N00174-17-R-0018.docx

N00174-17-R-0018

Section SF 1449 - CONTINUATION SHEET

Kick Off Meeting Kick Off Meeting IAW Section 2.1 of the Performance Work Statement

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Performance and Preventative Maintenance Performance Mainenance Checks and Preventative Maintenance IAW with Sections 3.0 and 4.0 of the Performance Work Statement

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Remedial Maintenance Remedial Maintenance IAW Section 5.0 of the Performance Work Statement

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Consumables Consumables IAW Section 6.0 of the Performance Work Statement

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Data Data IAW CDRLs A001-A003 (DD Form 1423)

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Performance and Preventative Maintenance IAW Sections 3.0 and 4.0 of the Performance Work Statement - Option Year I

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Redial Maintenance IAW Section 5.0 of the Performance Work Statement - Option Year I

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Consumables IAW Section 6.0 of the Performance Work Statement - Option Year I

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Data IAW CDRLs A001-A003 (DD Form 1423) - Option Year I

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Performance and Preventative Maintenance IAW Sections 3.0 and 4.0 of the Performance Work Statement - Option Year II

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Redial Maintenance IAW Section 5.0 of the Performance Work Statement - Option Year II

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Consumables IAW Section 6.0 of the Performance Work Statement - Option Year II

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Data IAW CDRLs A001-A003 (DD Form 1423) - Option Year II

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Performance and Preventative Maintenance IAW Sections 3.0 and 4.0 of the Performance Work Statement - Option Year III

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Remedial Maintenance IAW Section 5.0 of the Performance Work Statement - Option Year III

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Consumables IAW Section 6.0 of the Performance Work Statement - Option Year III

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Data IAW CDRLs A001-A003 (DD Form 1423) - Option Year III

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Performance and Preventative Maintenance IAW Sections 3.0 and 4.0 of the Performance Work Statement - Option Year IV

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Remedial Maintenance IAW Section 5.0 of the Performance Work Statement - Option Year IV

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Consumables IAW Section 6.0 of the Performance Work Statement - Option Year IV

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Data IAW CDRLs A001-A003 (DD Form 1423) - Option Year IV

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PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

MACHINE MAINTENANCE AND CALIBRATION ANALYSIS

1.0 INTRODUCTION

The requiring activity is the Naval Surface Warfare Center Indian Head Explosive Ordnance Disposal Technology Division (NSWC IHEODTD), Indian Head, Maryland. NSWC IHEODTD currently requires a firm, fixed price contract for preventative and remedial maintenance and calibration analysis for machine tools/equipment located in Building 2100 and 2015, 2008 Stump Neck Road, Indian Head, Maryland and Building 268, 3767 Strauss Ave, Indian Head, Maryland.

2.0 DESCRIPTION OF SERVICES

The contractor shall provide all trained personnel, transportation, equipment, parts, tools, materials, supervision and all other items and services necessary to maintain machines and equipment in buildings/areas as defined in this PWS at NSWC IHEODTD. The contractor shall perform to industry standards with maximum use of currently installed machines while mitigating unscheduled downtime. All residues shall be removed and the work site cleaned at the completion of the task. Standard industry practices for maintenance and calibration analysis for each of the machine tools / equipment shall apply.

Machines and equipment to be maintained under this contract are listed in Table 1 through Table 3.

Table 1: List of Machine Shop Equipment for Maintenance and Calibration in Building 2100 Building 2100

Table 2: List of Machine Shop Equipment for Maintenance and Calibration in Building 2015 Building 2015

Table 3: List of Machine Shop Equipment for Maintenance and Calibration in Building 268 Building 268

2.1 KICK-OFF MEETING

The contractor shall host a joint Government/Contractor kickoff meeting within 30 days after contract award. The meeting will take place at Building 268, 3767 Strauss Avenue, Indian Head, MD 20640-5150. The anticipated meeting objectives shall include a meeting between key personnel, team introduction, and general program discussions. The contractor shall document meeting minutes for Government review and approval within 10 business days from the completion of the meeting. (CDRL A001)

3.0 PERFORMANCE MAINTENANCE CHECKS

The contractor shall perform at a minimum annual performance maintenance checks in accordance with the original equipment manufacturer (OEM) procedures to assure continued uptime and machine reliability. Initial maintenance checks shall be conducted within 60 days after contract award and all subsequent checks shall be conducted annually or per the request of the Contracting Officer Representative (COR). The contractor shall coordinate with the COR at least 14 working days prior to performing maintenance checks to ensure base passes have been established for technicians. Comprehensive checks shall be made on all machines by trained technicians. The contractor shall provide yearly checks in accordance with OEM procedures, to include ball bar calibration, for each applicable machine.

Maintenance checks shall include all equipment listed in Table 4 through Table 6.

Table 4: List of Machine Shop Equipment for Performance Maintenance Checks in Building 2100 Building 2100

Table 5: List of Machine Shop Equipment for Performance Maintenance Checks in Building 2015 Building 2015

Table 6: List of Machine Shop Equipment for Performance Maintenance Checks in Building 268 Building 268

4.0 PREVENTATIVE MAINTENANCE (PM)

The contractor shall schedule and perform annual Preventative Maintenance Inspections (PMIs). The initial PMI shall be conducted within 60 days after contract award. The contractor shall coordinate with the COR at least 14 working days prior to PMI. PMIs shall include visual and operational checks of all components, lubrication, engineering change notices, check, adjust, repair, replace electrical components/controls; clean interiors; and test equipment for proper operations in accordance with the OEMs procedures. The contractor shall provide all parts necessary to replace defective parts and materials and ensure machines are functioning in good operating condition.

Work performed shall include Comprehensive Calibration Analysis and Maintenance where needed to keep the machines(s) in accordance with OEM specifications. The contractor is not required to replace parts for aesthetic purposes.

Equipment shall be maintained in accordance with the manufacturer’s specification by factory-trained technicians. All parts used in the repair of equipment must be OEM equipment or equivalent.

The contractor shall perform calibration services during annual preventative maintenance in accordance with industry standards, which shall include a complete visual and operation check of all components. The contractor shall certify system output which entails inspection and services in accordance with OEM specifications. (CDRL A002)

Preventative maintenance shall be conducted on all of the machines listed in Table 7 through Table 9.

Table 7: List of Machine Shop Equipment for Preventative Maintenance in Building 2100 Building 2100

Table 8: List of Machine Shop Equipment for Preventative Maintenance in Building 2015 Building 2015

Table 9: List of Machine Shop Equipment for Preventative Maintenance in Building 268 Building 268

5.0 REMEDIAL MAINTENANCE

The contractor shall provide remedial maintenance and repair upon notification that the equipment is inoperative. Remedial maintenance CLINs are priced as a not-to-exceed type CLIN to allow the flexibility for repairs to be conducted as needed throughout the year. Remedial maintenance is performed and billed by the contractor as repairs are required and needed. Upon receiving notification from the COR or technical point of contact (TPOC) that equipment repair is necessary, the contractor shall provide the COR with a repair estimate.

The equipment shall be repaired and maintained in accordance with OEM specification.

The contractor shall respond on site within four work days after notification by the COR. In the case of an “Urgent” request, identified by the COR, the contractor shall respond on site no later than two work days after notification.

a) Downtime will begin when the COR contacts the contractor’s representative, including answering services or by e-mail during working hours.

b) Contractor shall establish a service call ticket to include date and time that the service call was received with the name and phone number of requestor.

Equipment shall be fully operational and serviceable after completion of each service call. Prior to leaving the area, the contractor shall demonstrate to the COR, TPOC, or designated alternative that the equipment is operational. After maintenance and repairs have been completed, the COR, TPOC, or designated alternate will certify that the equipment performs to OEM standards and sign the service call ticket.

a) Any disputes between the maintenance technician and the COR, TPOC, or designated alternate regarding satisfactory performance will be immediately referred to the Contracting Officer.

All remedial maintenance and repairs shall carry the standard commercial warranty from the time of repair.

The contractor shall notify the COR when contract determines repair of a machine would exceed the replacement cost of the same or comparable machine. The contractor shall not be expected to perform the repair in the event that repair costs exceed the cost of replacement; unless instructed to do so by the Contracting Officer, or authorized designee.

Remedial maintenance shall include the equipment listed in Table 10 through Table 12:

Table 10: List of Machine Shop Equipment for Remedial Maintenance in Building 2100 Building 2100

Table 11: List of Machine Shop Equipment for Remedial Maintenance in Building 2015 Building 2015

Table 12: List of Machine Shop Equipment for Remedial Maintenance in Building 268 Building 268

6.0 CONSUMABLES

The contractor shall provide maintenance consumables for all relevant equipment on an as-needed basis and as part of remedial and preventative maintenance. Maintenance consumables shall be provided within 10 days of the contractor receiving the request. Maintenance consumables include, but are not limited to, coolant, deionized water, filters, gear & spindle oil, way lube, and grease. The TPOC is responsible for determining equipment and material that qualifies as a maintenance consumable. The contractor shall provide containers to store maintenance consumables, such as 5-gallon buckets and 55-gallon drums. The contractor is not responsible for disposal of waste consumables.

The Consumables CLIN are priced as a not-to-exceed type CLIN to allow the flexibility for maintenance consumables to be acquired as needed throughout the year. Consumables are procured by the contractor as required and needed for maintenance. Upon receiving notification from the COR that maintenance consumables are needed, the contractor shall provide the COR with a consumables estimate.

7.0 REPLACEMENT PARTS AND MATERIALS

The contractor shall use OEM parts or parts of equal quality in making repairs.

Replacement of Spare Parts: The contractor shall provide all materials needed to accomplish maintenance and repairs on all machines in support of scheduled annual maintenance.

Disposal of Replaced Parts: Non-consumable parts that have been removed from the equipment and replaced are the property of the Government. The contractor shall dispose of non-consumable parts removed from the equipment after receiving approval for disposal from the COR. The contractor shall dispose of consumable parts, such as gaskets, filters, coolant, and oil, in accordance with applicable Municipal, State, and Federal Regulations.

8.0 EXCLUSIONS

Maintenance Service under this contract shall not include electrical work or utility changes external to the equipment disconnect switch.

9.0 ACTIVITY SUMMARY

Contractor shall provide the Government with a report that details the maintenance accomplished during the previous quarter. The report shall be submitted on a quarterly basis by electronic submission to the COR. (CDRL A003)

Reports shall summarize the maintenance activities of the quarter to include type of maintenance, location, and equipment maintained:

a) Performance Maintenance Checks

b) Performance Maintenance Inspections

10.0 WARRANTY

All components modified shall be covered by the contractor’s standard commercial warranty.

11.0 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will 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 shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

ACRONYMS and DEFINTIONS

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

24-MAY-2018

RECEIVING OFFICER

2008 STUMPNECK ROAD

BLDG. 2195

INDIAN HEAD MD 20640-5070

301-744-6961 FOB: Destination N42794

24-MAY-2018

N42794

24-MAY-2018

N42794

25-MAY-2018

N42794

24-MAY-2018

N42794

24-MAY-2019

N42794

24-MAY-2019

N42794

24-MAY-2019

N42794

24-MAY-2019

N42794

24-MAY-2020

N42794

25-MAY-2020

N42794

24-MAY-2020

N42794

24-MAY-2020

N42794

24-MAY-2021

N42794

24-MAY-2021

N42794

21-MAY-2021

N42794

24-MAY-2021

N42794

24-MAY-2022

N42794

24-MAY-2022

N42794

24-MAY-2022

N42794

24-MAY-2022

N42794

CLAUSES INCORPORATED BY FULL TEXT

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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

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

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

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

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

“Civil judgment” means—

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

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

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

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

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

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

(i) The Fair Labor Standards Act;

(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.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). 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…