18_HC1019-17-R-0007_Revised.pdf

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PES-HI Engineering & Installation Support Services Federal contract opportunity
Solicitation number
HC1019-17-R-0007
Issued by
Defense Information Systems Agency

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Solicitation No. HC1019-17-R-0007 Revised

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SEE ADDENDUM

(No Collect Calls)

HC101917R0007 05-Mar-2018

b. TELEPHONE NUMBER

808-472-0281

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 19 Mar 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HC10199. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PEARL B HALE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DISA/DITCO-PACIFIC

477 ESSEX STREET

BUILDING 77, ROOM 180

PEARL HARBOR HI 96860-5815

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N00950 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NCTAMS

500 CENTER STREET, BLDG 105

WAHIAWA HI 96786

CARRIE TAKENAKA

TEL: 808-653-8120 FAX: 808-453-1113

808-472-2522FAX:

TEL: 808-472-2558 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$32,500,000

NAICS:

517919

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF166

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

SECTION A - SOLICITATION FORM

SECTION A

DEFENSE INFORMATION TECHNOLOGY CONTRACTING ORGANIZATION – PACIFIC

Blanket Purchase Agreement (BPA)

IAW FAR 13.303

HC1019-17-R-0007

In accordance with the Federal Acquisition Streamlining Act, the Defense Information Technology Contracting Organization – Pacific (DITCO-PAC) hereby enters a Blanket Purchase Agreement with TBD, to acquire various Commercial Information Technology/Telecommunication (IT/Telcom) services, supplies and equipment for the United States Pacific Command (USPACOM) Area of Responsibility (AOR) as defined by the Department of Defense’s Unified Command Plan. This BPA is for services requirements that may include a supply/equipment component to the effort.

TDB, agrees to the following terms and conditions of the BPA with DITCO-PAC:

(1) Contract period for this BPA shall be from: 1 May 2018 through 30 April 2023. IAW FAR 13.303-6(b)(1), although a 5-year BPA is being awarded, the contracting officer will be reviewing the BPA at least annually and, if necessary, will update at that time.

Program Year 1: 1 May 2018 to 30 April 2019 Program Year 2: 1 May 2019 to 30 April 2020 Program Year 3: 1 May 2020 to 30 April 2021 Program Year 4: 1 May 2021 to 30 April 2022 Program Year 5: 1 May 2022 to 30 April 2023

(2) BPA Master Limit: $45,000,000.00; BPA Order Limit: $7,000,000.00

(3) This BPA does not obligate funds or any monies for any year for any amount. The

Government is obligated only to the extent of the authorized orders that are actually placed under this BPA.

(4) All BPA orders will be firm fixed price and made under the authority of the Federal Acquisition Regulations (FAR) Part 13.

(5) In accordance with FAR 13.303-2(b)(1) the services and commodity group for Supplies and Equipment under this BPA is limited to Commercial IT/Telcom.

(6) Only warranted DITCO-PAC contracting officers are authorized to place orders under this

BPA.

(7) Unless otherwise agreed to, all deliveries under this BPA must contain, at a minimum, the information below. This information will be provided with the BPA order.

(a) Name of contractor;

(b) Contract number;

(c) BPA order number

(d) Type and description of services rendered and/or model number of National Stock

Number (NSN); if applicable, of all equipment and supplies ordered;

(e) Purchase order number;

(f) Date of purchase;

(g) Quantity, unit price, and extension of each individual item (unit price and extensions need not be shown when incompatible with the use of automated systems; provided, that the invoices are itemized to show the information); and

(h) Date of shipment.

(8) The prices charged to the Government on orders placed under this BPA shall be the same price or less than those charged to the contractor’s commercial customer, including discounts for prompt payment.

(9) Invoices will be electronically created in accordance with clause 252.232-7006 WIDE AREA

WORKFLOW PAYMENT INSTRCTIONS (MAY 2013).

(10) To insure timely payment to the contractor, the customer must process receiving report via Wide Area Workflow (WAWF) within five (5) business days of delivery/receipt of supplies or equipment.

(11) In accordance with FAR 13.303-2(a)(6)(i): A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their dollar value, and supported by receipt copies of the delivery tickets. The summary will be provided in soft copy using Microsoft Office Excel and organized by BPA Call Order Number which have been completed/accepted and properly invoiced for payment through WAWF.

SECTION B - SUPPLIES/SERVICES

SECTION B

Period of Performance: 1 May 2018 to 30 April 2023

Product Service Code (PSC): D304

See Exhibit A for Complete List of Sub-CLINs

TABLE ONE: COMMERCIAL INFORMATION TECHNOLOGY/TELECOMMUNICATION (IT/TELCOM)

LABOR CATEGORY/JOB TITLE.

In accordance with FAR 13.303-2(b)(1) the commodity group for this BPA is limited to Commercial IT/Telcom Supplies/Equipment and Services.

LABOR CATEGORY/JOB

TITLE

FULLY

BURDENED

PROGRAM

YEAR 1

RATE

FULLY

BURDENED

PROGRAM

YEAR 2

RATE

FULLY

BURDENED

PROGRAM

YEAR 3

RATE

FULLY

BURDENED

PROGRAM

YEAR 4

RATE

FULLY

BURDENED

PROGRAM

YEAR 5

RATE

Project Manager *TBD *TBD *TBD *TBD *TBD Contract Administrator *TBD *TBD *TBD *TBD *TBD

Engineer *TBD *TBD *TBD *TBD *TBD Electrician *TBD *TBD *TBD *TBD *TBD

AutoCAD Specialist *TBD *TBD *TBD *TBD *TBD Lead Installer *TBD *TBD *TBD *TBD *TBD

Installer *TBD *TBD *TBD *TBD *TBD Apprentice *TBD *TBD *TBD *TBD *TBD

Administrative Assistant *TBD *TBD *TBD *TBD *TBD

Labor. Labor Rate Table above, represents fully-loaded hourly rates for each skill classification.

The fully-burded labor rates include all direct, indirect, general and administrative costs and profit associated with providing the required skill. The fully-burdened labor rates include all labor and labor related costs, such as, but not limited to, the following list of representative labor-related costs: salaries, wages, bonuses to include stock bonuses, incentive awards, employee stock options, stock appreciate rights, employee stock ownership plans, employee insurance, fringe benefits, contributions to pension, other post-retirement benefits, annuity, employee incentive compensation plans, incentive pay, shift differentials, overtime, vacation, time, sick pay, holidays, and all other allowances based upon a comprehensive employee compensation plan. The use of uncompensated overtime is not allowed. All hourly rates are based on a 40-hour work-week (2,080 hours per year.

TABLE TWO LABOR CATEGORY DESCRIPTIONS:

Labor Category

Labor Description

Project Manager Assigned personnel shall demonstrate specialized experience which includes outstanding recent operational and managerial, team lead or supervisory experience, and a diverse range of subject matter expertise in one or more relevant areas of the acquisition life cycle and/or program/project functional area, to include: purchasing/procurement, source selection, training, research, business process improvement, policy development, financial analysis, automated systems development/analysis/ implementation, federal government project or program management, federal statutes and regulations, acquisition or contracting management. He/She shall have a record of professional excellence among multiple organizations in challenging roles, including management/team lead roles. They shall also possess the ability to successfully manage, simultaneously, multiple and mostly highly complex matters and provide assistance and well-developed analyses on broad agency efforts in the relevant subject matter area. The ability to participate as a member of a team, in a lead role, or work independently, coordinate with others, and provide leadership on a large and diverse range of complex individual tasks or groups of tasks is required. Also, general experience: experience in any professional or functional area that required analysis of written materials, attention to detail, interaction and coordination with other personnel on policy or process matters, application of procedures, implementation of processes and instructions, research, documentation and/or formation of recommendations is required. Assigned personnel shall also perform work independently in a senior level role that will likely include management, oversight and training responsibilities. They shall also possess the ability to provide formal briefings and/or training to others. They shall provide customers with project milestones. Assigned personnel are also responsible for tracking raw materials, managing communications associated with logistics distribution of material, and managing the distribution point of material for incoming and outgoing material. They also support the logisticians with material management, equipment maintenance and management, or similar work as defined in the project. Finally, they shall be responsible for exercising much latitude over the approach and implementation of tasking, developing original solutions, prioritizing workload and making recommendations on overall strategies, including the coordination of others work. Minimum Education Requirement: Bachelor’s Degree. Minimum Experience Requirement: 7 years telecomm general experience, 5 years telecomm specific experience.

Contract Administrator

Assigned personnel shall serve as contract manager and shall be the contractor’s authorized interface with the Government Contracting Officer (KO), Government management personnel, and customer agency representatives. Responsible for formulating and enforcing work standards, assigning contractor schedules, reviewing work discrepancies, supervising contractor personnel and communicating policies, purposes, and goals of the organization to subordinates. Minimum Education Requirement: Bachelor’s Degree. Minimum Experience Requirement: Familiar with Defense Federal Acquisition Regulations.

Engineer Assigned personnel shall be responsible for engineering all telecommunications projects, as required. He/She shall perform field visits, as necessary, to determine required material, manpower, and timeframes in order to adequately estimate and quote the project in order to meet predetermined budgetary requirements. They shall be able to communicate clearly both verbally and in writing exact details required to successfully complete each project. They shall also plan and develop project documents as required with the details of the work required to be performed. Assigned personnel shall be involved with all construction phases, inside and outside plant installation, maintenance and repair, as required. Position requires competence in all phases of Inside Plant (ISP) & Outside Plant (OSP) technology, design, and engineering. Position requires excellent job cost analytical knowledge. Assigned personnel shall also possess knowledge of all types of construction materials including fireproof materials, equipment, and appropriate guidelines for safety applications. Minimum Education Requirements: Bachelor’s Degree in Computer Science, Engineering, or related field.

Minimum Experience Requirement: 1-3 years designing telecommunication solutions.

Certification Requirement: BICSI RCDD Certification.

Electrician Assigned personnel shall be responsible to provide electrical guidance and support for telecommunications projects, as required. He/She shall perform field visits, as necessary, to determine required material, manpower, and determine timeframes in order to adequately develop cost estimate and project milestones. They shall also be able to communicate clearly both verbally and in writing exact details required to successfully complete each project.

They shall participate in planning and development of project documents, as required, with the detailed electrical work required to be performed. They shall be involved with all construction phases, ISP/OSP installation, maintenance, and repairs, as required. Assigned personnel must possess competence in all phases of ISP & OSP technology, design and engineering. They shall also possess excellent job cost analytical knowledge. Finally, they must possess knowledge of all types of construction materials to include fireproofing materials, equipment and appropriate guidelines for safety applications. Minimum Education Requirement: High School Diploma. Minimum Experience Requirement: 1-3 years in telecommunication field. Certification Requirement: State of Hawaii Certified/Licensed Electrician.

AutoCAD Specialist Assigned personnel shall be responsible for developing AutoCAD drawings for each project.

He/She shall be responsible for producing drawings for network infrastructure design, as-built drawings and documentation for all projects that require CAD drawings as contract deliverables (CDRLs). They shall produce reference drawings for proposal efforts. They shall also provide butterfly drawings for each install, as required. Assigned personnel shall also coordinate all drawings with the project engineer to ensure appropriate cable ducts, cable counts, maintenance holes, hand holes, etc., are included, as required for each project. They shall maintain customer database of projects and provide copies as required. Minimum Education Requirement: High School Diploma. Minimum Experience Requirement: 4 years general, 2 years specific. Certification Requirement: AutoCAD certification.

Lead Installer Assigned personnel shall establish and lead working teams of technicians. He/She shall assume full responsibility for running small projects, as required. They shall perform proper installation of copper and fiber cabling infrastructure without supervision. They shall also work with all departments to assure that the level of customer service provided meets or exceeds expectations. They shall possess the capability to read and comprehend floor plans without assistance. They shall also work with other lead technicians and project managers to train entry level technicians on proper infrastructure installation techniques. They shall be responsible for pre-design survey, design of telecommunication/information technology systems, or, as appropriate, making “take offs” from design plans provided by customer to convert into materials list and create project plan for installation, test, training and maintenance. They shall advise the Project Manager and customer representative as needed on technical aspects of all structured cable system needs. They shall also advise on and supervise cabling installation operations to assure quality control to meet and exceed standards set by ANSI/TIA/EIA and BICSI. Minimum Education Requirement: High School Diploma. Minimum Experience Requirement: 3 years of experience working with infrastructure for information technology systems, data networking, and/or telecommunication circuits. Certification Requirement: BICSI Certification.

Installer Assigned personnel shall perform proper installation of copper and fiber cabling infrastructure with some supervision. He/She shall work with all departments to assure that the level of customer service provided meets or exceeds expectations. They shall possess the ability to read and comprehend floor plans without assistance. They shall work with other lead technicians and project managers to ensure proper infrastructure installation techniques.

Minimum Education Requirement: High School Diploma. Minimum Experience Requirement: 3 years of experience working with infrastructure for information technology systems, data networking, and/or telecommunication circuits. Certification Requirement:

BICSI Certification.

Apprentice Assigned personnel shall perform proper installation of copper and fiber cabling infrastructure with close supervision. They shall work with all departments to assure that the level of customer service provided meets or exceeds expectations. They shall provide support work to installer, lead installers, technicians and project managers, as required. Minimum Education Requirement: None. Minimum Experience Requirement: None.

Administrative Assistance

This classification includes personnel technical support services to customer base. Personnel in this category shall provide day-to-day maintenance or support services needed on a regular bases. Positions shall include but are not limited to an administrative assistant, customer service rep, entry-level help desk or tier one technician. This classification includes personnel that have experience performing these duties. Minimum Education Requirement: High School Diploma. Minimum Experience Requirement: one or more years.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Services

FFP

Provide services in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

Program Year One: 1 May 2018 through 30 April 2019 FOB: Destination

NET AMT

0002 1 Each Intra-Base OSP Cable & Equipment, Oahu

FFP

Provide Intra-Base Outside Plant (OSP) Copper Cable and Equipment, Island of Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

0003 1 Each ISP Cable & Equipment, Oahu

FFP

Provide Inside Plant (ISP) Copper Cable and Equipment, Island of Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

0004 1 Each Intra-Base OSP Cable&Equip,Outer Islands

FFP

Provide Intra-Base Outside Plant (OSP) Copper Cable and Equipment, Islands other than Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

0005 1 Each ISP Cable & Equipment, Outer Islands

FFP

Provide Inside Plant (ISP) Copper Cable and Equipment, Islands other than Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

0006 1 Each Intra-Base Cable & Equipment, Oahu

FFP

Provide Intra-Base Fiber Optic Cable and Equipment, Island of Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

0007 1 Each Intra-Base Cable & Equip, Outer Islands

FFP

Provide Intra-Base Fiber Optic Cable and Equipment, Islands other than Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

0008 1 Lot Other Direct Costs (ODCs)

FFP

Provide materials and equipment in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

0009 1 Lot Travel

FFP

Travel in accordance with the Performance Work Statement (PWS) dated 9 January 2018, and the Joint Travel Regulations (JTR).

1001 1 Lot Services

FFP

Provide services in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

Program Year Two: 1 May 2019 through 30 April 2020

1002 1 Each Intra-Base OSP Cable & Equipment, Oahu

FFP

Provide Intra-Base Outside Plant (OSP) Copper Cable and Equipment, Island of Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

1003 1 Each ISP Cable & Equipment, Oahu

FFP

Provide Inside Plant (ISP) Copper Cable and Equipment, Island of Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

1004 1 Each Intra-Base OSP Cable&Equip,Outer Islands

FFP

Provide Intra-Base Outside Plant (OSP) Copper Cable and Equipment, Islands other than Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

1005 1 Each ISP Cable & Equipment, Outer Islands

FFP

Provide Inside Plant (ISP) Copper Cable and Equipment, Islands other than Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

1006 1 Each Intra-Base Cable & Equipment, Oahu

FFP

Provide Intra-Base Fiber Optic Cable and Equipment, Island of Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

1007 1 Each Intra-Base Cable&Equip, Outer Islands

FFP

Provide Intra-Base Fiber Optic Cable and Equipment, Islands other than Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

1008 1 Lot Other Direct Costs (ODCs)

FFP

Provide materials and equipment in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

1009 1 Lot Travel

FFP

Travel in accordance with the Performance Work Statement (PWS) dated 9 January 2018, and the Joint Travel Regulations (JTR).

2001 1 Lot Services

FFP

Provide services in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

Program Year Three: 1 May 2020 through 30 April 2021

2002 1 Each Intra-Base OSP Cable & Equipment, Oahu

FFP

Provide Intra-Base Outside Plant (OSP) Copper Cable and Equipment, Island of Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

2003 1 Each ISP Cable & Equipment, Oahu

FFP

Provide Inside Plant (ISP) Copper Cable and Equipment, Island of Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

2004 1 Each Intra-Base OSP Cable&Equip,Outer Islands

FFP

Provide Intra-Base Outside Plant (OSP) Copper Cable and Equipment, Islands other than Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

2005 1 Each ISP Cable & Equipment, Outer Islands

FFP

Provide Inside Plant (ISP) Copper Cable and Equipment, Islands other than Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

2006 1 Each Intra-Base Cable & Equipment, Oahu

FFP

Provide Intra-Base Fiber Optic Cable and Equipment, Island of Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

2007 1 Each Intra-Base Cable&Equip, Outer Islands

FFP

Provide Intra-Base Fiber Optic Cable and Equipment, Islands other than Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

2008 1 Lot Other Direct Costs (ODCs)

FFP

Provide materials and equipment in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

2009 1 Lot Travel

FFP

Travel in accordance with the Performance Work Statement (PWS) dated 9 January 2018, and the Joint Travel Regulations (JTR).

3001 1 Lot Services

FFP

Provide services in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

Program Year Four: 1 May 2021 through 30 April 2022

3002 1 Each Intra-Base OSP Cable & Equipment, Oahu

FFP

Provide Intra-Base Outside Plant (OSP) Copper Cable and Equipment, Island of Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

3003 1 Each ISP Cable & Equipment, Oahu

FFP

Provide Inside Plant (ISP) Copper Cable and Equipment, Island of Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

3004 1 Each Intra-Base OSP Cable&Equip,Outer Islands

FFP

Provide Intra-Base Outside Plant (OSP) Copper Cable and Equipment, Islands other than Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

3005 1 Each ISP Cable & Equipment, Outer Islands

FFP

Provide Inside Plant (ISP) Copper Cable and Equipment, Islands other than Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

3006 1 Each Intra-Base Cable & Equipment, Oahu

FFP

Provide Intra-Base Fiber Optic Cable and Equipment, Island of Oahu , in

3007 1 Each Intra-Base Cable&Equip, Outer Islands

FFP

Provide Intra-Base Fiber Optic Cable and Equipment, Islands other than Oahu, in

3008 1 Lot Other Direct Costs (ODCs)

FFP

Provide materials and equipment in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

3009 1 Lot Travel

FFP

Travel in accordance with the Performance Work Statement (PWS) dated 9 January 2018, and the Joint Travel Regulations (JTR).

4001 1 Lot Services

FFP

Provide services in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

Program Year Five: 1 May 2022 through 30 April 2023

4002 1 Each Intra-Base OSP Cable & Equipment, Oahu

FFP

Provide Intra-Base Outside Plant (OSP) Copper Cable and Equipment, Island of Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

Program Year Four: 1 May 2022 through 30 April 2023

4003 1 Each ISP Cable & Equipment, Oahu

FFP

Provide Inside Plant (ISP) Copper Cable and Equipment, Island of Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

4004 1 Each Intra-Base OSP Cable&Equip,Outer Islands

FFP

Provide Intra-Base Outside Plant (OSP) Copper Cable and Equipment, Islands other than Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

4005 1 Each ISP Cable & Equipment, Outer Islands

FFP

Provide Inside Plant (ISP) Copper Cable and Equipment, Islands other than Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

4006 1 Each Intra-Base Cable & Equipment, Oahu

FFP

Provide Intra-Base Fiber Optic Cable and Equipment, Island of Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

4007 1 Each Intra-Base Cable&Equip, Outer Islands

FFP

Provide Intra-Base Fiber Optic Cable and Equipment, Islands other than Oahu, in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

4008 1 Lot Other Direct Costs (ODCs)

FFP

Provide materials and equipment in accordance with the Performance Work Statement (PWS) dated 9 January 2018.

4009 1 Lot Travel

FFP

Travel in accordance with the Performance Work Statement (PWS) dated 9 January 2018, and the Joint Travel Regulations (JTR).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government

0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 1003 N/A N/A N/A Government 1004 N/A N/A N/A Government 1005 N/A N/A N/A Government 1006 N/A N/A N/A Government 1007 N/A N/A N/A Government 2001 N/A N/A N/A Government 2002 N/A N/A N/A Government 2003 N/A N/A N/A Government 2004 N/A N/A N/A Government 2005 N/A N/A N/A Government 2006 N/A N/A N/A Government 2007 N/A N/A N/A Government 3001 N/A N/A N/A Government 3002 N/A N/A N/A Government 3003 N/A N/A N/A Government 3004 N/A N/A N/A Government 3005 N/A N/A N/A Government 3006 N/A N/A N/A Government 3007 N/A N/A N/A Government 4001 N/A N/A N/A Government 4002 N/A N/A N/A Government 4003 N/A N/A N/A Government 4004 N/A N/A N/A Government 4005 N/A N/A N/A Government 4006 N/A N/A N/A Government 4007 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAY-2018 TO

30-APR-2019

N/A NCTAMS

500 CENTER STREET, BLDG 105

WAHIAWA HI 96786

CARRIE TAKENAKA

808-653-8120

N00950

0002 POP 01-MAY-2018 TO

30-APR-2019

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-MAY-2019 TO

30-APR-2020

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1009 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAY-2020 TO

30-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2009 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-MAY-2021 TO

30-APR-2022

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3007 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3008 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3009 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-MAY-2022 TO

30-APR-2023

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

4006 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

4007 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

4008 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

4009 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

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

MAY 2011

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-2 Evaluation - Commercial Items OCT 2014 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

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

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

Incident Reporting

OCT 2016

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

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.211-7003 Item Unique Identification and Valuation MAR 2016 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7013 Duty-Free Entry--Basic (May 2016) MAY 2016 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7035 Buy American--Free Trade Agreement--Balance Of Payments

Program Certificate--Basic (Nov 2014)

NOV 2014

252.225-7036 Buy American--Free Trade Agreement--Balance of Payments Program--Basic (DEC 2016)

DEC 2016

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.239-7017 Notice of Supply Chain Risk NOV 2013 252.239-7018 Supply Chain Risk OCT 2015 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 DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7006 Warranty Tracking of Serialized Items MAR 2016

CLAUSES INCORPORATED BY FULL TEXT

52.204-9000 POINTS OF CONTACT (AUG 2005)

Contracting Officer Name: Kyle S. Kiyonaga Organization/Office Symbol: DITCO-Pacific/PL7 Phone No.: 808-472-0279 E-Mail Address: kyle.s.kiyonaga.civ@mail.mil

Contract Specialist Name: Pearl B. Hale Organization/Office Symbol: DITCO-Pacific/PL7

Phone No.:808-472-0281 E-Mail Address: pearl.b.hale.civ@mail.mil

COR/Mission Partner Point of Contact Name: Carrie A. Takenaka Organization/Office Symbol: NCTAMS PAC/N5 Phone No.: 808-653-8120 E-Mail Address: carrie.takenaka@navy.mil

Contractor Point of Contact Contractor Legal Business Name: TBD

DUNS:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

Fax Number:

(End of clause)

52.204-9001 CONTRACT/ORDER CLOSEOUT—FIXED-PRICE, TIME-AND-MATERIALS, OR LABOR-

HOURS (JAN 2007)

Timely contract closeout is a priority under this contract/order. The Contractor shall submit a final invoice within ninety (90) calendar days after the expiration of this contract/order, unless the Contractor requests and is granted an extension by the Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be deobligated from this contract/order so the closeout process can begin as soon as possible upon expiration of this contract/order.

A bilateral contract/order closeout modification will be forwarded to the Contractor by the Contracting Officer and must be signed by the Contractor and returned to the Contracting Officer within thirty (30) calendar days of issuance of the modification. A Contractor’s failure to respond and/or sign the bilateral closeout modification within thirty

(30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and close this contract/order.

If this contract/order contains option periods, the Contractor is required to submit an invoice within ninety (90) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for deobligation of excess funds that were obligated in those respective periods of performance.

52.209-9000 ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCCI) (DEC 2014)

(a) An offeror shall identify in its proposal, quote, bid or any resulting contract, any potential or actual Organizational and Consultant Conflicts of Interest (OCCI) as described in FAR Subpart 9.5. This includes actual or potential conflicts of interests of proposed subcontractors. If an offeror identifies in its proposal, quote, bid or any resulting contract, a potential or actual conflict of interests the offeror shall submit an Organizational and Consultant

Conflicts of Interest Mitigation Plan to the contracting officer. The Organizational and Consultant Conflicts of Interest Mitigation Plan shall describe how the offeror addresses potential or actual conflicts of interest and identify how they will avoid, neutralize, or mitigate present or future conflicts of interest.

(b) Offerors must consider whether their involvement and participation raises any OCCI issues, especially in the following areas when:

(1) Providing systems engineering and technical direction.

(2) Preparing specifications or work statements and/or objectives.

(3) Providing evaluation services.

(4) Obtaining access to proprietary information.

(c) If a prime contractor or subcontractor breaches any of the OCCI restrictions, or does not disclose or misrepresents any relevant facts concerning its conflict of interest, the government may take appropriate action, including terminating the contract, in additional to any remedies that may be otherwise permitted by the contract or operation of law.

52.211-9000 REQUIREMENT TO SUBMIT AN ELECTRONIC PRODUCT LIST (OCT 2015)

The contractor shall submit the following in addition to complying with all requirements of DFARS 252.211-7003, Item Identification and Valuation:

(a) Complete the Electronic Product List (EPL) attached to this contract for all products delivered under this contract. If a copy of the EPL has not been provide with the contract document, the EPL should be obtained from the Contracting Officer. A separate EPL shall be submitted each time products are delivered under this contract, including when products are replaced through a warranty or service support agreement.

(b) The EPL shall be delivered electronically for review and approval to the Acceptor identified as the Customer/COR/TM Point of Contact in the clause at 52.204-9000, Points of Contact if method of payment is via the government purchase card, or the WAWF point of contact identified in the clause at DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions for contracts process through WAWF. A copy of the EPL shall also be submitted to the Manpower, Personnel and Security (MPS) Directorate at the following email address:

disa.meade.mps.list.mps31-warehouse-branch-cam-l@mail.mil.

(c) The contractor shall submit the EPL to the Acceptor and MPS in advance of or concurrently with delivery of products. The Acceptor will not accept products delivered under this contract until the EPL is approved.

(d) If the EPL is delivered in advance of the products, the Acceptor will notify the contractor via email if the list is approved or disapproved. If the EPL is delivered concurrently with the products, acceptance of the products delivered via WAWF will also serve as approval of the EPL.

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--

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

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

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

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

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

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

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

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

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

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power…

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