COMBINED_SYNOPSIS_SOLICITATION_N3220518Q4550_AMEND_4.docx

MILITARY SEALIFT COMMAND

N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE

Military Sealift Command Combined Synopsis and Solicitation Notice Information

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. The procedures in FAR subpart 13.5 are used in accordance with 41 U.S.C. 1901. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

2. Solicitation number is N3220518Q4550 and is being issued as a Request for Quote (RFQ).

3. The solicitation document and incorporated provisions and clauses are those in effect through FAC 2005-95, effective 19 Jan 2017, DPN 20161222, effective 22 Dec 2016, NMCARS 13-15, effective 27 Sep 2017.

4. The associated NAICS code is 333618 and this procurement:

|X| is not being set-aside for small businesses.

|_| is being set-aside.

5. This is a MAN Diesel brand name requirement.

6. The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure.

Perform the design portion to retrofit turbochargers and associated systems in accordance with the Performance Work Statement.

Procure equipment; modify, fabricate, and test major system components associated with the design of CLIN 0001 in accordance with the Performance Work Statement.

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.

Provide shipyard installation and final testing in accordance with the Performance Work Statement.

7. The required delivery and acceptance date is 21 December 2018. Delivery and acceptance for the Auxiliary Diesel Generator Turbochargers will occur at: Military Sealift Command, 1968 Gilbert St Bldg W143 DWY 10, Norfolk Naval Base, Va 23511, POC: Receiving 757-443-1575-1571, Email : MSC_CUSTOMER_SERVICE@navy.mil. Location of CLIN 0003 is a West Coast Ship Yard. The items being procured are to be provided FOB Destination.

8. The provision at FAR 52.212-1, Instructions to Offerors – Commercial (MAN Diesel Turbochargers) applies to this acquisition and is incorporated by reference. The provision is amended as follows:

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

FAR 13.5 Simplified Procedures for Certain Commercial Items applies to this procurement.

1.0 DEADLINE FOR RECEIPT OF QUESTIONS FROM PROSPECTIVE OFFERORS

Offerors requesting additional information or clarifications relating to this solicitation shall submit their request by email to Mr. Damian Finke at damian.finke@navy.mil. Requests must be received in the office designated below by no later than 12:00 PM, Norfolk, VA, local time, 20 calendar days after issuance of solicitation; otherwise questions may not be answered prior to the solicitation closing. All questions will be answered by a question and answer amendment. No telephonic responses will be provided.

2.0 SUBMISSION OF QUOTES

2.1 Responses to the solicitation are due 4:00 PM EST, December 29, 2017. Quotes may be hand delivered, mailed or e-mailed directly to Damian Finke at damian.finke@navy.mil, the sole designated E-mail address and inbox for receipt of E-mail submissions. No other electronic means of submission, used in whole or in combination with E-mail, is permitted.

2.2 E-mail quotes shall be in either Adobe or Microsoft Word format, with the exception of the price quote, which must be submitted in Excel format. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 10 megabytes. To be timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for submission. An E-mail quote that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for quote submission will be considered late unless the exception at FAR 52.212-1(f)(2)(i)(A) applies. The exception at FAR 52.212-1(f)(2)(i)(B) shall not apply to E-mail quotes.

2.3 Hand delivered and mailed quotes shall be sent to the following location and must be received there no later than the due date and time for submission. Additionally, if the offeror decides to hand deliver or mail their quote, it must be submitted in accordance with paragraph 2.5 below.

Military Sealift Command Attention: Mr. Damian Finke 411 “C” Street, Bldg. SP-64 Norfolk, VA 23511

2.4 Access to Naval Station Norfolk is restricted. Offerors and couriers and other delivery services may encounter unpredictable and lengthy delays or denied access when attempting to enter that facility. Similarly, mailed and emailed quotes may encounter unpredictable and lengthy routing delays. In all cases, Offerors are responsible for the risks associated with the chosen delivery method and for ensuring that the Government receives the complete package at the appropriate designated location prior to the due date and time for quote submission.

2.5 Quotes shall be presented as separately bound volumes as detailed below. Quoters shall provide one (1) hard copy labeled “ORIGINAL” of Volumes I, II, and III (unless the response is e-mailed). An electronic copy of Volumes I, II, and III shall be provided in either Microsoft Word or Portable Document Format (PDF) or Excel on one (1) compact disk (unless the response is e-mailed). (Please note that other forms of electronic media (e.g., USB flash drives) will not be accepted.) If there is a discrepancy between the “ORIGINAL” hard copy and the electronic copies, the “ORIGINAL” hard copy will prevail. Volumes are as follows:

Volume I

- Technical Proposal Volume II

- Past Performance

Volume III

- Solicitation Documents

- Price

2.6 Each volume of the quote shall be clearly marked with the volume number, the solicitation number, and the contractor’s name. Pages shall be numbered consecutively within each volume showing volume and page number. For example, page 19 of Volume I would be numbered I-19 and page 10 of Volume II would be numbered II-10. Volumes I and II shall not contain any pricing data. Page limitations for offers are as follows: Volumes I and II, when combined, shall not exceed 40 pages in length. The 40-page limitation does not include resumes or responses to the sample tasks. Each key personnel resume shall not exceed two (2) pages. “Source Selection Information – SEE FAR 2.101 and 3.104” shall be placed at the centered at the bottom of each page.

2.7 Pages beyond limits stated above will not be read or evaluated.

2.8 A page shall be an 8 ½ X 11” sheet of paper. When both sides of a sheet display printed material, it shall be counted as two pages. Font size shall be no smaller than 12-pitch Times New Roman; spacing is at the Offeror’s discretion (either single or double space). Page margins shall be no less than 1 inch on the top and bottom and 3/4 inch on the sides. Letter size and spacing requirements for illustrations and tables can be at the discretion of the Offeror but must be easily readable. Fold-outs will be counted as the appropriate number of pages based on an 8 ½ X 11” sheet of paper. The Contractor shall number each page in order to eliminate any confusion. In the event contractor creates an ambiguity in their numbering of pages, the Government may exercise its own discretion in counting pages.

2.9 Quotes shall not contain any classified information. Any portion of an offer, which the Offeror considers business sensitive, should be clearly marked as such.

2.10 For treatment of late submittals or modifications of submittals, see FAR 52.212-1(f).

2.11 The Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

3.0 VOLUME I - TECHNICAL VOLUME REQUIREMENTS

3.1 The Government will determine whether an Offeror’s quote is technically acceptable based on the information submitted.

3.2 Volume I shall consist of information for evaluation of the Technical Factor. Volume I shall consist of a separate section for each of the below subfactors, addressing the specific solicitation requirements of each subfactor. Offerors are cautioned that they are responsible to ensure that material that they desire to have evaluated for a particular section is contained in that specific section.

3.3 Volume I must include the following with no pricing information:

FACTOR 1: TECHNICAL CAPABILITY

The technical capability must demonstrate an understanding of and an ability to comply with all requirements covered in the solicitation. Offerors shall not simply rephrase the requirements, but instead shall, where appropriate, provide relevant examples and references to demonstrate how they meet the requirements.

The technical factor consists of four subfactors, as listed below. Each subfactor has required elements to be demonstrated as detailed below.

Subfactor 1: Technical approach / Understanding of the Performance Work Statement (PWS)

The Offeror shall describe in its submittal its overall understanding of and approach to the type of services and material that it would expect to perform and deliver as a result of the award of this contract. The narrative should not be a rephrasing of the PWS, but instead, should concentrate on the Offeror's understanding and approach to the PWS. In this discussion, the Offeror should convey the Offeror’s understanding of the overall requirements of the system elements and scope (both in breadth and depth) of material and work, which are required. The Offeror's quote should at a minimum discuss the following areas:

1. A detailed description of Offeror’s approach including a detailed step-by-step methodology that would be used in accomplishing each task required by the PWS.

2. Demonstrate ability to mitigate any technical risks that may impact successful performance. Offerors shall address their ability to manage and identify any technical risk and their planned actions to mitigate or eliminate the risks.

3. A proposal for the turbochargers selected and demonstration of the characteristics/quality

4. A recommended spare parts and maintenance equipment list that the Contractor will be responsible for providing as part of the procurements and installation

The Offeror’s technical approach shall demonstrate its understanding of the PWS; its ability to perform the work; and its capabilities, expertise, and relevant experience.

Subfactor 2: Management Approach/Quality Assurance Plan

Offerors shall describe their experience in performing the work specified in the PWS as well as their approach for managing the Contract. Offeror shall be certified to work on and modify MAN Diesel Engines. Offerors shall address overall management philosophy, guiding principles, and the approach used to manage engineering tasks and all other work specified in the PWS. The narrative shall also address the following:

1. Demonstration of Company experience in performing the type of work specified in the PWS and in managing projects of similar magnitude and scope to this requirement.

2. A description of the offers Quality Assurance Plan in relation to this tasking.

3. A description of how they will minimize impact to shipyard production and plan to coordinate with the shipyard.

Subfactor 3 – Personnel

Offerors shall provide resumes for all key personnel (project manager, lead electrical engineer, quality assurance engineer) and those personnel who will fill major technical roles based on the technical approach to performing the contract. No employee may be “dual hatted” with the exception of the installation team members with either the Project Manager or Lead Engineer. In the event that a proposed key person is not currently an Offeror’s employee, a letter of commitment stating that the proposed key person intends to become an Offeror’s employee should that Offeror be awarded the Contract shall be submitted with the quote. At a minimum, the following resumes shall be provided.

· Project Manager

· QA Engineer

· Lead Installation Technician

· Lead Design Engineer

· Installation Team Members

Subfactor 4 – Schedule/POA&M

Offerors shall provide a Plan of Action & Milestones (POA&M) demonstrating their understanding of the sequencing of events and interdependencies between deliverables. The POA&M shall clearly show milestones for all deliverables as well as:

1. Contract Award

2. Kick Off Date

3. Shipcheck Dates

4. Preliminary Deliverables

5. Final Deliverables

6. Procurement

7. Fabrication

8. Shipping

9. Shipyard availability and installation period

10. Regulatory Body Testing

11. Preliminary As-Built Deliverables

12. Final As-Built Deliverables

13. Contract Completion

The schedule shall demonstrate:

1. Sequencing of events

2. Interdependencies between events

3. Sufficient time to complete each item

4. Ability to meet the overall schedule

Deviations from the proposed delivery schedule contained in the PWS can be submitted provided adequate justification is provided and the overall schedule is maintained.

4.0 VOLUME II – PAST PERFORMANCE REQUIREMENTS

Offerors are requested to provide information on up to three (3) Government contracts whose effort is/was recent and relevant to the effort required by this solicitation.

“Recent” is defined as a contract in-progress or completed within the last three (3) years. If the Offeror has not had three (3) Government contracts within the last three (3) years, information on recent and relevant subcontracts and/or commercial contracts may be submitted.

“Relevant” is defined as a contract that is of similar scope, magnitude, and complexity to the requirements as set forth in this solicitation.

Scope: Experience in the areas defined in the PWS.

Magnitude: The measure of the similarity of the volume, dollar value and/or duration of the work actually performed under the Offeror’s submitted contracts to the PWS.

Complexity: The measure of the similarity of technical difficulty, managerial intricacy and/or required coordination of efforts and disciplines performed by the Offeror in its submitted contracts to the PWS. For complexity, not only will the tasks performed by the Offeror be considered, but also the Offeror’s ability to coordinate tasks (e.g., concurrent performance requirements).

A Past Performance Data Sheet (Attachment 1) is requested to be submitted for each contract to be considered as past performance. Offerors shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of this solicitation; a detailed description of the work performed for the contract; and the role performed, including whether the Offeror acted as a prime contractor or a subcontractor. Offerors are responsible for the accuracy of all data provided. Past performance information regarding predecessor companies, key personnel who have relevant experience and subcontractors that will perform major or critical aspects of the requirement may be provided as past performance submissions.

For each of the contracts the Offeror describes in a Past Performance Data Sheet (Attachment 1), the Offeror is requested to provide a Past Performance Questionnaire (Attachment 2) to a reference at the organization that awarded the contract. It is requested that the reference, not the Offeror, email or fax the completed Past Performance Questionnaire (Attachment 2) BEFORE THE DUE DATE FOR QUOTES directly to, Military Sealift Command, 471 C Street, SP-64, Norfolk, VA 23511, e-mail: damian.finke@navy.mil. The Offeror, NOT THE GOVERNMENT, is responsible for ensuring that the Government receives a sufficient number of questionnaires.

All Offerors are required to address historical compliance with the requirements of FAR Part 52.219-8 (Utilization of Small Business Concerns) in the Past Performance Data Sheet (Attachment 1).

5.0 VOLUME III – PRICE AND SOLICITATION DOCUMENTS VOLUME REQUIREMENTS

5.1 Price Quote. The Offeror’s price quote shall contain the following:

5.1.1 Offerors are to propose fully burdened rates inclusive of profit. The labor category titles used in this solicitation may not match the titles used by a particular firm. If they do not, the Offeror is permitted to replace them with their own Labor category. Minimum qualifications for each labor category are provided in Section 13 of the PWS. The offeror may propose different labor categories; however, the offeror shall clearly indicate its proposed differences and provide supporting written rationale. The offeror is to breakout all price elements in its quote i.e. Materials, Other Direct Costs, subcontractors, transportation etc.

Travel. Travel will be reimbursed by the Government in accordance with Section 15 of the PWS.

5.1.2 A copy of the current financial statement and annual report for the company and its parent company (if applicable), or furnish evidence of adequate financial resources to perform the contract or the ability to obtain such resources. The Offeror shall list any instances of default on bank loans or repossession of assets. The Offeror must furnish an estimate of the working capital required to perform this Contract and evidence of adequate financial resources or the ability to obtain the resources during the period of performance under this Contract. If the Offeror intends to obtain working capital from a financial institution, parent company, affiliate, or joint venture, provide a copy of a credit agreement or other supporting documentation.

5.2 Solicitation Documents. The Offeror shall provide the following:

5.2.1 A cover letter that includes:

(a) The solicitation number, the name, address, and telephone numbers of the Offeror;

(b) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all services upon which prices are offered;

(c) The names, titles, telephone numbers, and e-mail address of persons authorized to negotiate on the Offeror's behalf with the Government in connection with this solicitation;

(d) The names, titles, telephone numbers, and e-mail address of persons authorized to sign the quote on the Offeror's behalf;

(e) “Remit to” address, if different than mailing address;

(f) Company/Division’s Data Universal Numbering System (DUNS) number; and Commercial and Government Entity (CAGE) Code.

5.2.2 Completed Representations and Certification as required by the RFQ (FAR Clause 52.212-3).

5.2.3 Acknowledgement of receipt of all RFQ amendments (if applicable);

5.2.4 With respect to FAR 52.212-1(c), unless offeror inserts a shorter period by submission of an offer, offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The foregoing does not preclude an offeror from withdrawing its offer prior to award.

5.2.5 Exceptions: If applicable, the Offeror shall clearly detail any exceptions taken and the rationale for the exceptions taken to the RFQ or its amendments. Please note that exceptions taken to the RFQ may render the Offeror’s quote unacceptable to the Government.

6.0 INSPECTION OF VESSEL

Offerors may request a date and time to inspect the USNS MERCY to Danielle Grisson at danielle.grisson@navy.mil. Inspection is not mandatory and shall be at the offeror’s expense. Offerors shall follow the clause, “SHIP & BASE ACCESS”, starting on page 33 of this solicitation. Personnel who fail to pre-register will, at best, experience protracted delays in accessing the vessel.

9. Provision 52.212-2 Evaluation—Commercial Items (Oct 2014) applies to this acquisition.

(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:

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304).

Award shall be made to the lowest priced technically acceptable offeror.

To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation. The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers, can be met.

A past performance evaluation will be conducted in accordance with FAR 13.106-2(b) (3). The Government intends to utilize the Government wide Past Performance Information Retrieval System (PPIRS) for the past performance evaluation as a basis for anticipating successful/unsuccessful performance on this required effort. To be considered acceptable for past performance, a search of the PPIRS shall reveal no negative past performance information for the recent and relevant records. In the event that there are no recent and/or relevant PPIRS records, the quoter’ s past performance record shall be considered “unknown.” In the context of acceptable or unacceptable, “unknown” past performance shall be considered “acceptable.” To be considered recent, the effort must have been completed within the previous three (3) years from date of this draft award notice. To be considered relevant the record should be similar in terms of scope and magnitude. “Scope” is defined as experience in areas defined in the SOW. “Magnitude” is defined as the measure of similarity of the volume, dollar value and or duration of work actually performed under the quoter’ s submitted contracts to the SOW. At the quoter’s discretion, additional past performance information may be submitted with the quote as a supplement to PPIRS. If furnished, this submission will be evaluated in accordance with the procedures described above.

The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3.

(b) Options. Not Applicable.

(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)

10. All offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items with its offer.

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Jan 2017) 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 http://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;

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

(vi) The Family and Medical Leave Act; and

(vii) 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;

(4) 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);

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

(6) 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 subsidiary of a parent corporation.

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

“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.

(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 products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other 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.”

Other Foreign End Products:

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

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I.