M67861-18-Q-0012.docx

M6786118Q0012

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

STATEMENT OF WORK

1. SCOPE

a. This SOW covers the lease of heavy equipment, and all associated training, transportation, and maintenance of the equipment in support of the Innovative Readiness Training airfield expansion project in Old Harbor, AK from April 14 to July 14, 2018.

2. GENERAL DESCRIPTION

a. This Statement of Work (SOW) details the lease of heavy equipment, and all associated training, transportation, and maintenance of the equipment in support of the Innovative Readiness Training airfield expansion project in Old Harbor, AK from April 14 – July 14, 2018.

b. Equipment being leased are as follows:

Oils and Filters: Provide all oils and filters for 440 hours of total gear time

3. LEASE PERIOD OF PERFORMANCE

See paragraph 6 for required delivery dates of equipment.

4. ROUTINE SCHEDULED PREVENTIVE MAINTENANCE ACTIONS REQUIRED

a. No scheduled maintenance will be required on the equipment. All daily and scheduled (hourly preventative maintenance) will be done by service members on site. Any catastrophic maintenance needs will be handled as they occur. Vendor should plan for approximately 8 operating hours a day for a total of 440 operating hours on each piece of equipment throughout the project.

5. UNSCHEDULED REPAIR MAINTENANCE ACTIONS REQUIRED

c. The Vendor shall be required to be on site within 72 hours of notification of award of a contract modification to perform all unscheduled maintenance. Any work performed by the Vendor outside these parameters is not authorized and will not be paid by the Government.

d. Any non-maintenance related damage to the equipment, which will include but not be limited to, Body Panel Damage, Broken Glass, and Broken Mirrors, will be paid for by the government, under this contract. Pre-Rent pictures of the machines that will be used for this contract will be taken by the contractor or on-site contracting officer prior to the start of work.

6. TRANSPORTATION OF EQUIPMENT

a. Vendor shall deliver the leased equipment to the project site in Old Harbor, AK on April 14, 2018 and pick up all leased equipment from the same site on July 14, 2018. Early Arrival and Late departure because of inclement weather will be allowed.

7. TRAINING

a. Vendor shall provide a training syllabus to include how to properly change out attachments for the leased equipment, safe operating of equipment, and warning indicators to look for throughout operations.

b. Vendor shall send a representative to Old Harbor with the leased equipment to provide initial training on all equipment.

8. Point of contact for this matter is the IRT Old Harbor Project Coordinator, TBD

9. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

a. Contracting Officer’s Representative (COR): The COR/technical point of contact (TPOC) for this contract is [enter TBD in solicitations / enter CORs name in awards] and can be reached via email at [enter TBD in solicitations / enter CORs email address and phone number in awards]. The COR is not authorized to make any changes to this contract. Only a warranted Contracting Officer (CO) is authorized to make changes to this contract. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase incurred as a result thereof.

b. Contractor Support: The contractor should designate a single point of contact with complete authority to make decisions on all technical matters connected with this purchase. That individual will be the single point of contact with whom the Contracting Officer’s Representative may interact for all support requests outlined in the Statement of Work (SOW) or Performance Work Statement (PWS) included in this solicitation.

10. ONSITE SUPPORT

The contractor shall designate an individual as the on-site manager with complete authority to make decisions on all technical matters connected with this purchase. That individual will be the single point of contact onsite with whom the onsite Contracting Officer’s Representative may interact for all emergent requirements; feedback and corrective actions needed seven day per week, 24 hour per day. This person will remain onsite for the duration of the project, and costs associated with his/her stay will be added to the cost of performing the contract...

11. INJURY/ACCIDENT AND LABOR HOURS REPORTING

SAFETY GUIDANCE

Contractors should adhere to all relevant safety guidance, including (but not limited to):

(a) EM 385-1-1 – U.S. Army Corps of Engineers Safety and Health Requirements Manual

(b) OPNAVINST 5100.23 (series), Navy Occupational Health and Safety Program Manual

(c) MCO 5100.29 (series), Marine Corps Safety Program

(d) MCO 5100.8, Marine Corps Occupational Safety and Health (OSH) Policy Order

(e) NAVMC DIR 5100.8, MARCOR OSH Program Manual

Contracting Officer’s Representatives should immediately report accidents/injuries sustained during contract performance to the Contracting Officer so that the Contracting Officer may report said accidents/injuries to responsible agency safety officials.

Contractor Manpower Reporting Application:

Pursuant to 5237.102-90, the contractor should report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [Enter Requiring Activity Here] via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

1. W, Lease/Rental of Equipment;

1. X, Lease/Rental of Facilities;

1. Y, Construction of Structures and Facilities;

1. D, Automatic Data Processing and Telecommunications, IT and Telecom-Telecommunications Transmission (D304) and Internet (D322) ONLY;

1. S, Utilities ONLY;

1. V, Freight and Shipping ONLY.

The Contractor is required to fill in all required data fields using the following web address www.ecmra..mil

Reporting inputs should be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data should be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at www.ecmra..mil

SALIENT CHARACTERISTICS

Equipment will operate for 40 hours a week for 77 days. Total hours on gear will be 440 hours or less.

(2) CS74B or equivalent compactor Horse Power: 155hp (+/- 15hp) Weight at Drum: 18,000 lbs (+/- 3,000 lbs) Drum Width: 84” (+/- 4”) Centrifugal Force: 65,000 lbs (no less than 60,000 lbs) Drum Type: Single Smooth Drum Roller Tracked or Rubber Tire: Tires & Drums Fuel Type: Diesel Age of Equipment: No more than 3,000 operating hours

(1) D9 Dozer w/Ripper or equivalent heavy bulldozer Horse Power: 425 hp (+/- 50 hp) Operating Weight: No less than 90,000 lbs (delivered with blade installed) Blade Type: Semi-U Blade Blade SAW Capacity: No less than 16 cu. Yd.

Attachments: Rear Parallelogram Ripper with hydraulic pitch adjustment Ripper Spec: Single Shank Tracked or Rubber Tire: Tracked Fuel Type: Diesel Age of Equipment: No more than 3,000 operating hours

(1) 470G or equivalent large excavator w/ Horse Power: 370 hp (+/- 25 hp) Operating Weight: 110,000 lbs (+/- 2,000 lbs) Reach Length (Horizontal): 44’ (+/- 2’) Bucket Capacity: 5 cu yd (+/- 3 cu yd) Tracked or Rubber Tire: Tracked Fuel Type: Diesel Attachment Model: (2) Buckets (1) w/ teeth (1) slick for cleaning area Age of Equipment: No more than 2,000 operating hours

(1) Kenworth T370 w/ Water Tanker or equivalent water truck w/ Horse Power: 300 hp (+/- 25 hp) Operating Weight: 65,000 lbs (+/- 2,000 lbs) Water Capacity: 4,000 gal (+/- 500 gal) Tracked or Rubber Tire: Tire Fuel Type: Diesel Water Pump Capability: Centrifugal frame mounted 3”x4” pump Water Spray Capacity: 2 rear, 2 front, 1 side Age of Equipment: No more than 2,000 operating hours

Oils and Filters Please provide all oils and filters for 440 hours of total gear time

Maintenance No scheduled maintenance will be required on the equipment. All daily and scheduled (hourly preventative maintenance) will be done by service members on site. Any catastrophic maintenance needs will be handled as they occur.

PREVENTATIVE MAINTENANCE

PREVENTATIVE MAINTENANCE SCHEDULE

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 lease of (2) CS74B, (1) D9 Dozer w/Ripper, (1) Cat 470G Excavator and (1) Kenworth T370 w/ Water Tanker..

QUOTATION INSTRUCTIONS

8Quotations/bids/attachments should be submitted as a pdf document via email to marcus.pfister@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 agencies 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. The Technical Evaluation Template that will be used to evaluate the LPTA bid is incorporated herein for Contractor awareness only. See FAR 52.212-2 herein for technical evaluation procedures.

11 The Government will accept All Offers.

12 The Government will consider brand name or equal bids.

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 marcus.pfister@usmc.mil.

16 In the event only one offer is received in response to this solicitation the Government may request a detailed cost break-out of your quote for the purposes of comparisons in determining fair and reasonability of your quoted prices in accordance with DFARS 252.215-7008 herein.

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 on an all or none basis or on a multiple award basis. If a partial award will not be accepted, so state on the face of your bid.

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.

29 Supply product descriptive literature or certification statement that the proposed product or service meets all salient characteristics listed in this solicitation and the Technical Evaluation Template provided with the solicitation.

33 Brand Name or Equal Bids: All responses to this solicitation should indicate whether the firm is offering a ‘brand name manufacturer's products’ or ‘equal products.’ Descriptive literature is required with all quotes. Firms should submit sufficient descriptive literature to permit the contracting agency to assess whether the product proposed meets all the salient characteristics specified in the solicitation in accordance to the Lowest Priced Technically Acceptable Template included/attached to this solicitation. Firms offering "equal" items should provide the make, model, description of the items. 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.

42 Basis of Multiple Award - Lowest Price Technically Acceptable (LPTA) - Offers will be ranked lowest to highest according to price. A price analysis will be conducted to determine whether the lowest price will result from a single award or multiple awards. Based on the price analysis, the lowest price offer or multiple offers, will be forwarded to the requiring activity for technical evaluation (offer(s) will be deemed either technically acceptable or technically unacceptable). If the lowest price offer or offers is found technically acceptable and the pricing determined fair and reasonable by the Contracting Officer, evaluation will be deemed complete and award will be made based on the lowest price offer(s). If the lowest price offer is determined technically unacceptable, another analysis will be conducted amongst the remaining offers to determine if a single or multiple awards will provide the lowest price. The lowest price offer(s) will be sent for technical evaluation. This process is repeated in order of price until an offer or combination of offers is deemed technically acceptable and price is determined fair and reasonable. 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 [This Section is Required for LPTA Supplies without a SOW]

Salient Characteristics or SOW/PWS Tasks [List Solicitation Salient Characteristics or SOW/PWS Tasks in this Column]

(2) CS74B or equivalent compactor Horse Power: 155hp (+/- 15hp) Weight at Drum: 18,000 lbs (+/- 3,000 lbs) Drum Width: 84” (+/- 4”) Centrifugal Force: 65,000 lbs (no less than 60,000 lbs) Drum Type: Single Smooth Drum Roller Tracked or Rubber Tire: Tires & Drums Fuel Type: Diesel Age of Equipment: No more than 3,000 operating hours

(1) D9 Dozer w/Ripper or equivalent heavy bulldozer Horse Power: 425 hp (+/- 50 hp) Operating Weight: No less than 90,000 lbs (delivered with blade installed) Blade Type: Semi-U Blade Blade SAW Capacity: No less than 16 cu. Yd.

Attachments: Rear Parallelogram Ripper with hydraulic pitch adjustment Ripper Spec: Single Shank Tracked or Rubber Tire: Tracked Fuel Type: Diesel Age of Equipment: No more than 3,000 operating hours

(1) 470G or equivalent large excavator w/ Horse Power: 370 hp (+/- 25 hp) Operating Weight: 110,000 lbs (+/- 2,000 lbs) Reach Length (Horizontal): 44’ (+/- 2’) Bucket Capacity: 5 cu yd (+/- 3 cu yd) Tracked or Rubber Tire: Tracked Fuel Type: Diesel Attachment Model: (2) Buckets (1) w/ teeth (1) slick for cleaning area

(1) Kenworth T370 w/ Water Tanker or equivalent water truck w/ Horse Power: 300 hp (+/- 25 hp) Operating Weight: 65,000 lbs (+/- 2,000 lbs) Water Capacity: 4,000 gal (+/- 500 gal) Tracked or Rubber Tire: Tire Fuel Type: Diesel Water Pump Capability: Centrifugal frame mounted 3”x4” pump Water Spray Capacity: 2 rear, 2 front, 1 side

Oils and Filters Please provide all oils and filters for 440 hours of total gear time

45 Complete the Following Clauses/Attachments/Table/Etc Bidders should complete the following provision/clause listed in this solicitation: FAR 52.204-20, 52.209-2, and 52.209-11. FAR clauses can be completed manually within this solicitation or printed and completed manually by copying and pasting provision/clause from this link: http://farsite.hill.af.mil/VFFARA.HTM).

47Assignment of Claims – Potential bidders that may need an Assignment of Claims as described in FAR 32.8 (copy/paste link into web browser: http://farsite.hill.af.mil/VFFARA.HTM) should include a statement on bid that "Assignment of Claims is required if selected for award." Assignment of Claims will not be used as an evaluation factor for award. However, all Assignment of Claims documentation should be submitted with bid or provided BEFORE accepting award for Contracting Officer determination. The Government reserves the right to disapprove a request for Assignment of Claims; vendor will be advised of disapproval prior to drafting of award so vendor may determine if it can still fulfill the contractual requirement without an Assignment of Claims. If request for Assignment of Claims is not included in bid or required documentation is not provided PRIOR to Contractor acceptance of award, the Contracting Officer may reject request for Assignment of Claims and award to the next qualified offeror.

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.

(2) Compactor

FFP

(2) CS74B or equal See Salient Characteristics for Equal herein.

FOB: Destination

NET AMT

Dozer w/ Ripper

D9 Dozer w/ Ripper or Equal

NET AMT

Excavator

470G Excavator or Equal

NET AMT

Water Tanker

Kenworth T370 with Water Tanker or Equal

NET AMT

FFP

Unscheduled Maintenance in accordance with SOW Paragraph 5.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

14-JUL-2018

CLINT HUNT

100 MARINE WAY

OLD HARBOR AK 99643

M00048

14-JUL-2018

M00048

14-JUL-2018

M00048

14-JUL-2018

M00048

14-JUL-2018

M00048

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

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.

52.212-2 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:

42 Basis of Multiple Award - Lowest Price Technically Acceptable (LPTA) - Offers will be ranked lowest to highest according to price. A price analysis will be conducted to determine whether the lowest price will result from a single award or multiple awards. Based on the price analysis, the lowest price offer or multiple offers, will be forwarded to the requiring activity for technical evaluation (offer(s) will be deemed either technically acceptable or technically unacceptable). If the lowest price offer or offers is found technically acceptable and the pricing determined fair and reasonable by the Contracting Officer, evaluation will be deemed complete and award will be made based on the lowest price offer(s). If the lowest price offer is determined technically unacceptable, another analysis will be conducted amongst the remaining offers to determine if a single or multiple awards will provide the lowest price. The lowest price offer(s) will be sent for technical evaluation. This process is repeated in order of price until an offer or combination of offers is deemed technically acceptable and price is determined fair and reasonable. The actual evaluation template is incorporated into this solicitation for reference.

(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.

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…