Combined_Synopsis_Solicitation-_Lapel_Pins.pdf

COMBINED SYNOPSIS/SOLICITATION HQ0034-17-R-0261

WHS/Vietnam War Commemoration- Lapel Pins

Section I. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Part 12.6, as a supplemented with additional information included in this notice. This announcement constitutes a solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is HQ0034-17-R-0261. This solicitation is a request for quotation. This is a set aside for small business and not considered to be full and open.

This solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular (FAC) 2005-95.

The North American Industry Classification System (NAICS) code is 339910 - Jewelry and Silverware

Manufacturing. Small Business Size Standard is 500 Employees.

The Washington Headquarters Services, Acquisition Directorate (WHS/AD), 1155 Defense Pentagon, DC

20301, intends to purchase Lapel Pins for the Vietnam War Commemoration Program.

Shipment No. Quantity Due Date

1 25,000 21 calendar days or less after first articles reviewed and accepted by the Program in individual plastic boxes, with 100 units packaged to a box.

2 25,000 28 calendar days or less after first articles reviewed and accepted by the Program in individual plastic boxes, with 100 units packaged to a box.

3 25,000 35 calendar days or less after first articles reviewed and accepted by the Program in individual plastic boxes, with 100 units packaged to a box.

4 25,000 42 calendar days or less after first articles reviewed and accepted by the Program in individual plastic boxes, with 100 units packaged to a box.

5 25,000 49 calendar days or less after first articles reviewed and accepted by the Program in individual plastic boxes, with 100 units packaged to a box.

6 25,000 56 calendar days or less after first articles reviewed and accepted by the Program in individual plastic boxes, with 100 units packaged to a box.

7 25,000 63 calendar days or less after first articles reviewed and accepted by the Program in individual plastic boxes, with 100 units packaged to a box.

8 25,000 70 calendar days or less after first articles reviewed and accepted by the Program in individual plastic boxes, with 100 units packaged to a box.

9 25,000 77 calendar days or less after first articles reviewed and accepted by the Program in individual plastic boxes, with 100 units packaged to a box.

10 25,000 84 calendar days or less after first articles reviewed and accepted by the Program in individual plastic boxes, with 100 units packaged to a box.

250,000 Total Units Shipped

Section II. Contract Line Item Numbers (CLINs): Offerors shall provide unit prices and total prices for each CLIN. All proposed prices shall be firm fixed price (FFP), as the Government intends to award one firm fixed price contract from this solicitation.

The following clauses and provisions are applicable: 52.212-1, Instructions to Offerors (in conjunction with Addendum); 52.212-2, Evaluation – Commercial Items (with Addendum); 52.212-

3, Offeror Representations and Certifications Alt 1– Commercial Items (Offerors must include a completed copy with their offers) and 52.212-5, Contract Terms and Conditions Required to

Implement Statutes or Executive Orders – Commercial Items.

Questions Due: Monday, September 11, 2017 at 3:30 PM (Eastern)

RFQ Submission Due: Thursday, September 14, 2017 at 02:00 PM (Eastern)

Interested offerors must submit their proposal submission before the date/time listed above. Submit all proposals to the Contract Specialist: Stacy Cooper, via email: stacy.d.cooper3.civ@mail.mil and copy Contracting Officer: Karen Smith, via email: karen.a.smith202.civ@mail.mil.

HQ003417R0261

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 25,000 Each Lapel Pins 1

FFP

Contractor shall provide veteran lapel pins IAW SOW section 2.2 Delivery

Schedule and Attachement 1 (Specification).

NET AMT

0002 25,000 Each Lapel Pins 2

FFP

0003 25,000 Each Lapel Pins 3

FFP

0004 25,000 Each Lapel Pins 4

FFP

0005 25,000 Each Lapel Pins 5

FFP

0006 25,000 Each Lapel Pins 6

FFP

0007 25,000 Each Lapel Pins 7

FFP

0008 25,000 Each Lapel Pins 8

FFP

0009 25,000 Each Lapel Pins 9

FFP

0010 25,000 Each Lapel Pins 10

FFP

0011 4 Each Die set / first articles

FFP

Contractor shall produce and deliver the first article set and die set in accordance with (IAW) the Statement of Work (SOW) section 2.1 and FAR Clause 52.209-4

First Article Approval-Government Testing (SEP 1989).

0012 250,000 Each Packaging

FFP

Contractor shall package veteran lapel pins IAW SOW section 3.0 Packaging

0013 10 Shipment Shipping

Contractor shall ship lapel pins IAW SOW section 4.0 Shipping

0014 1 Lot Artwork and Set up

Artwork and Set up charges IAW SOW 5.0 Artwork and Set Up Charges

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

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

0008 Destination Government Destination Government

0009 Destination Government Destination Government

0010 Destination Government Destination Government

0011 Destination Government Destination Government

0012 Destination Government Destination Government

0013 Destination Government Destination Government

0014 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 21 dys. AFATA 25,000 VNWCC

JEFFREY PEHL

241 18TH STREET SOUTH, SUITE 101

ARLINGTON VA 22202

703-697-4899

FOB: Destination

HQ0188

0002 28 dys. AFATA 25,000 (SAME AS PREVIOUS LOCATION)

0003 35 dys. AFATA 25,000 (SAME AS PREVIOUS LOCATION)

0004 42 dys. AFATA 25,000 (SAME AS PREVIOUS LOCATION)

0005 49 dys. AFATA 25,000 (SAME AS PREVIOUS LOCATION)

0006 56 dys. AFATA 25,000 (SAME AS PREVIOUS LOCATION)

0007 63 dys. AFATA 25,000 (SAME AS PREVIOUS LOCATION)

0008 70 dys. AFATA 25,000 (SAME AS PREVIOUS LOCATION)

0009 77 dys. AFATA 25,000 (SAME AS PREVIOUS LOCATION)

0010 84 dys. AFATA 25,000 (SAME AS PREVIOUS LOCATION)

0011 30 dys. ADC 4 (SAME AS PREVIOUS LOCATION)

0012 POP 15-SEP-2017 TO

14-SEP-2018

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 15-SEP-2017 TO

15-SEP-2018

N/A (SAME AS PREVIOUS LOCATION)

0014 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-7 System for Award Management OCT 2016

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.207-4 Economic Purchase Quantity-Supplies AUG 1987

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.211-17 Delivery of Excess Quantities SEP 1989

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

52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2014

52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-26 Equal Opportunity SEP 2016

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.222-50 Combating Trafficking in Persons MAR 2015

52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-3 Buy American --Free Trade Agreement--Israeli Trade Act MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-18 Place of Manufacture MAR 2015

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

52.233-3 Protest After Award AUG 1996

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

52.242-15 Stop-Work Order AUG 1989

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

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

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7006 Billing Instructions OCT 2005

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

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

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2016)

DEC 2016

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016

252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.246-7000 Material Inspection And Receiving Report MAR 2008

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.209-4 FIRST ARTICLE APPROVAL--GOVERNMENT TESTING (SEP 1989)

(a)

Twenty (20) unit(s) of Lapel Pins for each die set for CLINs 0001-0010 within 20 days from contract award) to the Government at:

OSD/ODAM

Attn: Jeffrey Pehl

241 18th Street, South, Suit #101

Arlington, VA 22202

(b) Within seven (7) calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The

Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The

Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor--

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.

(f) If the Government does not act within the time specified in paragraphs (b) or (c) of this clause, the Contracting

Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(End of clause)

52.212-1 ADDENDUM

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

GENERAL

Washington Headquarters Services (WHS) is releasing this solicitation electronically only, via email. This electronic version of the Request For Proposal (RFP) is the official version for this acquisition. No hard copy of this solicitation will be issued. The Offeror shall submit its proposal electronically.

Submit Proposal To:

Stacy Cooper Contract Specialist

Email: stacy.d.cooper3.civ@mail.mil

A. PROPOSAL VOLUME REQUIREMENTS

The following are descriptions of the information that shall be provided with the proposal.

PROPOSAL SUBMISSIONS PAGE LIMITS

VOLUME I- ADMINISTRATIVE

Completed/signed: FAR Clauses 52.212-3 Alt I, 52.219-28, 52.225-18, DFARS 252-209-7993

(as indicated in the clauses full text section), Solicitation page 1 Standard Form (SF) 1449 and

Amendments as applicable

The offeror shall submit proof of its Institute of Heraldry Certification

No Page Limit

VOLUME II- PRICE

PRICE – CLIN Structure (SF 1449) and completed Excel Spreadsheet “Price List) No Page Limit

VOLUME III- TECHNICAL

TECHNICAL –

Part 1: The offeror shall submit sufficient information for the Government to make a comprehensive evaluation of its approach and capability in providing the requirements listed in the SOW for successful performance.

Maximum of 5 pages. No page limit for resumes, if submitted

Instructions for Proposal Submittal: Proposals submitted in response to the solicitation shall be formatted as follows and furnished in the number of copies stated herein. Proposals shall be submitted as follows:

(1) Text – It is preferred that text is single-spaced, on 8½ x 11 inch paper format, with a minimum one-inch margin all around. Pages shall be numbered consecutively. A page printed on both sides shall be counted as two pages. No foldout pages shall be used. Pages submitted in excess of the page limitations stated throughout this document will be removed and not evaluated. Pages submitted do not include cover pages or tables of contents. Text and graphics portions of the electronic copies shall be in a format readable by Adobe (PDF) or MS

Word 2010.

(2) Font Size – It is preferred that print is a minimum 12 point font size spacing. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis.

Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable.

(3) Labeling – The number of pages shown in the table above should be submitted in electronic format. Responses to Technical Approach & Capability, Past Performance, and

Price shall be in separate electronic folders (files). A cover letter shall be inserted in each folder (file), clearly marked as to the RFQ identification, date of submittal, acknowledgement of any amendments, the Offeror’s name, address, Taxpayer ID number, CAGE code, and the

Offeror’s POC name, phone, and email. The cover letter, table of contents, and appendices shall not count against any page limitation.

(4) Pricing Data –All pricing information shall appear in the CLIN Structure in RFQ No.

HQ0034-17-R-0261 and the “Price Schedule” and “Labor Categories” in MS Excel Format.

Pricing information shall not be included anywhere within the other volumes. (See Section E, below, for instructions).

(5) Electronic Submission – All Offerors shall submit their proposals to Contract

Specialist, Stacy Cooper at stacy.d.cooper3.civ@mail.mil. Ensure the project name, “

HQ0034-17-R-0261 VWC Lapel Pins” is stated as the title. The proposal volumes shall be submitted as attachments when submitting it to the Contract Specialist, Stacy Cooper. Text and graphics portions of the electronic copies shall be in a format readable by Adobe (.PDF), MS Word 2010. Data submitted in spreadsheet format shall be readable by Adobe (.PDF), MS

Excel 2010. All responses to the solicitation shall be in separate files and volumes corresponding to the evaluation factors identified in the above Proposal Submission Chart.

REQUEST FOR QUOTE SUBMISSION: Close Thursday, September 14, 2017 at

02:00PM, Eastern Standard Time (EST)

Any proposal received after the exact time specified for receipt shall be treated as a late submission in accordance with the Federal Acquisition Regulation (FAR) 52.212-1. The proposal written volumes shall be submitted as attachments in the email. There is a 10MB limit for all electronic submissions per email. One email per proposal is preferred. Text and graphics portions of the electronic copies shall be in a format readable by Adobe (PDF) or MS

Word 2010. All proposal submissions to the solicitation shall be in separate volumes corresponding to the evaluation factors identified in the above Quotation Submission Chart.

DEADLINE FOR RECEIPT OF QUESTIONS FROM PROSPECTIVE OFFERORS:

Potential offerors may submit questions in writing, regarding the performance work statement and the terms and conditions of this solicitation by email no later than Monday, September

11, 2017 at 3:30 PM EST.

Submit questions to:

Stacy Cooper, Contract Specialist

Email: stacy.d.cooper3.civ@mail.mil

B. ADMINISTRATIVE (VOLUME I)

The offeror shall provide a cover letter. The cover letter shall identify the RFQ (HQ0034-17-

R-0261), date of submittal, acknowledgement of any amendments, the offeror’s name, address, Taxpayer ID number, CAGE code, contact information, and the PWS(s) being quoted. Cover letters will not count against any page limitation. The cover letter shall clearly state the length that the proposal remains open and in effect, which shall be at least 120 days from the proposal due date. It shall also include Representations & Certifications

(www.sam.gov), completed 52.212-3 Alt I , 52.219-28, 52.225-18, and DFARS 252.209-

7993.

C. PRICE FACTOR (VOLUME II)

Each contract awarded will be firm-fixed-price. The Offeror shall submit CLIN Structure in

RFQ No. HQ0034-17-R-0261 and the “Price List” in MS Excel Format.

D. TECHNICAL CAPABILITY (VOLUME III)

The Offeror shall submit sufficient information for the Government to make a comprehensive evaluation of its approach and capability in meeting the requirements listed in the SOW for successful performance.

(End of provision)

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate offers: (Please see FAR 52.212-2 Addendum below)

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(Addendum to FAR 52.212-2)

(a) The Government will award a contract, without discussions, resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government may reject any offer not substantially in compliance with the terms and conditions of the solicitation. The Government may reject any proposal if such action is in the public interest, and waive informalities and minor irregularities in proposals received.

The basis for the award is Lowest Price Technically Acceptable (LPTA). Offers shall be ranked in order of lowest price to highest price. The lowest priced offer shall be evaluated first. If the lowest priced offer is technically acceptable, no other offers will be evaluated.

The following factors shall be used to evaluate offers:

i. Price

ii. Technical Capability

Price will be evaluated in accordance with (IAW) FAR 15.404-1 (Proposal Analysis).

Evaluation will be based on price analysis techniques to determine if they are fair and reasonable, and reflect a clear understanding of the requirement. The offeror shall provide their proposed firm-fixed prices in the SF 1449 as well as Excel Spreadsheet “Price List”, which will be used to evaluate cost for the award.

In order to be found technically acceptable: Offeror shall agree/be in compliance with all the terms and conditions as stated in the RFQ, SOW, and the attachments; including the delivery schedule, quantities required, specifications, and by being certified with The Institute of

Heraldry.

TABLE A-1. TECHNICAL RATINGS

RATING

Acceptable

DESCRIPTION

Proposal/quotation clearly meets the requirements outlined in the PWS for

Unacceptable Proposal/quotation does not clearly meet the requirements outlined in the PWS for

(b) 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.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The Government will make a selection based on a Lowest Price Technically Acceptable (LPTA). Offers shall be ranked in order of lowest price to highest price. The lowest priced offer shall be evaluated first. If the lowest priced offer is technically acceptable, no other offers will be evaluated.

In order to be found technically acceptable: Offeror shall agree/be in compliance with all the terms and conditions as stated in the RFQ, SOW and the attachments; including the delivery schedule, quantities required, specifications, and by being certified with The Institute of Heraldry.

(b) 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.

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.

https://www.sam.gov/portal

(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 http://www.dol.gov/fairpayandsafeworkplaces

(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;

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

(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—

(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.

https://www.acquisition.gov/

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

(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…