N62645-17-Q-0003.docx

N6264517Q0003

Section SF 1449 - CONTINUATION SHEET

GENERAL CONTRACT INFORMATION:

MINIMUM/MAXIMUM CONTRACT VALUE

The minimum contract value for all orders issued against this contract is $1,000.00. The maximum contract value for all orders issued against this contract is $6,600,000.00.

CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer's duly authorized representative will perform inspection and acceptance of services to be provided.

For the purposes of this clause, David Baker, 301-619-7487, email: david.d.baker26.civ@mail.mil is the authorized representative of the Contracting Officer.

Inspection and acceptance will be performed at the assigned location according to the performance work statement.

START-UP PERIOD

It is intended to make award of the resultant contract in time to allow up to a thirty (30) day start-up period in advance of the actual commencement of the performance period. The contractor shall make all necessary preparations, during this start-up period, to assume full responsibility for contract performance as of the contract start date. It is noted that invoicing by the contractor will begin as of the commencement of services and no reimbursement will be paid by the Government for efforts expended during the start-up period.

CONTRACTOR SUPPORT

Notice: Navy Use Of Support Contractor For Contract Closeout Functions

Naval Medical Logistics Command (NMLC) uses two private contractors in support of the contract closeout process. Those companies are Contracting Resources Group (CRG) of Federal Hill, MD, doing business under the authority of the Small Business Administration’s 8(a) program and the Ability One Program, doing business under the authority of the Javits-Wagner O’Day Act (41 U.S.C. § 47).

The contract closeout process includes activities such as processing deobligation modifications, obtaining contractor and requiring activity concurrence, preparing the DD-Form 1594 (Contract Completion Statement), and preparing closed files for archiving. Support contractors may perform additional administrative duties, including filing and processing simple administrative modifications. Performing these functions require the contractor employees to have access to the contract file. Therefore, information the Contractor provides to the Government or information already in the possession of the Government may be viewed by these support contractors in the course of performing contract close-out functions. The information that may be made available to the contractor may include pricing and technical responses and performance information.

NMLC has signed Non-Disclosure Agreements with each support contractor employee and has required both contractors to provide a Conflict of interest Mitigation Plan to ensure these employees are firewalled from all business development activity.

By signature of this contract, the quoter consents to access of their business sensitive/confidential or proprietary data by the Government’s support contractor personnel in order to perform close out services.

TASK ORDERS

Task orders may be placed by any warranted contracting officer serving at the Naval Medical Logistics Command.

The ordering period for issuance of task orders is 27 July 2017 through 26 July 2019.

Task orders will be awarded on a firm fixed price basis.

Task orders issued against this contract will be placed through electronic commerce including email in accordance with the terms and conditions of the contract. Oral orders are not authorized. Task orders will be issued on a DD Form 1155 or a SF 1449.

The period of performance of any task order shall be of one year or less in duration.

Each task order will contain at a minimum the following information:

a. The date of order

b. Contract number and order number

c. Description of the requirement

d. Pricing information

e. The period of performance

f. Accounting and appropriations data

g. Payment office address

h. Invoicing and acceptance instructions

i. Any other pertinent data

ADDENDUM TO 52.212-1

INSTRUCTIONS FOR SUBMITTING A QUOTE:

a) Electronic Files. The quote shall be submitted via email to the following addresses: rachel.a.turk2.civ@mail.mil and derek.m.marriott.civ@mail.mil.

b) Electronic files shall not contain classified data. Each quote volume described below shall be prepared as a separate, single file clearly marked with the volume title. Do not use compressed file formats. Submissions shall be virus free.

c) Utilize the “Quote Table of Contents” below to organize the electronic quote files.

QUOTE TABLE OF CONTENTS

1. SF 1449/SF 30

NOTE: Page 1 of the SF 1449 and all Amendments (SF 30) must be signed by an authorized representative which indicates agreement of a 210-day acceptance period.

2. Contract Administrative Data

3. Representation and Certifications

4. MTF Monitoring Process

5. Software License Terms

1 PDF file containing Volume I, Administrative/Business

1. Subcontracting Plan

1 PDF file containing the Volume II, Small Business Subcontracting Plan

1. Pricing Workbook

2. Breakdown to support proposed overall pricing Excel Workbook(s) containing Volume III, Pricing

1. CONTENT REQUIREMENTS.

3. QUOTES SHALL BE PREPARED AND SUBMITTED AS FOLLOWS:

3.1. VOLUME I: ADMINISTRATIVE/BUSINESS – (1 PDF file).

3.1.1. Solicitation/Contract/Order For Commercial Items (SF 1449) and Amendments (SF 30). Page 1 SF 1449 with signature of a corporate officer authorized to negotiate for the company in Block 30a, acknowledgement of all amendments, (SF 30) with signature in Block 15B, and agreement of 210 days acceptance period.

3.1.2. Contract Administration Data. Provide points of contact (POCs) for administration of any resulting contract. These POCs shall be available during normal business hours and other than normal business hours. The POC for other than normal business hours will be contacted only in the event of emergencies. Accordingly, the named individual(s) should possess sufficient corporate authority to effectively deal with emergency situations. The telephone number(s) provided should be functional at all times. If there are different POCs for different conditions, such as weekdays, weekends, holidays, etc, please furnish all and explain as follows:

3.1.3. Representations And Certifications.

3.1.3.1. Ensure your representations and certifications are updated at the System for Award Management (SAM) https://www.sam.gov/portal/public/SAM.

3.1.3.2. Include one completed copy of the following, as applicable (if completed via SAM, including completed copies is not necessary):

3.1.4. MTF Monitoring Process. The current MTF monitoring process is provided as PWS Enclsoure 1. Review the current plan and submit a new plan to provide proactive monitoring of system performance. The offeror shall be responsible for determing the appropriate timeframe for monitoring. The proposed plan, if accepted, will be incorporated into the resultant contract and will replace the current MTF monitoring process.

3.1.5. Software License Terms. For all software furnished under this contract, the offeror shall provide a copy of the software licensing agreeement or any terms and conditions that apply to the software.

3.2. VOLUME II: SMALL BUSINESS SUBCONTRACTING PLAN – (1 PDF file).

3.2.1. Submission of a small business subcontracting plan is required. The subcontracting plan shall be in accordance with FAR Clause 52.219-9 and DFARS Clause 252.219-7003, including alternates and deviations (for reference see FAR 19.704 and DFARS 219-704). The subcontracting plan requirement is not applicable to small business concerns qualified as such under the NAICS code assigned to this solicitation.

3.2.1.1. The Department of Defense (DOD) has established small business goals as an assistance to assure small business receives a fair proportion of DOD awards. The small business subcontracting goal for this requirement is 5% of the total contract value.

3.2.1.2. The Government recognizes that these goals are stated as a percentage of the total contract value for the small business participation plan; whereas, the goals included in the subcontracting plan (FAR Clause 52.219-9) are stated in terms of a percentage of total subcontract dollars.

3.3. VOLUME II: PRICE – (Excel Workbook(s))

3.3.1. Pricing shall be submitted using the attached Excel workbook titled “Pricing Workbook,” see attached for a copy of the workbook along with instructions for its completion.

3.3.2. Provide a breakdown to support the overall proposed total price. This can be provided in a separate Excel workbook or by adding a tab(s) to the “Pricing Workbook.”

(End of addendum)

UNDEFINED

ARMD Sustainment Services

FFP

Department of Navy Military Treatment Facilities (MTFs)

MAX

NET AMT

0001AA

ARMD Sustainment Services - Year 1

The Contractor shall provide anesthesia recording and monitoring device (ARMD) sustainment services in accordance with the attached Performance Work Statement for Department of Navy MTFs.

This is an indefinite delivery requirement. The price for this Sub Line Item Number (SLIN) is the sum of the monthly rate for each Department of Navy MTF identified in Attachment 2. The monthly rate for each MTF will be included in the SLIN description upon award. The Contractor shall invoice at the agreed upon monthly rates.

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

MAX

0001AB

ARMD Sustainment Services - Year 2

The Contractor shall provide ARMD sustainment services in accordance with the attached Performance Work Statement for Department of Navy MTFs.

This is an indefinite delivery requirement. The price for this SLIN is the sum of the monthly rate for each Department of Navy MTF identified in Attachment 2. The monthly rate for each MTF will be included in the SLIN description upon award. The Contractor shall invoice at the agreed upon monthly rates.

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.

MAX

UNDEFINED

ARMD Sustainment Services

Department of Army MTFs

MAX

0002AA

ARMD Sustainment Services - Year 1

The Contractor shall provide ARMD sustainment services in accordance with the attached Performance Work Statement for Department of Army MTFs.

This is an indefinite delivery requirement. The price for this SLIN is the sum of the monthly rate for each Department of Army MTF identified in Attachment 2. The monthly rate for each MTF will be included in the SLIN description upon award. The Contractor shall invoice at the agreed upon monthly rates.

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.

MAX

0002AB

ARMD Sustainment Services - Year 2

The Contractor shall provide ARMD sustainment services in accordance with the attached Performance Work Statement for Department of Army MTFs.

This is an indefinite delivery requirement. The price for this SLIN is the sum of the monthly rate for each Department of Army MTF identified in Attachment 2. The monthly rate for each MTF will be included in the SLIN description upon award. The Contractor shall invoice at the agreed upon monthly rates.

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.

MAX

UNDEFINED

ARMD Sustainment Services

Department of Air Force MTFs

MAX

0003AA

ARMD Sustainment Services - Year 1

The Contractor shall provide ARMD sustainment services in accordance with the attached Performance Work Statement for Department of Air Force MTFs.

This is an indefinite delivery requirement. The price for this SLIN is the sum of the monthly rate for each Department of Air Force MTF identified in Attachment 2. The monthly rate for each MTF will be included in the SLIN description upon award. The Contractor shall invoice at the agreed upon monthly rates.

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.

MAX

0003AB

ARMD Sustainment Services - Year 2

The Contractor shall provide ARMD sustainment services in accordance with the attached Performance Work Statement for Department of Air Force MTFs.

This is an indefinite delivery requirement. The price for this SLIN is the sum of the monthly rate for each Department of Air Force MTF identified in Attachment 2. The monthly rate for each MTF will be included in the SLIN description upon award. The Contractor shall invoice at the agreed upon monthly rates.

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.

MAX

UNDEFINED

ARMD Sustainment Services

National Capital Region (NCR) MTFs

MAX

0004AA

ARMD Sustainment Services - Year 1

The Contractor shall provide ARMD sustainment services in accordance with the attached Performance Work Statement for NCR MTFs.

This is an indefinite delivery requirement. The price for this SLIN is the sum of the monthly rate for each NCR MTF identified in Attachment 2. The monthly rate for each MTF will be included in the SLIN description upon award. The Contractor shall invoice at the agreed upon monthly rates.

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.

MAX

0004AB

ARMD Sustainment Services - Year 2

The Contractor shall provide ARMD sustainment services in accordance with the attached Performance Work Statement for NCR MTFs.

This is an indefinite delivery requirement. The price for this SLIN is the sum of the monthly rate for each NCR MTF identified in Attachment 2. The monthly rate for each MTF will be included in the SLIN description upon award. The Contractor shall invoice at the agreed upon monthly rates.

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.

MAX

UNDEFINED

ARMD Sustainment Services

Optional MTFs - See Paragraph 2.3.1.1. in the PWS for more information

MAX

0005AA

ARMD Sustainment Services - Year 1

The Contractor shall provide ARMD sustainment services in accordance with the attached Performance Work Statement for Fort Lewis.

This is an indefinite delivery requirement. The Contractor shall invoice at the agreed upon monthly rate.

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.

MAX

0005AB

ARMD Sustainment Services - Year 2

The Contractor shall provide ARMD sustainment services in accordance with the attached Performance Work Statement for Fort Lewis.

This is an indefinite delivery requirement. The Contractor shall invoice at the agreed upon monthly rate.

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.

MAX

0005AC

ARMD Sustainment Services - Year 1

The Contractor shall provide ARMD sustainment services in accordance with the attached Performance Work Statement for Naval Hospital Oak Harbor.

This is an indefinite delivery requirement. The Contractor shall invoice at the agreed upon monthly rate.

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.

MAX

0005AD

ARMD Sustainment Services - Year 2

The Contractor shall provide ARMD sustainment services in accordance with the attached Performance Work Statement for Naval Hospital Oak Harbor.

This is an indefinite delivery requirement. The Contractor shall invoice at the agreed upon monthly rate.

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.

MAX

0005AE

ARMD Sustainment Services - Year 1

The Contractor shall provide ARMD sustainment services in accordance with the attached Performance Work Statement for Naval Hospital Bremerton.

This is an indefinite delivery requirement. The Contractor shall invoice at the agreed upon monthly rate.

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.

MAX

0005AF

ARMD Sustainment Services - Year 2

The Contractor shall provide ARMD sustainment services in accordance with the attached Performance Work Statement for Naval Hospital Bremerton.

This is an indefinite delivery requirement. The Contractor shall invoice at the agreed upon monthly rate.

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.

MAX

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

26-JUL-2018

SEE DO/TO

SEE DELIVERY/TASK ORDERS

FOR SHIP TO/ PAYMENT INSTRUCTIONS

SEE DO/TO MD

SEE ORDER

N62645

26-JUL-2019

N62645

26-JUL-2018

SEE DO/TO

SEE DELIVERY/TASK ORDERS

FOR SHIP TO/ PAYMENT INSTRUCTIONS

SEE DO/TO MD

SEE ORDER

N62645

26-JUL-2019

N62645

26-JUL-2018

SEE DO/TO

SEE DELIVERY/TASK ORDERS

FOR SHIP TO/ PAYMENT INSTRUCTIONS

SEE DO/TO MD

SEE ORDER

N62645

26-JUL-2019

N62645

26-JUL-2018

SEE DO/TO

SEE DELIVERY/TASK ORDERS

FOR SHIP TO/ PAYMENT INSTRUCTIONS

SEE DO/TO MD

SEE ORDER

N62645

26-JUL-2019

N62645

26-JUL-2018

SEE DO/TO

SEE DELIVERY/TASK ORDERS

FOR SHIP TO/ PAYMENT INSTRUCTIONS

SEE DO/TO MD

SEE ORDER

N62645

26-JUL-2019

N62645

26-JUL-2018

N62645

26-JUL-2019

N62645

26-JUL-2018

N62645

26-JUL-2019

N62645

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

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

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

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

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

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

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

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

Predecessor legal name: ____.

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

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2016) 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 (t) 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 (t) 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…