Solicitation.docx

N0018918QG029

Section SF 1449 - CONTINUATION SHEET

Physiological Monitoring System iMotions

FFP

Biometric Research Platform iMotions Software Core Design, Data Collection, Analysis Part No. SSCORE1

Brand Name or Equal to NRP. See incorporated Salient Characteristic List for specifications.

NO BIDS WILL BE ACCEPTED WITHOUT DFARS 252.225-7000, FAR 52.203-18, AND 52.209-11. IF AN EQUAL PRODUCT IS PROPOSED IT IS MANDATORY TO PROVIDE SPECIFICATIONS FOR TECHNICAL REVIEW OTHERWISE THE BID MAY BE AUTOMATICALLY DISQUALIFIED. SUBMIT SALIENT CHARACTERISTICS LIST, INCORPORATED IN THE SOLICITATION, WITH BID.

FOB: Destination

MILSTRIP: N6659618RC00001

PURCHASE REQUEST NUMBER: N6659618RC00001

ADDITIONAL MARKINGS:

NET AMT

iMotions Analysis Only License

Part No. SA1

Brand Name or Equal to NRP. See incorporated Salient Characteristic List for specifications.

NO BIDS WILL BE ACCEPTED WITHOUT DFARS 252.225-7000, FAR 52.203-18, AND 52.209-11. IF AN EQUAL PRODUCT IS PROPOSED IT IS MANDATORY TO PROVIDE SPECIFICATIONS FOR TECHNICAL REVIEW OTHERWISE THE BID MAY BE AUTOMATICALLY DISQUALIFIED. SUBMIT SALIENT CHARACTERISTICS LIST, INCORPORATED IN THE SOLICITATION, WITH BID.

FOB: Destination

MILSTRIP: N6659618RC00001

NET AMT

iMotions Module Affectiva Research

Part No. SAR1

Brand Name or Equal to NRP. See incorporated Salient Characteristic List for specifications.

NO BIDS WILL BE ACCEPTED WITHOUT DFARS 252.225-7000, FAR 52.203-18, AND 52.209-11. IF AN EQUAL PRODUCT IS PROPOSED IT IS MANDATORY TO PROVIDE SPECIFICATIONS FOR TECHNICAL REVIEW OTHERWISE THE BID MAY BE AUTOMATICALLY DISQUALIFIED. SUBMIT SALIENT CHARACTERISTICS LIST, INCORPORATED IN THE SOLICITATION, WITH BID.

FOB: Destination

MILSTRIP: N6659618RC00001

NET AMT

iMotions Module Affectiva Behavioral

Part No. SA2

Brand Name or Equal to NRP. See incorporated Salient Characteristic List for specifications.

NO BIDS WILL BE ACCEPTED WITHOUT DFARS 252.225-7000, FAR 52.203-18, AND 52.209-11. IF AN EQUAL PRODUCT IS PROPOSED IT IS MANDATORY TO PROVIDE SPECIFICATIONS FOR TECHNICAL REVIEW OTHERWISE THE BID MAY BE AUTOMATICALLY DISQUALIFIED. SUBMIT SALIENT CHARACTERISTICS LIST, INCORPORATED IN THE SOLICITATION, WITH BID.

FOB: Destination

MILSTRIP: N6659618RC00001

NET AMT

iMotions Module API

Part No. SA3

Brand Name or Equal to NRP. See incorporated Salient Characteristic List for specifications.

NO BIDS WILL BE ACCEPTED WITHOUT DFARS 252.225-7000, FAR 52.203-18, AND 52.209-11. IF AN EQUAL PRODUCT IS PROPOSED IT IS MANDATORY TO PROVIDE SPECIFICATIONS FOR TECHNICAL REVIEW OTHERWISE THE BID MAY BE AUTOMATICALLY DISQUALIFIED. SUBMIT SALIENT CHARACTERISTICS LIST, INCORPORATED IN THE SOLICITATION, WITH BID.

FOB: Destination

MILSTRIP: N6659618RC00001

NET AMT

iMotions Module Eye Tracking Glasses

Part No. SETG1

Brand Name or Equal to NRP. See incorporated Salient Characteristic List for specifications.

NO BIDS WILL BE ACCEPTED WITHOUT DFARS 252.225-7000, FAR 52.203-18, AND 52.209-11. IF AN EQUAL PRODUCT IS PROPOSED IT IS MANDATORY TO PROVIDE SPECIFICATIONS FOR TECHNICAL REVIEW OTHERWISE THE BID MAY BE AUTOMATICALLY DISQUALIFIED. SUBMIT SALIENT CHARACTERISTICS LIST, INCORPORATED IN THE SOLICITATION, WITH BID.

FOB: Destination

MILSTRIP: N6659618RC00001

NET AMT

iMotions Module BIOPAC Advanced

Part No. SBIOPAC1

Brand Name or Equal to NRP. See incorporated Salient Characteristic List for specifications.

NO BIDS WILL BE ACCEPTED WITHOUT DFARS 252.225-7000, FAR 52.203-18, AND 52.209-11. IF AN EQUAL PRODUCT IS PROPOSED IT IS MANDATORY TO PROVIDE SPECIFICATIONS FOR TECHNICAL REVIEW OTHERWISE THE BID MAY BE AUTOMATICALLY DISQUALIFIED. SUBMIT SALIENT CHARACTERISTICS LIST, INCORPORATED IN THE SOLICITATION, WITH BID.

FOB: Destination

MILSTRIP: N6659618RC00001

NET AMT

Tobii Eye Tracking Glasses 2

Part No. HTEG2

Brand Name or Equal to NRP. See incorporated Salient Characteristic List for specifications.

NO BIDS WILL BE ACCEPTED WITHOUT DFARS 252.225-7000, FAR 52.203-18, AND 52.209-11. IF AN EQUAL PRODUCT IS PROPOSED IT IS MANDATORY TO PROVIDE SPECIFICATIONS FOR TECHNICAL REVIEW OTHERWISE THE BID MAY BE AUTOMATICALLY DISQUALIFIED. SUBMIT SALIENT CHARACTERISTICS LIST, INCORPORATED IN THE SOLICITATION, WITH BID.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

MILSTRIP: N6659618RC00001

NET AMT

iMotions BIOPAC MP 160 (wired)

Part No. HBIOPACMP160

Brand Name or Equal to NRP. See incorporated Salient Characteristic List for specifications.

NO BIDS WILL BE ACCEPTED WITHOUT DFARS 252.225-7000, FAR 52.203-18, AND 52.209-11. IF AN EQUAL PRODUCT IS PROPOSED IT IS MANDATORY TO PROVIDE SPECIFICATIONS FOR TECHNICAL REVIEW OTHERWISE THE BID MAY BE AUTOMATICALLY DISQUALIFIED. SUBMIT SALIENT CHARACTERISTICS LIST, INCORPORATED IN THE SOLICITATION, WITH BID.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

MILSTRIP: N6659618RC00001

NET AMT

BIOPAC BIONOMADIX 2CH ECG Amplifier

Part No. HBIOPACECG2 (wireless)

Brand Name or Equal to NRP. See incorporated Salient Characteristic List for specifications.

NO BIDS WILL BE ACCEPTED WITHOUT DFARS 252.225-7000, FAR 52.203-18, AND 52.209-11. IF AN EQUAL PRODUCT IS PROPOSED IT IS MANDATORY TO PROVIDE SPECIFICATIONS FOR TECHNICAL REVIEW OTHERWISE THE BID MAY BE AUTOMATICALLY DISQUALIFIED. SUBMIT SALIENT CHARACTERISTICS LIST, INCORPORATED IN THE SOLICITATION, WITH BID.

FOB: Destination

MILSTRIP: N6659618RC00001

NET AMT

BIOPAC BIONOMADIX 2CH EMG Amplifier

Part No. HBIOPACEMG2 (wireless)

Brand Name or Equal to NRP. See incorporated Salient Characteristic List for specifications.

NO BIDS WILL BE ACCEPTED WITHOUT DFARS 252.225-7000, FAR 52.203-18, AND 52.209-11. IF AN EQUAL PRODUCT IS PROPOSED IT IS MANDATORY TO PROVIDE SPECIFICATIONS FOR TECHNICAL REVIEW OTHERWISE THE BID MAY BE AUTOMATICALLY DISQUALIFIED. SUBMIT SALIENT CHARACTERISTICS LIST, INCORPORATED IN THE SOLICITATION, WITH BID.

FOB: Destination

MILSTRIP: N6659618RC00001

NET AMT

BIOPAC BIONOMADIX 2CH GSR EDA Amplifier

Part No. HBIOPACGSR2 (wireless)

Brand Name or Equal to NRP. See incorporated Salient Characteristic List for specifications.

NO BIDS WILL BE ACCEPTED WITHOUT DFARS 252.225-7000, FAR 52.203-18, AND 52.209-11. IF AN EQUAL PRODUCT IS PROPOSED IT IS MANDATORY TO PROVIDE SPECIFICATIONS FOR TECHNICAL REVIEW OTHERWISE THE BID MAY BE AUTOMATICALLY DISQUALIFIED. SUBMIT SALIENT CHARACTERISTICS LIST, INCORPORATED IN THE SOLICITATION, WITH BID.

FOB: Destination

MILSTRIP: N6659618RC00001

NET AMT

Shipping and Handling

Shipping and Handling to Groton, CT 06349

NO BIDS WILL BE ACCEPTED WITHOUT DFARS 252.225-7000, FAR 52.203-18, AND 52.209-11. IF AN EQUAL PRODUCT IS PROPOSED IT IS MANDATORY TO PROVIDE SPECIFICATIONS FOR TECHNICAL REVIEW OTHERWISE THE BID MAY BE AUTOMATICALLY DISQUALIFIED. SUBMIT SALIENT CHARACTERISTICS LIST, INCORPORATED IN THE SOLICITATION, WITH BID.

FOB: Destination

MILSTRIP: N6659618RC00001

NET AMT

SALIENT CHARACTERISTIC LIST

This requirement is listed as Brand name or equal. “Or equal” quotes are invited and encouraged; however, they must meet the following salient characteristics. Failure to meet the salient characteristics means an "or equal" quote is considered unacceptable and is therefore ineligible for award. Award will be made to the lowest priced brand name, "or equal" quote.

0001 - iMotions CORE Part No. SSCORE1 Prerequisite to integrate any module

Support within- and between-subject designs, randomizations, block designs, etc.

Real-time data viewing (raw data & metrics)

Behavioral observation data from camera, mouse-clicks, and key strokes

Capture respondent activity with facial and environmental cameras

Moment-to-moment visualization of raw and aggregated data

Summary scores across multiple modalities

Enables all analysis capabilities except Affectiva Modules. No data collection or post-processing capabilities. Only sold as add-on to CORE module

Connection to Affectiva Module via webcam

Measure facial expressions towards screen-based or physical stimuli

Import externally recorded videos for post processing of facial expressions

Integrated quality assurance tools

21 Facial Expressions: Attention, Brow Furrow, Brow Raise, Inner Brow Raise, Eye Closure, Nose Wrinkle, Upper Lip Raise, Lip Suck, Lip Pucker, Lip Press, Mouth Open, Lip Corner Depressor, Chin Raise, Smirk, Smile

33 Facial Landmarks: geometrical mapping of the face

Connection to Affectiva Module via webcam

Measure facial expressions towards screen-based or physical stimuli

Import externally recorded videos for post processing of facial expressions

Integrated quality assurance tools

Interocular Distance: Distance between two outer eye corners for estimation of distance from screen

Head Orientation: Head rotation as yaw (up/down), pitch (left/right), and roll

0005 - iMotions Module – API Part No. SA3 Prerequisite iMotions Core

Integrate any device, and send data live into iMotions for full synchronization

Forward all synchronized events out of iMotions

Build closed loop systems

Visualize all data streams live

Input API: UDP or TCP/IP connection can be used to stream data live from 3rd party software/hardware

Output API: UDP or TCP/IP connection can be used to stream sensor data, events, markers, and triggers live to 3rd party software/hardware

Post Import Data: Upload externally recorded data for analysis within iMotions software (e.g. sensor recordings or video obtained by camera)

Connection to head-mounted eye tracking glasses such as Tobii Eye Tracking Glasses 2 and ASL Mobile Eye XG

Live streaming for qualitative insights and advanced analytic tools for shopper insights and real-world environments such as vehicles, stores, etc.

Integrated quality assurance tools

Static & dynamic areas of interest (AOIs), manual and semi-automated options

Automated AOI generation allows for tracking of an area throughout a video

Automated metrics such as Time to First Fixation, Time Spent, Ratio, Revisits, Fixation Count, Mouse Clicks

Static & dynamic heatmaps

Gaze mapping allows for automating aggregate views of in-person shelf testing. Calculate gaze mapping locally or in the cloud to speed up analysis of large scale studies

Raw data including X,Y coordinates on scenes and pupil size

Connection to BIOPAC GSR100C Galvanic Skin Response (GSR) sensor

Integrated quality assurance tools

Automatic GSR Peak Detection and score export

Enables integration of multiple BIOPAC sensors for capture and export of raw ECG, EMG, and Respiration data

0008 - Tobii Eye Tracking Glasses Part No. HTEG2 Grilamid plastic, stainless steel, aluminum

Protective lens - Plastic, in 2 versions: clear and tinted

Interchangeable lenses

Nose pad - Grilamid plastic, interchangeable

Scene camera, video resolution - 1920 ×1080 at 25 fps

Scene camera, video format - H.264

Scene camera, field of view - 90 deg. 16:9 format

Scene camera horizontal and vertical FOV (approx.) - 82 deg. horizontal / 52 deg. vertical

Weight - 45 grams including protective lens

Frame dimensions (width ×depth ×height) - 179 ×159 ×57 mm

Cable length - 1200 mm

Visual field of view (frame obstruction) - More than 160 deg. horizontally, 70 deg. vertically

Audio - Integrated microphone

Design characteristics - Light weight and discreet

Number of eye tracking sensors - 4 sensors

Fixed geometry

Sensors - Gyroscope and accelerometer

0009 - iMotions BIOPAC MP160 Part No. HBIOPACMP160 Ethernet-ready data acquisition and analysis unit can record multiple channels with differing sample rates; record at speeds up to 400 kHz (aggregate). Place one or more MP160 Systems in a local area network (LAN). Use any computer in the LAN to record from any MP160 system in the network.

0010 - BIOPAC BIONOMADIX 2CH ECG Amplifier Part No. HBIOPACECG2 (wireless) ECG Electrocardiogram Amplifier

Electrocardiogram Amplifier records electrical activity generated by the heart and will reliably record ECG from humans, animals and isolated organ preparations. The ECG amplifier output can be switched between normal ECG output and R-wave detection. The R-wave mode outputs a smoothed pulse with the occurrence of each R-wave. The exact timing of the R-wave is detected even under conditions of extreme signal artifact. The amplifier also includes a user-switchable baseline stabilizer.

0011 - BIOPAC BIONOMADIX 2CH EMG Amplifier Part No. HBIOPACEMG2 (wireless) EMG Electromyogram Amplifier

Electromyogram Amplifier amplifies general and skeletal muscle electrical activity.

0012 - BIOPAC BIONOMADIX 2CH GSR/EDA Amplifier Part No. HBIOPACGSR2 (wireless) EDA Electrodermal Activity Amplifier

Electrodermal Activity Amplifier measures both the skin conductance level (SCL) and skin conductance response (SCR) as they vary with sweat gland (eccrine) activity due to stress, arousal or emotional excitement. Uses a constant voltage (0.5 V) technique to measure skin conductance. The controls allow selection of absolute (SCL+SCR) or relative (SCR) skin conductance measurements.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

BUILDING 141 TROUT AVE.

SUBMARINE BASE

GROTON CT 06349

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CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

COMBO

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

TBD

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

TBD

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

TBD

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of provision)

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

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

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

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

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

“Civil judgment” means--

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

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

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

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

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

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

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

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

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

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

(b)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end…