RFP_MCH_M67854-18-R-2023.pdf
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- Attached to
- MAGTF Common Handheld (MCH)
- Solicitation number
- M67854-18-R-2023
- Issued by
-
United States Marine Corps
About this file
This is a Request for Proposal (RFP) for the MAGTF Common Handheld (MCH) system. The RFP seeks proposals for a modular, man-portable equipment suite that allows warfighters to acquire targets in various visibility conditions and control close air support, artillery, and Naval surface fire support missions. The system will also serve as a digital information processing and display system providing integrated, on-the-move secure, timely, and relevant C2/SA information to tactical combat, combat support and combat service support commanders and leaders. Key deliverables include sample EUDs, wireless access points, RMF artifacts, security assessments, test plans and reports, safety assessments, production EUDs, wireless access points, SDKs, secure host components, software licenses, logistics data, and program management. Proposals are due by March 26, 2018. The RFP was issued by the United States Marine Corps.
Request For Proposal (RFP)
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SEE ADDENDUM
(No Collect Calls)
M6785418R2023 07-Feb-2018
b. TELEPHONE NUMBER
(703) 432-8736
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 26 Mar 2018
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE
NO.
M678549. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
TOMMY KING
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF
AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
MARCORSYSCOM
ATTN: TOMMY KING, CT CES
2200 LESTER STREET
QUANTICO VA 22134
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A 13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: (703) 432-8736 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE
SMALL BUSINESS
SIZE STANDARD:
1,250
NAICS:
334220
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE
WOMEN-OWNED SMALL BUSINESS
PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL
ITEMS (CONTINUED)
PAGE 2 OF103
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
M6785418R2023
Section SF 1449 - CONTINUATION SHEET
TABLE OF CONTENTS
Section A Table of Contents
SECTION DESCRIPTION
A SECTION A: SF1449
SF1449 Solicitation/Contract/Order for Commercial Items Cover Sheet
Table of Contents
(Continuation of Standard Form 1449)
B SECTION B: SCHEDULE OF SUPPLIES
CLIN List and Pricing Terms
C SECTION C: CLAUSES
Contract Clauses
D SECTION D: LIST OF DOCUMENTS, EXHIBITS OR ATTACHMENTS
Contract Administration
Attachment 1 Performance Work Statement (PWS) with Appendices
2 DD Form 254, DoD Contract Security Classification Specification
3 Requirements Compliance Matrix (RCM)
4 Pricing Worksheet (sample)
5 System Volume Pricing Worksheet (sample)
Exhibit 1 Past Performance Questionnaire (PPQ)
2 Performance Specification (PSPEC)
E SECTION E: SOLICITATION PROVISIONS
Addendum 1 Instructions to Offerors (FAR 52.212-1)
Addendum 2 Evaluation Commercial Items (FAR 52.212-2)
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 UNDEFINED Each Sample EUD Large Form Factor
FFP
The contractor shall provide MCH sample EUD Large Form Factor(s) as identified in the PSPEC and IAW PWS Sections 4.3, 4.4, and 4.5. The Government intends to initially procure 20 test sample devices and in the event of the need to refresh, the Government may procure up to 20 additional devices.
Delivery of test sample devices to the Government will be no more than 90 days After Delivery of Contract (ADC).
FOB: Destination
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0002 UNDEFINED Each Sample EUD Small Form Factor
FFP
The contractor shall provide MCH sample Small Form EUD's as identified in the PSPEC and IAW PWS Sections 4.3, 4.4 and 4.5. The Government intends to intially procure 30 test sample devices and in the event of the need to refresh, the Government will procure up to 30 additional devices. Delivery of test sample devices to the Government will be no more than 90 days After Delivery of Conttract (ADC).
UNIT UNIT PRICE MAX AMOUNT
0003 UNDEFINED Each Sample Wireless Access Point
FFP
The contractor shall provide MCH Wireless Access Point(s) as identified in the PSPEC and IAW PWS Sections 4.3 and 4.5.
UNIT UNIT PRICE MAX AMOUNT
0004 UNDEFINED Each Risk Management Framework (RMF)
FFP
The contractor shall deliver RMF Artifacts under CDRL A008 IAW PWS 4.3.4.4
UNIT UNIT PRICE MAX AMOUNT
0005 UNDEFINED Each Security Assessment Report
FFP
The contractor shall deliver Security Assessment Report under CDRL A009 IAW
PWS 4.3.4.4
UNIT UNIT PRICE MAX AMOUNT
0006 UNDEFINED Each Factory Acceptance Test Plan
FFP
The contractor shall deliver Factory Acceptance Test Plan under CDRL A00B
IAW PWS 4.5.1
UNIT UNIT PRICE MAX AMOUNT
0007 UNDEFINED Each Factory Acceptance Test Report
FFP
The contractor shall deliver Factory Acceptance Test Report under CDRL A00C
IAW PWS 4.5.1
UNIT UNIT PRICE MAX AMOUNT
0008 UNDEFINED Each Safety Assessment Report
FFP
The contractor shall deliver the Safety Assessment Report under CDRL A00F
IAW PWS 4.3.5
UNIT UNIT PRICE MAX AMOUNT
0009 UNDEFINED Each Production EUD Large Form Factor
FFP
The contractor shall provide MCH Production EUD's Large Form Factor(s) as identified in the PSPEC and IAW PWS Sections 4.3 and 4.5. Delivery of Production Devices to the Government will be no more than 90 days After Delivery of Contract (ADC).
Offerors pricing for this CLIN should be submitted on a Volume Discount Pricing Worksheet (see sample at Attachment 5). The unit price for each delivery order will be determined based on the quantity ordered.
UNIT UNIT PRICE MAX AMOUNT
0010 UNDEFINED Each Production EUD Small Form Factor
FFP
The contractor shall provide MCH Production EUD's Large Form Factor(s) as identified in the PSPEC and IAW PWS Sections 4.3 and 4.5. Delivery of Production Devices to the Government will be no more than 90 days After Delivery of Contract (ADC).
Offerors pricing for this CLIN should be submitted on a Volume Discount Pricing Worksheet (see sample at Attachment 5). The unit price for each delivery order will be determined based on the quantity ordered.
UNIT UNIT PRICE MAX AMOUNT
0011 UNDEFINED Each Production Wireless Access Point
FFP
The contractor shall provide MCH Production Wireless Access Point(s) as identified in the PSPEC and IAW PWS Sections 4.3 and 4.5. Delivery of Production Device to the Government will be no more than 90 days After Delivery of Contract (ADC).
UNIT UNIT PRICE MAX AMOUNT
0012 UNDEFINED
Accessories
FFP
The contractor shall provide a list of all accessories, to include unit prices, that will be included as part of the Sample and Production Systems IAW PWS Sections 4.3 and 4.4.3. In addition, the contractor shall provide a list of any optional accessories beyond those included in the Sample and Production System, to include unit prices, that are available for purchase. The pricing provided will be fixed for 5 a year ordering period. The Government intends to incorporate the fixed price Accessory List as an attachment to the contract that may be utilized for orders under the contract.
UNIT UNIT PRICE MAX AMOUNT
0013 UNDEFINED Each Software Development Kit (SDK)
FFP
The contractor shall provide the SDK IAW PWS section 4.4.4.
UNIT UNIT PRICE MAX AMOUNT
0014 UNDEFINED Each EUD - Wireless Access Components
FFP
The contractor shall provide Secure Host Baseline EUD/ Wireless Access Components IAW PWS 4.4.5. Deliver no later than 90 days After Receipt of Order (ARO).
UNIT UNIT PRICE MAX AMOUNT
0015 UNDEFINED Each Mobile Mgmt / Security Components
FFP
The contractor shall provide Secure Host Baseline Mobile Management / Security Components IAW PWS 4.4.5. Deliver no later than 90 days After Receipt of Order (ARO).
UNIT UNIT PRICE MAX AMOUNT
0016 UNDEFINED Each Software License
FFP
The contractor shall provide Software License(s) IAW PWS section 4.4.6
UNIT UNIT PRICE MAX AMOUNT
0017 UNDEFINED Each Certificate of Compliance
FFP
The contractor shall deliver a Certificate of Compliance under CDRL D008 IAW
PWS 4.4.6
UNIT UNIT PRICE MAX AMOUNT
0018 UNDEFINED Each Software License Requirements
FFP
The contractor shall deliver Software License Requirements List under CDRL
D009 IAW PWS 4.4.6
UNIT UNIT PRICE MAX AMOUNT
0019 UNDEFINED Each CSfC Solution Diagram
FFP
The contractor shall deliver its CSfC Solution Diagram under CDRL A007 IAW
PWS 4.3.1.3
UNIT UNIT PRICE MAX AMOUNT
0020 UNDEFINED Each CSfC CP Binder
FFP
The contractor shall deliver the CSfC CP Binder in NSA format under CDRL A00A IAW PWS 4.3.1.3 and 4.3.1.4
UNIT UNIT PRICE MAX AMOUNT
0021 UNDEFINED Lot CSfC Capability Package Testing
FFP
The contractor shall provide CSfC Capability Package Testing IAW PWS section 4.5.2
UNIT UNIT PRICE MAX AMOUNT
0022 UNDEFINED Each Systems Users Guide
FFP
The contractor shall deliver a Systems User Guide under CDRL A001 IAW PWS 4.7.1
UNIT UNIT PRICE MAX AMOUNT
0023 UNDEFINED Each System Security Administrator Document
FFP
The contractor shall deliver a System Security Administrator Operators Document under CDRL A002 IAW PWS 4.7.2
UNIT UNIT PRICE MAX AMOUNT
0024 UNDEFINED Each Interface Control Document
FFP
The contractor shall deliver a Interface Control Document under CDRL A003
IAW PWS 4.7.3
UNIT UNIT PRICE MAX AMOUNT
0025 UNDEFINED Each System Design Description
FFP
The contractor shall deliver the System Design Description under CDRL A004
IAW PWS 4.7.4
UNIT UNIT PRICE MAX AMOUNT
0026 UNDEFINED Each Software Version Description
FFP
The contractor shall deliver Software Version Description under CDRL A005 IAW PWS 4.3.4.3 and 4.7.5
UNIT UNIT PRICE MAX AMOUNT
0027 UNDEFINED Each Products Drawings
FFP
The contractor shall deliver Product Drawings, Models, and Associated Lists under CDRL A006 IAW PWS 4.7.6
UNIT UNIT PRICE MAX AMOUNT
0028 UNDEFINED Months Program Management
FFP
The Contractor shall provide Program Management, Program Protection, and Technical Support / Corrective Actions Services IAW PWS Sections 4.1, 4.2, and 4.6.
UNIT UNIT PRICE MAX AMOUNT
0029 UNDEFINED Each Monthly Status Report
FFP
The Contractor shall deliver Monthly Status Reports under CDRL B001 IAW PWS 4.1.4, 4.1.6.3, 4.2.1.4, and 4.3.1.4
UNIT UNIT PRICE MAX AMOUNT
0030 UNDEFINED Each Program Protection Implementation Plan
FFP
The contractor shall deliver the Program Protection Implementation Plan under CDRL B002 IAW PWS 4.2.1.1, 4.2.1.4, and 4.2.1.5
UNIT UNIT PRICE MAX AMOUNT
0031 UNDEFINED Each Configuration Management Plan
FFP
The contractor shall deliver the Configuration Management Plan under CDRL
B003 IAW PWS 4.1.3.2
UNIT UNIT PRICE MAX AMOUNT
0032 UNDEFINED Each Technical Report
FFP
The contractor shall deliver Technical Report-Study/Services IAW with CDRL A00E and PWS section 4.6.2.1
UNIT UNIT PRICE MAX AMOUNT
0033 UNDEFINED Months Cybersecurity Update
FFP
The contractor shall perform Cybersecurity Update(s) IAW PWS Section 4.3.4 and CDRLS A008 and A009.
UNIT UNIT PRICE MAX AMOUNT
0034 UNDEFINED Months Security Patches
FFP
The contractor shall provide Security Patches IAW PWS 4.3.4.3
UNIT UNIT PRICE MAX AMOUNT
0035 UNDEFINED Each DMSMS Management Plan
FFP
The contractor shall deliver a DMSMS Management Plan under CDRL D006
IAW PWS 4.8.1.1
UNIT UNIT PRICE MAX AMOUNT
0036 UNDEFINED Each DMSMS Alert Notice
FFP
The contractor shall deliver a DMSMS Management Alert Notices under CDRL
D007 IAW PWS 4.8.1.1
UNIT UNIT PRICE MAX AMOUNT
0037 UNDEFINED Each CSfC Registration Update
FFP
The contractor shall provide CSfC Registration Update IAW PWS section 4.8.1.2.
UNIT UNIT PRICE MAX AMOUNT
0038 UNDEFINED Each Engineering Change Proposal
FFP
Changes such as, but not limited to; product end of life or internal Component Changes will be negotiated in accordance with PWS 4.8.1.3.1 and 4.8.1.3.2 and will include the delivery of CDRL A00G. Offerors shall not submit prcing for this CLIN. When required, each delivery order will be negotiated separately on a fixed price basis.
UNIT UNIT PRICE MAX AMOUNT
0039 UNDEFINED Each Logistics Product Data
FFP
The contractor shall deliver Logistics Product Data under CDRL D001 IAW PWS 4.8.2
UNIT UNIT PRICE MAX AMOUNT
0040 UNDEFINED Each Bill of Materials
FFP
The contractor shall deliver a Bill of Materials under CDRL D002 IAW PWS 4.8.2
UNIT UNIT PRICE MAX AMOUNT
0041 UNDEFINED Each Engineering Data
FFP
The contractor shall deliver Engineering Data for Provisioning under CDRL D003
IAW PWS 4.8.2
UNIT UNIT PRICE MAX AMOUNT
0042 UNDEFINED Each Source List
FFP
The contractor shall deliver the Source, Vendor, and Foreign List under CDRL
D004 IAW PWS 4.8.2
UNIT UNIT PRICE MAX AMOUNT
0043 UNDEFINED Each Warranty Performance Report
FFP
The contractor shall deliver a Warranty Performance Report under CDRL D005
IAW PWS 4.8.3
UNIT UNIT PRICE MAX AMOUNT
0044 UNDEFINED
Logistics Product Data Summaries
FFP
The contractor shall deliver the Logistics Product Data Summaries under CDRL
D00A IAW PWS 4.8.2
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0045 Lot Travel & Other Direct Cost
COST
Travel will be reimbursed IAW Joint Travel Regulations (JTR)
ESTIMATED COST
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Origin Government Destination Government 0002 Origin Government Destination Government 0003 Origin Government Destination Government 0004 Origin Government Destination Government 0005 Origin Government Destination Government 0006 Origin Government Destination Government 0007 Origin Government Destination Government 0008 Origin Government Destination Government 0009 Origin Government Destination Government 0010 Origin Government Destination Government 0011 Origin Government Destination Government 0012 Origin Government Destination Government 0013 Origin Government Destination Government 0014 Origin Government Destination Government 0015 Origin Government Destination Government 0016 Origin Government Destination Government 0017 Origin Government Destination Government 0018 Origin Government Destination Government 0019 Origin Government Destination Government 0020 Origin Government Destination Government 0021 Origin Government Destination Government 0022 Origin Government Destination Government 0023 Origin Government Destination Government 0024 Origin Government Destination Government 0025 Origin Government Destination Government 0026 Origin Government Destination Government 0027 Origin Government Destination Government 0028 Origin Government Destination Government 0029 Origin Government Destination Government 0030 Origin Government Destination Government 0031 Origin Government Destination Government 0032 Origin Government Destination Government 0033 Origin Government Destination Government 0034 Origin Government Destination Government 0035 Origin Government Destination Government 0036 Origin Government Destination Government 0037 Origin Government Destination Government 0038 Origin Government Destination Government 0039 Origin Government Destination Government 0040 Origin Government Destination Government 0041 Origin Government Destination Government 0042 Origin Government Destination Government 0043 Origin Government Destination Government 0044 Origin Government Destination Government 0045 Origin Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 90 dys. ADC N/A
0002 90 dys. ADC N/A
0003 90 dys. ADC N/A
0004 N/A N/A N/A N/A
0005 N/A N/A N/A N/A
0006 N/A N/A N/A N/A
0007 N/A N/A N/A N/A
0008 N/A N/A N/A N/A
0009 90 dys. ADC N/A
0010 90 dys. ADC N/A
0011 90 dys. ADC N/A
0012 N/A N/A N/A N/A
0013 N/A N/A N/A N/A
0014 90 dys. ADC N/A
0015 90 dys. ADC N/A
0016 N/A N/A N/A N/A
0017 N/A N/A N/A N/A
0018 N/A N/A N/A N/A
0019 N/A N/A N/A N/A
0020 N/A N/A N/A N/A
0021 N/A N/A N/A N/A
0022 N/A N/A N/A N/A
0023 N/A N/A N/A N/A
0024 N/A N/A N/A N/A
0025 N/A N/A N/A N/A
0026 N/A N/A N/A N/A
0027 N/A N/A N/A N/A
0028 N/A N/A N/A N/A
0029 N/A N/A N/A N/A
0030 N/A N/A N/A N/A
0031 N/A N/A N/A N/A
0032 N/A N/A N/A N/A
0033 N/A N/A N/A N/A
0034 N/A N/A N/A N/A
0035 N/A N/A N/A N/A
0036 N/A N/A N/A N/A
0037 N/A N/A N/A N/A
0038 N/A N/A N/A N/A
0039 N/A N/A N/A N/A
0040 N/A N/A N/A N/A
0041 N/A N/A N/A N/A
0042 N/A N/A N/A N/A
0043 N/A N/A N/A N/A
0044 N/A N/A N/A N/A
0045 N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-15 Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009
JUN 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2016 52.204-7 Alt I System for Award Management-- Alternate I JUL 2013 52.204-8 Annual Representations and Certifications JAN 2017 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)
OCT 2016
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
NOV 2015
52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.211-11 Liquidated Damages--Supplies, Services, or Research and Development
SEP 2000
52.211-16 Variation In Quantity APR 1984 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-19 Notification of Ownership Changes OCT 1997 52.216-1 Type Of Contract APR 1984 52.216-27 Single or Multiple Awards OCT 1995 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.222-56 Certification Regarding Trafficking in Persons Compliance
Plan.
MAR 2015
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
OCT 2015
52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-11 Patent Rights--Ownership By The Contractor MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014
52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.244-6 Subcontracts for Commercial Items JAN 2017 52.245-1 Government Property JAN 2017 52.245-1 Alt I Government Property (JAN 2017) Alternate I APR 2012 52.245-9 Use And Charges APR 2012 52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7007 Alternate A, Annual Representations and Certifications JAN 2015 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government
JUN 2010
252.215-7008 Only One Offer OCT 2013 252.219-7003 Small Business Subcontracting Plan (DOD Contracts)--Basic MAR 2016 252.225-7000 Buy American--Balance Of Payments Program Certificate--
Basic (Nov 2014)
NOV 2014
252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2016)
DEC 2016
252.225-7048 Export-Controlled Items JUN 2013 252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7014 Rights in Noncommercial Computer Software and
Noncommercial Computer Software Documentation
FEB 2014
252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7017 Identification and Assertion of Use, Release, or Disclosure
Restrictions
JAN 2011
252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2016 252.227-7025 Limitations on the Use or Disclosure of Government-
Furnished Information Marked with Restrictive Legends
MAY 2013
252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.227-7038 Patent Rights--Ownership by the Contractor (Large Business) JUN 2012 252.227-7039 Patents--Reporting Of Subject Inventions APR 1990 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.246-7001 Warranty Of Data MAR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 334220.
(2) The small business size standard is 1,250.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.
Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph 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.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) 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 the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.
FAR Clause Title Date Change
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 on SAM.
(End of provision)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;
and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
https://www.acquisition.gov/
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
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.
52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016)
(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.
(b) If the Offeror is proposing a total contract price that will exceed $5,000,000 (including options), the Offeror shall certify that, to the best of its knowledge and belief, it--
(1) Has [ ] filed all Federal tax returns required during the three years preceding the certification;
(2) Has not [ ] been convicted of a criminal offense under the Internal Revenue Code of 1986; and
(3) Has not [ ], more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) 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;
https://www.sam.gov/portal http://www.dol.gov/fairpayandsafeworkplaces
(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;
http://www.osha.gov/dcsp/osp/approved_state_plans.html
(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).
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