NoticofIntentDraftSol.docx

M0068117T0020

Section SF 1449 - CONTINUATION SHEET

ASCOT Preventative/Basic Maintenance

FFP

The contractor shall provide Help Desk support 24hours/7days a week to MAWTS-1 personnel conducting preventative and basic maintenance as potential maintenance issues arises.

FOB: Destination

MILSTRIP: M0124417SUC4008

PURCHASE REQUEST NUMBER: M0124417SUC4008

MAX

NET AMT

Over and Above Task (PWS 4.2)

Tasks under this section shall include onsite support visits to provide ASCOT maintenance support to MAWTS-1 personnel as needed. The COR will identify the necessary maintenance needed and forward the necessary work request to the contractor.

FOB: Destination

MAX

Scenario Development Support/Event Setup

The contractor shall provide assistance in scenario development and creation capability and support personnel to MAWTS-1 so that Marine operators can develop and war-game the scenario in preparation for the exercise. PWS 4.3 All labor categories/positions and fully loaded FFP hourly labor price for each position that will be used to perform this work--as needed--are provided below:

Labor Category:__________________ FFP Hourly Rate:__________________ FOB: Destination

MAX

Travel Costs

COST

All travel requirements (including plans, agenda, itinerary, or dates) shall be pre-approved by the COR (subject to local policy procedures), and paid on a cost reimbursable basis. Costs for travel shall be billed in accordance with the Federal Travel Regulations (FTR) for the location in which the work is performed. PWS 6.0 FOB: Destination

MAX COST

FFP

The contractor shall provide Help Desk support 24hours/7days a week to MAWTS-1 personnel conducting preventative and basic maintenance as potential maintenance issues arises.

MAX

FFP

Tasks under this section shall include onsite support visits to provide ASCOT maintenance support to MAWTS-1 personnel as needed. The COR will identify the necessary maintenance needed and forward the necessary work request to the contractor.

MAX

FFP

The contractor shall provide assistance in scenario development and creation capability and support personnel to MAWTS-1 so that Marine operators can develop and war-game the scenario in preparation for the exercise. PWS 4.3 All labor categories/positions and fully loaded FFP hourly labor price for each position that will be used to perform this work--as needed--are provided below:

Labor Category:__________________ FFP Hourly Rate:__________________

MAX

COST

All travel requirements (including plans, agenda, itinerary, or dates) shall be pre-approved by the COR (subject to local policy procedures), and paid on a cost reimbursable basis. Costs for travel shall be billed in accordance with the Federal Travel Regulations (FTR) for the location in which the work is performed. PWS 6.0

MAX COST

FFP

The contractor shall provide Help Desk support 24hours/7days a week to MAWTS-1 personnel conducting preventative and basic maintenance as potential maintenance issues arises.

MAX

FFP

Tasks under this section shall include onsite support visits to provide ASCOT maintenance support to MAWTS-1 personnel as needed. The COR will identify the necessary maintenance needed and forward the necessary work request to the contractor.

MAX

FFP

The contractor shall provide assistance in scenario development and creation capability and support personnel to MAWTS-1 so that Marine operators can develop and war-game the scenario in preparation for the exercise. PWS 4.3 All labor categories/positions and fully loaded FFP hourly labor price for each position that will be used to perform this work--as needed--are provided below:

Labor Category:__________________ FFP Hourly Rate:__________________

MAX

COST

All travel requirements (including plans, agenda, itinerary, or dates) shall be pre-approved by the COR (subject to local policy procedures), and paid on a cost reimbursable basis. Costs for travel shall be billed in accordance with the Federal Travel Regulations (FTR) for the location in which the work is performed. PWS 6.0

MAX COST

FFP

The contractor shall provide Help Desk support 24hours/7days a week to MAWTS-1 personnel conducting preventative and basic maintenance as potential maintenance issues arises.

MAX

FFP

Tasks under this section shall include onsite support visits to provide ASCOT maintenance support to MAWTS-1 personnel as needed. The COR will identify the necessary maintenance needed and forward the necessary work request to the contractor.

MAX

FFP

The contractor shall provide assistance in scenario development and creation capability and support personnel to MAWTS-1 so that Marine operators can develop and war-game the scenario in preparation for the exercise. PWS 4.3 All labor categories/positions and fully loaded FFP hourly labor price for each position that will be used to perform this work--as needed--are provided below:

Labor Category:__________________ FFP Hourly Rate:__________________

MAX

COST

All travel requirements (including plans, agenda, itinerary, or dates) shall be pre-approved by the COR (subject to local policy procedures), and paid on a cost reimbursable basis. Costs for travel shall be billed in accordance with the Federal Travel Regulations (FTR) for the location in which the work is performed. PWS 6.0

MAX COST

FFP

The contractor shall provide Help Desk support 24hours/7days a week to MAWTS-1 personnel conducting preventative and basic maintenance as potential maintenance issues arises.

MAX

FFP

Tasks under this section shall include onsite support visits to provide ASCOT maintenance support to MAWTS-1 personnel as needed. The COR will identify the necessary maintenance needed and forward the necessary work request to the contractor.

MAX

FFP

The contractor shall provide assistance in scenario development and creation capability and support personnel to MAWTS-1 so that Marine operators can develop and war-game the scenario in preparation for the exercise. PWS 4.3 All labor categories/positions and fully loaded FFP hourly labor price for each position that will be used to perform this work--as needed--are provided below:

Labor Category:__________________ FFP Hourly Rate:__________________

MAX

COST

All travel requirements (including plans, agenda, itinerary, or dates) shall be pre-approved by the COR (subject to local policy procedures), and paid on a cost reimbursable basis. Costs for travel shall be billed in accordance with the Federal Travel Regulations (FTR) for the location in which the work is performed. PWS 6.0

MAX COST

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

14-AUG-2018

GABRIEL MOYA

BLDG 406

YUMA CA 85369

928-269-2686

M01244

14-AUG-2018

M01244

14-AUG-2018

M01244

14-AUG-2018

M01244

14-AUG-2019

M01244

14-AUG-2019

FOB: N/A

M01244

14-AUG-2019

FOB: N/A

M01244

14-AUG-2019

M01244

14-AUG-2020

M01244

14-AUG-2020

M01244

14-AUG-2020

M01244

14-AUG-2020

M01244

14-AUG-2021

M01244

14-AUG-2021

M01244

14-AUG-2021

M01244

14-AUG-2021

M01244

14-AUG-2022

M01244

14-AUG-2022

M01244

14-AUG-2022

M01244

14-AUG-2022

M01244

PERFORMANCE WORK STATEMENT

Performance Work Statement for Marine Aviation Weapons and Tactics Squadron One (MAWTS-1) Advanced Simulator Combat Operations Trainer (ASCOT) Maintenance and Technical Support

1. BACKGROUND

MAWTS-1 is the United States Marine Corps’ premiere advanced aviation training school. MAWTS-1 provides Marine Aviation the required service-level training to qualify and produce Weapons and Tactics Instructors (WTIs), an additional military occupational specialty, supporting every function of Marine Corps Aviation. Training is conducted during the span of two WTI courses per year and sustained by fleet support at locations worldwide; more than 400 students during the WTI Courses and more than 300 qualifications during fleet support. Additionally, MAWTS-1 provides pre-deployment and unit-level assessments throughout the year to ensure units are able to successfully integrate aviation with all elements of the Marine Air Ground Task Force.

In October of 2015, MAWTS-1 procured the Advanced Simulation Combat Operations Trainer (ASCOT) ASCOT from PLEXSYS to increase their capability to train WTIs and enhance their ability to support the fleet with Modeling and Simulation (M&S) exercises during WTI, global fleet support exercises. ASCOT provides simulation environments which currently train over 2,000 WTIs and air command and control Marines annually. The system is also utilized to assist the Marine Corp’s development of Live, Virtual and Constructive Training Environment (LVC-TE) concepts. The ASCOT is the only system known to MAWTS-1 to work with Common Aviation Command and Control System (CAC2S).

1. SCOPE

The scope of this effort is to provide maintenance and technical support services for the ASCOT system, so that it can be utilized by MAWTS-1 to meet their training objectives. To ensure that ASCOT continues to functions optimally, the system requires ongoing maintenance and technical support updates. This contractual effort will enable MAWTS-1 to sustain, improve and maintain the ASCOT system.

1. GENERAL REQUIREMENTS

2. The contractor shall complete all the necessary maintenance to ensure the ASCOT system functions as designed. This maintenance shall be provided primarily through Help Desk support. The contractor shall also provide on-site technical support as needed to ensure the system can be configured appropriately prior to the conduct of WTI LVC-TE events.

2. Contractor Point of Contact. Contractor shall provide a primary point of contact for the coordination of tasks identified in this PWS. (Deliverable 12.1)

1. SPECIFIC TASKS

3. Preventative and Basic Maintenance. The contractor shall provide Help Desk support 24hours/7days a week to MAWTS-1 personnel to include conducting preventative and basic maintenance as potential maintenance issues arises.

0. Help Desk Support. Contractor shall provide assistance within 24 hours of receiving a Help Desk request from the COR (or other MAWTS-1 personnel authorized by the COR to make requests).

0. Annual Preventative Maintenance. Contractor support shall include one (1) annual preventative maintenance support visit. Additional onsite support visits will fall under the Over and Above Tasks category (see PWS Section 4.3 below)

1. The scheduled date for annual maintenance visit shall be coordinated with the MAWTS-1 Contracting Officer Representative (COR) and a finalized copy provided to the COR within 10 calendar days of contract award.

1. An updated schedule shall be provided within 10 calendar days of the effective date of any option period exercised.

1. Any changes to the scheduled preventative maintenance date must be approved in writing by the COR prior to the change in date. (Deliverable 12.3)

0. Software Product Warranty. The contractor shall provide software warranty that covers ASCOT software against critical, blocker, and major bugs (bug severities).

2. Bug Severity Definitions.

0. Critical: Software crashes, loss of data, and memory leaks.

0. Blocker: Blocks both development and testing activities.

0. Major: Loss of software function, unstable and functionality is degraded with no workaround.

0. Contractor support under Section 4.1 shall be funded at a yearly fixed price amount.

3. Over and Above Tasks. Tasks under this section shall include no more than two (2) additional onsite support visits per year to provide ASCOT maintenance support to MAWTS-1 personnel as needed.

1. The COR will identify the necessary maintenance needed and forward the necessary work request to PLEXSYS Inc. within 14 calendar days of when the maintenance is needed.

NOTE: The COR will provide a 45 calendar-day notice to the contractor for maintenance needed to support MAWTS-1 twice a year WTI events.

3. OPTIONAL TASK: Scenario Development Support and Event Setup. Tasks under this section shall occur no more than twice a year at no more than 10 days a session. These task are optional and shall be executed via a Task Order.

2. The contractor shall provide assistance in scenario development and creation capability and support personnel to MAWTS-1 so that Marine operators can develop and war-game the scenario in preparation for the exercise. This will include potentially integrating the ASCOT with other Modeling Simulation systems included, but not limited to the systems listed in paragraph 4.3.6 of this PWS.

2. Assist in all interconnection cabling and interface hardware specific to the simulation generation system.

2. All required technical support during network configuration and installation as required for WTI.

2. All required technical support during basic training of the simulation system and over the shoulder instruction to operators who will utilize the ASCOT to act as simulated pilots as necessary to ensure a successful LVC-TE exercise is executed during WTI or any Global Fleet support exercises.

2. All required technical support during the actual WTI LVC-TE exercise that are supported by ASCOT to include:

· Assisting in setup of the ASCOT prior to the LVC-TE exercise; and

· Ensuring that the system is ready to generate/ display the AC2 scenario to the training audience as appropriate during WTI or during the Global Fleet Support optional task.

2. The Contractor shall provide personnel experienced with the installation and configuration of all external radar interfaces that will integrate with the Common Aviation Command and Control System (CAC2S) organic to the MACCS and potentially with the Aviation Distributed Virtual Training Environment (ADVTE), Virtual Battlespace 3 (VBS3), Virtual Real Scene Generator (VRSG) and MAGTF Tactical Warfare Simulation (MTWS) system (2) MACCS Integrated Simulation Training Exercise (MISTEX) and other LVC-TE events during the WTI course.

If the MAWTS-1 COR deems it necessary to have onsite tech support in order to successfully accomplish the mission as listed above, the COR will notify the contractor at a minimum of 45 days prior to the requested WTI LVC-TE exercise to conduct on-site support at MAWTS-1 on MCAS Yuma, AZ.

1. GOVERNMENT-FURNISHED RESOURCES (GFS)

4. MAWTS-1 will provide secure facilities for operators to develop and war-game the scenario using the contractor’s scenario development and creation capability.

4. MAWTS-1 will provide the four plasma and/or LCD displays needed to display the scenario with the contractor’s scenario development and creation capability.

4. MAWTS-1 will provide the tactical equipment needed to run and distribute the Aviation Command and Control (AC2) scenario. This equipment will be at the Barry Goldwater Range Site 50 within the MCAS Yuma range complex. This will include the network infrastructure to include routers, switches and Ethernet cables. The physical connection to each Bug Pilot position will be Ethernet (Cat 5 or 6) and the physical network connection to the workstations will be the same.

1. TRAVEL – Cost Reimbursable Line Item

5. Contractor personnel may be required to travel within and beyond the Yuma, Arizona (local) region to attend meetings, conferences, and test and evaluation events. Local travel (within fifty miles of the on-site MATWS-1 location) is not reimbursable.

5. The Contractor may be required to travel overseas at the direction of the Government. Each CONUS or OCONUS trip will require one contractor personnel in support of operations. The duration for each overseas trip will not exceed 14 days. The Government will provide a 6-week notice to the Contractor prior to the travel date for each OCONUS trip. A 4-week notice will be provided to the Contractor prior to required state-side (CONUS) travel. If the Contractor is required to travel beyond the local area at the direction of the Government, travel (either CONUS or OCONUS) will be conducted as specified below.

5. All travel requirements/packages (including plans, agenda, itinerary, or dates) shall be pre-approved by the COR (subject to local policy procedures), and paid on a cost reimbursable basis. Costs for travel shall be billed in accordance with the Federal Travel Regulations (FTR) for the location in which the work is performed. This FTR directive is available electronically at the GSA website (www.gsa.gov/portal/content/102886). (Deliverable 12.2)

1. CONTRACT TYPE. This is an Indefinite Delivery, Indefinite Quantity contract with Firm Fixed Price and Cost Reimbursable Contract Line Items.

0. Ordering. Task Orders will be issued in accordance with this performance work statement and issued with only Contract Line Items pertaining to the work requested.

0. A specific period of performance shall be identified on each Task Order issued.

0. Any Task Order that require travel will include an established ceiling amount for travel costs.

1. PERIOD OF PERFORMANCE. The IDIQ contract period of performance shall be for 12 months from date of award with four (4) one-year option periods if exercised. An additional 6-month option to extend services is included and will be exercised by the Contracting Officer if deemed necessary.

1. PLACE OF PERFORMANCE. The services shall be performed primarily at the Marine Corps Air Station Yuma, Arizona and the Yuma Range Complex.

1. GOVERNMENT POINT OF CONTACT. Points of contact shall be provided at time of contract award.

1. QUALITY ASSURANCE.

4. Contractor Quality Control. The Contractor shall ensure quality assurance in accordance with an approved Quality Control Plan (QCP) that covers the services performed in accordance with this PWS. The Contractor shall develop and implement procedures specific to this requirement to identify, prevent, and ensure non-recurrence of defective services.

0. At a minimum, the Contractor shall develop quality assurance procedures that address the areas identified in the “Performance Requirements Summary.” The QCP shall be delivered to the Contracting Officer and COR for review within 30 days of contract award. After acceptance of the QCP, the Contractor shall obtain the Contracting Officer’s acceptance in writing of any proposed change to his QCP. (Deliverable 12.4)

4. Government Quality Assurance Surveillance. The government shall evaluate the contractor’s performance under this task order in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied.

1. DELIVERABLES. These deliverables shall be provided in Contractor preferred format to the PM/COR or other individuals as identified in the below table. Deliverables may be electronic or hard copy.

Contract Specialist

PM/COR

5 Days After Award; 24 Hours After Changes Occur

2 Weeks Prior to Trip

12.3 Annual Preventative Maintenance Schedule (Ref PWS Section 4.1.2)

Contract Specialist

PM/COR

30 Days of Contract Award

1. PERFORMANCE REQUIREMENTS SUMMARY (PRS). The following performance standards shall be utilized by the Contracting Officer Representative (COR) during the performance of this requirement. These performance standards will be incorporated into the Quality Assurance Surveillance Plan.

Performance Standards

4.3 (Optional Task)

4.3.5 (Optional Task)

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

ADDENDUM 52.212-1

INSTRUCTIONS TO OFFERORS

The solicitation is a Sole Source. The associated NAICS code is 541511.

The Marine Corps Installations West, Regional Contracting Office, Camp Pendleton, California is issuing this Request for Quote (RFQ), M00681-17-T-0020, for the acquisition of both maintenance and technical support of the Advanced Simulation Combat Operations Trainer (ASCOT) from PLEXSYS Interface Products, Inc. The acquisition for ASCOT maintenance and technical support ASCOT shall be issued in accordance with FAR Part 12 “Acquisition of Commercial Items”. Required services and tasks are identified in the Statement of Work.

The Government intends to award a single contract as a result of this solicitation. The Government reserves the right to award without discussions, but reserves the right to engage in discussions if later determined to be in the best interest of the Government. An Indefinite Delivery Indefinite Quantity contract with both Firm Fixed Price and Travel Cost CLINs will be awarded for this requirement. This acquisition will be conducted in accordance with FAR Part 12, Acquisition of Commercial Items and FAR 13.5, Simplified Acquisition Procedures.

Offeror must be registered in the System for Award Management (SAM) database. Information on registering in SAM may be obtained by calling (866) 606-8220 or via the internet at http://www.sam.gov. The provision at 52.212-1, Instructions to Offerors - Commercial Items applies to this acquisition.

DELIVERY/INSTALLATION: Please see the Statement of Work.

PRICING: The Contractor shall provide the itemization of the Best Pricing. Evaluation shall be in accordance with FAR13.106-3(a).

EVALUATION. Basis for award shall be based on fair and reasonable pricing (FAR13.106-3(a)) and a Determination of Responsibility (FAR 9.104-1).

TECHNICAL COMPLIANCE: To ensure technical compliance:

a. The vendor’s quote must meet the specified technical requirements stated in FAR 52.212-2, the Statement of Work and the associated CLINs of this Solicitation. A mere statement that the quoter will meet the Government’s requirement is NOT sufficient. Additionally, simply regurgitating (copy and pasting) the specifications in the solicitation is NOT sufficient.

b. Quoter shall provide product literature and description of all quoted items; and

c. Clearly state whether the quoter can meet the required period of performance timeframe.

PREPARATION OF THE RESPONSE TO THE SOLICITATION FOR COMMERCIAL ITEMS. Quotes submitted shall include the following two separate files:

(a) Technical Quote (File 1) – See FAR 52.212-2 for evaluation criteria

(b) Price/Quote (File 2) – All Prices shall be no more than two decimal places. Fill in CLIN descriptions for Labor category and Hourly rates (ref: CLIN 0003 and associated options CLINs.)

SUBMISSION OF QUOTES: Quotes related to this RFQ shall be received by the Contracting Department within the date and time specified in Block 8 on the first page of this solicitation, to be considered for award. The information submitted shall be clear and legible (Note: repetitively copied data loses its clarity and legibility.) Quotes may be submitted via email to diana.lynch-maldona@usmc.mil. Submitted quotes must reflect Technical and Price as described in this Request for Quote. It is solely the Contractor’s responsibility to ensure proposals are received within the required timeframe.

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 acceptable to the Government, price and other factors considered. The following factors shall be used to evaluate the offer:

· Technical factor

· Price factor

Technical Factor: To be rated Technically Acceptable, the offeror must provide a technical approach which clearly describes how the offeror will achieve the objectives. When evaluating the Offeror’s Technical quote, the Government will determine if the offeror has met the following minimum requirements:

1. Written technical approach which clearly describes how the offeror will achieve the objectives of the PWS, specifically sections 4.1, 4.2, 4.3 and 4.4.

2. The offeror provided labor categories and descriptions for the support of the tasks identified in PWS paragraphs 4.1, 4.2, 4.3 and 4.4.

Price Factor: Offeror’s price quote will be evaluated to determine price reasonableness using the methods listed in FAR 13.106-3(a)(2). If further price analysis is needed, the methods outlined in 15.404-1(b)(2) will also be considered. Price negotiation will be conducted as needed

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the base year requirement. Evaluation of options shall not obligate the Government to exercise the option(s). The Option to Extend Services at FAR 52.217-8 will be included in the awarded contract. The Government will evaluate the Option to Extend Services as part of the initial competition by adding half of the final year option price to the overall quoted price.

Note: The method utilized to calculate the price of the 6-month Option to Extend Services is for the purpose of price evaluation only. If the Option to Extend Services is exercised, it will be exercised at the terms and price of the current period being extended.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the 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.

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…