ATTACHMENT_4_-_SOLICITATION_PROVISIONS_(AHDD).doc

REQUEST FOR PROPOSAL

SOLICITATION NO. HSCG85-17-R-P45157

DRY-DOCK AND REPAIRS OF CGC ALEX HALEY (WMEC 39)

ATTACHMENT 4 – SOLICITATION PROVISIONS

FAR 52.252-2 SOLICITATION PROVISION INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov/far/ http://www.dhs.gov/publication/hsar The clause at FAR 52.212-1 Instructions to Offerors—Commercial Items (OCT 2016) incorporated by reference is amended as to supplement with the following terms and conditions:

Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (OCT 2016)

(1)

REQUIREMENTS/INSTRUCTIONS FOR SUBMISSION OF PROPOSALS

A.

INSTRUCTIONS FOR SUBMISSION OF PROPOSAL

These instructions prescribe the format and approach to be used in the development and presentation of proposal data. They are designed to assure the submission of information essential to the proposal. The instructions permit the inclusion of data or information an offeror deems pertinent.

(a) Proposals must be prepared in accordance with these instructions, providing all required information in the format specified. Failure of a proposal to show compliance with these instructions may be grounds for exclusion of the proposal from further consideration.

(b) Offerors are cautioned that the government could elect to award a contract without discussion therefore, initial proposals should represent the best possible effort. Attention is invited to FAR 52.215–1(f).

(c) Any resultant contract shall include the general contract provisions and contract clauses applicable to the selected offeror's organization and type of contract awarded. Any additional clauses required by public law, executive order, or acquisition regulations in effect at the time of execution of the proposed contract will be included. The Coast Guard reserves the right to incorporate into the resulting contract all or any portion of the offeror's proposal.

(d) The proposal shall concisely describe the offeror’s response to the requirements of the solicitation. Elaborate artwork, expensive paper or bindings, and expensive visual or other aids are not necessary or encouraged.

(e) All pages containing text shall be typewritten or printed on 8 ½ x 11 inch paper, with at least single spacing. Type size for text shall be no smaller than 10 point, with not more than an average of twelve (12) characters per linear inch (12 pitch), with proportional spacing permitted. Type size for figures and tables shall be no smaller than 5 point, 20 pitches, with proportional spacing permitted. Margins on all four edges of each page will be at least one inch. A page printed on both sides shall be counted as two pages. A maximum of ten fold out pages no larger than 11 x 10 x17 inches will be allowed as an appendix to the technical volume. Proposals shall not be supplemented by a package or reference or reference documents. Pages exceeding the limitations will be removed from the proposal by the Contracting Officer and returned to the offeror to ensure that they are not evaluated. Other deviations from the instructions will be reviewed by the Contracting Officer to ensure that no offeror receives a competitive advantage. Deviations resulting in a competitive advantage for an offeror will result in the proposal being returned to the offeror as noncompliant with the RFP requirements.

All pages in the proposal shall be numbered and identified with the proposal’s name (USCGC ALEX HALEY(WMEC 39), Dry-Dock & Repairs FY17, RFP number, and date of proposal). Subsequent revisions should be similarly identified to show revision number and date.

A table of contents should be provided with figures and tables listed separately where necessary. (These pages are excluded from the page count.)

B.

REQUIREMENTS FOR PROPOSAL CONTENT

Offerors shall submit price and technical proposals (technical proposal shall contain past performance information) in separate volumes as follows:

Volume Title

Copies

Page Limit Volume I Price Proposal Original and 1 copy

None

Volume II Past Performance Proposal Original and 2 copies

5 pages

Volume III Gantt Bar Chart 1 copy

None

VOLUME I: PRICE

Price proposal instructions: Provide the original and one (1) fully executed and signed copies of the solicitation. Ensure all sections are complete.

Provide a listing by subcontractor with the following information:

(a) Identification of each proposed subcontractor (name, address, phone number) and his small business status.

A brief description of the service or supply, by work item, to be furnished and the proposed price for each.

(c) An explanation of why and how the proposed subcontractor was selected including the extent of competition obtained.

VOLUME II - PAST PERFORMANCE

In accordance with FAR 15.305(a)(2)(i), the Offeror is required to identify past or current contracts (including Federal, State, and local Government and/or private) for efforts similar to the Government requirement for this availability performed within the last three (3) years. The offeror shall limit this information to no more than five contracts performed within the last three years, each listed separately. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the Offeror’s past performance. The Offeror is further reminded that the source selection authority shall determine the relevance of similar past performance information. The Offeror is requested to provide this information in the following format for each contract:

(1) Contract number, and agency point of contact and telephone number;

(2) Ship name, hull number, type, and displacement;

(3) Type of availability (dry dock, dockside, etc.), description of work items, and where performed;

(4) Original contract commencement and completion dates, actual commencement and completion dates, and explanation of (i.e. reasons for) schedule slippage/extensions, if any;

(5) Award and final (award plus growth) contract prices, including the total number of growth work changes and scope of these changes;

(6) Total number of actual man-hours expended, and how many of those hours were for additional /changed work;

(7) The number of and reasons for any deficiency reports issued by the customer for each specification item. Provide copies of these reports if requested;

(8) Discuss problems encountered and the Offeror’s corrective actions If subcontracting arrangement is proposed, the above data must also be provided for each first tier subcontractor. If a joint effort or teaming arrangement is proposed, highlight previous experience with the proposed team or subcontractor.

The quality of past performance and relevance of experience to the Coast Guard will be evaluated. The ability to manage and maintain a qualified workforce will be considered. Customer satisfaction will be an integral consideration. In evaluating past performance the Government will consider contracts performed during the last 3 years. Emphasis will be placed upon the contractor’s administration of the contractual responsibilities. The Contractor’s past performance will be evaluated according to the following factors: Quality of Product or Service, Timeliness in Performance, Business Relations, and Management of Key Personnel.

In evaluating Contractors past performance, the government intends to also review U.S. Coast Guard Contractor Performance Assessment Reports and other existing past performance ratings on relevant contracts. General trends in a Contractor’s performance will also be considered.

Consistent with FAR 15.306(a) & (b), offerors may provide information on adverse past performance information to which the offeror has not previously had an opportunity to comment.

VOLUME III – GANTT BAR CHART

The offeror shall provide a preliminary Gantt Bar Chart to demonstrate the completion time of each task of the requirement.

2.

PROPOSAL SUBMISSION

Offerors that elect to use commercial delivery services for delivery of proposals/quotes are advised that such delivery must be made directly to Suite 800N on the 8th Floor North of the Oakland Federal Building, 1301 Clay Street, Oakland, CA on 20 January 2017 at 1:00 P.M., Pacific standard time. Delivery of the proposal to any other location within the Federal building will not be sufficient or acceptable. Mailed and e-mailed proposals will be accepted. Facsimile proposals will not be accepted. Emailed proposals shall be sent to Valerie.S.RiveraChase@uscg.mil. An Offeror that fails to meet any due date will be considered “late” in accordance with FAR 52.212-1(f).

(3)

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 acknowledgement of receipt from Valerie Rivera-Chase, U.S. Coast Guard, Surface Forces Logistics Center-LREPL, 1301 Clay Street, Suite 800N, Oakland CA, 94612-5249.

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

(4)

VALIDITY PERIOD OF PROPOSALS

The Offeror agrees to hold the prices in its proposal firm for 60 calendar days from the date specified for receipt of proposals, unless another time period is specified in an addendum to the solicitation.

(5)

NOTICE OF PREAWARD SURVEY

(a) Areas of interest on this survey may include, but are not limited to the following:

1. Performance Plans

2. Quality control or contractor quality assurance Plans

3. Personnel recruitment and training plans

4. Workload factors for manpower utilization

5. Management plan for handling peak workloads

6. Production capability

a. Plant facilities and equipment

b. Purchasing and subcontracting

c. Labor resources

d. Performance record

e. Ability to meet delivery schedules

f. Ability to perform production work in accordance with the specifications.

7. Environmental/energy considerations

8. Plant safety

9. Technical and/or professional abilities

10. Accounting systems

11. Security clearance

12. Government property control (b) Offerors are advised that accomplishment of this survey is a part of the evaluation process and is not to be construed as an indication that a bidder will receive or is in the best position to receive the resultant award.

(6)

DHS NOTICE TO OFFERORS

It is DHS policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible offer 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.

(7)

WELDING CERTIFICATIONS AND QUALIFICATIONS

This solicitation may contain welding line items as either Definitive or Optional Items. With his/her proposal, the Contractor shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), Standard Specification 0740_STD. Subsequent to contract award, the Government will require the Contractor to submit applicable certifications and qualifications to the COTR for any welding to be performed on any proposed change request.

(8) Drydock Certification and Drydock Calculations

With his/her proposal the Contractor shall provide a current certification of its drydocking facility as required by the specification, Work Item D-01, Drydocking, and SFLC Standard Specification 8634. When requested by the Contracting Officer, the Contractor shall also provide the pre-award calculations described in specification Work Item D-01, Drydocking, Cutter Conditions, and Appendix B of the SFLC Standard Specification 8634. Subsequent to contract award, the Government will require the Contractor to provide the docking and un-docking calculations described in Appendix B of the SFLC Standard Specification 8634.

(9) FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS (JUN 1988)

The specifications cited in this solicitation may be obtained from:

United States Coast Guard

SFLC, C&PD2 LREPL

Valerie Rivera-Chase at (510) 637-5972 or via email Valerie.S.Riverachase@uscg.mil.

The request must be placed within seven(7) days of the solicitation issue date should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

It is the Contractor’s responsibility to verify drawing measurements prior to ordering materials.

(10) FAR 52.216-1 Type of Contract (APR 1984)

This Request for Proposals (RFP) is issued in accordance with FAR Part 12 Acquisition of Commercial Items and FAR Part 15 Contracting by Negotiation. The Government contemplates award of a firm fixed price contract resulting from this solicitation.

(11)

INSPECTION OF CUTTER PRIOR TO SUBMISSION OF PROPOSALS

(a) All prospective offerors are urged to visit the cutters and visually inspect each item of work and to become acquainted with local conditions, locations of items and fixtures, removals, replacements, interference and the nature of work. CGC ALEX HALEY will be available for ship check during the solicitation period for this requirement. Offerors are advised to contact ENG2 Daniel Comeau at (907) 487-5038 or via e-mail Daniel.J.Comeau@uscg.mil to arrange a ship check on CGC ALEX HALEY.

(b) Failure to inspect the cutter will not relieve the offeror from responsibility for properly estimating the difficulty or cost of successfully performing the work.

(c) The Government assumes no responsibility for any representations concerning conditions made by any of its officers, agents, or employees before execution of the contract unless included in the solicitation, documents incorporated therein or amendments thereto.

(12)

FAR 52.215-20 ALT IV REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010)

(a) Submission of cost or pricing data is not required (b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination.

The information may be as follows:

REQUEST FOR INFORMAL COST BREAKDOWN

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

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

Breakdown of labor grades by trade category

Manhours per trade, per labor grade

Cost/hour/trade

Supplies/materials (description & cost of each)

Sub-total

Pension Plans

Overhead at a rate of ______%

Profit at a rate of ________%

Total for item _____________

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

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

1.

Price

2.

Past Performance

Past performance is weighted significantly more important than price.

In selecting the best overall offer, the Government will consider the value of each offer in terms of the evaluated technical quality offered for the price. The relative quality of offerors will be based upon their ability to meet or exceed the minimum performance requirements of this solicitation resulting in less risk of nonperformance, defective performance, and late performance under the resulting contract. The quality in past performance offers will be compared with differences in the overall price to the Government.

Price will not be a numerically weighted factor in the evaluation of proposals. If the two or more highest rated past performance proposals are considered to be essentially equal in terms of technical competence, price may become the determinative factor in making an award.

The Government reserves the right to award a contract on the basis of evaluation of the original submission without discussions or call for Final Proposal Revisions.

FACTOR 1 – PRICE

The total evaluated price of the offeror will be determined by totaling the proposed prices of all the Definite Items, plus the price of the Optional Items, plus the composite labor hour extended total, plus lay days, and foreseeable costs.

(1) DEFINITE ITEMS: These are the items, which, if there is an award at all, will be awarded. The bid shall be evaluated to include the price for each definite item.

(2) COMPOSITE LABOR HOUR RATE: The offer shall be evaluated to include the offer price for the Composite Labor Hour Rate multiplied by the estimated quantity of hours.

(3) OPTIONAL ITEMS: These are the items which may be awarded if inspection reports reveal the necessity for activation, or if funds become available. The Government will evaluate offers for award purposes 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 the options shall not obligate the Government to exercise the options.

(4) LAY DAYS: The Offer shall be evaluated to include the price for three lay days for the cutter.

(5) FORESEEABLE COSTS: The Coast Guard will incur certain costs for transiting the cutter from and back to its home moorage and for inspection and other support during performance of the contract. The offer will be evaluated to include foreseeable costs forth in paragraph entitled FORESEEABLE COST FACTORS PERTAINING TO DIFFERENT SHIPYARD LOCATIONS below.

FACTOR 2 - PAST PERFORMANCE

This factor evaluates recent past performance on relevant work similar to the scope of work in this solicitation. Recent past performance is considered to be within the last three (3) years. In evaluating past performance, the Government will consider the information in the Offeror’s proposal as well as information gathered from other sources including former customers, Government agencies, federal databases and other references.

The Government will determine relevance of past performance information (PPI) for each offeror. In determining relevancy, the Government will consider the following information:

1) Scope of contract. Including dollar value and length of performance period.

2) Offeror’s performance as prime contractor on a dry-dockside & repair contract.

The past performance evaluation will take into account the guidelines outlined at FAR 15.305(a)(2) Past Performance Evaluation. The Contractor’s past performance will be evaluated according to the following factors: Quality of Product or Service, Schedule, Business Relations, and Management of Key Personnel.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance, but will be assigned a neutral rating.

(b) Options. These are the items which may be awarded if inspection reports reveal the necessity for activation, or if funds become available. The Government will evaluate offers for award purposes 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 the options shall not obligate the Government to exercise the options.

(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.

ADDENDA FAR 52.212-2, Evaluation-Commercial Item 1.

FORESEEABLE COST FACTORS PERTAINING TO DIFFERENT SHIPYARD

LOCATIONS

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

Contracting Officer will evaluate certain foreseeable costs to the Coast Guard that will vary with the location of the commercial shipyard to be used by offerors of services under this solicitation. Costs will be calculated based on the offeror’s shipyard location and these costs will be added, for the purposes of evaluation only, to the offeror’s overall bid price. These elements of foreseeable costs consist of the following:

TRAVEL:

A. OPERATING COST: The cutter’s fuel and maintenance cost for one round trip from the cutter’s home moorage at Kodiak, AK to the contractor’s place of performance $233.55 per nautical mile.

B.

TRAVEL: Foreseeable costs of travel as indicated below shall be evaluated whenever the location of contract performance is greater than 50 geographical road miles* from the indicated points of origin listed below. Road miles shall not include transportation by watercraft. *In accordance with Rand McNally Trip Maker or the Maps On Us Website found at http://www5.mapsonus.com

(1) SFLC C&PD2 Contracting Officer to fly 1 round trip commercial airline (or other reasonable commercial or private transportation to be determined at the time of closing date) round trips from Oakland, CA, to the contractor’s place of performance, based on Government contract carrier rates in effect at time of evaluation of the solicitation.

(2) CREW MEMBER TRAVEL: Foreseeable costs of travel for eligible crewmembers shall be computed whenever the location of contract performance is 50 miles beyond the area from which personnel customarily commute daily to their home moorage of Kodiak, AK There are 175 members aboard USCGC ALEX HALEY for such compensation. As this availability will last greater than 30 but less than 100 days, foreseeable costs will be calculated based on one (1) round trip for each crew member, (total 175 round trips).

C.

RENTAL CAR: Foreseeable costs for rental car as indicated below shall be evaluated whenever the location of contract performance is greater than 50 geographical road miles from the indicated points of origin listed below.

(1) SFLC-LRE Naval Engineer from Oakland, CA to rent a commercial vehicle for (2) two days at the GSA contract daily rate in force at time of evaluation of the solicitation for geographic location of the Contractor’s place of performance.

(2) SFLC NED Port Engineer to rent a vehicle for six (6) days at the GSA contract daily rate in force at time of evaluation of the solicitation for the geographical location of the Contractor’s place of performance.

(3) Cutter to rent two fifteen passenger vans for 90 days each at the GSA daily rate in force at time of evaluation of the solicitation for the geographical location of the Contractor’s place of performance.

D.

PER DIEM: The Government will incur per diem costs at rates established for the geographic location of contract performance by the Joint Travel Regulations for travel. Foreseeable costs of per diem shall be evaluated whenever the location of contract performance is greater than 50 geographical road miles from the indicated point of origin.

(1) SFLC C&PD2 Contracting Officer, from Oakland, CA, for 2 days reimbursement per diem.

(2) SFLC Naval Engineer, from Oakland, CA, for 2 days reimbursement per diem.

(3) SFLC NED Port Engineer, from Kodiak, AK for 6 days reimbursement per diem.

E.

Family Separation Allowance: Family separation allowance for 70 personnel with dependents on board at $8.33 per day for each personnel for fifty (60) day(s) each when the place of performance is more than fifty (50) driving miles from the home pier of the vessel. *The entitlement is calculated from the date the vessel leaves homeport and ends upon return to homeport. All travel dates will be included in this calculation. See U.S. Coast Guard Pay Manual, COMDTINST M7220.29, Chapter 3-F.

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS

COMMERCIAL ITEMS (DEC 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (t) 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 was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces.

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

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

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

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

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

(6) 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

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“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.

“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.

“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 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, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations 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 (t) 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 will 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 not a small business concern.

is,

(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 not a veteran-owned small business concern.

is,

(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 not a service-disabled veteran-owned small business concern.

is,

(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 not a small disadvantaged business concern as defined in 13 CFR 124.1002.

is,

(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 not a women-owned small business concern.

is,

(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 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 is,

(ii) It 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.

is,

(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 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 is,

(ii) It 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.

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

(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 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 is,

(ii) It 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.

is, (d) Representations required to implement provisions of Executive Order 11246—

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

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

(ii) It has not filed all required compliance reports.

has,

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

(i) It 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 has developed and has on file,

(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:

[List as necessary]

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

(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that…