M0014617QX095.docx

M0014617QX095

Section SF 1449 - CONTINUATION SHEET

NOTE

PURPOSE: The purpose of this action is to establish a contract for Cryogenic Tank Maintenance as required by the Fleet Readiness Center (FRC) East, MCAS, Cherry Point, NC. All supplies and services shall be provided and performed in accordance with the Performance Work Statement.

TERM OF CONTRACT: The contractor shall provide the supplies/services specified herein for a base period of twelve (12) months beginning 01 September 2017 with provisions for four (4) twelve-month option periods. The option periods may be exercised at the discretion of the Government in accordance with FAR 52.217-9 “Option to Extend the Term of the Contract” (MAR 2000).

PERIODS OF PERFORMANCE AND VALUE. The periods of performance and dollar values for each are as follows:

LOT I – BASE PERIOD

CLIN 0001-0003 01 Sep 2017 thru 31 Aug 2018 $ *

LOT II – FIRST OPTION

CLIN 1001-1003 01 Sep 2018 thru 31 Aug 2019 $ *

LOT III – SECOND OPTION

CLIN 2001-2003 01 Sep 2019 thru 31 Aug 2020 $ *

LOT IV – THIRD OPTION

CLIN 3001-3003 01 Sep 2020 thru 31 Aug 2021 $ *

LOT V – FOURTH OPTION

*To be confirmed at time of award

INSPECTION AND MAINTENANCE ON CRYOGENIC LIQUID TANKS

FFP

ON-SITE INSPECTION AND MAINTENANCE VISITS ON CRYOGENIC LIQUID TANKS IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

FOR THE PERIOD OF 1 SEPTEMBER 2017 THROUGH 31 AUGUST 2018

MILSTRIP: N6592317SU00306

PARTS

INCIDENTAL PARTS NEEDED FOR REPAIRS IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

EMERGENCY VISITS

EMERGENCY VISITS AS NEEDED IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

FFP

ON-SITE INSPECTION AND MAINTENANCE VISITS ON CRYOGENIC LIQUID TANKS IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

FOR THE PERIOD OF 1 SEPTEMBER 2018 THROUGH 31 AUGUST 2019

FFP

INCIDENTAL PARTS NEEDED FOR REPAIRS IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

FFP

EMERGENCY VISITS AS NEEDED IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

FFP

ON-SITE INSPECTION AND MAINTENANCE VISITS ON CRYOGENIC LIQUID TANKS IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

FOR THE PERIOD OF 1 SEPTEMBER 2019 THROUGH 31 AUGUST 2020

FFP

FFP

FFP

ON-SITE INSPECTION AND MAINTENANCE VISITS ON CRYOGENIC LIQUID TANKS IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

FOR THE PERIOD OF 1 SEPTEMBER 2020 THROUGH 31 AUGUST 2021

FFP

FFP

FFP

ON-SITE INSPECTION AND MAINTENANCE VISITS ON CRYOGENIC LIQUID TANKS IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

FOR THE PERIOD OF 1 SEPTEMBER 2021 THROUGH 31 AUGUST 2022

FFP

FFP

PERFORMANCE WORK STATEMENT

BACKGROUND: There are 6 bulk storage tanks located at the Fleet Readiness Center – East (FRC East) that contains cryogenic liquids. The tanks are not inspected or maintained in a manner that is necessary for cryogenic storage vessels. The lack of maintenance could create possible work stoppages, loss of production due to pressure leaks, explosions and personnel injury if the tanks are compromised by some failure of the environmental conditions unique to cryogenic liquids.

1. The contractor shall provide two (2) on-site Inspection and Maintenance Visits to be performed during the months of July and January between normal working hours of 6:30 am and 3:00 pm Monday through Friday. This schedule may be modified by mutual agreement. No services shall be performed on Saturdays, Sundays or Holidays and no overtime unless directed by the Contracting Officer. The inspection and maintenance visits shall be performed on the following tanks located throughout the FRC East facility:

*Tank may be replaced with leased/contractor maintained equipment. If so, it will not be considered part of this requirement.

2.0 The contractor shall have vacuum producing pumps to achieve the partial pressure indicated, mass spectrometer sensitive down to the 1 x 10-9 range for a helium trace gas that would be used to locate any leaks in the partial pressure aspects of any cryogenic liquid bulk tank.

3.0 The contractor shall inspect and maintain cryogenic liquid, vacuum jacketed tanks, using American Vacuum Society (AVS) procedures.

4.0 Inspection and Maintenance shall include, but not be limited to the following:

1. Maintain the listed cryogenic tanks’ ability to hold cryogenic liquids without excessive boiloff of the liquids.

1. Maintain the listed cryogenic tanks to ensure a vacuum annulus pressure of 0.005 torr or less.

1. The contractor shall furnish labor, materials, supplies, specialized tools, vacuum production and leak detecting equipment needed to condition the annulus, use AVS recommended procedures to find the leaks, if such leaks are suspected during the inspection period. The contractor shall make request(s) to Contracting Officer for major repairs (welding, cutting, etc.) that will be performed by FRC East personal.

1. The contractor shall make small repairs as required to valves, piping, vacuum gages, transducers, etc. This would include but not be limited to: replacing a vacuum sensing gage, replacing a vacuum seal in a connector, replacing an O-ring in a burst plate, etc.

0. Deliverable components:

a. Contractor will verify annulus pressure of each tank is 0.01 torr or lower.

b. If not, steps shall be taken with vacuum pumps to restore pressure to 0.005 or lower

c. If annulus pressure of 0.01 is not attainable, perform leak detection efforts to find the leak and repair in order to meet annulus pressure of 0.01 torr or lower.

d. Components that are part of the vessel (relief, control, isolation, sensors, etc.) will be inspected for functional control.

e. If stated specifications and subsequent repairs (if required) do not return the tank to desired condition, the contractor shall report verbally to the attending maintenance artisan and in written form via a service report.

FRC East will make the appropriate decision to rectify the problem.

f. Service reports for the inspection and maintenance shall be provided for all tanks at the completion of the inspection and shall include but not be limited to: tanks inspected; partial pressures observed; annulus partial pressure, any relief valves that are calibrated or replaced, any aspects of the tanks that are a concern that cannot be addressed during the 5 day inspection/maintenance period.

g. As part of the service, in the first inspection, the contractor shall replace all relief valves that are beyond 5 years since last calibration or replacement, associated with the above listed tanks. It is estimated to be between 6-12 valves that require replacement. The Government will furnish the valves to be replaced.

1. Contact the Maintenance Services Section (252-464-8343/252-464-9366), if any problems are encountered during the service visits.

5.0 The contractor shall:

5.1 Provide all the tools and equipment necessary to perform a helium mass spec leak detection with a sensitivity of 1.0 x 10-9 range or better.

5.2 Provide vacuum pumps to evacuate the annulus of vessels to 0.005 tor.

5.3 TIG weld and silver braze to make repairs if required, or be capable of supervising repairs.

5.4 Provide leak checking, repair/replace all piping and components (relief, control, isolation, vacuum, liquid, pressure gauges and sensors, etc.)

6.0 Emergency Visits (CLINs 0003, 1003, 2003, 3003, 4003). The Contractor shall provide quotes to the Government, on an as-needed basis, to repair damaged or inoperable equipment. Though the Contractor shall provide quotes to accomplish repairs, the Government reserves the right to accomplish the work through other means. The Contractor shall provide a quote with an estimated number of days to complete the work. Quotes shall be supplied to the Government within one (1) business day after the Contractor identifies equipment is damaged/inoperable or after being notified by the Government. If the Contractor is given authorization to do the repairs, the Contractor shall notify the Contracting Officer when repairs have been made and equipment is operational. The Government will inspect the Contractor’s work prior to approval of payment. The invoice shall include the total man-hours spent and an itemized list of parts and materials with the Contractor’s cost for each used to accomplish the work.

7.0 Parts. (CLIN 0002, 1002, 2002, 3002, 4002) All parts provided by the Contractor shall be new. New parts are parts that have never been used in any machine. Parts that are removed by the Contractor and replaced with new parts shall remain Government property. The Government reserves the right to supply additional parts to the Contractor out of the Government’s spare parts stock or to obtain the parts themselves and to perform additional labor with in-house personnel.

8.0 The contractor shall check in upon arrival and check out prior to departure with the Equipment and Facilities Services Specialist, Bldg. 84. The contractor shall furnish a signed malfunction/service report to the Equipment and Facilities Services Specialist, Bldg. 84, (252-464-9366 or 252-464-8343) upon completion of each maintenance call. The report shall include, as a minimum, the following information:

0. Date and time notified

0. Date and time of arrival

0. Type, Model and Serial Number(s) of equipment

0. Location of machines

0. Description of malfunction(s) and/or condition

0. Identified cause of the malfunction (if applicable)

0. All actions taken to correct the problem, including repair parts replaced or services rendered to include quantities

0. Date and time of departure

NOTE: Authorization for payment will be withheld unless the service report is submitted as required.

9.0 The Customer Point of Contact for this contract shall be 6.1.3.3, Industrial/In-Service Support Contract Acquisition/Procurement Division, Services Branch.

1. Primary: Lynn Weeks, lynn.weeks@navy.mil, 252-464-5534

1. Alternate: Kay Longley, kay.longley@navy.mil, 252-464-9821

10.0 Contractor Performance Requirements:

a. Safety, Environmental, Quality, Security Requirements: All personnel who enter or work in assigned spaces of this facility are required to comply with all federal, state, local, and site specific safety, environmental, quality and security requirements. FRC East has adopted and implemented additional safety programs to improve safety, quality, environmental, and security measures. Any individual found to not comply with this effort will be asked to immediately halt work.

Supervisors, managers, and employees are to report issues of non-conformance through the proper chain of command. Any individual or entity not willing to comply will state such and shall not be authorized to enter the facility. FRC East may take actions that result in removal of individuals or entities from this facility due to issues of non-compliance with stated instructions.

b. Documented proof of all required certification training/licensing listed in the contract shall be available upon request by their Contracting Officer Representative or any auditor.

c. All personnel working on site at the FRC East under this contract shall document their receipt and review of the information listed in reference (a) annually.

d. All contractors performing work on FRC East behalf and who have 10 employees at any time during the past calendar year, whose employees worked 1,000 or more hours in any quarter shall furnish FRC East their Total Case Incidence Rate for recordable nonfatal injuries and illnesses and their Days Away from Restricted work activity, and/or Job Transfer Rate for the past three years.

e. Foreign Object (FO) is defined as any article or substance alien to the aircraft or assembly which is allowed to invade the product. Foreign object damage (FOD) is the damage that occurs due to these FOs. All FRC East work sites shall be maintained in such a manner as to prevent FOD to aircraft and/or aircraft components. Work sites shall be kept clean at all times. All debris, scrap material, tools, and equipment will be cleared from the work site as work progresses. At no time shall hoses, power cords, materials, etc. be permitted to create tripping hazards in areas of the work site.

f. In those cases where a contractor supervisor determines that solving a safety or health problem is beyond their control, but within the control of the FRC East, the contractor shall notify the appropriate point of contact identified in the contract.

g. All contractor employees performing work on site at FRC East shall immediately report any safety, security, or environmental violation to their contractor supervisor, as well as the cognizant FRC East Safety/Security/Environmental Office provided in reference (a). The initial FRC East notification can be made via phone or e-mail and should include as many applicable details as possible (date, time, identification numbers, tags, company, etc.). This initial notification shall be made as soon as possible. A safety incident will require the contractor to complete and submit an incident memo to the appropriate point of contact identified in the contract, with a copy to FRC East Safety Office within twenty-four hours of accident/incident). This incident memo will include the full name of the person involved in the incident, age, sex, job title, the name of the employing company and the contract number and title. In addition, this memo will include the severity of the illness or injury, indirect cause(s) or the accident and whether personal protective equipment was available and used.

h. All contractors and sub-contractors working within FRC East shall develop and operate effective safety and health programs. (CSS contracts only).

i. Contractors are required to wear personal protective equipment (PPE) consisting of hearing protection, eye protection, and safety shoes. PPE will not be provided by the facility. Contractor representatives without the appropriate PPE will not be allowed access to the facility.

j. Work areas utilized by contractors shall be provided an FRC East 5000/10, Contract Work Notice by their project manager before mobilization at the work site. This work notice requires the contractor to notify a point of contact in the shop where they will be accomplishing work and document this notification on the appropriate portion of this notice. One completed notice shall be posted conspicuously in the area prior to performance of work. A copy of this notice will be available by the contractor upon request at all times. Contact project managers will address any issues regarding completion or duplication of this form.

k. Work being performed is in critical areas, therefore constant control of tools and materials are required at all times. Tools and hardware will be controlled at all times to prevent migration out of the work site. Lost tools shall be reported to the tool control manager at 252-464-9741. Tools found unattended will be confiscated and reported to the contracting officer.

l. Contractors shall not perform hot work until the MCAS Fire Department issues a Hot Work Permit. The Fire Department number is 252-466-2241.

m. Construction, repair, or maintenance work requires the contractor designation of an on-site safety representative in accordance with reference (b).

11. CONTRACTOR'S UNAUTHORIZED WORK PERFORMANCE. The Contractor shall not perform work that deviates from contract requirements and the performance work statement. If the Contractor deviates from contract requirements and the performance work statement without approval of the CONTRACT ADMINISTRATOR/CONTRACTING OFFICER, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-AUG-2018

KAY LONGLEY

CODE 6.1.522 MCAS

CHERRY POINT NC 28533-0021

252-464-7784 FOB: Destination N65923

31-AUG-2018

N65923

31-AUG-2018

N65923

31-AUG-2019

N65923

31-AUG-2019

N65923

31-AUG-2019

N65923

31-AUG-2020

N65923

31-AUG-2020

N65923

31-AUG-2020

N65923

31-AUG-2021

N65923

31-AUG-2021

N65923

31-AUG-2021

N65923

31-AUG-2022

N65923

31-AUG-2022

N65923

31-AUG-2022

N65923

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause--

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

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

(a) Evaluation of quotes will be conducted on a lowest-priced, technically acceptable basis. All quotes will be evaluated first on price. The lowest priced quote will be evaluated for technical acceptability on an acceptable/unacceptable basis. A technically acceptable quote is one that demonstrates the vendor’s ability to perform the services in accordance with the requirements of the Performance Work Statement within the required period of performance, and at least ten (10) years of experience in the inspection and maintenance of cryogenic vessels. Award will be made on an all or none basis to the lowest-priced technically acceptable vendor who demonstrates satisfactory past performance.

(b) If found to be technically acceptable, past performance will be evaluated. If past performance is found to be satisfactory, then no further evaluations will be conducted and award will be made. If the lowest priced quote is not technically acceptable with satisfactory past performance, the next lowest priced quote will be evaluated and so on, until a technically acceptable quote from a vendor with satisfactory past performance is identified.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017) ALTERNATE I (OCT 2014)

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 https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

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

“Civil judgment” means--

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

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

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

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

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

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

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

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

(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.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

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

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

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

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

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

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

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

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

___ Black American.

___ Hispanic American.

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

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

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

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

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant…