Solicitation_HE1254-17-R-0006.docx

HE1254-17-R-0006

Section SF 1449 - CONTINUATION SHEET

ITEM NO

Contractor shall provide long term residential educational services to include room and board and other required services for student in according to the PWS sections 4.0 and 5.0.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide room and board for student IAW the PWS.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide mental health services for student IAW the PWS

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide residential education services for student IAW the PWS approximately 6 hrs/day

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide 1:1 supervision for student IAW the PWS. Approximately 6 hrs/day

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide physical therapy for student IAW the PWS approximately an hour/session and every two weeks.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide speech therapy for student IAW the PWS. Approximately 18 one-hour sessions.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide occupational therapy for student IAW the PWS. Approximately 12 one-hour session.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide four (4) quarterly reports and one(1) annual report IAW the PWS, paragraph 5.6. Not Separately Priced (NSP)

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide annual conference IAW the PWS. Not Separately Priced (NSP)

FOB: Destination

NET AMOUNT

ITEM NO

OPTION

Contractor shall provide long term residential educational services to include room and board and other required services for student in according to the PWS sections 4.0 and 5.0.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide room and board for student IAW the PWS.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide mental health services for student IAW the PWS

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide residential education services for student IAW the PWS approximately 6 hrs/day

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide 1:1 supervision for student IAW the PWS. Approximately 6 hrs/day

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide physical therapy for student IAW the PWS approximately an hour/session and every two weeks.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide speech therapy for student IAW the PWS. Approximately 18 one-hour sessions.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide occupational therapy for student IAW the PWS. Approximately 12 one-hour session.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide four (4) quarterly reports and one(1) annual report IAW the PWS, paragraph 5.6. Not Separately Priced (NSP)

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide annual conference IAW the PWS. Not Separately Priced (NSP)

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide long term residential educational services to include room and board and other required services for student in according to the PWS sections 4.0 and 5.0.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide room and board for student IAW the PWS.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide mental health services for student IAW the PWS

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide residential education services for student IAW the PWS approximately 6 hrs/day

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide 1:1 supervision for student IAW the PWS. Approximately 6 hrs/day

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide physical therapy for student IAW the PWS approximately an hour/session and every two weeks.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide speech therapy for student IAW the PWS. Approximately 18 one-hour sessions.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide occupational therapy for student IAW the PWS. Approximately 12 one-hour session.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide four (4) quarterly reports and one(1) annual report IAW the PWS, paragraph 5.6. Not Separately Priced (NSP)

FOB: Destination

NET AMOUNT

ITEM NO

Years

Contractor shall provide annual conference IAW the PWS. Not Separately Priced (NSP)

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide long term residential educational services to include room and board and other required services for student in according to the PWS sections 4.0 and 5.0.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide room and board for student IAW the PWS.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide mental health services for student IAW the PWS

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide residential education services for student IAW the PWS approximately 6 hrs/day

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide 1:1 supervision for student IAW the PWS. Approximately 6 hrs/day

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide physical therapy for student IAW the PWS approximately an hour/session and every two weeks.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide speech therapy for student IAW the PWS. Approximately 18 one-hour sessions.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide occupational therapy for student IAW the PWS. Approximately 12 one-hour session.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide four (4) quarterly reports and one(1) annual report IAW the PWS, paragraph 5.6. Not Separately Priced (NSP)

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide annual conference IAW the PWS. Not Separately Priced (NSP)

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide long term residential educational services to include room and board and other required services for student in according to the PWS sections 4.0 and 5.0.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide room and board for student IAW the PWS.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide mental health services for student IAW the PWS

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide residential education services for student IAW the PWS approximately 6 hrs/day

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide 1:1 supervision for student IAW the PWS. Approximately 6 hrs/day

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide physical therapy for student IAW the PWS approximately an hour/session and every two weeks.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide speech therapy for student IAW the PWS. Approximately 18 one-hour sessions.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide occupational therapy for student IAW the PWS. Approximately 12 one-hour session.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide four (4) quarterly reports and one(1) annual report IAW the PWS, paragraph 5.6. Not Separately Priced (NSP)

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall provide annual conference IAW the PWS. Not Separately Priced (NSP)

FOB: Destination

NET AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

16-APR-2018

FOB: Destination

16-APR-2018

16-APR-2018

16-APR-2018

16-APR-2018

16-APR-2018

16-MAR-2018

16-APR-2018

16-APR-2018

16-APR-2018

16-APR-2019

16-APR-2019

16-APR-2019

16-APR-2019

16-APR-2019

16-APR-2019

16-APR-2019

16-APR-2019

16-APR-2019

16-APR-2019

16-APR-2020

16-APR-2020

16-APR-2020

16-APR-2020

16-APR-2020

16-APR-2020

16-APR-2020

16-APR-2020

16-APR-2020

16-APR-2020

16-APR-2021

16-APR-2021

16-APR-2021

16-APR-2021

16-APR-2021

16-APR-2021

16-APR-2021

16-APR-2021

16-APR-2021

16-APR-2021

16-APR-2022

16-APR-2022

16-APR-2022

16-APR-2022

16-APR-2022

16-APR-2022

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16-APR-2022

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16-APR-2022

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

ADDENDUM 52.212-1

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

1. Addendum to Paragraph (b) Submission of Quotes: In addition to those requirements as stated in paragraph (b), the following are added and shall apply to the submission requirements in response to this solicitation:

1. Quote Structure and Content – Vendors shall submit quote packages consisting of the following separate/distinct volumes for evaluation purposes and include the content identified herein:

1. Volume 1 - Administrative Cover Letter. The cover letter shall include the following:

0. Tax identification number (TIN);

0. Dun & Bradstreet Number (DUNS);

0. Complete Business Mailing Address;

0. Cage Code/NAICS Code; and,

0. Contact Name, Phone, Fax and Email address.

1. Volume 2 – Technical Capability. This quote volume shall:

1. Demonstrate the offeror’ s understanding of the requirement and ability to provide the supplies and services outlined in the Performance Work Statement (PWS).

1. Volume 3 – Price. This quote volume shall:

0. Be in Microsoft Excel. All items must have a price or be marked “NSP” for “Not Separately Priced.” Each item will state the description, quantity, unit, unit price, and estimated amount. A final total of the Base and Option Periods is required in the Excel Spreadsheet.

0. Reference the Contract Line Item Numbers (CLINs) Sub-CLINs in the SF1449 Schedule of services as suggested CLIN structures. In lieu of this schedule, the contractor may submit fewer or more CLINs, whichever may be appropriate to their standard commercial practice.

1. Quote Submission Requirements: Electronic submission by email.

RFQ Questions – Questions in regards to this RFQ shall be submitted in writing via email to Samra Yoseph at samra.yoseph@hq.dodea.edu with the subject line, “Questions,HE1254-17-R-0006” no later than 10:00 A.M. EST on March 27, 2017.

Complete Quote Package (Volumes 1 - 3): The closing date for complete quote packages submissions is no later than 10:00 A.M. EST on March 29, 2017 via email to Samra Yoseph at samra.yoseph@hq.dodea.edu.

Note: DoDEA has a maximum email limit of 10MB. Vendors shall confirm receipt of their electronic copy by return email from these the above email addresses.

Summary of Important Due Dates:

Submission

Due Date/ Time March 27, 2017

March 29, 2017

10:00 AM EST

To samra.yoseph@hq.dodea.edu

Volumes 1-3 Electronic Copy by email to:

samra.yoseph@hq.dodea.edu

Subject: HE154-17-R-0006

(End of addendum to FAR 52.212-1)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The Government will award a contract resulting from this solicitation to the responsible vendor whose quote conforming to the solicitation is technically acceptable and fair and reasonably priced. The following factors shall be used to evaluate offers:

Factor 1: Technical Capability: Vendor shall demonstrate their understanding of the reqired service and ability to perform the requirement as set forth in the Performance Work Statement (PWS) as well as the general quality of the proposed services.

Factor 2: Price - Price will be evaluated to ensure price fair and reasonableness

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. This evaluation will include an option to extend services for 6 months (as allowed by FAR 52.217-8), to run after the completion of the last annual option period. The Government will extrapolate the vendor’s pricing of the last annual option period to arrive at a price for the potential 6 month extension of services option. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(d) If the subject solicitation has been issued as a Request for Quotation, all references to proposal and offeror are hereby changed to quote and vendor respectively, except for in paragraph (c), which stands as written. If a quote is provided, the Government may make an offer based on all or part of a vendor’s quote, as originally presented or as subsequently modified.

(End of provision)

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

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

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

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

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

“Civil judgment” means—

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

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

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

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

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

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

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

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

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

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM…