HSCG27-17-Q-5SD005.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

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

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

HSCG27-17-Q-5SD005 02/01/2017

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION

calls) LOCAL TIME

INFORMATION CALL: 02/15/2017

SKC JAMES HARRIS 757-295-2227 4:00PM

9. ISSUED BY CODE 10. THIS ACQUISITION IS LJ UNRESTRICTED OR LJ SET ASIDE: 100 % FOR:

SKC JAMES HARRIS [8) SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS ---D (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

USCG BASE PORTSMOUTH D HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:

4000 COAST GUARD BLVD BUSINESS

0EDWOSB 561730

PORTSMOUTH, VA 23703-2199 D SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 08CA) $7.5 Million

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING

TION UNLESS BLOCK IS D 13a. THIS CONTRACT IS A

MARKED RATED ORDER UNDER

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

D SEE SCHEDULE [8)RFQ D1FB 0RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE I

USCG STATION CAPE CHARLES HOUSING SI It: UN SAME AS BLOCK 9

WASHINGTON AVE, CAPE CHARLES, VA23310

17a. CONTRACTOR/ coDEI I FACILITY 18a. PAYMENT WILL BE MADE BY CODE I

OFFER OR CODE

SK2 JENNIFER LETOURNEAU

EMAIL: JENNIFER..L.LETOURNEAU@USCG.MIL

(757)331-2001

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

D OFFER BELOW IS CHECKED D SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

THIS IS A REQUEST FOR QUOTE TO PROVIDE

GROUNDS MAINTENANCE SERVICES AS PER THE

S.O.W. , FAR CLAUSES AND PROVISIONS & DOL

WAGE DETERMINATION 2015-4327 , REVISION 2

DATED 12/30/2016

THIS IS AN OPTION YEAR CONTRACT FOR BASE

YEAR AND FOUR (4) OPTION YEARS.

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR52.212-3AND52.212-5AREATTACHED. ADDENDA

D 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

DARE DARE NOT ATTACHED

DARE D ARE NOT ATTACHED

D 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND ---

D 29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

STANDARD FORM 1449 (REV. 212012)

Prescribed by GSA - FAR (48 CFR) 53.212

SCOPE OF WORK

1. GENERAL REQUIRE1\1ENTS: The work consists of providing all labor, materials and equipment as required to maintain the lawn of USCG property on Washington A venue (Lot size 2.0 Acr.)

2. COMMENCE1\1ENT, PROSECUTION, AND COMPLETION OF WORK: Upon acceptance the contractor shall commence work NLT five (5) calendar days after notice to proceed and work diligently to complete the entire work ready for use by 10 calendar days after contract award.

3. SCOPE OF WORK:

A. Provide all labor and materials necessary to keep the grounds at the five lots in trimmed condition; grass height not to exceed 2.5 to 3 inches on the initial and every cut thereafter. The following requirements will be met: Property will be kept mowed and weed-eated around all fences, drainage ditch, and trees ONCE EVERY TWO WEEKS during daylight hours. Damages to any fencing and all other objects will be the responsibility of the contractor to repair and/or replace with the same or better grade material; after unit approval. If lawn is not substantial height to mow after a two week period has passed due to drought or other weather factors, yards shall be mowed on next allowing day and two weeks from thereafter. Yards shall be mowed and trimmed as soon as contract awarded or as soon as April 1st until September 30th.

From October 1st through March 30th, the property is to be mowed on a PER CALL BASIS to maintain the not to exceed 2.5 to 3 inches.

B. The solicitation is for the base contract with four option years. Quote each option year separately.

i. Base Contract (04/0112017 - 09/30/2017)

ii. Option Year 1 (04/01/2018 - 09/30/2018)

iii. Option Year 2 (04/01/2019 - 09/30/2019)

iiii. Option Year 3 (04/0112020 - 09/30/2020)

iv. Option Year 4 (04/01/2021 - 09/30/2021)

4. SITE VISIT: All bidders are strongly encouraged to visit the site to field verify any/all quantities before submitting bids. Interested parties shall make arrangements for a site visit with Christopher Shore @ (757) 331-2001.

5. DESIGNATED CONTRACTING OFFICER'S QUALITY ASSURANCE

EVALUATOR (QAE) REPRESENTATIVE: The designated contracting officer's QAE representative and Point of Contact for this project is Christopher Shore@ (757) 331-2001.

Inquiries concerning any phase of the specification before or after award shall be made to Christopher Shore.

6. CONDITIONS AFFECTING THE WORK: The Offeror should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, the general and local conditions which can affect the cost of the work thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The government will assume no responsibility for any understanding or misrepresentations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the request for quotes, the specification or related documents.

7. AFTER AW ARD OF THE CONTRACT: The contractor must immediately notify the contracting officer's QAE representative of his intended start date. The work shall be done in accordance with the specification.

8. ORAL MODIFICATION: No oral statement of any person other than the CONTRACTING OFFICER shall in any manner or degree, modify or otherwise affect the terms of this contract.

9. WORKMANSIDP: All work shall be accomplished with the best standard practices, and by workmen thoroughly experienced in the required trades. The work shall be supervised by experienced personnel and shall be satisfactory to the Contracting Officer.

10. PERl\'IlTS: The contractor shall without additional expense to the government, obtain all appointments, licenses, and permits required for the prosecution of the work. The contractor shall comply with all applicable federal, state and local laws.

11. CLEAN UP: All trash and debris shall be removed from the site daily. The job site shall be left in a clean and neat manner.

12. WORK OUTSIDE REGULAR HOURS: If the contractor desires to carry on work on Saturday, Sunday, holidays or outside the station's regular hours, he may submit his request in writing to the Contracting Officer's QAE Representative for approval consideration. The contractor shall allow ample time to enable satisfactory arrangements to be made by the government for inspecting the work in progress.

13. UPON C01\1PLETION OF WORK: Contact the Contracting Officer QAE Representative to arrange for inspection/acceptance of work.

14. IDENTIFICATION OF CONTRACTOR PERSONNEL AND VEmCLES: The contractor shall provide a detailed list of all employees to the QAE Representative five (5) days prior to commencing work. The employee list shall contain the employee's full name, date and place of birth, current address and last four (4) of SSN. Each contractor provided vehicle or towed trailer shall show the contractor's name so that it is clearly visible on the vehicle. A valid state license plate and safety inspection sticker is required. All vehicles operated on government property shall be maintained in a good state of repair.

15. SAFETY REQUIREMENTS:

A. Responsibilities: All contractors working on CG property in Cape Charles shall abide by all federal safety regulations as published by the Occupational Health and Safety Administration, 29 CFR 1910 (series), 29 CFR 1925 (series) and 29 CFR 1926 (series). Contractor written safety programs shall be reviewed by the Base Safety Officer prior to starting work.

i. Written notification must be provided to the Base Safety Officer, Erich Biswell (757.638.2793 or C 757.641.7854) in their capacity as Base Fire Marshal of any activity that could potentially cause fire or explosion or that changes or reduces the capability of fighting a fire or explosion. Some examples of qualifying activities are: a fire hydrant or fire suppression system that must be taken out of service for any reason, electrical work that affects fire alarm systems, introduction of hazardous or flammable material onto the property, and blocking of any egress routes or emergency vehicle routes. Inclusion of this information in the contract constitutes written notification as long as the outsource review sheet is signed by Base Safety Officer.

B. Rights: Every employee working on Coast Guard property has the right to a safe and healthy work place. The contractor has the responsibility and right to stop unsafe work.

QAE' s and the Safety Officer may also institute a work stoppage relating to unsafe practices or immediate danger to life and health situations.

16. ENVIRONMENTAL PROTECTION REQUIRE:MENTS:

A. All contractors working on Coast Guard property shall abide by all federal environmental regulations as published by the Environmental Protection Agency, 40 CFR (series). Contractor written environmental management and pollution prevention programs shall be reviewed by the Environmental Protection Specialist, Chris Ollice (757.483.8593 or C 757.373.2558) prior to starting work and must be in accordance with ICSPORTSV A INSTM5090.2, the Unit Environmental Guide.

B. Written notification must be provided to the Environmental Protection Specialist of any activity that could potentially cause a permit violation on Coast Guard property.

Some examples of qualifying activities are: any activity that could result in a spill or discharge into a waterway or introducing a hazardous material into the environment.

C. Copies of the following must be provided to the Environmental Protection Specialist prior to starting work in affected areas: Material Safety Data Sheets, permits, and notices of intent.

D. Hazardous materials used by a contractor are required to be disposed of by that contractor. Disposal must be in accordance with federal, state, and local guidelines.

52.212-1- Instructions to Offerors ·Commercial Items (Tailored for quotes under FAR part 13)

As prescribed in 12.30 I (b )(1 ), insert the following provision:

Instructions to Offerors ··Commercial Items (Jan 2017)

FAC2005-95

Eff: 1/19/2017

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

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

( 1) The solicitation number.

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

( l 0) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

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

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

(d) Product samples. When required by the solicitation, product samples shall be submined at or prior to the time specified for receipt of offers.

Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government. and returned at the sender's request and expense. unless they are desttoyed during preaward testing.

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

en Late submissions. modifications. revisions. and withdrawals of offers.

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

(2)

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

and-

FAC2005-95

Eff: 111912017

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

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

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

(ii) However, a late modification of an otherwise successful offer, that makes its tenns more favorable to the Government.

will be considered at any time it is received and may be accepted.

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

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

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

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

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

(i) Availability of requirements documents cited in the solicitation.

(i) The GSA Index of Federal Specifications. Standards and Commercial Item Descriptions. FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section

Suite 8100 470 L'Enfant Plaza. SW Washington. DC 20407 Telephone (202) 619-8925)

Facsimile (202 619-8978).

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

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

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

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

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

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

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

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

FAC 2005-95

Eff: l/l9/20l7

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue. Philadelphia, PA 19111-5094. Telephone (215) 69712197. Facsimile (215) 697-1462.

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

(j) Unique entity itlentifier. (Applies to all offers exceeding $3.500, and offers of $3.500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation .. Unique Entity Identifier" followed by the unique entity identifier that identifies the Offerer's name and address.

The Offeror also shall enter its Electronic Funds Transfer (EfT) indicator. if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offerer to establish additional SAM records for identifying alternative EfT accounts (see subpart 32.11) for the same entity. If the Offerer does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offerer should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

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

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

( 1 ) The agency's evaluation of the significant weak or deficient factors in the debriefed off eror' s off er.

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

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

( 4) A summary of rationale for award;

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

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

(End of Provision)

52.212-2 Evaluation-Commercial Items.

As prescribed in 12.JOl(c), the Contracting Officer may insen a provision substantially as follows:

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:

Price, technical capability, post performance and delivery time

(b} Options. The Government will evaluate offers for award pwposes by adding the total price for all options to the total price for the basic requirement. 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.

(End of provision)

52.212·3 •• Offeror Representations and Certifications •• Commercial Items.

As prescribed in 1.UQ!(b)(2), insert the following provision:

Offeror Representations and Certifications·- Commercial Items (Jan 2017)

FAC 2005-95

Eff: 1119/2017

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and cenification electronically via the System for Award Management (SAM) Web site located at httff//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 11.B. in the OOL 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 11.B. in the DOL Guidance.

"Civil judgment" means--

( l) 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 11.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/faimayandsafeworkplaces.

"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--

(I) Department of Labor Wage and Hour Division (WHO) 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 ofFebruary 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 COFCCP) for--

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

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Eff : 1/19/2017

(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-

( l) 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. chapter67, 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.

(IO) 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).

Eff: 1119/2017

(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-

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

( 10) PSC 9630, Additive Metal Materials.

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

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

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities. oil related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L 110-174 ). Restricted business operations do not include business operations that the ~on (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-

( I ) 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 infonnational 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. l 702(b )(3)).

"Service-disabled veteran-owned small business concern"-

( 1 ) Means a small business concern-

Eff: 1/19/2017

(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 defmed in 38 u.s.c. I01(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. l 05) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defmed 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-

(I ) 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-

(I) Not less than 51 percent of which is owned by one or more veterans( as defmed at 38 U .S.C. IO I (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 --

(I) 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 coun otder 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)

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( 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.acquisicion gov. After reviewing the SAM database infonnation. 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 . [O.fferorto identify the applicable paragraphs at ( c) through ( u) of this provision that the ojferor has completed for the purposes of this solicitation only. if any. 11iese amended representation( s) and/or certiftcation(s) are also incorporated in this offer and are cu"ent, accurate, and complete as of the dare 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 perfonned 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 pan 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 LJ 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 LJ 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)(l) of this provision.] The offerorrepresents that it LJ 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, LJ 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 LJ is, LJ 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, LJ 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 LJ is, LJ is not a joint venture that complies with the requirements of 13 CFR pan 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)( I) of this provision.] The offeror represents that it LJ 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 incwred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

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

(i) It[_] is, L] 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, L] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)( IO)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [77re offeror shall enter the names of each of the HUBZone small business concerns panicipating 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, LJ 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) Affirmntive 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 Fetleral 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 intluencing 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 off eror need not repon regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Cenificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American- Supplies, is included in this solicitation.)

j

( l) 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:

;uNE ITEM NO. !COUNTRY OF ORIGIN I r~~~~~~~~~~r~~~~~~~~~~

[List as necessary)

(g)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(I) Buy American -- Free Trade Agreements -- Israeli Trade Ad Cenijicate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

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(i) The offeror certifies that each end product, except those listed in paragraph (g)( I )(ii) or (gX I Xiii) 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 tenns .. Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," ..