RFP_HSSS01-17-R-0018.pdf

Request for Proposals

HSSS01-17-R-0018

5.56 x 45mm Rifles

United States Secret Service

October 12, 2017

Table of Contents

Instructions to Offerors

Provisions and Clauses

Attachment 1 - Statement of Work

Attachment 2 - Testing Procedures

Attachment 3 - Pricing Sheet

Attachment 4 - Appendices

Appendix A - USSS User Evaluation Assessment Forms

Appendix B - USSS Armorer Assessment Form

Appendix C - Phase I Evaluation Checklist

Appendix D - Phase III Evaluation Sheet (Sample Set A)

Click the title below to navigate to the titled section.

RFP HSSS01-17-R-0018 10/12/2017

Instructions to Offerors

RFP HSSS01-17-R-0018

5.56 x 45mm Rifles

I. Introduction

The United States Secret Service (USSS) has a requirement for 5.56 x 45mm Rifles in support of the

USSS protective and investigative mission. The USSS Seeks to establish a five year Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract for 5.56 x 45mm Rifles. The maximum lifetime quantity for this IDIQ shall be 3,900 rifles. The guaranteed minimum for this IDIQ is 500 rifles; the guaranteed minimum will be satisfied at the time of award with an initial delivery order. The minimum order quantity will shall be twenty-five (25) rifles. The maximum order quantity shall be 1,000 rifles. This solicitation is a Request for Proposals (RFP) in made in accordance with FAR part 12 “Acquisition of Commercial Items” and

FAR 13.5 “Simplified Acquisition Procedures for Commercial Items.”

The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular (FAC) 2005-95, Effective January 19, 2017. The associated North American

Industrial Classification System (NAICS) code for this procurement is 332994, Small Arms, Ordnance, and Ordnance Accessories Manufacturing. This solicitation will use Full and Open Competition, in accordance with FAR 6.1.

Interested Offerors shall review the solicitation in its entirety, including all relevant appendices, and submit a response in accordance with the Instructions to Offerors and deadlines listed below.

II. Instructions to Offerors

Interested Offerors shall submit seven (7) samples of their proposed Rifle variant. Each sample shall be submitted with three (3) Magpul magazines (a total of 21 magazines) and all replacement parts and required tools in order to complete the manufacturer’s recommended maintenance up to 20,000 rounds

(total of 7 maintenance kits). Each offeror may submit up to two (2) Rifle variants to be evaluated. In order to be considered for this RFP, Offerors shall submit the following:

I. Proposed Rifle Variant

a. Seven (7) Identical Samples

b. 21 Magazines (3 per sample)

c. Seven (7) Maintenance to 20,000 rounds kits (1 per sample); shall include all replacement parts and any special tools necessary to complete the manufacturer’s recommended maintenance up to 20,000 rounds

II. Technical Volume

a. Manufacturer Information (name, address, model designation)

b. Serial Numbers

c. Manufacturer’s Maintenance Schedule

d. Proof of Compliance with National Firearms Act 26 U.S.C., Chapter 53, §§ 5801-5872

e. Warranty Information

f. Quality Control/Quality Assurance Plan

g. Accessories/Parts List (a la cart, compatible with submission)

h. Certified Letter Stating a Barrel Life of 20,000 rounds

III. Past Performance

IV. Price Volume

The seven (7) Rifle samples, 21 magazines, seven (7) maintenance/parts kits and (1) hard copy of the

Technical Volume shall be delivered via common courier to the James J. Rowley Training Center in

Laurel, MD. The Technical Volume, Past Performance Volume, and Price Volume shall be delivered in electronic format via email to the Contract Specialist.

Any Offeror wishing to submit multiple (up to 2) Rifle variants will need to submit each variant as its own free-standing proposal. Any variant samples not submitted with the above referenced proposal elements will be considered non-responsive and not evaluated for award.

It is recognized that one or more of these devices meet definitions stipulated in 18 U.S.C. § 921(a)(24), are thus a National Firearms Act firearm as defined under 26 U.S.C. § 5845 and subject to controls of the

National Firearms Act 26 U.S.C., Chapter 53, §§ 5801-5872, and that the US Secret Service is a qualified

United States agency, as specified in 26 U.S.C. § 5852.

RFP questions shall be submitted in electronic format (.doc, .docx, .pdf, and/or .xls, .xlsx) and emailed to Gabriella Marino at gabriella.marino@associates.usss.dhs.gov and Mark Broughton at mark.broughton@usss.dhs.gov no later than October 31, 2017 at 1600 EST. Hard copy questions will not be accepted. Generally, the Government will provide responses to questions within two (2) business days, and the Government may revise the questions as necessary for clarity and/or consistency of responses. Statements expressing opinions, sentiments, or conjectures are not considered valid inquiries and will not receive a response. Further, Vendors are reminded that the USSS will not address hypothetical questions aimed at receiving a potential “evaluation decision.”

Proposals, including the Technical Volume, the Past Performance Volume, and Price Volume, shall be submitted in electronic format and emailed to Gabriella Marino at gabriella.marino@associates.usss.dhs.gov and Mark Broughton at mark.broughton@usss.dhs.gov no later than December 1, 2017 at 1600 EST. Alternative delivery methods, to include facsimile transmission, may be used with prior Contracting Officer approval. Such accommodations will not extend the deadline for receipt of complete proposals, and offerors are responsible for ensuring timely receipt of the proposal. Late offers will not be accepted. NOTE: Offers may be submitted in separate emails. Due to file size limitations, the USSS encourages email file sizes to be limited to 5MB each. Offerors should identify the RFP number in each email subject line along with total number of emails being submitted, e.g., “USSS RFP HSSS01-17-R-0018, File 1 of 4.”

Rifle samples, with magazines and parts kits, and hard-copy versions of the Technical Volume shall be delivered no later than December 1, 2017 at 1600 EST. All samples must clearly marked to indicate

Offeror’s name and solicitation number, to which it applies. Any unmarked samples will be rejected as unresponsive and will not be tested. All samples shall be sent to:

Communications Center (RTC)

ATTN: John Pessia

245 Murray Drive SW

Building T-5

Washington, DC 20223

Information requested herein must be furnished in writing and be full and complete in compliance with

RFP instructions. The information requested and the manner of submission is essential to permit prompt evaluation of all proposals on a fair basis. Simple statements of compliance without the detailed description of how compliance will be accomplished may not be considered sufficient evidence that the mailto:gabriella.marino@associates.usss.dhs.gov mailto:mark.broughton@usss.dhs.gov mailto:gabriella.marino@associates.usss.dhs.gov mailto:mark.broughton@usss.dhs.gov vendor can meet the technical requirements. Clarity and completeness of proposals are of the utmost importance. Therefore, proposals must be written in a practical, clear, and concise manner.

Any assumptions forming the basis of the submittal must be clearly identified in a cover letter submitted within the Technical Volume, and vendors are cautioned not to alter or disassemble the solicitation or to inflate performance capabilities that cannot be supported.

PAST PERFORMANCE VOLUME:

The offeror shall submit two (2) recent, i.e., within three (3) years of the deadline for submission of proposals, past performance references for the delivery of 5.56 x 45mm Rifles to the Government. If

Government (i.e., federal, state or local) references are not available, the offeror may provide references from private entities. Past Performance Questionnaires are not required.

Additionally, vendors shall identify all contracts/orders during the three (3) year period preceding the deadline for submission of proposals that resulted in formal disputes concerning performance issues such as delivery or cost problems in performing the contract, the corrective action taken, and the effectiveness of the action(s) taken to address such issues. To the extent the following information is available, the following information shall be included with the submission of all references:

1. Name of Government Agency/Company Client whether served as prime or as subcontractor on effort;

2. Name(s) and telephone number(s) of points of contact for which the contract was performed;

3. Address of Client;

4. Contract/Order Number and Total Dollar Amount;

5. Period of Performance;

6. Names of subcontractor(s) used, if any, and a description of the extent of work performed by the subcontractor(s);

7. Detailed description of work performed to include the number, type and severity of any quality, delivery or cost problems in performing the contract, the corrective action taken and the effectiveness of the correct action.

Contractor employees responsible for preparing material that may be source selection sensitive must mark each page that the contractor believes contains source selection information with the legend “Source

Selection Information”.

All proposals will be handled in accordance with FAR Subpart 3.104.

Page Limitations:

All proposal submissions will have page restrictions for each volume. All written information must be submitted in Times New Roman, 11 pt. font, single spaced, one-sided, with 1” margins. As such, the following page restrictions exist for each volume submitted by an offeror:

1. Technical Volume

a. Manufacturer Information (1 page)

b. Serial Numbers (1 page)

c. Manufacturer’s Maintenance Schedule (5 pages)

d. Proof of Compliance with National Firearms Act 26 U.S.C., Chapter 53, §§ 5801-5872 (1 page)

e. Warranty Information (no page restriction)

f. Offeror’s Quality Control/Quality Assurance Plan (no page restriction)

g. Accessories/Parts List (a la cart, compatible with submitted variant) (no page restriction)

h. Certified Letter Stating a Barrel Life to 20,000 rounds (2 pages)

2. Past Performance (5 pages)

3. Price Volume (no page restriction)

All pages should be numbered.

III. Evaluation

This request for proposals is solicited unrestricted. The associated North American Industrial

Classification System (NAICS) code for this procurement is 332994 – Small Arms, Ordnance, and

Ordnance Accessories Manufacturing.

A. Basis for Award

Any award will be made based on the best overall (i.e., best value) proposal that is determined to be the most beneficial to the Government, utilizing trade-offs, with appropriate consideration given to the following evaluation factors: Technical, Testing, Past Performance, and Price. All evaluations factors, other than price, when combined, are more important than price. Offerors are cautioned that the award may not necessarily be made to the Lowest Price offered or the highest rated submission.

Best value is defined as the offer that results in the most advantageous acquisition decision for the

Government as determined by an integrated assessment and trade-off analysis among non-price and price factors. The proposals received under this Request for Proposal (RFP) will be evaluated in accordance with the instructions contained in the Government’s Source Selection Plan.

The Government anticipates making an award using a three phased approach, described below. The

Government reserves the right to remove proposals from further consideration for award if they are not among the most highly rated offers. Any offeror that receives a rating of fail will be excluded from further testing.

B. FACTORS TO BE EVALUATED

The Rifle submissions will be evaluated using a three phased approach that will test the submitted rifles for compliance with the specifications of the Statement of Work and compatibility the United States Secret

Service’s protective and investigative missions. A full description of the phased evaluation will be provided below. The phases will be broken out in the following format:

A. Technical/Testing

1. Phase One (Pass/Fail):

a. Technical Volume: The offeror’s technical volume will be inspected for compliance with the Instructions to Offerors and Statement of Work. (Pass/Fail)

b. Armory Level Inspection: The offeror’s submitted variant samples will each be inspected for compliance with the Statement of Work. (Pass/Fail)

c. Trigger Pull Test (Pass/Fail)

*The seven (7) samples will be randomly sorted into four groupings. (Exemplar, Sample Set A (3 samples), Sample Set B (1 sample), Sample Set C (2 samples))

d. Velocity Test – Sample Set A (Pass/Fail)

e. Accuracy Test – Sample Set A (Pass/Fail)

f. Rate of Fire Test – Sample Set A (Pass/Fail)

g. Rifle Drop Test – Sample Set B (Pass/Fail)

h. Firing Safety Inspection, Component Check, & Function Fire – Sample Set B

(Pass/Fail)

i. Armorer Repair and Maintenance Evaluation (Pass/Fail)

2. Phase Two – User Evaluation

a. Basic User Live Fire Assessment

b. Special Operations Division User Live Fire Assessment

c. * Top 3 Ranked Variants will continue to Phase 3

3. Phase Three – Reliability and Endurance Testing – Sample Set A

a. Barrel Life Test (min. 20,000 rounds) (Pass/Fail)

b. Trigger Pull Test (Pass/Fail)

c. Velocity Test (Pass/Fail)

d. Accuracy Test (Pass/Fail)

e. Visual/Mechanical Function Test (Pass/Fail)

f. * All weapon malfunctions will be recorded and inspected by USSS Armorers.

Only weapon-caused malfunctions will be used in the evaluation.

B. Past Performance

C. Price Volume

All non-price factors, when combined, are more important than price.

C. EVALUATION CRITERIA

A. TECHNICAL. The evaluation process will consider the following:

In Phase One, Subfactors a-i are of equal importance, and a single overall ratings of Pass or Fail will be applied during Phase One. All samples with a score of Pass will move on to Phase Two testing.

In Phase Two, samples will be tested in User Live Fire Assessments. User Evaluation sheets are provided in the Appendix. At the end of Phase Two testing, using a Comparative Analysis of the User Evaluation scores, price, and past performance, rankings will be developed. The top three ranked model variants will move on to Phase Three testing.

In Phase Three, the top three ranking models will be tested for endurance and reliability. Each sample of the models will tested to 20,000 rounds, measuring trigger pull, accuracy, and velocity in 5,000 round intervals. All malfunctions will be logged, only malfunctions attributed to the weapon will be counted in the final evaluation. Accuracy, Velocity, and Trigger pull will be measured to capture degradation from initial testing in Phase I.

The detailed testing approach can be found in Attachment 2, Testing Criteria.

B. PAST PERFORMANCE. The evaluation process will consider the following:

The Government will conduct a past performance evaluation based upon the relevant past performance of the offeror and any subcontractors as it relates to the probability of successful accomplishment of the work required by the solicitation. The information evaluated under this factor is distinct and independent from the Past Experience Sub-Factor.

The Offeror shall submit two (2) recent, within three (3) years of the deadline for submission of proposals, past performance references for the delivery of 5.56 x 45mm Rifles to the Government. The

Government reserves the right to query other relevant FAPIIS, PPIRS, and CPARS information to assess past performance in order to determine contractor responsibility.

The Government will assess risks associated with offeror’s past performance in the following areas:

A. Timely delivery of services.

B. Technical quality.

C. Business-like concern for the interests of the customer.

Each performance risk assessment of the areas listed above will consider the number and severity of problems, the effectiveness of corrective actions taken and the overall work record. Under this factor, the

USSS will evaluate how well an offeror has performed similar work before. The assessment of performance risk is not intended to be the product of a mechanical or mathematical analysis of an offeror’s performance on a list of contracts, but rather the product of subjective judgment of the evaluators after it considers all available, relevant and recent information. Any deficiencies found in past performance but were found to be corrected that resulted in a successful contract will be taken into consideration, but may not reflect a negative rating if it was corrected. Deficiencies found that resulted in a negative impact to the Government and the successful outcome of past contracts will result in a negative rating.

Note that Offerors who do not possess relevant past performance will not be rated favorably or unfavorably.

C. PRICE. The evaluation process will consider the following:

The Government anticipates award of a single, firm fixed-price Indefinite-Delivery, Indefinite-Quantity

(IDIQ) contract as a result of this solicitation. Offerors must submit a full price quotation, in addition to filling out the attached priced sheet, for the base period and all options, to include the cost of the weapon and maintenance to 20,000 rounds, to satisfy the requirements of the RFP.

The Government will evaluate price by adding the total of all line item prices, including all options in accordance with FAR 52.217-5, Evaluation of Options (JUL 1990). Total price for each year of the IDIQ will be determined by multiplying the unit price against the maximum orders for the years listed in the price sheet. 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 will evaluate price for reasonableness using the principles of FAR 13.106-3. Evaluation of options shall not obligate the

Government to exercise the option(s). The Government reserves the right to add a CLIN for a la cart parts based on historical usage and evaluated life-cycle of the weapon.

IV. Attachments

1. Statement of Work

2. Testing Criteria/Procedures

3. Price Sheet

4. Appendix A – Phase II Basic/SOD User Evaluation Sheets

5. Appendix B – Phase II Armorer User Evaluation Sheets

6. Appendix C – Phase I Evaluation Sheet

7. Appendix D – Phase III Evaluation Sheet

V. Provisions and Clauses

Provisions and Clauses Incorporated by Reference:

The following provisions and clauses are incorporated by reference:

52.204-7 -- System for Award Management. (Jul 2013)

52.204-13 – System for Award Management Maintenance. (JUL 2013)

52.203-3 - GRATUITIES (APR 1984)

52.212-1 - INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

52.232-39 - UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 - PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

The following provisions and clauses are incorporated by full text:

Provisions and Clauses Incorporated by Full Text

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights (Apr 2014)

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

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

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

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)

52.216-18 ORDERING (OCT 1995)

52.216-19 ORDER LIMITATIONS (OCT 1995)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

52.225-6 Agreements Certificate (May 2014)

52.233-2 Service of Protest (Sep 2006)

52.246-11 Higher-Level Contract Quality Requirement (Dec 2014)

52.247-34 F.o.b. Destination (Nov 1991)

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

52.252-2 Clauses Incorporated by Reference (Feb 1998)

3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

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

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights (Apr 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C.

4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

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. Technical

2. Firearm Testing

3. Past Performance

4. Price

Evaluations factors are listed in order of importance. All evaluation factors other than cost or price, when combined, are more important than price.

(b) Options. 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 options shall not obligate the

Government to exercise the option(s).

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

(End of Provision)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (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 http://www.sam.gov/portal or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

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

“Civil judgment” means--

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

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

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

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

(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;

http://www.dol.gov/fairpayandsafeworkplaces

(vi) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

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

Era Veterans' Readjustment Assistance Act of 1974; and

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

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

(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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with

13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph

(b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the

SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

____________. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— https://www.acquisition.gov/

(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. 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:

LINE ITEM NO. COUNTRY OF ORIGIN

[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 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 terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf

(COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy

American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or

Peruvian End Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other 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.”

Other Foreign End Products:

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

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If

Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—

Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If

Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Buy…