,500,000

FEDERAL SUPPLY CLASS:

D399

NAICS: 541511 DELIVERY:

X

SEE ITEM DESC

FOB DESTINATION

FOB ORIGIN

DPAS RATING:

METHOD OF SOLICITATION:

REQUEST FOR QUOTE

FA812617R0007

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot ESDS Tinker

FFP

SERVICES NONPERSONAL: The contractor shall provide for software and system support for the Electronic Software Distribution System (ESDS) at Tinker

AFB, Oklahoma; Hill AFB, Utah; and Robins AFB, Georgia. The system is a combination of software applications that performs the ESDS function serving a

Government requirement for both the Secret Internet Protocol Router Network

(SIPRNet) and Non-secure Internet Protocol Router Network (NIPRNet) systems.

System support shall include software maintenance for the ESDS website and

ESDS packaging software, on-site support, and assistance for trouble shooting, diagnosing, and correction of software discrepancies. The Contractor shall provide all personnel, software, tools, materials, transportation, supervision, and any incidentals necessary to furnish ESDS Maintenance and Support services in accordance with (IAW) this PWS.

Period of Performance: 1 September 2017 - 31 August 2018

Pricing: Pricing is for software and system support for Electronic Software

Distribution System (ESDS).

This is a Firm Fixed Price (FFP) Line Item.

*****CONTRACTOR SHALL ATTACH BREAKDOWN OF PRICING*****

Total Firm Fixed Price: $__________

CONTRACTOR IS SAM REGISTERED.

REGISTRATION IS VALID UNTIL:__________

CONTRACTOR SHALL SUBMIT INVOICES IN ARREARS OF SERVICES

THROUGH WIDE AREA WORKFLOW (WAWF). SEE CLAUSE 252.232-

7006.

FOB: Destination

NSN: D399-17-JLS-SVCS

PURCHASE REQUEST NUMBER: F3YCEB7144A001

SIGNAL CODE: A

NET AMT

0002 1 Lot ESDS Hill AFB

FFP

SERVICES NONPERSONAL: The contractor shall provide for software and system support for the Electronic Software Distribution System (ESDS) at Tinker

AFB, Oklahoma; Hill AFB, Utah; and Robins AFB, Georgia. The system is a combination of software applications that performs the ESDS function serving a

Government requirement for both the Secret Internet Protocol Router Network

(SIPRNet) and Non-secure Internet Protocol Router Network (NIPRNet) systems.

System support shall include software maintenance for the ESDS website and

ESDS packaging software, on-site support, and assistance for trouble shooting, diagnosing, and correction of software discrepancies. The Contractor shall provide all personnel, software, tools, materials, transportation, supervision, and

Pricing: Pricing is for software and system support for the Electronic Software

PURCHASE REQUEST NUMBER: F2DCCE7117G001

0003 1 Lot ESDS Robins AFB

FFP

SERVICES NONPERSONAL: The contractor shall provide for software and system support for the Electronic Software Distribution System (ESDS) at Tinker

AFB, Oklahoma; Hill AFB, Utah; and Robins AFB, Georgia. The system is a combination of software applications that performs the ESDS function serving a

Government requirement for both the Secret Internet Protocol Router Network

(SIPRNet) and Non-secure Internet Protocol Router Network (NIPRNet) systems.

System support shall include software maintenance for the ESDS website and

ESDS packaging software, on-site support, and assistance for trouble shooting, diagnosing, and correction of software discrepancies. The Contractor shall provide all personnel, software, tools, materials, transportation, supervision, and

Pricing: Pricing is for software and sytem suport for the Electronic Software

PURCHASE REQUEST NUMBER: F3QCCM7110G001

1001 1 Lot OPTION ESDS Tinker

FFP

SERVICES NONPERSONAL: The contractor shall provide for software and system support for the Electronic Software Distribution System (ESDS) at Tinker

AFB, Oklahoma; Hill AFB, Utah; and Robins AFB, Georgia. The system is a combination of software applications that performs the ESDS function serving a

Government requirement for both the Secret Internet Protocol Router Network

(SIPRNet) and Non-secure Internet Protocol Router Network (NIPRNet) systems.

System support shall include software maintenance for the ESDS website and

ESDS packaging software, on-site support, and assistance for trouble shooting, diagnosing, and correction of software discrepancies. The Contractor shall provide all personnel, software, tools, materials, transportation, supervision, and

Period of Performance: 1 September 2018 - 31 August 2019

1002 1 Lot OPTION ESDS Hill AFB

FFP

SERVICES NONPERSONAL: The contractor shall provide for software and system support for the Electronic Software Distribution System (ESDS) at Tinker

AFB, Oklahoma; Hill AFB, Utah; and Robins AFB, Georgia. The system is a combination of software applications that performs the ESDS function serving a

Government requirement for both the Secret Internet Protocol Router Network

(SIPRNet) and Non-secure Internet Protocol Router Network (NIPRNet) systems.

System support shall include software maintenance for the ESDS website and

ESDS packaging software, on-site support, and assistance for trouble shooting, diagnosing, and correction of software discrepancies. The Contractor shall provide all personnel, software, tools, materials, transportation, supervision, and

1003 1 Lot OPTION ESDS Robins AFB

FFP

SERVICES NONPERSONAL: The contractor shall provide for software and system support for the Electronic Software Distribution System (ESDS) at Tinker

AFB, Oklahoma; Hill AFB, Utah; and Robins AFB, Georgia. The system is a combination of software applications that performs the ESDS function serving a

Government requirement for both the Secret Internet Protocol Router Network

(SIPRNet) and Non-secure Internet Protocol Router Network (NIPRNet) systems.

System support shall include software maintenance for the ESDS website and

ESDS packaging software, on-site support, and assistance for trouble shooting, diagnosing, and correction of software discrepancies. The Contractor shall provide all personnel, software, tools, materials, transportation, supervision, and

2001 1 Lot OPTION ESDS Tinker

FFP

SERVICES NONPERSONAL: The contractor shall provide for software and system support for the Electronic Software Distribution System (ESDS) at Tinker

AFB, Oklahoma; Hill AFB, Utah; and Robins AFB, Georgia. The system is a combination of software applications that performs the ESDS function serving a

Government requirement for both the Secret Internet Protocol Router Network

(SIPRNet) and Non-secure Internet Protocol Router Network (NIPRNet) systems.

System support shall include software maintenance for the ESDS website and

ESDS packaging software, on-site support, and assistance for trouble shooting, diagnosing, and correction of software discrepancies. The Contractor shall provide all personnel, software, tools, materials, transportation, supervision, and

Period of Performance: 1 September 2019 - 31 August 2020

2002 1 Lot OPTION ESDS Hill AFB

FFP

SERVICES NONPERSONAL: The contractor shall provide for software and system support for the Electronic Software Distribution System (ESDS) at Tinker

AFB, Oklahoma; Hill AFB, Utah; and Robins AFB, Georgia. The system is a combination of software applications that performs the ESDS function serving a

Government requirement for both the Secret Internet Protocol Router Network

(SIPRNet) and Non-secure Internet Protocol Router Network (NIPRNet) systems.

System support shall include software maintenance for the ESDS website and

ESDS packaging software, on-site support, and assistance for trouble shooting, diagnosing, and correction of software discrepancies. The Contractor shall provide all personnel, software, tools, materials, transportation, supervision, and

2003 1 Lot OPTION ESDS Robins AFB

FFP

SERVICES NONPERSONAL: The contractor shall provide for software and system support for the Electronic Software Distribution System (ESDS) at Tinker

AFB, Oklahoma; Hill AFB, Utah; and Robins AFB, Georgia. The system is a combination of software applications that performs the ESDS function serving a

Government requirement for both the Secret Internet Protocol Router Network

(SIPRNet) and Non-secure Internet Protocol Router Network (NIPRNet) systems.

System support shall include software maintenance for the ESDS website and

ESDS packaging software, on-site support, and assistance for trouble shooting, diagnosing, and correction of software discrepancies. The Contractor shall provide all personnel, software, tools, materials, transportation, supervision, and

3001 1 Lot OPTION ESDS Tinker

FFP

SERVICES NONPERSONAL: The contractor shall provide for software and system support for the Electronic Software Distribution System (ESDS) at Tinker

AFB, Oklahoma; Hill AFB, Utah; and Robins AFB, Georgia. The system is a combination of software applications that performs the ESDS function serving a

Government requirement for both the Secret Internet Protocol Router Network

(SIPRNet) and Non-secure Internet Protocol Router Network (NIPRNet) systems.

System support shall include software maintenance for the ESDS website and

ESDS packaging software, on-site support, and assistance for trouble shooting, diagnosing, and correction of software discrepancies. The Contractor shall provide all personnel, software, tools, materials, transportation, supervision, and

Period of Performance: 1 September 2020 - 31 August 2021

3002 1 Lot OPTION ESDS Hill AFB

FFP

SERVICES NONPERSONAL: The contractor shall provide for software and system support for the Electronic Software Distribution System (ESDS) at Tinker

AFB, Oklahoma; Hill AFB, Utah; and Robins AFB, Georgia. The system is a combination of software applications that performs the ESDS function serving a

Government requirement for both the Secret Internet Protocol Router Network

(SIPRNet) and Non-secure Internet Protocol Router Network (NIPRNet) systems.

System support shall include software maintenance for the ESDS website and

ESDS packaging software, on-site support, and assistance for trouble shooting, diagnosing, and correction of software discrepancies. The Contractor shall provide all personnel, software, tools, materials, transportation, supervision, and

3003 1 Lot OPTION ESDS Robins AFB

FFP

SERVICES NONPERSONAL: The contractor shall provide for software and system support for the Electronic Software Distribution System (ESDS) at Tinker

AFB, Oklahoma; Hill AFB, Utah; and Robins AFB, Georgia. The system is a combination of software applications that performs the ESDS function serving a

Government requirement for both the Secret Internet Protocol Router Network

(SIPRNet) and Non-secure Internet Protocol Router Network (NIPRNet) systems.

System support shall include software maintenance for the ESDS website and

ESDS packaging software, on-site support, and assistance for trouble shooting, diagnosing, and correction of software discrepancies. The Contractor shall provide all personnel, software, tools, materials, transportation, supervision, and

4001 1 Lot OPTION ESDS Tinker

FFP

SERVICES NONPERSONAL: The contractor shall provide for software and system support for the Electronic Software Distribution System (ESDS) at Tinker

AFB, Oklahoma; Hill AFB, Utah; and Robins AFB, Georgia. The system is a combination of software applications that performs the ESDS function serving a

Government requirement for both the Secret Internet Protocol Router Network

(SIPRNet) and Non-secure Internet Protocol Router Network (NIPRNet) systems.

System support shall include software maintenance for the ESDS website and

ESDS packaging software, on-site support, and assistance for trouble shooting, diagnosing, and correction of software discrepancies. The Contractor shall provide all personnel, software, tools, materials, transportation, supervision, and

Period of Performance: 1 September 2021 - 31 August 2022

4002 1 Lot OPTION ESDS Hill AFB

FFP

SERVICES NONPERSONAL: The contractor shall provide for software and system support for the Electronic Software Distribution System (ESDS) at Tinker

AFB, Oklahoma; Hill AFB, Utah; and Robins AFB, Georgia. The system is a combination of software applications that performs the ESDS function serving a

Government requirement for both the Secret Internet Protocol Router Network

(SIPRNet) and Non-secure Internet Protocol Router Network (NIPRNet) systems.

System support shall include software maintenance for the ESDS website and

ESDS packaging software, on-site support, and assistance for trouble shooting, diagnosing, and correction of software discrepancies. The Contractor shall provide all personnel, software, tools, materials, transportation, supervision, and

4003 1 Lot OPTION ESDS Robins AFB

FFP

SERVICES NONPERSONAL: The contractor shall provide for software and system support for the Electronic Software Distribution System (ESDS) at Tinker

AFB, Oklahoma; Hill AFB, Utah; and Robins AFB, Georgia. The system is a combination of software applications that performs the ESDS function serving a

Government requirement for both the Secret Internet Protocol Router Network

(SIPRNet) and Non-secure Internet Protocol Router Network (NIPRNet) systems.

System support shall include software maintenance for the ESDS website and

ESDS packaging software, on-site support, and assistance for trouble shooting, diagnosing, and correction of software discrepancies. The Contractor shall provide all personnel, software, tools, materials, transportation, supervision, and

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2017 TO

31-AUG-2018

N/A F3YCEB

MICHAEL DELONEY

OC-ALC/OBC

BLDG 3001 STAFF DR. DOOR G70 POST

N68

TINKER AFB OK 73145

(405)582-9211

F3YCEB

0002 POP 01-SEP-2017 TO

N/A F2DCCE

TRESA JONES

SOFTWARE CONTROL CENTER

6079 WARDLEIGH ROAD BUILDING 1202

HILL AFB UT 84056

801-775-5454

F2DCCE

0003 POP 01-SEP-2017 TO

N/A F3QCCM

ROBERT JOHNSON

SOFTWARE CONTROL CENTER WR-ALC

AFB

635 TECH ROAD, BLDG 639

ROBINS AFB GA 31098

ROBERT JOHNSON

F3QCCM

1001 POP 01-SEP-2018 TO

31-AUG-2019

N/A F3YCEB

MICHAEL DELONEY

OC-ALC/OBC

BLDG 3001 STAFF DR. DOOR G70 POST

N68

TINKER AFB OK 73145

(405)582-9211

1002 POP 01-SEP-2018 TO

N/A F2DCCE

TRESA JONES

SOFTWARE CONTROL CENTER

6079 WARDLEIGH ROAD BUILDING 1202

HILL AFB UT 84056

801-775-5454

1003 POP 01-SEP-2018 TO

N/A F3QCCM

ROBERT JOHNSON

SOFTWARE CONTROL CENTER WR-ALC

AFB

635 TECH ROAD, BLDG 639

ROBINS AFB GA 31098

ROBERT JOHNSON

2001 POP 01-SEP-2019 TO

31-AUG-2020

N/A F3YCEB

MICHAEL DELONEY

OC-ALC/OBC

BLDG 3001 STAFF DR. DOOR G70 POST

N68

TINKER AFB OK 73145

(405)582-9211

2002 POP 01-SEP-2019 TO

N/A F2DCCE

TRESA JONES

SOFTWARE CONTROL CENTER

6079 WARDLEIGH ROAD BUILDING 1202

HILL AFB UT 84056

801-775-5454

2003 POP 01-SEP-2019 TO

N/A F3QCCM

ROBERT JOHNSON

SOFTWARE CONTROL CENTER WR-ALC

AFB

635 TECH ROAD, BLDG 639

ROBINS AFB GA 31098

ROBERT JOHNSON

3001 POP 01-SEP-2020 TO

31-AUG-2021

N/A F3YCEB

MICHAEL DELONEY

OC-ALC/OBC

BLDG 3001 STAFF DR. DOOR G70 POST

N68

TINKER AFB OK 73145

(405)582-9211

3002 POP 01-SEP-2020 TO

N/A F2DCCE

TRESA JONES

SOFTWARE CONTROL CENTER

6079 WARDLEIGH ROAD BUILDING 1202

HILL AFB UT 84056

801-775-5454

3003 POP 01-SEP-2020 TO

N/A F3QCCM

ROBERT JOHNSON

SOFTWARE CONTROL CENTER WR-ALC

AFB

635 TECH ROAD, BLDG 639

ROBINS AFB GA 31098

ROBERT JOHNSON

4001 POP 01-SEP-2021 TO

31-AUG-2022

N/A F3YCEB

MICHAEL DELONEY

OC-ALC/OBC

BLDG 3001 STAFF DR. DOOR G70 POST

N68

TINKER AFB OK 73145

(405)582-9211

4002 POP 01-SEP-2021 TO

N/A F2DCCE

TRESA JONES

SOFTWARE CONTROL CENTER

6079 WARDLEIGH ROAD BUILDING 1202

HILL AFB UT 84056

801-775-5454

4003 POP 01-SEP-2021 TO

N/A F3QCCM

ROBERT JOHNSON

SOFTWARE CONTROL CENTER WR-ALC

AFB

635 TECH ROAD, BLDG 639

ROBINS AFB GA 31098

ROBERT JOHNSON

CLAUSES INCORPORATED BY REFERENCE

52.203-2 Certificate Of Independent Price Determination APR 1985

52.203-3 Gratuities APR 1984

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.217-5 Evaluation Of Options JUL 1990

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns NOV 2016

52.219-14 Limitations On Subcontracting JAN 2017

52.222-17 Nondisplacement of Qualified Workers MAY 2014

52.222-25 Affirmative Action Compliance APR 1984

52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option

Contracts)

MAY 2014

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-2 Service Of Protest SEP 2006

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995

52.242-15 Stop-Work Order AUG 1989

52.245-1 Government Property JAN 2017

52.245-9 Use And Charges APR 2012

52.247-34 F.O.B. Destination NOV 1991

52.253-1 Computer Generated Forms JAN 1991

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

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.211-7007 Reporting of Government-Furnished Property AUG 2012

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property APR 2012

252.245-7003 Contractor Property Management System Administration APR 2012

252.245-7004 Reporting, Reutilization, and Disposal SEP 2016

252.246-7000 Material Inspection And Receiving Report MAR 2008

CLAUSES INCORPORATED BY FULL TEXT

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

ALTERNATE I (OCT 2014).

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 https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

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

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

“Civil judgment” means--https://www.sam.gov/portal

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

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

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

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

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and

Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational

Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

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

Assistance Act of 1974; and

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

http://www.dol.gov/fairpayandsafeworkplaces

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

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

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

Assistance Act of 1974.

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the

FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

(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.

“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 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.

https://www.acquisition.gov/

(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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana

Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri

Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(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

[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:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(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 item and does not meet the component…