FINAL_17Q61045.pdf

HSCG40-17-Q-61045

ADDENDUM TO STANDARD FORM 1449 (SF1449)

SUPPLIES OR SERVICES AND PRICES/COSTS

BACKGROUND

This Blanket Purchase Agreement (BPA) covers tug boat services, to be ordered on an as-needed basis, to support waterfront operations at the U.S. Coast Guard Yard, located at 2401 Hawkins Point Road, Baltimore, MD 21226, as specified in the Performance Work Statement (PWS).

TYPE OF VEHICLE

This is a commercial fixed-price BPA, consisting of one (1) 12-month base period and four (4) 12-month option periods.

PERIOD OF PERFORMANCE

This BPA is issued for a period not to exceed five (5) years. Calls may be placed during this five (5) year period unless an annual review of market conditions, sources of supply, and other pertinent factors warrant new arrangements.

QUANTITIES

The quantities shown for all CLINS reflect estimated quantities only.

WAGE RATE DETERMINATION

A Wage Rate Determination has been requested from the Department of Labor and shall be incorporated upon receipt.

The Contractor shall provide tug boat services, on an as needed basis, to the U.S. Coast Guard Yard, for towing, ship assist, and ice breaking as required in the Performance Work Statement (PWS), Attachment 1.

The United States Coast Guard Requirements for Uninspected Towing Vessels is hereby incorporated into this BPA.

YEAR ONE

CLIN DESCRIPTION EST.

QUANTITY

UNIT PRICE TOTAL PRICE

0001 Towing dead ship in accordance with attached Performance Work Statement

Min. 4 hours

0002 Multiple towing dead ship in accordance with attached Performance Work Statement

Min. 4 hours

0003 Tug escort in accordance with attached

Performance Work Statement

Min. 4 hours

0004 Multiple tug escorts in accordance with attached Performance Work Statement

Min. 4 hours

0005 Ice Breaking operations Min. 4 hours

0006 Deployment/movement of containment boom Min. 4 hours

YEAR TWO

1001 Towing dead ship in accordance with

Min. 4 hours

1002 Multiple towing dead ship in accordance with attached Performance Work Statement

Min. 4 hours

1003 Tug escort in accordance with attached

Performance Work Statement

Min. 4 hours

1004 Multiple tug escorts in accordance with attached Performance Work Statement

Min. 4 hours

1005 Ice Breaking operations Min. 4 hours

1006 Deployment/movement of containment boom Min. 4 hours

YEAR THREE

2001 Towing dead ship in accordance with

Min. 4 hours

2002 Multiple towing dead ship in accordance with attached Performance Work Statement

Min. 4 hours

2003 Tug escort in accordance with attached

Performance Work Statement

Min. 4 hours

2004 Multiple tug escorts in accordance with attached Performance Work Statement

Min. 4 hours

2005 Ice Breaking operations Min. 4 hours

2006 Deployment/movement of containment boom Min. 4 hours

YEAR FOUR

3001 Towing dead ship in accordance with

Min. 4 hours

3002 Multiple towing dead ship in accordance with attached Performance Work Statement

Min. 4 hours

3003 Tug escort in accordance with attached

Performance Work Statement

Min. 4 hours

3004 Multiple tug escorts in accordance with attached Performance Work Statement

Min. 4 hours

3005 Ice Breaking operations Min. 4 hours

3006 Deployment/movement of containment boom Min. 4 hours

YEAR FIVE

4001 Towing dead ship in accordance with

Min. 4 hours

4002 Multiple towing dead ship in accordance with attached Performance Work Statement

Min. 4 hours

4003 Tug escort in accordance with attached

Performance Work Statement

Min. 4 hours

4004 Multiple tug escorts in accordance with attached Performance Work Statement

Min. 4 hours

4005 Ice Breaking operations Min. 4 hours

4006 Deployment/movement of containment boom Min. 4 hours

DELIVERIES OR PERFORMANCE

FAR 52.211-8 TIME OF DELIVERY (JUNE 1997)

a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

CLIN EST. QUANTITY WITHIN DAYS AFTER…..

0001 through 0006, and each option year CLIN

Minimum 4 hours each 24 hours after receipt of call

The Government will evaluate equally, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

CLIN EST. QUANTITY WITHIN DAYS AFTER…..

0001 through 0006, and each option year CLIN

Minimum 4 hours each ____ after receipt of call

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the

Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding

(1) five calendar days for delivery of the award through the ordinary mails, or

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically.

(The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

PLACE OF PERFORMANCE

All services shall be performed at the U.S. Coast Guard Yard, 2401 Hawkins Point Road, Baltimore, MD 21226.

CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATION

The Contracting Officer or authorized representative, located at the U.S. Coast Guard Surface Forces Logistics Center, 707 E. Ordnance Road, Baltimore, MD 21226-5000, shall be the contract administrator for this contract – Ron Almond,

(410) 762-6739, Ronald.Almond@uscg.mil.

INDIVIDUALS AUTHORIZED TO PLACE CALLS

The following individuals are authorized to place calls against this BPA up to the amount specified.

NAME MAXIMUM ORDER AMOUNT

Any Coast Guard warranted Contracting Officer As identified in each individual warrant

Tim Walker $2,500

Jason Grad $2,500

Fred Brady $2,500

Michael Williams $2,500

Jerry Boggs $2,500

Al Carroll $2,500

It is anticipated most calls under this BPA will not exceed $2,500 however calls may be placed up to $150,000.00.

EXTENT OF OBLIGATION

The Government is obligated under this BPA only to the extent of authorized calls actually made under the BPA.

PURCHASE LIMITATION

No calls placed under this agreement shall exceed the amount negotiated and agreed to at the time of award unless modified by the Contracting Officer.

ORDERING PROCEDURES

Task orders placed under this solicitation will normally be made in writing. Task orders may be placed verbally by an authorized caller identified in this BPA. Verbal task orders will be followed up in writing within three (3) business days of placing each task order. Each task order will cite the BPA number and task order number. Funds established on each task order will at no time exceed the simplified acquisition threshold identified in FAR Subpart 13.303-5, Purchases

Under BPAs.

mailto:Ronald.Almond@uscg.mil

INVOICING REQUIREMENTS

All information set forth in FAR Clause 52.212-4(g) must be included in an invoice for it to constitute a proper invoice.

An original invoice shall be submitted to the following designated payment office:

U.S. Coast Guard

P.O. Box 4122

Chesapeake, VA 23327-4122

M/F: Blanket Purchase Order Number: {to be furnished at the time of award}

Task Order Number: {to be furnished with each individual delivery order}

Failure to submit invoices directly to this office will delay prompt payment of your invoice. A copy of any invoice submitted for payment must also be forwarded to the Contracting Officer clearly marked “Information only.”

**NOTE: Contractor's may submit invoices by email via FIN-SMB-YardTeam@uscg.mil

Task orders may also be paid via credit card. The individual authorized to place task orders will notify the vendor at the time the task order is placed if payment will be made via credit card or if the vendor will be required to submit an invoice to the Finance Center.

DELIVERY TICKETS

After completion of each task order the Contractor shall submit a delivery ticket to the Contracting Officer containing the following minimum information:

Name of Supplier

BPA Number/task order number

Date of service

Itemized list of services provided – to include number of vessels, total hours, total costs

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER

INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE

For use in the event your firm receives a BPA as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice.

Name:

Title:

Address:

Telephone Number:

Email Address:

mailto:FIN-SMB-YardTeam@uscg.mil

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the Contracting Officer’s Representative acting within the limits of their authority. A

Contracting Officer’s Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.

No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments or referenced drawings and/or specifications contained herein.

CONTRACTING OFFICER’S AUTHORITY

No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this BPA and any task orders placed under this BPA. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the

Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made price to cover any increase in costs incurred as a result thereof.

CONTRACTOR PERFORMANCE EVALUATION

The resultant contractor's performance shall be evaluated throughout the BPA period for inclusion into a Contractor

Performance Report (evaluation) by the end user(s) for use by this agency and other government agencies on future source selection award decisions. The report shall be completed by the assigned Contracting Officer’s Representative (COR) prior to exercising any option periods. Upon review by the Contracting Officer, the results will be provided to the contractor who will be given a period of thirty (30) days to review and provide comments. Contractor comments will be reviewed and considered by the Contracting Officer. The areas to be evaluated are:

Quality of Product or Service Meeting SDB Subcontracting Requirements (as applicable)

Cost Control (as applicable) Subcontractors

Timeliness of Performance Contractor Manager/Principal Investigator

Business Relations Overall Comment

Each area will be evaluated using the following adjectival scale: Exceptional, Very Good, Satisfactory, Marginal, and

Unsatisfactory.

The performance evaluation process shall be accomplished by all participants electronically using the Contractor

Performance Assessment Reporting System (CPARS) via the Internet. The CPARS is an all-inclusive system with many built-in levels of security designed to safeguard your performance evaluation throughout the entire process. In order to ensure that the Contracting Officer provides the correct person electronic access to the performance evaluation report for review and comment, the contractor shall provide to the Contracting Officer, (1) the primary contractor representatives name, e-mail address, telephone number and unique identifier and (2) the secondary contractor representatives name, e-mail address and telephone number. The contractor will receive a system generated e-mail notification when the performance evaluation for this BPA is ready for review. The contractor will access the Contractor Module of the system, review the evaluation and submit desired comments. The notification e-mail will contain instructions for the Contractor’s

Representative to log in with their unique ID in order to obtain a personal identification number (PIN). The PIN may be used to access this contractor’s evaluation only, and will be deactivated after the evaluation has been reviewed and comments have been submitted. The contractor should be mindful that the system provides thirty (30) days to electronically submit comments.

If no comments are received during the thirty (30) day period, the system will automatically set the evaluation to completed status and will incorporate a statement to the effect that no comments were received within the time limit. The fully completed report is automatically sent to the contractor by the system for viewing and may, at that time, be printed.

PRIME CONTRACTOR REPRESENTATIVE:

Name: __________________________

Email: __________________________

Telephone: ______________________

SECONDARY CONTRACTOR REPRESENTATIVE:

Name: __________________________

Email: __________________________

Telephone: ______________________

APPLICABLE CLAUSES

The following clauses are applicable to each task order placed under this Agreement as identified:

ALL task orders:

52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013)

52.232-36, Payment by Third Party (May 2014)

Over $2,500:

52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)

52.219-6, Notice of Total Small Business Aside (Nov 2011)

52.222-3, Convict Labor (June 2003) (E.O. 11755)

52.222-17, Nondisplacement of Qualified Workers (May 2014)

52.222-41, Service Contract Labor Standards (May 2014)

52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014)

52.222-50, Combating Trafficking in Persons (Mar 2015)

52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015)

52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017)

52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

Over $15,000:

52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793)

GOVERNMENT REPRESENTATIVES

(a) The Government, may upon award or thereafter, name representatives with titles such as Project Officer, Contracting

Officer's Representative(s), Resident Inspector(s), and so on. Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment.

(b) In any event, no such named individual has the authority to issue any direction, either technical or otherwise, which constitutes a change to the terms, conditions, price, or delivery schedule. ONLY the Contracting Officer is authorized to alter the BPA in any manner.

INSTRUCTIONS TO OFFERORS

NOTE: Quotations that fail to follow these submission requirements may be determined unacceptable and may be eliminated from further consideration.

Quotations shall be organized into two volumes. The first volume shall contain the Technical and Past Performance sections and shall not exceed 10 pages including all enclosures and attachments. The second volume shall include the

Price Proposal.

VOLUME I – Technical

The technical proposal shall include the following information and shall not exceed ten (10) pages in length:

(1) Documentation verifying the tug boats proposed to be utilized during performance of a resultant contract can meet all requirements identified in the Performance Work Statement. Documentation must include, at a minimum, a written explanation of vessels operating characteristics.

(2) Proof of insurance carried in accordance with 46 U.S.C. 30104 and 33 U.S.C. §901-950.

(3) Resume for all Captains meeting the requirements of 46 CFR Part 10. Resumes shall include all skills, education, training, and certifications applicable to operating marine vessels.

Past Performance

Offerors are required to provide three (3) past performance references for contracts completed during the past three years or currently in process for the same items being requested under this solicitation. Contracts listed may include those entered into by the Federal Government, agencies of the state and local governments, and commercial customers. Include the following information for each:

Name of Contracting Activity/Commercial Business.

Contract Number.

Contract Award Date.

Contract Completion Date.

Contract Value.

Two (2) customer points of contact including their daytime telephone numbers and email addresses.

References other than those provided by the Offeror may be contacted by the Government to obtain additional information that shall be used in the evaluation of the offeror’s past performance.

VOLUME II - Price

One fully executed and signed copy of the Request for Quotation (ALL PAGES) must be returned. Ensure that all representations and certifications are complete as required in the solicitation.

QUOTATIONS SHALL BE EMAILED TO KELLY WYATT, CONTRACTING OFFICER, AT

KELLY.A.WYATT@USCG.MIL BY THE DATE AND TIME ESTABLISHED FOR RECEIPT OF

QUOTATIONS.

Failure to submit a quotation by the established date and time may render the quotation unacceptable and the quotation may be eliminated from further consideration.

FAR 52.233-2 SERVICE OF PROTEST (SEP 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 KELLY WYATT, located at:

U.S. Coast Guard Surface Forces Logistics Center

CPD3/SSP/ISVS

707 E. Ordnance Road, Suite 410

Baltimore, MD 21226-5000

(b) The copy of any protest shall be received in the office designated above within one (1) day of filing a protest with the

GAO.

DHS POLICY FOR COMPETITIVE ACQUISITIONS

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 either

Certified Cost or Pricing Data (FAR 15.403-4) or Data Other Than Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations.

EVALUATION

The Government will award up to three (3) fixed price Blanket Purchase Agreements (BPAs) 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:

(i) Technical

(ii) Past Performance

(iii) Price

The Government intends to evaluate offers and make an award without discussions. 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’s interest and waive informalities and minor irregularities in offers received.

mailto:KELLY.A.WYATT@USCG.MIL

The Government may determine that a quotation is unacceptable if the prices proposed are materially unbalanced between line items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A quotation may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the

Government.

A written award or acceptance of quotation mailed or otherwise furnished to the successful offeror within the time specified in the quotation shall result in a binding contract without further action by either party.

Award shall be made on the basis of the lowest evaluated price of quotations that are found technically acceptable (LPTA).

EVALUATION FACTORS

Technical

In order for quotations to be determined technically acceptable the offeror must submit the following information:

(1) Documentation verifying the tug boats proposed to be utilized during performance meet all requirements identified in the Performance Work Statement. Documentation must include, at a minimum, a written explanation of vessels operating characteristics.

(2) Proof of insurance carried in accordance with 46 U.S.C. 30104 and 33 U.S.C. §901-950.

(3) Resume for all Captains meeting the requirements of 46 CFR Part 10. Resumes shall include all skills, education, training, and certifications applicable to operating marine vessels.

Offers will be evaluated to determine the extent to which the offeror meets or exceeds all requirements identified in the

Performance Work Statement.

Quotations received that do not include this information shall be determined unacceptable and shall be eliminated from further consideration.

Past Performance

Offerors will be evaluated on performance under existing and prior contracts for similar supplies. Performance information will be used as an evaluation factor as required by Federal Acquisition Regulation (FAR) 15.304(c)(3). The

Government will focus on information that demonstrates quality of performance relative to the size and complexity of the acquisition under consideration. Offerors lacking past performance information may not be evaluated favorably or unfavorably but will receive a neutral rating. The Contractor’s past performance will be evaluated in light of the responses received from the Offeror’s proposed references. The Government intends to review Government databases, including but not limited to the Contractor Performance Assessment Reporting System (CPARS), specifically with regard to the nature of the business area(s) involved and its relevance as it relates to this solicitation. Only relevant past performance information shall be considered. In order for past performance to be relevant it must be comparable to the requirement of the solicitation with regard to the contract type, product, similarity, and similar scope.

In order to receive an award the offeror must have a rating of Satisfactory or better or receive a Neutral rating.

Price

Price evaluation shall be conducted as follows:

(a) The unit price of each CLIN shall be multiplied by the estimated quantity to arrive at an estimated total price. The total of all CLIN’s shall be added together to arrive at an evaluated total.

(b) Price Reasonableness – The Government will determine price reasonableness by comparison between quotations received, comparison with the government estimate, and comparison with historical and market research results.

RESPONSIBILITY

The Government reserves the right to perform Pre-award surveys for the purpose of further confirming the capabilities of the Offerors.

The Offerors must be determined responsible in accordance with the standards of Federal Acquisition Regulation (FAR)

Subpart 9.1 to be eligible for award.

EVALUATION FOR MULTIPLE AWARDS

In addition to other factors, quotations will be evaluated on the basis of advantages and disadvantages to the Government that might result from making more than one award (multiple awards). It is assumed, for the purpose of evaluating quotations that $500 would be the administrative cost to the Government for issuing and administering each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result in the lowest aggregate cost to the Government, including the assumed administrative costs.

FAR 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 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— http://www.sam.gov/portal http://www.dol.gov/fairpayandsafeworkplaces

(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;

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

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

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

Assistance Act of 1974; and

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

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

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

Assistance Act of 1974.

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“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 SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

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

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

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.

https://www.acquisition.gov/

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

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

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

_____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the

EDWOSB representation.

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

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

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

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

Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the

HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

____ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the

Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

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

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

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

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

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

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no

Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of

Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying

Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American –

Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and

“United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

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