Attachment_IV_solicitation_provisions.pdf

JD 3May17 v2

HSCG23-17-Q-PMF003

Attachment IV

Solicitation Provisions

FAR Provisions

The following FAR Provisions are hereby incorporated in this Solicitation with addenda attached as necessary:

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting

Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov/

(End of provision)

The following FAR provisions are hereby incorporated in this solicitation by reference:

Provision # Provision Title Provision Date

52.204-7 System For Award Management Oct 2016

52.204-16 Commercial and Government Entity Code

Reporting

Jul 2016

52.212-1 Instructions to Offerors- Commercial Items Jan 2017

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing

Data. Alternate IV

Oct 2010

Alt IV Oct 2010

52.217-5 Evaluation of Options Jul 1990

52.225-25 Prohibition on contracting with entities engaging in sanctioned activities relating to Iran-

Representation and Certification

Oct 2015

52.237-1 Site Visit Apr 1984

The provision at 52.212-1, Instructions to Offerors—Commercial and is supplemented as follows:

Paragraph (b) (2), In order to be considered for award, Offerors shall submit an electronic version of their quote in word or adobe pdf format by 1630 hours EST on Friday June 16, 2017 via email to Devin Fitzpatrick at Devin.j.fitzpatrick@uscg.mil with a copy to Jim

Dawson at James.J.Dawson@uscg.mil.

https://www/ https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179124 mailto:Devin.j.fitzpatrick@uscg.mil mailto:James.J.Dawson@uscg.mil

Offerors shall submit any questions regarding this solicitation electronically in word or adobe pdf format by 1630 hours EST on Friday May 17, 2017 via email to Devin

Fitzpatrick at Devin.j.fitzpatrick@uscg.mil with a copy to Jim Dawson at

James.J.Dawson@uscg.mil. Answers to questions will be posted to the solicitation on

FEDBIZZOPS by 1630 hours EST on Friday May 17, 2017.

Paragraph (b) (4), Submit the following technical information:

Technical Capability to meet the requirements of the Government– Offeror shall submit the following with their technical quote:

1. The Offeror shall submit with their quote the Past Performance information described below for three (3) projects performed or completed within the past five (5) years from the date of the release of the solicitation. Offerors shall only submit for evaluation projects that are relevant and recent. Relevant past performance is for any project involving the similar types of work on vessels of similar size and similar type of hull material compared to the vessels in this requirement. To be considered a vessel of similar size, the examples must be for vessels at least 110’ in length. To be considered recent, the past performance must have been performed or completed within the past five (5) years from the date of release of the solicitation. For each

Past Performance submission, the Offeror shall provide the following:

a) Include both a contracting and technical point of contact (most knowledgeable of the project) with current telephone numbers and emails. Offerors are responsible for ensuring that the telephone numbers and emails provided are accurate and that the representative is aware that the Coast Guard may be contacting them regarding the Offeror’s past performance.

b) The contract number and agency if the example is a Federal Government contract

c) The Offeror shall describe their performance on each project in the areas of

Quality, Schedule and Management. This shall include the evaluation ratings the customer gave the Offeror on these projects. Offerors shall particularly address any projects for which they have received or might receive marginal or unsatisfactory ratings.

The Government may consider past performance information obtained from sources outside a vendor’s quote, to include the United States Coast Guard. Offerors receiving an overall past performance rating of Marginal or Unsatisfactory will be evaluated as technically unacceptable.

2. Offerors shall submit with their quote a Dry Docking Plan to include method of dry docking to be used by the Offeror and all pre-award documentation described in section 3.5.1 Pre-award events of the referenced SFLC Standard Specification

8634 DRYDOCKING.

mailto:Devin.j.fitzpatrick@uscg.mil mailto:James.J.Dawson@uscg.mil

3. Offerors shall submit with their quote a legible Planning Document that contains the characteristics described in section 3.2.5 Planning Document of SFLC standard spec 0000 and contains all critical inspection items listed on page xii of

Attachment I completed within the first 25% of the availability. The USCG desires work under this requirement to start no later than September 1, 2017.

In addition to the technical quote, vendors shall provide the following with their quote:

1. Offeror shall include a completed copy of the provision at 52.212-3, Offeror

Representations and Certifications—Commercial Items

2. Offeror shall include a completed copy of the provision at 52.209-7 Information

Regarding Responsibility Matters

3. Offeror shall include a completed copy of section (f) of the provision at 3052.209-

70 Prohibition on Contracts with Corporate Expatriates with its offer.

4. Offeror shall include in its quote a complete list of all applicable commercial warranties as offered by the Original Equipment Manufacturers (OEM) for any equipment that shall be purchased or installed under this contract and passed through to the United States Government and subsequently to the recipient

Country’s Government.

Paragraph (b) (6) Offeror shall submit the following as their price quote:

Price – Offeror shall submit Attachment II Pricing Schedule complete with their Firm

Fixed Price quote for each definite and optional work item listed for each vessel and described in attachment I (1342) and (1346) Specification, the estimated growth work calculated as the sum of the Offeror’s composite labor rate multiplied by the estimated growth labor hours and the Offeror’s material overhead rate multiplied by the estimated growth material cost, the estimated lay days calculated as the Offeror’s firm fixed price per day for lay days multiplied by the estimated number of lay days, and the Foreseeable cost factors. Offeror’s shall quote both definite and optional work items, however, Offerors shall not quote the optional growth work within each definite and optional work item in their quote as these will be quoted in the Condition Found Reports (CFRs) resulting from those work items. It is the intention that all growth work will be negotiated as a Firm Fixed Price to the maximum extent practicable. The Offerors fully burdened Composite Labor Rate and Material Overhead rate shall be used in the event growth work cannot be negotiated and needs to be conducted on a time and materials basis. The composite labor rate quoted in Attachment II pricing schedule spec 1342 cell

G78 must be the same rate as spec 1346 cell G78. The material overhead rate quoted in

Attachment II pricing schedule spec 1342 cell J78 must be the same rate as spec 1346 cell

J78. See the Clause “Composite Labor Rate” in Attachment III Clauses for information on what this rate represents. The Offerors firm fixed price quote for lay days shall be used in the event lay days occur. See the Homeland Security Acquisition Regulation

(HSAR) Clause 3052.217-94 Lay Days (Dec 2003) for information on what this rate represents and when it is applicable. The Offeror shall include pricing as FOB destination and inclusive of all shipping, handling, fees and payment terms. The quote shall include a point of contact, name, email address, and phone number.

DHS notice to Offerors:

It is DHS policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible Offeror is obtained as a result of this solicitation, that Offeror may be required to submit Data Other than

Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations.

End of Supplement

The provision at 52.215-20, Alt IV Requirements For Cost Or Pricing Data Or

Information Other Than Cost Or Pricing Data (OCT 2010) is supplemented as follows:

(b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination.

The information may be as follows:

REQUEST FOR INFORMAL COST BREAKDOWN

In addition to placing your offer in the appropriate place in Schedule of supplies and Prices, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below:

Trade, (i.e. laborers, rigger, etc.)

Breakdown of labor grades by trade category

Manhours per trade, per labor grade

Cost/hour/trade

Supplies/materials (description & cost of each)

Sub-total

Pension Plans

Overhead at a rate of ______%

Profit at a rate of ________%

Total for item _____________

(End of Supplement)

The following FAR Provisions are hereby incorporated in full text into this solicitation:

52.209-7 Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange

Commission Administrative Proceedings, Civilian Board of Contract Appeals

Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal

Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of

$100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the

System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of Provision)

52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions (Jun 1988)

The specifications cited in this solicitation may be obtained upon request from:

(Email Address) Devin.J.Fitzpatrick@uscg.mil

(Person to be contacted) _Devin Fitzpatrick_______________

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

52.212-2, Evaluation—Commercial Items (Oct 2014) is supplemented as follows:

(a) The Government intends to award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, based on the lowest price technically acceptable

(LPTA). In order for the quote to be determined technically acceptable the contractor must address and meet the following minimum technical acceptability requirements for each factor listed in the provision 52.212-1 Instructions to

Offerors above:

1. The Government will evaluate the Offeror’s past performance utilizing past performance information submitted by the Offeror in response to the RFQ for their three relevant and recent projects. The Government may also utilize information available in the Contractor Performance Assessment Reporting

System (CPARS), Past Performance Information Retrieval System (PPIRS), or similar past performance tracking systems, data obtained through

Government records and information, interviews with program managers and

Contracting Officers, and other sources including commercial sources.

After considering the available past performance information and factoring in issues such as project relevance and recency, and Offeror responses to negative past performance information, the Government will determine whether or not the Offeror’s past performance is “acceptable” or

“unacceptable”.

https://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179178

In assessing the relevancy of past performance data, the Government will evaluate contracts or subcontracts for similar work on vessels of similar size and hull material type as the vessels in this requirement. As for assessing the recency of past performance data, the Government will evaluate contracts or subcontracts that are relevant and completed delivery within the last five years from the date of quote submission.

For each project determined that is relevant and recent, the Government will consider the Offeror’s ability to perform a previous contract or subcontract in the following areas of: (a) Quality; (b) Schedule; and (c) Management.

Relevant and recent past performance references will be rated using the ratings in the below table.

Rating Description

Acceptable Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown. (See notes below.)

Unacceptable Based on the Offeror’s performance record, the Government has no reasonable expectation that the Offeror will be able to successfully perform the required effort.

The Government will determine the overall past performance evaluations of

Satisfactory or in the case of overall evaluations of Exceptional, Very Good, or Satisfactory that are assessed from information in CPARS or PPIRS to be

“Acceptable” past performance. References assessed with the overall past performance evaluation of Unsatisfactory or in the case of overall evaluations of Marginal or Unsatisfactory that are assessed from information in CPARS or

PPIRS will be determined to be unacceptable.

An Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR

15.305 (a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

2. To be technically acceptable, Offeror’s dry dock plan shall include all pre-award documentation required by section 3.5.1 of SFLC standard spec 8634.

The Dry Dock method proposed and pre-award calculations must meet the requirements for the specified docking plan(Coast Guard Drawing 110WPB

085-002, Rev-, Docking Plan or Coast Guard Drawing 110WPB 085-010, Rev

B, Docking Plan, Docking/Lifting Cradle) and demonstrates the dry docking can safely be accomplished.

3. To be technically acceptable, Offeror’s Planning Document contains all characteristics described in section 3.2.5 of SFLC standard spec 0000, which demonstrates they are capable of starting work no later than September 1, 2017, all critical work items shall be completed in the first 25% of the availability, and all work items shall be completed within the 10 week period of performance.

Offerors complete list of OEM warranties and duration of each that shall be passed on to the United States Government and subsequently the recipient

Country’s Government will not be evaluated but shall be incorporated into any resultant contract.

Each quote that meets the technical acceptability requirement for each Technical

Factor will then be listed in order from highest to lowest total evaluated price.

Total evaluated price will include all Firm Fixed Price quotes for definite and optional work items, the total estimated growth work cost for those definite and optional work items, the total estimated lay days cost and Foreseeable Cost

Factors. Growth is calculated as the sum of the Offeror’s Composite Labor Rate multiplied by the estimated growth labor hours and the Offeror’s Material

Overhead rate multiplied by the estimated Growth Material Cost. The composite labor rate quoted in Attachment II pricing schedule spec 1342 cell G78 must be the same rate as spec 1346 cell G78. The material overhead rate quoted in

Attachment II pricing schedule spec 1342 cell J78 must be the same rate as spec

1346 cell J78. The total estimated lay days cost is calculated as the firm fixed price per day for lay days quoted by the Offeror multiplied by the estimated number of lay days. The lowest price quote will then be evaluated to determine if the price, the composite labor rate, and the material overhead rate are fair and reasonable. Upon successful determination of a fair and reasonable price, and a determination that the Contractor is Responsible, award will be made to that

Offeror.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options, including estimated growth work for those optional items, to the total price for definite work items and the estimated growth work for the definite items. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

BASIS FOR AWARD

Award will be made to the quote that is determined to be the Lowest Price, Technically

Acceptable (LPTA). No technical tradeoffs will be made and no additional credit will be given for exceeding acceptability. Award will be made on the basis of the lowest price total evaluated price of quotes meeting the acceptability standards for technical and past performance factors. In addition, the Offeror must be determined responsible in accordance with FAR subpart 9.1.

The Government anticipates making an award without discussions. The Offeror is responsible for providing its best submission on the initial offer, however, the

Government reserves the right conduct discussions if determined to be necessary by the

Government. Offerors are cautioned that taking exception to the terms and conditions of the solicitation may cause an otherwise acceptable quote to become unacceptable.

52.233-2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the

Government Accountability Office (GAO), shall be served on the Contracting Officer

(addressed as follows) by obtaining written and dated acknowledgment of receipt from

Helen.F.Dawson@uscg.mil. [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.]

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

The following CGAP provisions are required to supplement the evaluation section of this solicitation and will be used for evaluation purposes only:

LOCATION OF OFFEROR’S SHIPYARD

In order for the Contracting Officer to evaluate certain foreseeable costs to the Coast Guard, the offeror is required to provide, in the space below, the exact name and location of the shipyard to be used to perform the services required under this solicitation. The offeror is cautioned that its failure to provide the name and location of its shipyard in the space provided below may result in either, its bid being declared nonresponsive under the provisions of an Invitation for Bids or its quote being declared nonresponsive under the terms of a Request for Quote.

Name and Location of the Offeror’s Shipyard:

FORESEEABLE COST FACTORS PERTAINING TO DIFFERENT SHIPYARD

LOCATIONS

In addition to other evaluation factors for award that may be listed in this solicitation, the

Contracting Officer will evaluate certain foreseeable costs to the Coast Guard. Those costs will vary based on the location of the offerors shipyard and are added to the Offeror’s overall https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_1.html#wp1088681 bid price or price quote for the purposes of evaluation only. These elements of foreseeable costs consist of the following:

(1) Family Separation Allowance & Homeport Travel: Crew members with dependents residing within the area of the homeport are entitled to Family Separation Allowance and

Homeport Travel Allowance whenever a vessel is overhauled outside of the area of the homeport. The homeport of these vessels is the USCG Yard in Baltimore, MD. The area of the homeport is defined as the area within 50 road miles of the homeport.

(i) Family Separation Allowance for _3_ personnel in accordance with Family

Separation Allowance listed under DFAS.mil; Pay & Allowance; Family Separation

Allowance for _3__ crew members entitled to Family Separation Allowance. This entitlement is calculated from the date that the vessel leaves the home port to transit to the offerors shipyard and the planned date of return to home port after completion of repairs or equipment installation.

(ii) Homeport Travel. Crew's transportation during overhaul away from home port.

As required by 37 USC 406 b and Chapter 7, Part F1 of the Joint Federal Travel

Regulations (JFTR), on the thirty-first (31) day of a vessel being away from home port, and every sixty (60) days thereafter, all personnel with dependents residing in the area of the home port will be provided round trip coach type airfare to the vessels home port. There will be __0_ home port visit(s) during the performance of this contract. The vessel has _0__ crew members eligible for Homeport Travel. Airfares will be based on the GSA City Pairs contracted Government YCA Fare (or successor

GSA fare source) in effect at the time of receipt of bids/proposals. If there is no GSA contracted rate between the location of the contractor’s shipyard and the homeport the rate will be computed based on commercially available airfares.

(2) Travel and Per Diem Costs: Travel and Per Diem Costs will be required as a price factor.

If the contractor's facility is outside of a 50-road mile radius of the SFLC Yard in Baltimore, MD, the following Travel and Per Diem Costs will be added to the Firm Fixed Price quoted by the Offeror:.

(i) There will be a transportation cost for zero (0) Contracting Officer's

Representative (CORs) and zero (0) Foreign Crew (Costa Rican Coast Guard) for _0_ round trip(s) between the contractor's offered place of performance and the COR's official duty station at the cost of coach-type airfare.

(ii) There will be a per diem expense for 70 calendar days to support three (3) CORs and zero (0) Foreign Crew (Costa Rica Coast Guard) while in the city of the place of contract performance, to be determined in accordance with the Joint Federal Travel

Regulations (JFTR). The cost of car rental for the estimated performance period will not be included.

(iii) There will be a transportation cost for one (1) Contracting Officer for _0_ round trip(s) between the Contracting Officer's official duty station and the contractor's offered place of performance at the cost of coach-type airfare, plus per diem expenses and a rental car.

52.212-3 Offeror Representations and Certifications—Commercial Items

(JAN 2017)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for

Award Management (SAM) Web site located at http://www.sam.gov/portal. If the

Offeror has not completed the annual representations and certifications electronically, the

Offeror shall complete only paragraphs (c) through (u) of this provision.

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

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

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

“Civil judgment” means--

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

(2) In paragraph (s) of this provision: Any judgment or order entered by any

Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section

II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated

August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

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

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

Administration), the Equal Employment Opportunity Commission, the Occupational

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

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

(i) The Fair Labor Standards Act;

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

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

Bacon Act;

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

(vi) The Family and Medical Leave Act; and

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

Contractors);

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

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

(ii) OSHA-approved State Plans;

(4) Department of Labor Office of Federal Contract Compliance Programs

(OFCCP) for--

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

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

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

(5) National Labor Relations Board (NLRB) for the National Labor Relations

Act; and

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

Contractors).

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

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

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

“Manufactured end product” means any end product in product and service codes (PSCs)

1000-9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

(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 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 SAM website.

(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 https://www.acquisition.gov/ provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph

(c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph

(c)(5) of this provision.] The offeror represents that—

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

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

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

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

WOSB representation.

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

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

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

(8) Women-owned business concern (other than small business concern).

[Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]

The offeror represents that it [_] is, a women-owned business concern.

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

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

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small

Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or

HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph

(c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each

HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and

60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C.

1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the

Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide…