N62645-17-Q-0011.docx

N6264517Q0011

Section SF 1449 - CONTINUATION SHEET

ADDENDUM TO 52.212-1

INSTRUCTIONS FOR SUBMITTING A QUOTE:

a) To be considered for evaluation, quotes must be received no later than the time and date (Eastern Time) specified in Block 8, SF 1449. Quotes shall be submitted in the format stated in the table below entitled, “Quote Table of Contents.” Each volume of the quote shall be submitted in electronic form as a separate PDF (portable document format) file and clearly marked with the volume title. Electronic files shall not contain classified data. Do not use compressed file formats. Submissions shall be virus free. Hard copy and facsimile quotes will not be accepted.

b) To assure timely and equitable evaluation of quotes, quoters must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and those identified as evaluation factors. All documents submitted in response to this solicitation must be fully responsive to, and consistent with, the requirements of the solicitation. Failure to meet a requirement may result in a quote being ineligible for award.

c) Electronic Files. Quoters shall submit their quote via email to the following address:

E-MAIL: rachel.a.turk2.civ@mail.mil

IN SUBJECT LINE REFERENCE: N62645-17-Q-0011

d) Additional Restrictions. E-mail correspondence. Quoters shall ensure that all e-mails include “N62645-17-Q-0011” in the subject line.

1. 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. Representation and Certifications

3. Responsibility Determination

1 PDF file containing the quoter’s complete Volume I, Administrative/Business

1. Cover Page

2. Table of Contents

3. Technical Approach 1 PDF file containing the quoter’s complete Volume II, Technical Approach

1. Past Performance Information Sheets 1 PDF file containing the quoter’s complete Volume III, Past Performance

1. Price Schedule 1 PDF file containing the quoter’s complete Volume IV, Price

1. CONTENT REQUIREMENTS.

All information shall be confined to the appropriate volume/section. For example, only information included in the file labeled “Technical Approach” will be evaluated for the Technical Approach factor. If technical approach information is included elsewhere in the quote, it will not be evaluated as part of the Technical Approach factor. The quoter shall confine submission to essential matters, sufficient to define the quote and provide adequate basis for evaluation. Quoters are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote. Proprietary information shall be clearly marked.

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. Representations And Certifications.

3.1.2.1. Quoters shall ensure their representations and certifications are updated at the System for Award Management (SAM) https://www.sam.gov/portal/public/SAM.

3.1.2.2. Quoters shall also include one completed copy of the following, as applicable (if completed via SAM, including completed copies is not necessary):

3.1.3. Responsibility Determination.

To assist in determining quoter/contractor responsibility in accordance with FAR Part 9, the quoter shall explain how they plan to have or obtain adequate financial resources to support any awarded contract. If the quoter intends to rely on internally available working/operation capital, evidence of availability must be submitted. If the quoter plans to rely on financial support from other sources, evidence of availability and the maximum lines of credit that may be available must be identified and must be based upon the inclusion of this contract effort. Evidence of external funding must be provided in the form of a dated letter from the external source. Documentation to support the amounts must also be included.

Small business quoters who fail to provide sufficient information for the Government to make an affirmative responsibility determination may be referred to the Small Business Administration (SBA) for Certificate of Competency consideration in accordance with FAR Part 19.6. To be eligible for award of a contract, the quoter must receive an affirmative responsibility determination or a Certificate of Competency issued by the SBA.

3.2. VOLUME II – TECHNICAL APPROACH (Factor 1) (1 or 2 PDF files).

3.2.1. Volume II shall include the Technical Approach, and shall be specific and complete. The quoter shall address each element listed below, and shall provide sufficient narrative and supporting data for each element. The Technical Approach shall not contain pricing information. The quoter shall ensure that the Technical Approach is clear and cohesive. The Government will evaluate responses against the Technical Approach elements identified below. Using the instructions provided below, provide, as specifically as possible, the actual methodology the quoter would use for accomplishing/satisfying these elements. All the requirements specified in the solicitation are mandatory. By submitting a quote, the quoter is representing that its firm shall perform all the requirements specified in the solicitation. The quoter shall ensure that its quote does not merely reiterate the objectives or reformulate the requirements specified in the solicitation, but explains how the quoter will actually accomplish/satisfy the requirements.

3.2.2. TABLE OF CONTENTS. The Table of Contents shall contain details which delineate the subparagraphs and sections within the volume.

3.2.2.1. Describe a detailed plan that demonstrates how the quoter will meet the contract requirements, including a project plan with milestones for each event and an overall completion date. The required completion date is nine (9) months after contract award. The training and installation days identified in Attachment 2 are suggested and quoters shall propose, as part of the project plan, a specific timeframe for training and installation at each site. The technical approach shall explain how installation and training will be conducted at each site. The technical approach shall identify key personnel and a project manager(s) for coordination of pre-installation activities, installation, integration, and acceptance testing, and to hold regular planning and status meetings with the Government. Resumes are not required. The technical approach shall identify whether the project manager(s) will be on-site full-time for installation, integration, and acceptance testing. The technical approach shall include product specifications for all requested equipment, including warranty information (timeframe for warranty coverage and a description of the covered services/items) and demonstrating how each meets the minimum requirements identified in the Statement of Work (SOW) and Attachment 2. To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must provide all information required by FAR 52.211-6. The following products must meet the United States Environmental Protection Agency’s (EPA) ENERGY STAR or Federal Energy Management Program (FEMP) efficiency requirements in accordance with FAR 52.223-15: computers, monitors, enterprise servers, and uninterruptible power supplies. The equipment to be furnished by the quoter must be listed on the EPA’s certified or registered list, depending on the product category, in order to be considered for award.

3.2.2.2. Each “Technical Approach” response is limited to a maximum of 25 pages in length inclusive of any charts, diagrams, and/or other graphics. Each “page” is defined as one sheet, 8 ½ x 11 inches. Pages shall be consecutively numbered. The cover sheet (not to exceed one page) and table of contents (not to exceed one page) will not count toward the page limit.

3.3. VOLUME III – PAST/PRESENT PERFORMANCE (Factor 2) – (1 PDF file).

3.3.1. The quoter shall complete a maximum of two Past Performance Information Sheets (PPISs) (Attachment 5). Each of the PPISs shall be completed in its entirety. Each PPIS shall not exceed one page (8 ½ X 11 inch). If a contractor submits more than 2 PPISs, only the first two PPISs may be evaluated. The Past Performance information listed on each sheet shall be for digital dental imaging systems. If a PPIS contains more than one page, only the first page will be considered. If the quoter does not possess relevant Past Performance, the contractor shall submit a statement affirming that it possesses no relevant Past Performance. POCs listed on the PPISs shall be either Government personnel (civil service or military) or employees of private sector medical facilities for which the quoter has provided services. PPISs that list POCs that work for, or have worked for, the quoter directly or indirectly will be determined not relevant.

3.4. VOLUME IV – PRICE (Factor 3) – (1 PDF file)

3.4.1. Pricing shall be submitted in the form of a firm fixed unit price on the Price Schedule, see Pages 6 through 8 of the solicitation. The unit price shall be inclusive of providing all required items/services outlined in the Statement of Work and Attachment 2, including all travel/delivery expenses. Enter a unit price for CLINs (Contract Line Item Numbers) 0001, 0002, 0003, and 0004. It is not necessary to enter an amount or net amount for each CLIN, or to provide an overall total amount for all of the CLINs.

(End of Addendum)

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.

Digital Dental Imaging (DDI)

FFP

The Contractor shall perform a DDI refresh as outlined in the Statement of Work and Attachment 2 for Naval Medical Center Portsmouth, VA. Delivery is 9 months after date of contract (ADC).

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

NET AMT

DDI

The Contractor shall perform a DDI refresh as outlined in the Statement of Work and Attachment 2 for Naval Hospital Jacksonville, FL. Delivery is 9 months ADC.

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.

NET AMT

DDI

The Contractor shall perform a DDI refresh as outlined in the Statement of Work and Attachment 2 for Naval Hospital Pensacola, FL. Delivery is 9 months ADC.

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.

NET AMT

DDI

The Contractor shall perform a DDI refresh as outlined in the Statement of Work and Attachment 2 for Naval Health Clinic New England Newport, RI. Delivery is 9 months ADC.

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.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

SEE ATTACHED

SHIPPING ADDRESSES MD

000-000-0000

N62645

N62645

N62645

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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.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Technical Approach

2. Past Performance

3. Price

The non-price factors are listed in descending order of importance.

Technical approach and past performance, when combined, are more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(d) The Government will award one contract resulting from this solicitation to the responsible quoter whose quote, conforming to the solicitation, will be the best value offered to the Government, price and other factors considered. This solicitation will use price trade-off source selection procedures to make a best value award decision. A price premium may be considered in order to award to a quoter whose proposed equipment, warranty terms, and/or completion date are more favorable than the minimum requirements specified in the solicitation. As noted below, the use of a full time project manager(s) during installation, training, and acceptance testing is preferred and a price premium may be considered in order facilitate such an award. The technical approach response shall provide sufficient detail for the Government to determine whether the quote satisfactorily meets the minimum requirements of the SOW and Attachment 2. Statements that the quoter understands, can or will comply with all specifications, or statements paraphrasing the specifications of parts thereof, or phrases such as “standard procedures will be used” or “wellknown techniques will be used,” will be considered insufficient. In order for a quote to be considered for award, it shall not have any technical factors that have been determined to be marginal or unacceptable. In addition, quoters that cannot provide all of the deliverables and services outlined in the SOW and Attachment 2 will not be considered for award. The factors identified below will be used to evaluate quotes with a technical/risk rating and a performance relevancy and confidence assessment, respectively, assigned as follows. The Administrative/Business volume will be reviewed to ensure consistency with the solicitation and will not receive an evaluation rating.

1. FACTOR 1: TECHNICAL APPROACH:

1.1. The Government will evaluate the quoter’s approach/plan to comply with all requirements of the solicitation. The Government will evaluate the technical merits of the quoter’s approach to satisfying the requirements. The Government will evaluate the quoter’s project for meeting contract requirements, including the overall completion date (the required completion date is nine (9) months after award), the description of how training and installation will be conducted at each site, the key personnel and project manager(s) (use of a full time project manager(s) during installation, training, and acceptance testing is preferred), the ability of the proposed products to meet the minimum requirements outlined in the SOW and Attachment 2, the proposed warranty (per the SOW, a minimum one year warranty is required), etc. As noted in FAR 52.211-6, the Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. As noted in FAR 52.223-15, the contractor shall ensure that energy-consuming products are energy efficient products (i.e., ENERGY STAR® products or FEMP-designated products) at the time of contract award, for products that are delivered. The equipment to be furnished by the quoter must be listed on the EPA’s certified or registered list, depending on the product category, in order to be considered for award.

1.2. The following technical/risk ratings will be used in evaluating the quoter’s technical approach:

COMBINED TECHNICAL/RISK RATINGS

2. FACTOR 2. PAST/PRESENT PERFORMANCE. Evaluation of past performance will be subjective and will take into consideration relevancy (similar in size, scope, and complexity of required services) of the past performance information provided by the quoter as well as a survey of customer satisfaction in the areas of Quality of Services, Timeliness of Performance/Services, and Business Relations. In evaluating past performance, the Government may consider and use any information from its own files, databases, references provided by the quoter, or from any source, as it deems appropriate. If adverse past performance information is obtained, the respective point of contact will be contacted to obtain additional information about the circumstances surrounding the situation. Quoters will be given an opportunity to address unfavorable reports of past performance to which the quoter has not had a previous opportunity to respond. The quoter’s response, or lack thereof, will be taken into consideration. Providing incorrect references may affect the overall rating. If a quoter does not have a past performance history relating to the solicitation, the quoter will not be evaluated favorably or unfavorably, and a neutral rating will be assigned for this factor. A quoter’s past performance record will also be used for the responsibility determination to be made by the Contracting Officer.

2.1. Evaluation of past performance will be a two-step process. First, the quoter’s past performance will be evaluated to determine how relevant an effort accomplished by the quoter is to the effort to be acquired through the source selection. The following definitions will be used to determine relevancy for purposes of this solicitation:

PAST/PRESENT PERFORMANCE RELEVANCY RATINGS

2.2. The second step will be to assign a performance confidence assessment based on how well the quoter performed on previous requirements. The following confidence ratings will be used:

PERFORMANCE CONFIDENCE ASSESSMENTS

3. FACTOR 3: PRICE. This factor will not receive an evaluation rating. The quoter’s Pricing volume will be examined to determine the degree to which the grand total proposed price for all locations compares to the price a reasonable prudent person would expect to incur for the same or similar services. The grand total proposed price will be the sum of the unit prices for each CLIN.

4. As previously stated, the Government intends to evaluate quotes and award a contract without discussions with quoters. Therefore, the quoter's initial quote should contain the quoter's best terms from a price, technical approach, and past performance standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. Further, if the Contracting Officer determines that discussions are necessary and if the Contracting Officer determines that the number of quotes that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of quotes in the competitive range to the greatest number that will permit an efficient competition among the most highly rated quotes.

(End of Provision)

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

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

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

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

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

“Civil judgment” means--

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

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

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

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

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

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

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

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

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

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

(b)

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

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

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

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

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.