Solicitation_M67861-18-Q-0004_-_Conformed_Copy_with_Amendment_P00001.docx

M6786118Q0004

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

1 Synopsis: This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued.

2 Brand Name or Equal Product: This is a Competitive Brand Name or Equal solicitation under FAR Part 12 using FAR Part 13 procedures for a firm-fixed price contract for the purchase of IBM RadZ Software Support or equal. Descriptive literature/brochures and (proof software/hardware authorized to operate on USMC-N00027-NGEN-U Network) required with all quotes bidding equal. This agency will not be responsible for locating or obtaining any information not included on the face of the offer or a hardcopy attachment to the offer in a response to this solicitation.

QUOTATION INSTRUCTIONS

8Quotations/bids/attachments should be submitted as a pdf document via email to Brenlie.Wilson@usmc.mil. Each email may not exceed 5MB in size due to server/network restrictions. Submit multiple emails if necessary to ensure timely receipt of your bid. Only pdf email attachments are authorized. Any other email attachment types will be rejected by this agency’s servers. All bids should include an overall total price in addition to individual pricing by contract line item (CLIN) 9All responsible sources may submit a quotation which, if received in a timely manner, should be considered by the agency.

10 Award will be made to the lowest-priced technically acceptable (LPTA) offer. See FAR 52.212-2 herein for technical evaluation procedures.

11 The Government will accept open market or GSA offers in response to this solicitation.

13 Method of Invoicing/Payment: Wide Area Workflow (WAWF) DFARS 252.232-7006 WAWF Instructions.

14 Any direct customer contact by Bidders is not authorized during the solicitation phase or your bid may be at risk of being eliminated from consideration for this solicitation.

15 NO PHONE CALLS will be accepted regarding this solicitation. ALL QUESTIONS should be sent in writing via email to Brenlie.Wilson@usmc.mil.

17 The Contracting Officer may review Past Performance Information Retrieval System (PPIRS) for responsibility determination purposes.

18 The Government reserves the right to make award solely on initial quotes received; award will be made on an all or none basis.

19 Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation.

INSTRUCTIONS TO BE CONSIDERED RESPONSIVE TO THIS SOLICITATION

20 Bidders should include and comply with all remaining numbered instructions to Offerors:

21 CAGE code 22 DUNS number 23 Address 24 Point of contact 25 Delivery lead time after receipt of order for supplies and period of performance for services if different than listed in the solicitation document. List by line item if the delivery lead time differs from one line item to another. This should be visible on the face of the quote and not incorporated as a link or other attachment.

26 Prompt payment/discount terms (if offered). This will not be used to evaluate offers.

27 Contract number and expiration date should be included if bidding under a GSA or other contract. This should be listed per line item unless the contract vehicle is applicable to all line items.

28 Manufacturer Part Number and Contractor Part Number (if different).

34 Software End User Licensing Agreements (EULA)/Warranty Support: All Government software contracts are required to include warranty provisions from authorized sellers/resellers of all commercial and non-commercial publisher software products. The Government will not accept any seller/reseller disclaimers of implied publisher standard commercial warranty or automatic renewals. As a minimum software warranties should cover the performance of all required product capabilities, free from defects/bugs, for all intended authorized users, process for reporting/fixing defects remedied at no charge to the Government, effective after Government tests of delivered software product(s), and include the seller/reseller's return policy and procedures.

36 Subscription/Warranty Support: If subscription maintenance support is expired, Offeror’s should specify the actual manufacturer’s subscription term dates for each line item of the offer citing ‘reinstatement’ (if applicable) for any expired/overdue line items along with correct support term dates (i.e. Reinstatement for overdue renewal for term 11/01/2017-10/31/2018). Option year support renewals should be consecutive from base year for a full 12-months at the manufacturer’s dictated support term dates. This paragraph is not applicable to bidders bidding an equal product.

37 Software/Hardware Support: All bids for renewal of software/hardware maintenance support should include the manufacturer’s period of performance end dates on the face of the quote. Also, this solicitation may contain support subscriptions with varying support term dates. The offeror should state whether co-term is authorized by the manufacturer on the face of the offer.

44 Service Contract Labor Standards: This solicitation includes contract line items (CLIN) for services therefore a wage determination is included and assumed applicable to this solicitation. Bidders should provide self-certification in FAR 52.212-3(K)(1) or (2) for a formal determination before award for the products listed in this solicitation. If a wage determination is no longer applicable based on self-certification responses, the wage determination will be removed upon final award. If self-certification is not provided or certification responses indicate the wage determination is applicable, the wage determination will remain upon final award. This full text of this FAR clause is included in this solicitation (with section K bolded for ease of completion) and can also be found at http://farsite.hill.af.mil/vffar.htm.

45 Completion of provision 52.212-3 Alt I: Offerors should complete certifications and representations for paragraphs i, j, n, p, q, and r at FAR 52.212-3 Alt I herein, or indicate completion of paragraphs within SAM registration. For service acquisitions, offerors should also complete paragraphs k(1) and k(2) within their SAM registration. For information technology procurements, offerors should also complete DFARS 252.239-7009 within their SAM registration.

46 Solicitation/Contract Line Item Numbers (CLIN) Structure – Potential bidders should submit bids in the same CLIN structure as outlined in the solicitation for bid evaluation purposes. However, an alternate line item structure can be submitted as an additional attachment consolidating like line items and pricing for award consideration.

48 System for Award Management (SAM.gov) – Potential bidders not currently registered at SAM.gov should register (including completion of certifications and representations) to be considered for award. Registration may take several days to be visible at SAM.gov, therefore, affected bidders should provide proof of registration/date with bid submittal. Contact SAM.gov website points of contact if you need assistance with registration.

SALIENT CHARACTERISTICS

RDZ SALIENT REQUIREMENTS (Brand Name or Equal)

-The solution shall support multiple OS platforms.

-The solution shall support mutual certificate authentication.

-The solution shall be capable of encryption meeting the FIPS 140-2 standard.

-The solution shall be capable of bidirectional transmissions.

-The solution shall be accredited to run on USMC networks.

-The solution shall maintain processing logs, sufficient to support audit and statistical analysis.

-The solution shall be configurable to support different network configurations.

-The solution shall integrate with Apache Cordova tools for developing hybrid mobile applications -The solution shall have an Integrated Debugger to support DB2® Stored Procedures; code coverage feature and use the Integrated Debugger technology, so additional prerequisite software is no longer required to take advantage of this functionality -The solution shall provide zUnit unit testing framework enhanced with capabilities for more fully automating creation of COBOL test cases and test data -The solution shall provide support for JSON in the Enterprise Service Tools (EST), simplifying the use of existing CICS® services by mobile applications -The solution shall have the ability to deploy EGL Web and REST based applications to the Liberty Profile in CICS Translation Server V5.1 -The solution shall support EGL language annotations -The solution shall support additional Dojo widget capabilities -The solution shall support Extension Points and APIs -The solution shall be able to target a variety of application servers, databases, and other middleware, but optimize for WebSphere Application Server and Liberty Profile (a simplified lightweight runtime for web and OSGi applications), WebSphere Portal Server, and IBM PureApplication® System.

-The solution shall provide an environment for development of Java™ EE, SOA, OSGi, Cloud, Web 2.0, Mobile Web, Hybrid Mobile, Portal, SCA, SIP, and Modern batch applications. In addition have code creation tools to support unit testing using embedded test servers, and provide problem determination and code analysis tools for assuring delivery of high-quality applications.

-The solution shall provide JEE6 support (EJB 3.1, JPA 2.0, JSF 2.0, and Servlet 3.0).

-The solution shall provide tools for developing OSGI applications.

-The solution shall provide tools for developing Modern Java batch applications.

-The solution shall provide diagrammatic tools for developing SOA solutions using Service Components Architecture (OASIS SCA 1.1).

-The solution shall have Service Mapping tools.

-The solution shall have an embedded WebSphere Application Server (including the Liberty profile) and WebSphere Portal Server test environments.

-The solution shall have tools for developing JAX-WS Web Services targeting Liberty server with core security.

-The solution shall have tools for targeting and installing user-defined Liberty Features.

-The solution shall integrate with the WebSphere adapter support for SAP, PeopleSoft, Siebel, Oracle E-Business Suite, JD Edwards, CICS, and IMS.

-The solution shall provide code review (static analysis) with predefined rules for coding guidelines and best practices, "Quick Fix" suggestions and an extensible framework that supports addition of custom rules.

-The solution shall have line-level-code coverage analysis: providing detailed information on what code paths were run during program execution and helps to ensure the proper test coverage. The results can be shared and used to gate code deliveries.

-The solution shall have run-time analysis tools including memory leak detection, thread lock detection, user defined probes, and performance analysis.

-The solution shall have control flow diagrams for COBOL programs: A graphical representation of the program flow with links to the underlying source and zoom in-out capability -The solution shall provide for data element table showing all the data elements for a given COBOL program being edited and its dependent copy books or include files -The solution shall show open called programs from within COBOL source -The solution shall provide "Program scope static analysis" for identifying and highlighting potentially unreachable code.

-The solution shall general static analysis that inspects code for compliance with rules and best practices.

-The solution shall include predefined rules and templates for COBOL applications, and a framework with support for building your own custom rules. Code review results can be viewed interactively in the Software Analyzer results view or through generated reports in HTML, PDF, CSV, or XML formats.

-The solution shall have an integrated interactive debugger: Built on an architecture that uses very little System z resource and enables step debugging across complex solutions implemented in multiple languages or deployed to multiple platforms.

-The solution shall provide for headless static code review: This enables static analysis to be performed in zero-GUI ("headless") mode, so analysis can be incorporated into automated build and test processes.

-The solution shall have line level code coverage: Providing tools to measure and report on test coverage of an application, indicating what source code lines were tested and which lines remain to be tested.

-The solution shall have headless LL code coverage: This enables coverage analysis to be performed in zero-GUI ("headless") mode, so analysis can be incorporated into automated build and test processes.

-The solution shall have outline-rapid navigation views -The solution shall provide content assist and real-time syntax checking -The solution shall provide smart indentation and highlighting -The solution shall provide for refactoring (for example, rename) agents -The solution shall have contextual hover information (for example, quick reference for COPY and INCLUDE statements) -The solution shall have hyperlink support for COBOL copybooks and include files -The solution shall provide sequence number support in COBOL editors -The solution shall have a modern JCL editor; JCL Template support; ability to open JCL Procedures from within JCL edit session

-The solution shall be able to refresh Copybook action when working with remote files -The solution shall be able to integrate with any Software Change Manager: Access and work with any Change Manager to manage source code -The solution shall provide for an SCLM Developer Toolkit: Access and work with source code managed by Software Configuration and Library Manager (SCLM).

-The solution shall have Enterprise Service Tools for CICS (including Service Component Architecture): Provide an integrated set of tools that support modern application architectures and the transformation and reuse of existing CICS application processes.

-The solution shall provide tools to support generation of web service descriptions and service flow processing artifacts directly to a z/OS system, including CICS TS and the CICS Service Flow Runtime.

-The solution shall have a BMS Screen Designer: Enables you to visually create and modify Basic Mapping Support (BMS) map sets. It is designed for CICS developers who are familiar with terminal-based tools (for example, SDF II) or GUI-based tools, such as the BMS editor included with VA COBOL.

-The solution shall have CICS Code Generators: Design tools and wizards which allow you to rapidly create CICS Transaction Server application code skeleton and logic from UML models or user-provided input, for example, using UML models or database schema definitions to generate CICS transactions which provide Create, Read, Update, and Delete interfaces to DB2 tables.

Enterprise Floating User Single Install for System z

FFP

BRAND NAME OR EQUAL

IBM Rational Developer for the Enterprise Floating User Single Install for System Z. Annual SW Subscription Support Renewal.

Part No: E0HNPLL.

Period of Performance: 1 November 2017 - 31 October 2018 FOB: Destination

MILSTRIP: M0009418RC00018

PURCHASE REQUEST NUMBER: M0009418RC00018

NET AMT

FFP

BRAND NAME OR EQUAL

IBM Rational Developer for the Enterprise Floating User Single Install for System Z. Annual SW Subscription Support Renewal.

Part No: E0HNPLL.

Period of Performance: 1 November 2018 - 31 October 2019 FOB: Destination

NET AMT

FFP

BRAND NAME OR EQUAL

IBM Rational Developer for the Enterprise Floating User Single Install for System Z. Annual SW Subscription Support Renewal.

Part No: E0HNPLL.

Period of Performance: 1 November 2019 - 31 October 2020

NET AMT

FFP

BRAND NAME OR EQUAL

IBM Rational Developer for the Enterprise Floating User Single Install for System Z. Annual SW Subscription Support Renewal.

Part No: E0HNPLL.

Period of Performance: 1 November 2020 - 31 October 2021

NET AMT

FFP

BRAND NAME OR EQUAL

IBM Rational Developer for the Enterprise Floating User Single Install for System Z. Annual SW Subscription Support Renewal.

Part No: E0HNPLL.

Period of Performance: 1 November 2021 - 31 October 2022

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-OCT-2018

JULENE KIRK

1500 E. BANNISTER RD

KANSAS CITY MO 64131

M00094

31-OCT-2019

M00094

31-OCT-2020

M00094

31-OCT-2021

M00094

31-OCT-2022

M00094

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Basis of Award - Lowest Price Technically Acceptable (LPTA) - Offers will be ranked lowest to highest according to price. The lowest price offer will be forwarded to the requiring activity for technical evaluation (offer will be deemed either technically acceptable or technically unacceptable). If the lowest price offer is found technically acceptable and its price is determined fair and reasonable by the Contracting Officer, evaluation will be deemed complete and award will be made based on the lowest price offer. If the lowest price offer is determined technically unacceptable, the next lowest price offer will be sent for technical evaluation and price analysis. This process is repeated in order of price until an offer is deemed technically acceptable and price is determined fair and reasonable. The actual evaluation template is incorporated into this solicitation for reference. The actual evaluation template is incorporated into this solicitation for reference.

TECHNICAL EVALUATION WORKSHEET FOR LOWEST PRICE TECHNICALLY ACCEPTABILITY DETERMINATION

TECHNICAL ACCEPTABILITY SECTION 1: ENTER COMPANY NAME - TBD

-The solution shall support multiple OS platforms.

-The solution shall support mutual certificate authentication.

-The solution shall be capable of encryption meeting the FIPS 140-2 standard.

-The solution shall be capable of bidirectional transmissions.

-The solution shall be accredited to run on USMC networks.

-The solution shall maintain processing logs, sufficient to support audit and statistical analysis.

-The solution shall be configurable to support different network configurations.

-The solution shall integrate with Apache Cordova tools for developing hybrid mobile applications

-The solution shall have an Integrated Debugger to support DB2® Stored Procedures; code coverage feature and use the Integrated Debugger technology, so additional prerequisite software is no longer required to take advantage of this functionality

-The solution shall provide zUnit unit testing framework enhanced with capabilities for more fully automating creation of COBOL test cases and test data

-The solution shall provide support for JSON in the Enterprise Service Tools (EST), simplifying the use of existing CICS® services by mobile applications

-The solution shall have the ability to deploy EGL Web and REST based applications to the Liberty Profile in CICS Translation Server V5.1

-The solution shall support EGL language annotations

-The solution shall support additional Dojo widget capabilities

-The solution shall support Extension Points and APIs

-The solution shall be able to target a variety of application servers, databases, and other middleware, but optimize for WebSphere Application Server and Liberty Profile (a simplified lightweight runtime for web and OSGi applications), WebSphere Portal Server, and IBM PureApplication® System.

-The solution shall provide an environment for development of Java™ EE, SOA, OSGi, Cloud, Web 2.0, Mobile Web, Hybrid Mobile, Portal, SCA, SIP, and Modern batch applications. In addition have code creation tools to support unit testing using embedded test servers, and provide problem determination and code analysis tools for assuring delivery of high-quality applications.

-The solution shall provide JEE6 support (EJB 3.1, JPA 2.0, JSF 2.0, and Servlet 3.0).

-The solution shall provide tools for developing OSGI applications.

-The solution shall provide tools for developing Modern Java batch applications.

-The solution shall provide diagrammatic tools for developing SOA solutions using Service Components Architecture (OASIS SCA 1.1).

-The solution shall have Service Mapping tools.

-The solution shall have an embedded WebSphere Application Server (including the Liberty profile) and WebSphere Portal Server test environments.

-The solution shall have tools for developing JAX-WS Web Services targeting Liberty server with core security.

-The solution shall have tools for targeting and installing user-defined Liberty Features.

-The solution shall integrate with the WebSphere adapter support for SAP, PeopleSoft, Siebel, Oracle E-Business Suite, JD Edwards, CICS, and IMS.

-The solution shall provide code review (static analysis) with predefined rules for coding guidelines and best practices, "Quick Fix" suggestions and an extensible framework that supports addition of custom rules.

-The solution shall have line-level-code coverage analysis: providing detailed information on what code paths were run during program execution and helps to ensure the proper test coverage. The results can be shared and used to gate code deliveries.

-The solution shall have run-time analysis tools including memory leak detection, thread lock detection, user defined probes, and performance analysis.

-The solution shall have control flow diagrams for COBOL programs: A graphical representation of the program flow with links to the underlying source and zoom in-out capability

-The solution shall provide for data element table showing all the data elements for a given COBOL program being edited and its dependent copy books or include files

-The solution shall show open called programs from within COBOL source

-The solution shall provide "Program scope static analysis" for identifying and highlighting potentially unreachable code.

-The solution shall general static analysis that inspects code for compliance with rules and best practices.

-The solution shall include predefined rules and templates for COBOL applications, and a framework with support for building your own custom rules. Code review results can be viewed interactively in the Software Analyzer results view or through generated reports in HTML, PDF, CSV, or XML formats.

-The solution shall have an integrated interactive debugger: Built on an architecture that uses very little System z resource and enables step debugging across complex solutions implemented in multiple languages or deployed to multiple platforms.

-The solution shall provide for headless static code review: This enables static analysis to be performed in zero-GUI ("headless") mode, so analysis can be incorporated into automated build and test processes.

-The solution shall have line level code coverage: Providing tools to measure and report on test coverage of an application, indicating what source code lines were tested and which lines remain to be tested.

-The solution shall have headless LL code coverage: This enables coverage analysis to be performed in zero-GUI ("headless") mode, so analysis can be incorporated into automated build and test processes.

-The solution shall have outline-rapid navigation views

-The solution shall provide content assist and real-time syntax checking

-The solution shall provide smart indentation and highlighting

-The solution shall provide for refactoring (for example, rename) agents

-The solution shall have contextual hover information (for example, quick reference for COPY and INCLUDE statements)

-The solution shall have hyperlink support for COBOL copybooks and include files

-The solution shall provide sequence number support in COBOL editors

-The solution shall have a modern JCL editor; JCL Template support; ability to open JCL Procedures from within JCL edit session

-The solution shall be able to refresh Copybook action when working with remote files

-The solution shall be able to integrate with any Software Change Manager: Access and work with any Change Manager to manage source code

-The solution shall provide for an SCLM Developer Toolkit: Access and work with source code managed by Software Configuration and Library Manager (SCLM).

-The solution shall have Enterprise Service Tools for CICS (including Service Component Architecture): Provide an integrated set of tools that support modern application architectures and the transformation and reuse of existing CICS application processes.

-The solution shall provide tools to support generation of web service descriptions and service flow processing artifacts directly to a z/OS system, including CICS TS and the CICS Service Flow Runtime.

-The solution shall have a BMS Screen Designer: Enables you to visually create and modify Basic Mapping Support (BMS) map sets. It is designed for CICS developers who are familiar with terminal-based tools (for example, SDF II) or GUI-based tools, such as the BMS editor included with VA COBOL.

-The solution shall have CICS Code Generators: Design tools and wizards which allow you to rapidly create CICS Transaction Server application code skeleton and logic from UML models or user-provided input, for example, using UML models or database schema definitions to generate CICS transactions which provide Create, Read, Update, and Delete interfaces to DB2 tables.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

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

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

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

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

“Civil judgment” means--

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

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

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

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

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

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

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

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

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

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

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

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

(b)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business…