HSSS01-17-Q-0140_Multi_Spectral_Comparator.pdf

HSSS01-17-Q-0140

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

05/16/2017 488300

1 2

COMMUNICATIONS CENTER (PRO)

245 MURRAY LANE SW

BLDG T-5

PRO-PROCUREMENT DIV

WASHINGTON DC 20223

Multiple

950 H STREET NW SUITE 5300, WASHING

950 H STREET NW SUITE 5300

WASHINGTON

DC 20223

CATHRYN BRADLEY

06/02/2017 1500 ET

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Refer to Request for Quotes (RFQ# HSSS01-17-Q-0140 and the Statement of Work).

Period of Performance: 06/12/2017 to 06/11/2018

0001 Purchase one(1) Multi-Spectral Comparator per 1 EA the Statement of Work.

USSS BETC: DISB

Product/Service Description: OPTICAL INSTRUMENTS, TEST EQUIPMENT, COMPONENTS AND ACCESSORIES

0002 Purchase of one (1) day of training on the 1 US operation of the instrument per the Statement of Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSSS01-17-Q-0140

Work.

USSS BETC: DISB

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

UNITED STATES SECRET SERVICE

Multi-Spectral Comparator

Instructions to Offerors

FORMAT AND SUBMISSION OF PROPOSAL

The offeror shall submit a proposal in accordance with the following format:

PART A: General Business Information/Representations and Certifications

PART B: Technical Proposal, Past Performance and Price Proposal

PART A: General Business Information

The Offeror shall provide:

1) Name, title, telephone number, and email address of the point of contact.

2) Nine-digit DUNS. The DUNS is used to verify that the vendor is registered in the System for

Award Management (SAM). By submitting a proposal, the Offeror acknowledges the

Government requirement to be in the SAM database prior to award of any contract.

Information about SAM may be found at www.sam.gov.

3) Nine-digit TIN. The Taxpayer Identification Number is necessary for electronic payment.

PART B: Technical Proposal, Past Performance and Price Proposal

Award will be based on a lowest-price, technically-acceptable basis. Award will be made via a firm-fixed price order to the Offeror presenting the lowest priced offer that meets all the technical requirements specified in the solicitation. Contractors shall submit a price quotation.

In the event an order is awarded under this RFQ, the FAR provisions and clauses and terms and conditions shall be applicable to the awarded delivery order. The Government reserves the right not to issue a delivery order and to cancel this solicitation.

Price

Offerors shall provide firm fixed-prices, on the attached SF1449, to complete all work outlined in the

Statement of Work. The prices shall include all labor, materials, overhead, insurance, fees, and profit.

Quotations shall be evaluated in terms of quality and relevance of information presented in response to the

CLIN requirements, including delivery deadlines.

For evaluation purposes, the Total Evaluated Price shall be the sum of CLIN 0001. The proposed prices shall be evaluated for reasonableness in accordance with FAR 15.404-1(b)(2).

Technical

Sub-Factor A. Experience: The offeror shall provide no more than three examples of delivery and installation of the Multi-Spectral Comparator. Each example shall be no more than two pages.

The offeror shall be evaluated on the documents submitted of similar services related to this requirement.

Past Performance

The Government will query relevant FAPIIS/PPIRS/CPARS information to assess past performance in order to determine contractor responsibility. Past performance questionnaires shall not be distributed.

SUBMISSION OF QUOTES

All quotes must be submitted via email to Cathryn Bradley, Contract Specialist, at cathryn.bradley@usss.dhs.gov, and the undersigned, Mark Broughton at Mark.Broughton@usss.dhs.gov .

NO LATER THAN June 2, 2017 at 3:00 PM ET.

Attachments:

HSSS01-17-Q-0140 – Attachment 1 – Statement of Work mailto:cathryn.bradley@usss.dhs.gov mailto:Mark.Broughton@usss.dhs.gov

UNITED STATES SECRET SERVICE

Multi-Spectral Comparator

Statement of Work (SOW)

16 May 2017

1. GENERAL INFORMATION.

The United States Secret Service (USSS) Criminal Investigative Division (CID) has a requirement for one (1)

Multi-Spectral Comparator and one (1) day of training on the operation of the instrument.

2. Scope.

The USSS anticipates a firm fixed price single delivery order award for one (1) Multi-Spectral Comparator and one (1) day of training on the operation of the instrument. The Multi-Spectral Comparator shall be delivered to in the Washington, DC area.

3. Requirements.

3.1 Requirements

a. Minimum of one (1) year warranty after delivery and installation for all components of the system

b. Necessary computer(s), monitor(s), and accessories for operation of equipment in a non-network environment

c. Software and hardware shall operate using Windows 7 or current versions

d. All software and hardware shall be compatible with McAfee Anti-Virus

e. The computer(s) shall contain USB ports for the transfer of data

f. The computer(s) shall contain a DisplayPort or a HDMI output

g. The monitor(s) shall be at least 30” in size

3.2 Instrumental Requirements

a. Front, side, and rear flaps to allow the examination of documents larger than 500mm x 400mm

b. Field of view of at least 200mm x 150mm at the lowest magnification

c. Magnification range from 3x (or lower) to at least 100x

d. Transmitted, flood, and spot light sources

e. Mounted high-pass and low-pass filters for use with a spot light source

f. UV energy sources to include long-wave, mid-wave, and short-wave UV

g. Optically Variable Device viewing capability with both still images and video

h. Adjustable oblique lighting capability

i. Hyperspectral imaging capability

j. Motorized x-y stage shall be available using software

k. Barcode reader (1D and 2D to include PDF417 format)

l. Ability to detect and image magnetic inks, illustrating an area of up to 3” x 6”

3.3 Necessary Additions to Be Included In Price

a. A minimum of one (1) replacement bulb for all non-LED light sources

b. Installation of the Multi-Spectral Comparator

c. One (1) year warranty on all parts and labor

d. National Institute of Standards and Technology (NIST) traceable standard for calibrating wavelength(s) and a white balance standard

e. One (1) quartz glass plate with a minimum size of 150mm x 150mm

f. One (1) device capable of visualizing soft and hard magnetic inks on documents

5. Delivery Instructions.

Delivery of supplies shall take place USSS/CID at 950 H. Street NW, Washington, DC 20223.

6. Delivery Date.

The delivery date for this requirement shall be within sixty (60) days from contract award.

7. Acceptance.

Upon completion of installation and quality control processes, the CONTRACTOR shall demonstrate the operability of the Multi-Spectral Comparator in the presence of the USSS Point of Contact (POC). The

CONTRACTOR shall walk the USSS POC through the site demonstrating the functionality of the Multi-

Spectral Comparator. Any failure perceived at this time will result in rejection of the Multi-Spectral

Comparator, pending resolution by the CONTRACTOR, and subsequent review of the USSS POC. The subsequent review shall encompass all capabilities of the Multi-Spectral Comparator and not only the identified point-of-failure (Exception: If labeling is found to be the only deficiency, only the improper labeling section will be reviewed after correction by the CONTRACTOR).

After installation of the instrument, the CONTRACTOR shall demonstrate that the equipment is fully operational. The offeror shall provide written documentation, such as a successful installation report, to certify the instrument is operational. All written deliverables shall be complete and thorough; structured in clear, logical fashion; and they shall use proper English and an accepted writing style (i.e. Modern

Language Association, MLA). All deliverables shall be subject to quality control procedures. Due to the sensitivity of this effort, the CONTRACTOR shall limit dissemination of the work product developed under this task to POC approved personnel who are directly assigned to the task.

Written deliverables shall be accompanied by a cover letter, signed by a senior company official, affirming that the deliverables have been through the CONTRACTOR’s internal review and quality control procedures. POC comments in response to draft deliverables shall be carefully reviewed and incorporated into the final document. If a final written deliverable is found by the POC to contain spelling errors, grammatical errors, improper format, or is found otherwise not to conform with contractual requirements of previously approved drafts or outlines, the document shall be immediately rejected without further review and returned to the CONTRACTOR for correction and resubmission.

The POC shall notify the CONTRACTOR in writing of the acceptance or rejection of each deliverable. The review time by the Government will vary based on the size and complexity of the deliverable. Rejected deliverables shall be returned and corrected by the CONTRACTOR within ten (10) working days of return receipt from the POC.

8. TRAVEL.

Travel will not be required under this contract other than to and from training at the USSS Headquarters located in Washington, DC. This travel will not be reimbursed.

9. Government-Furnished Equipment and Information.

The Government will not furnish any equipment for this project. The functioning Multi-Spectral

Comparator shall perform to this requirement and is the sole responsibility of the CONTRACTOR.

a) This shall be a firm fixed price (FFP) contract.

b) Any deviation or modification to either the period of performance or the cost of this contract shall be approved in writing by the Contracting Officer. The POC does not have the authority to approve deviations or modifications that affect the cost of the contract.

c) CONTRACTOR shall be responsible for daily, off-site disposal of all trash and cleanup of all debris and unused materials accumulated during the course of the project.

d) All consumables, equipment, and tools to accomplish any task order shall be provided by the

CONTRACTOR unless otherwise specified in the task order.

e) All drawings, diagrams, technical guides, and warranty paperwork shall become the property of the

U.S. Government upon completion and turn-over of the project.

The USSS will ensure that cleared contractors are granted access to the required work areas. This will require coordination between USSS TSD, CONTRACTOR, POC, and USSS Security Clearance Division

(SCD) following contract award.

Note: The contractor shall provide all equipment and supplies required to fulfill this requirement. The contractor shall also provide for the safe storage of any supplies and/or equipment during the course of contract performance.

The USSS will assist in the coordination of key personnel for access to information that are necessary for the execution of this tasking.

The CONTRACTOR shall return any and all Government-furnished information used in conjunction with the effort. All Government-furnished information shall be returned with as-built documentation upon project closeout.

The CONTRACTOR shall provide all equipment and supplies necessary to access and maintain the Multi-

Spectral Comparator. The CONTRACTOR shall also provide for the safe storage of any supplies and/or equipment during the course of contract performance.

Government Ownership: All notes, reports, sketches, photographs, drawings, specifications, estimates, manuals, calculations, digital files, and other documents produced as a result of this contract shall be and remain the sole property of the Government and, therefore, may be used by the Government for any purpose at no additional compensation to the Contractor. Upon completion of the contract, the

CONTRACTOR shall NOT retain copies of any such materials and shall turn over all originals and copies to the Government.

Publicity, Advertising, or Commercial use: The CONTRACTOR shall not use or allow to be used any aspect of this project for publicity, advertising, or commercial use in the form of fliers, marketing brochures or pamphlets, letterheads, web sites, or any similar print, mass media, or electronic format without prior written permission from the Contracting Officer. The use of site names and derivatives thereof are protected under United States Code, Title 18, Par 1, Chapter 33, 709 and is subject to penalty for misuse.

Use of the names or insignias for “The White House”, “Department of the Interior”, “National Park

Service”, or “United States Secret Service” is not permitted.

Inclusion in Subcontracts: The CONTRACTOR shall include all applicable provisions and requirements of this Scope in all subcontracts and other relations it enters into with consultants for this project.

10. HOURS OF PERFORMANCE.

Support facility operations shall be consistent with Government personnel working Monday to Friday, excluding Federal Holidays, unless otherwise specified. Primary days and hours of performance for

CONTRACTOR personnel, unless otherwise specified, are from 8:00 AM to 5:00 PM EST Monday through Friday. The USSS reserves the right to suspend work as necessary.

11. Security Requirements.

A. The CONTRACTOR and his/her employees and sub-CONTRACTORs shall be citizens of the United

States.

B. The CONTRACTOR shall have appropriate safeguards established and in place to protect Personal

Identifying Information (PII) that is obtained in the regular course of business.

C. The work to be performed under this SOW is UNCLASSIFIED and the CONTRACTOR would not have access to classified material but would have daily access to sensitive PII information. The

CONTRACTOR and his/her employees and sub-CONTRACTORs shall be citizens of the United

States. Contract employees shall undergo a favorable Suitability Assessment as determined by the U.S.

Secret Service’s Security Management Division’s, Clearance and Access Branch (SCD-CAB) prior to performing any work. Additional Suitability Assessments will be required for continued work requirements as determined by SMD-CAB, but no less than once every two years. When work performance requirements exceed Non-Sensitive standards; additional Suitability Assessment reviews will be required prior to access being granted.

D. When work performance requirements exceed Non-Sensitive standards; additional Suitability

Assessment reviews will be required prior to access being granted, specifically:

1. Contract employees who provide support in Low Risk positions shall have undergone a minimum of a Tier 1/NACI (National Agency Check and Inquiries) level background investigation within the last 10 years; or otherwise be the subject of a favorable US

Secret Service controlled Tier 1/NACI background investigation.

2. Contract employees who provide support in Moderate or High positions shall have undergone a minimum of a Tier 4a/BI (Background Investigation) level background investigation within the last 5 years; or otherwise be the subject of a favorable US Secret

Service controlled Tier 4a/BI background investigation.

3. For contract employee positions that require access to US Secret Service controlled IT systems, the contract employee shall have undergone a minimum of a Tier 4a/BI

(Background Investigation) level background investigation within the last 5 years; or otherwise be the subject of a favorable US Secret Service controlled Tier 4a/BI background investigation.

E. The U.S. Secret Service Contracting Officer Representative (COR) or their U.S. Secret Service designee is responsible for determining the contract employee’s position description level as being either Non-Sensitive, Low Risk, Moderate Risk, or High Risk.

F. The offeror shall submit to the COR the following completed documentation for each contract employee, in order to satisfy initial and/or recurring (as requested by the COR) Suitability

Assessments:

1. SSF 4024: U.S. Secret Service Non-disclosure Agreement

2. SSF 3030A: Financial Disclosure/Credit Release

G. For sensitivity positions determined as Low Risk, Moderate Risk, or High Risk; or, for positions that require access to US Secret Service controlled IT systems, the contracting agency shall submit to the

COR (only when requested) the following completed form:

1. SF 85P: Questionnaire for Public Trust Positions

H. The CONTRACTOR, upon discovering a security incident, shall report it in accordance with U.S.

Secret Service incident reporting procedures and shall expeditiously notify the Contractor Officer’s

Representative or Designated Official.

I. At the end of the contract, the CONTRACTOR shall return all information provided during the life of the contract and shall certify that all Secret Service and DHS information has been purged from any

CONTRACTOR-owned IT system used to process Secret Service or DHS information.

12. CONFIDENTIALITY.

A. The CONTRACTOR shall adhere to professional and legal standards of confidentiality of records consistent with the needs and requirements to specific services. Guidelines consist of the operational policies of the Office of Equal Employment Opportunity, the regulations set forth in Sections 504 of the

Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, as amended. The technician(s) shall keep all documentation and information pertaining to the services they provide within the laws covering the Privacy Act, and shall consider all activity to be confidential in nature when servicing the Agency or individuals.

B. The CONTRACTOR shall guarantee strict confidentiality of the Information/data that it is provided by the

Government during the performance of this contract. The Government has determined that the information/data that the vendor will be provided during the performance of the task order is of a sensitive nature. Disclosure of the information/data, in whole or in part, by the vendor can only be made after the vendor receives prior written approval from the Contracting Officer. Whenever the vendor is uncertain with regard to the proper handling of information/data under the contract, the vendor shall obtain a written determination from the USSS/CID.

C. All questions pertaining to the security, implementation of the system and the operation of the system shall be directed to the USSS POC. Any questions about the SOW, equipment, or substitutions/variances from the statement of work shall be addressed to the Contracting Officer.

HSSS01-17-Q-0140 – Attachment 2 – Solicitation and Provision and Clauses

Contract Clauses

Clauses incorporated by reference:

52.204-7 System for Award Management (Oct 2016)

52.204-13 System for Award Management Maintenance (Oct 2016)

52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) …..…… 09

52.204-22 Alternative Line Item Proposal (Jan 2017)

52.212-1 Instructions to Offerors -- Commercial Items (Jan 2017)

52.212-4 Contract Terms and Conditions - Commercial Items. (Jan 2017)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.246-2 Inspection of Supplies- Fixed Fee (Aug 1996)

Clauses incorporated by full text:

52.209-7 Information Regarding Responsibility Matters (Jul 2013)

52.212-3 Offeror Representations and Certifications -- Commercial Items (Jan 2017)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -

Commercial Items. (Jan 2017)

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

52.252-2 Clauses Incorporated by Reference. (Feb 1998)

USSS 3052.204-71 Contractor Employee Access

USSS 3052.204-90 Unauthorized Use of the U.S. Secret Service Name

SAFEGUARDING OF SENSITIVE INFORMATION (MAR 2015)………………………………… 39

INFORMATION TECHNOLOGY SECURITY AND PRIVACY TRAINING (MAR 2015)……… 44

HSAR 3004.470-3 Contract clauses. (Deviation)……………………………………………………… 45

Contract Clauses

Clauses incorporated by reference:

52.204-7 – System for Award Management (Oct 2016)

52.204-13 – System for Award Management Maintenance. (OCT 2016)

52.204-16 – Commercial and Government Entity Code Reporting (Jul 2016)

52.204-18 – Commercial and Government Entity Code Maintenance (Jul 2016)

52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014)

52.204-22 – Alternative Line Item Proposal (Jan 2017)

52.212-1 – Instructions to Offerors -- Commercial Items (Jan 2017)

52.212-4 Contract Terms and Conditions - Commercial Items. (Jan 2017)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.246-2 Inspection of Supplies- Fixed Fee (Aug 1996)

Clauses incorporated by full text:

52.209-7 – Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals

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

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

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

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

Schedules).

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

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

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

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in

FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.212-3 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.

http://www.sam.gov/portal

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive

Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

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

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

Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity

Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations

Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other

Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

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

(i) The Fair Labor Standards Act;

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

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

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

(vi) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

(4) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

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

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

Era Veterans' Readjustment Assistance Act of 1974; and

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

http://www.dol.gov/fairpayandsafeworkplaces

(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.

“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;

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

(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 https://www.acquisition.gov/ 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.

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

(c)(6) of this provision.] The offeror represents that—

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

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each

EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13

CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture.

[The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the

Equal Opportunity clause of this solicitation; and

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

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

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the

Secretary of Labor (41 CFR parts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide 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.