D1_M6845019QA0024.doc

Combined Synopsis/Solicitation

RFQ – Furnishing Satellite Management Services M68450Q19A0024 Purchasing Agency:

Expeditionary Contracting Office

P.O. Box 55607, BLDG 140127

Camp Pendleton CA 92055-5607 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation is issued as a request for quotation IAW FAR Part 12 and 13. Submit written quotes in reference to Request for Quote (RFQ) reference number M68450Q19A0024.

This requirement is being solicited as sole source to Viasat with a short solicitation period. The NAICS code for this requirement is 517410 with a size standard of $32.5M.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-101 Effective 26 Sep 18. Defense Federal Acquisition Regulation DPN 20180928, Effective 26 Oct 18.

*** To be considered for award, note that the offeror must be actively registered with the US Government database System for Award Management (SAM). Vendors must be registered and/or enrolled in Wide Area Workflow (WAWF) for purpose of invoice/payment if awarded the contract. Please note WAWF is the ONLY ACCEPTABLE means of invoicing for payment and that no advance payments will be made. Vendors must provide their DUNS number, CAGE code, and confirmation of their registration in WAWF along with the quote. *** Questions and Answers: Email all questions to erick.abercrombie@usmc.mil. DO NOT contact any other government employees/personnel as this will only delay receipt of answers. Early submittal of questions is preferred in order to obtain the most accurate and complete answers. The Government is not offering commercial contract financing terms IAW FAR 32 for this acquisition. Email questions on or before 3:00 P.M. Pacific Standard Time on 09 December 2018. Response to questions will be provided by 2:00 P.M. Pacific Standard Time on 09 December 2018.

Electronic quotes are due at or before Monday, December 10, 2018 at 16:00 P.M. Pacific Standard Time, E-MAIL is the only acceptable means of submittal. Please E-mail quote to: Capt Abercrombie, Erick at Erick.abercrombie@usmc.mil Attention VIASAT. Faxes will NOT be accepted. Reminder this is a RFQ. A full proposal is not necessary however any and all information will be accepted.

Note: Due to the firewall at Camp Pendleton, please be advised that it is the Quoter’s responsibility to ensure all electronic submittals of questions are received by the Contracting Officer in the timeframe given above.

Contracting points of contact:

Captain Erick Abercrombie, Contracting Officer, (760) 763-9842 or email: erick.abercrombie@usmc.mil

SCHEDULE OF SUPPLIES/SERVICES

Contractor is authorized to submit monthly invoices.

Services rendered for less than one month will be billed at a prorated amount.

Period of Performance: The base period of performance shall be 2 months, starting on the date of award. Estimated award date is 12 December, 2018.

PERFORMANCE WORK STATEMENT

VIASAT MMT HCKa Service SPMAGTF-7

1.1 GENERAL

1.2 Introduction

Contractor shall provide VIASAT MMT hardware, satellite bandwidth at 15 Mbps download/5 Mbps upload speeds, and commercial internet service 24 hours per day, 7 days per week along with service support to SPMAGTF 7 supporting Operation BORDER SUPPORT.

1.3 Objectives

The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to provide commercial internet service and support.

1.4 General Information

The Procuring Contracting Officer (PCO) or Administrative Contracting Officer (ACO) is the only person authorized to direct changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere, said authority remains solely in the PCO/ACO. In the event the Contractor affects any such change at the direction of any person other than the PCO/ACO, implementation of such change will be considered made without authority and the Contractor shall bear financial responsibility for the change.

The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise, other than the PCO/ACO.

2.1 SCOPE

The Government requires the equipment to be provided for each terminal and shall be evaluated every month along with the service plans as detailed in paragraph 4.1.1 (Services Plans) below.

3.1 Service Plan

The service plan provides up to 5 Mbps on the Return Link and up to 15 Mbps on the Forward Link. The service plan pricing assumes typical data consumption of 100 GB per terminal per month.

3.2 Hardware and Refresh Requirements

All equipment will be provided at the initial activation of service and will be refreshed monthly, as required. Hardware will be included in the monthly service fee.

3.3 Permits & License

Without additional cost to the U.S. Government, the Contractor/service provider will obtain all permits, licenses, and appointments required for the work under this contract. The contractor/service provider will obtain these permits, licenses, and appointments in compliance with all applicable federal, state and local laws and kept current during the entire contract period.

The performance metric for paragraph 3.1 is within Appendix 1.

4.1 SERVICE PLANS

4.2 General

1. The service plan pricing is a monthly service plan and assumes three (3) months of CONUS service for the three (3) MMT’s to commence on the date of award through January 2019, with the option to renew on a month to month basis for two months.

2. The service plan provides up to 5 Mbps on the Return Link and up to 15 Mbps on the Forward Link.

5.1 QUALITY OF SERVICE

The Contractor shall notify the COR as soon as possible, but within at least seven (7) days, of any planned or scheduled maintenance to the telecommunication system that may interrupt service.

The performance metric for paragraph 5.1 is within Appendix 1.

5.2 Quality Control

The service provider should implement a Quality Control Plan, as provided to commercial customers. Should no existing quality control plan be in place, the contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with PWS and approved by the Contracting Officer’s Representative (COR).

The Contractor shall develop and implement procedures to identify, prevent, and ensure non‐recurrence of defective services. At a minimum, the contractor shall develop quality control procedures that address the areas identified in the Appendix 1, Titled “Performance Requirements Summary (PRS) Table”. Any revisions will be requested in writing by the authorized representative. The review, approval and acceptance, of the Quality Control Plan or revised plan will be in writing.

5.3 Quality Assurance

The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan.

6.1 CUSTOMER SERVICE

Contractor shall provide the name and contact information (including phone and e‐mail address) for the Service Provider Accounts Manager as well as alternative POCs that may be used in the event the Accounts Manager is unavailable. The Service Provider Accounts Manager as well as alternative must communicate fluently in English. The Contractor shall provide customer service to Government subscribers in support of service issues, using Customer Service Representatives (CSRs) specifically familiar with Government requirements and the details of this agreement and must be able to read, write, speak, and understand English fluently. CSRs shall be responsible for resolution of ordering, service, billing, technical-warranty and payment issues.

The performance metric for paragraph 6.1 is within Appendix 1.

7.1 CONTRACT DATA REQUIREMENTS (CDRLs)

1. Emergency Disruption of Service Plan, paragraph 6.0.

2. Quality Control Plan, paragraph 6.1.

Appendix 1 This Performance Requirements Summary table is in accordance with the Quality Assurance Surveillance Plan

24 hour customer service support. Service Provider to provide an Account Manager and CSR

Appendix 2

LIST OF ACRONYMS AND ABBREVIATIONS

ACO – Administrative Contracting Officer

AOR – Area of Responsibility

CLIN – Contract Line Item Number

COR – Contracting Officer’s Representative

CSR – Customer Service Representative

ID – Identification

NLT – No Later Than

PC – Personal Computer

PCMIA – Personal Computer Manufacturer Interface Adaptor

PCO – Procuring Contracting Officer

POC – Point of Contact

PRS – Performance Requirements Summary

PWS – Performance Work Statement

QTY – Quantity

SBU – Sensitive But Unclassified

WAWF – Wide Area Work Flow

PROVISIONS AND CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management

52.204-13 System for Award Management Maintenance

52.204-16 Commercial and Government Entity Code Reporting

52.204-18 Commercial and Government Entity Code Maintenance

52.216-20 Definite Quantity

52.216-21 Requirements--Alternate I

52.216-21 Requirements--Alternate III

52.216-27 Single or Multiple Awards

52.217-3 Evaluation Exclusive of Options

52.217-4 Evaluation of Options Exercised at Time of Contract Award

52.217-5 Evaluation of Options

52.217-8 Option to Extend Services

52.219-28 Post-Award Small Business Program Rerepresentation

52.222-17 Nondisplacement of Qualified Workers

52.222-26 Equal Opportunity

52.223-1 Biobased Product Certification

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

52.223-4 Recovered Material Certification

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts.

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

ADDENDUM TO FAR PROVISION 52.212-1

INSTRUCTIONS TO OFFERORS FOR RFQ M68450-19-Q-A0024

1. Offerors shall submit only one (1) offer in response to this RFQ. Therefore, the Offeror’s submission should demonstrate the optimal capability in response to the requirements. Offers for the services to be provided shall be electronically submitted by e-mail received by 10:00 AM PACIFIC STANDARD TIME (PST), 10 December 2018:

Captain Erick Abercrombie

SPMAGTF 7 Command Element

Expeditionary Contracting Office

P.O. Box 55607, BLDG 140127

Commercial Line: 760-763-9842

Email: Erick.abercrombie@usmc.mil

Email: jonathan.n.sanchez@usmc.mil

Offerors are advised that proposals sent by conventional US Mail service are not routed directly to the above address. Therefore, the possibility that a proposal will not comply with the stated closing date/time exists; in such case the proposal will be considered a “late submission.” Offerors who choose to send their submission via the US Postal Service (USPS) should address their proposals to the address specified in Box # 9 on Page 1 of this solicitation. The physical address specified above should be utilized for delivery in person and mailing by an express mail service such as Fedex and UPS.

All questions shall be submitted, in writing via e-mail, to Capt Erick Abercrombie at erick.abercrombie@usmc.mil by 3:00 PM Pacific Standard Time, 8 December 2018. The Government does not anticipate extending the due date for receipt of proposals, therefore, review the RFQ and these instructions thoroughly so all of your concerns/questions can be addressed.

2. Offerors shall submit the following with their proposal:

(a) RFQ – M68450-19-Q-A0024. A completed and signed copy of the solicitation indicating agreement to the provisions and clauses therein. Each offeror shall also provide a price breakdown of the proposed price for the services required.

(b) A completed Offeror Representations and Certifications (52.212-3). An offeror shall complete only paragraph (j) of FAR 52.212-3 Offeror Representations and Certifications – Commercial Items Alternate I if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certificates electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(c) The contractor shall provide technical capabilities information to include literature and/or pictures that state the capabilities of the equipment being offered for evaluation. Technical information can consist of pamphlets, catalogues, brochures, booklet and or any other information that can be used to determine capability of the product being offered.

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 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:

The offers will be evaluated using (FAR 15.101-2) Lowest Price Technically Acceptable.

The basis for award is Lowest Price Technically Acceptable (LPTA). The apparent successful Offeror shall have satisfactory past performance (i.e. a rating of Acceptable). This procurement is being conducted under FAR Part 12 and 13 procedures. Past performance shall be used as an evaluation factor within the LPTA process.

In order to be considered awardable, there must be an “acceptable” rating in every non-price factor. LPTA non-price factors include the following:

(i) Technical: The contractor must address each specification and each deliverable

Technical Acceptability is defined as meeting or exceeding all specifications listed in the solicitation. The term “technical,” as used herein, refers to non-price factors other than past performance.

(ii) Price; price will be evaluated based on the lowest evaluated price meeting or exceeding the technical capability. Offerors shall be ranked in order of the lowest price to highest price. The lowest price offeror shall be evaluated first if that offer is deemed technically acceptable; no other offers will be evaluated. All offered pricing shall be in USD, with a maximum of two (2) decimal points. Pricing will be an aggregate of all CLINs.

(iii) Past Performance; Past Performance Information. The Government will conduct a performance risk assessment of the offeror's record of past and current performance, as well as that of its proposed subcontractors and team members, in order to assess the probability of successful performance of the solicitation requirements. Offeror's shall submit no more than three past performance references that are both recent (within three years) and relevant (similar requirements). The past performance evaluation will consider the offeror's demonstrated recent (within the past three years) and relevant (providing the items identified in the schedule) record of performance in supplying services that meet the solicitation's requirements. Offerors are advised that in conducting the past performance assessment, the government may use data provided in the Offeror's proposal and data obtained from other sources.

Past performance will be rated on an "acceptable" or "unacceptable" basis in accordance with the below table.

Past Performance Evaluation Ratings

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" shall be considered "acceptable."

(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…