Combined_Synopsis_-_Solicitation_Land_Based_Law_Enforecment_Support.docx

This is a combined Synopsis / Solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposals are being requested and a written solicitation will not be issued.

The solicitation number is N6470917T0057; this solicitation is a request for quotation (RFQ).

The North American Industry Classification System (NAICS) code is 922120. Service code R430 Strategic Weapons Facility, Atlantic (SWFLANT), Naval Submarine Base Kings Bay has a requirement for law enforcement service.

DESCRIPTION OF SERVICES:

1. - Scope: Law enforcement services are required to [sensitive information], maintain situational awareness and physical security in land base areas during mission, and provide random patrols [sensitive information]. Services are land based and will require foot and mobile patrols of all land/terrain areas [sensitive information].

2. - Background: Navy Strategic Systems Program (SSP) - (SP322) mission is to protect [sensitive information] via support from SWFLANT. SSP uses law enforcement support services to perform mission essential tasks aligned with their mission.

4. - General Requirements: Provide Law Enforcement service that has authority granted by the Florida Constitution under Florida Statutes section 943.10(1), in the Fernandina Beach location for safety and security control services in support of Strategic Weapons Facility, Atlantic (SWFLANT) and the Transit Protection Program in Kings Bay, GA. The place of performance for this requirement is all land/terrain areas [sensitive information].

Work schedules shall be developed to ensure the task(s) described in the PWS are performed and terrain is patrolled IAW Navy provided schedules. The below information is provided as historical information only to provide insight into existing work schedules. Core work hours depend on the law enforcement patrol schedule which requires a full 4 hours of patrol services. Additional time should be allotted for set up and breakdown prior to and after patrol services. Services are based on one (1) daily, five (5) weekly, twenty (20) monthly, two hundred and forty (240) annually which fulfilled this requirement. Historically, one (1) law enforcement full time equivalent (FTE) billet with an additional 20% program management duties has been attributed to this work effort, and coverage has been scheduled during 50 weekends (Saturday or Sunday) and three (3) holidays per year. Historically, law enforcement efforts have used the following equipment to successfully complete the performance work statement:

4X4 Pickup w/Emergency Equipment – outfitted with LE equipment 4X4 Multi Use Vehicles (MUV); 2-person – outfitted with LE equipment 4X4 Multi Use Vehicles (MUV); 4-person – outfitted with LE equipment ATV Loading/Unloading Equipment (Trailer) Body Armor, Carriers, Vest 308 Rifle & Kit Night Vision Googles Containers (ATV and equipment on-site storage) Ruggedized LE Laptop

Current patrols are based on the Navy provided schedule and doesn’t account for short term mission changes or increases in patrol requirements. Future support may require response to last minute schedule changes and increase in the scope and frequency of patrol missions.

5. - Performance Work Statement: The contractor shall provide all labor, supervision, management, materials and transportation to complete the performance work statement.

5.1 - Performance Work Statement Tasks:

5.1.1 - The Contractor shall patrol land-based terrain areas within [sensitive information]. On days with [sensitive information], start the daily patrol approximately two hours prior to the scheduled transit time [sensitive information]. Navy provided schedule will identify patrol times on [sensitive information] days. [sensitive information].

5.1.2 - The contractor shall conduct a minimum of five (5) patrols per week, as directed by Navy government agencies.

5.1.3 - The Contractor shall communicate with the United States Coast Guard - Maritime Force Protection Unit (MFPU) personnel [sensitive information] during patrols [sensitive information]. The Contractor must have Federal Communications Commission’s approved agreement for US Coast Guard to utilize the local law enforcement talk group on matters related to safety, search and rescue, law enforcement, and environmental protection activities.

5.1.4 - The Contractor shall report [sensitive information] via established Law Enforcement Reports. The Contractor shall coordinate Law Enforcement Reports [sensitive information] and COR as appropriate. Report format will be communicated between [sensitive information] agent and service provider upon contract award.

5.1.6 - The Contractor shall coordinate and schedule operations with Navy personnel at the “For Official Use Only” (FOUO) or “Department of Defense Unclassified Controlled Nuclear Information” (DOD UCNI) level. DoD UCNI requires special handling requirements and is not subject to the FOIA. Specific instructions will be provided upon contract award. No special storage equipment is needed. Contractor must have the ability to secure the information from inadvertent access. A locked office or desk drawer meets secured storage.

5.1.7 - The Contractor shall perform training and indoctrination with [sensitive information]. This will be coordinated with the customer and contacts will be provided after award.

5.1.20 - The Contractor shall provide monthly activity reports including number of patrols, man-hours of patrol time, and number of LERs submitted to SWFLANT personnel.

5.1.21 - The Contractor shall provide any LER’s [sensitive information] within 5 calendar days. Activity that involves [sensitive information].

5.1.22 - The Contractor shall maintain individual Computer-Aided Dispatch (CAD) logs to document activities and submit CAD logs to SWFLANT personnel on a monthly basis.

5.1.23 - The Contractor shall provide personnel to attend training, indoctrination, and support meetings as required by Designated Government Representative. [Sensitive information].

5.1.24 - The Contractor shall maintain support equipment (Personal Protection Equipment (PPE), weapons, communications, mobility equipment) to the level necessary to support operations.

6.0 - Performance Work Summary:

Task or Deliverable or Para Performance Standard Acceptable Quality Level (AQL) Surveillance Method Performance Measure

7.0 - KEY PERSONNEL

7.1 - Patrol Officer Qualified law enforcement officer (per agency standards) Armed with standard law enforcement officer personal defense weapon Equipped with standard law enforcement personal protective equipment Jurisdiction & authority to act in specified geographic area Mobility in specified geographic area [Sensitive information] Personnel protective equipment for operating [Sensitive information]

7.2 - Program Management Possess all attributes of patrol officer (as specified above) Agency authority to assign/schedule patrol officers Act as primary point of contact for schedule coordination Identify individuals by name in the agency proposal [Sensitive information]

8.0 - PERIOD OF PERFORMANCE:

Base year - 5 August 17 – 4 August 18 Three option years - 12 month periods 5 August 18 – 4 August 19 5 August 19 – 4 August 20 5 August 20 – 4 August 21

9.0 - SECURITY REQUIREMENTS FOR CONTRACTORS REQUIRING ACCESS TO CLASSIFIED INFORMATION

1. Security Facility Clearance Requirements. The contractor must possess or obtain an appropriate facility security clearance (Secret) prior to performing work on a classified government contract. If the contractor does not possess a facility clearance the government can sponsor the application for an FCL. The contractor shall notify the Security Manager (SM) at each operating location 30 days before on-base performance of the service. The notification shall include:

a. Name, address, and telephone number of company representatives.

b. The contract number and contracting agency.

c. The highest level of classified information which contractor employees require access to.

d. The location(s) of service performance and future performance, if known.

e. The date service performance begins.

f. Any change to information previously provided under this paragraph.

2. Personnel Non-Disclosure Requirements. Due to the sensitive nature of this contract, personnel will be required to sign a Non-Disclosure Agreement. This agreement discusses the sensitivity of the support providing and the restrictions in to perform this contract and reflect so in the DD 254. The contractor shall request security clearances for personnel requiring access to classified information within 15 days after receiving a facility clearance or, if the contractor is already cleared, within 15 days after service award.

a. Contractor personnel shall successfully complete, as a minimum, a National Agency Check with Law and Credit (NACLC), before operating government furnished computer workstations or systems that have access to Navy e-mail systems. These investigations shall be submitted by the contractor. The contractor shall comply with the DoD 5200.2-R, Personnel Security Program and SECNAV M-5510.30 Personnel Security Program, requirements.

3. Visit Request. Contractors participating in the National Industrial Security Program are required to use Joint Personnel Adjudication System (JPAS) in lieu of sending Visitor Authorization Letters (VALs) for classified visit to Department of Defense facilities and military installations.

4. Contractor Security Representative (CSR) Appointment. The contractor shall appoint a CSR for the on base long-term visitor group and provide to the Navy Command’s Security Manager (CSM) and the Contracting Officer, in writing, the name, title, address and phone number for the CSR. The CSR may be a full-time position or an additional duty position. The CSR shall coordinate security training with the CSM and provide contractor employees with training required by DoD 5200.1-R, Information Security Program Regulation and SECNAVM 5510.36, Information Security Program. The contractor CSR/FSO shall provide initial and follow-on training to contractor personnel who work in Navy controlled/restricted areas. SWFLANT restricted and controlled areas are explained in SWFLANTINST 5530.7 Series Consolidated Directive Manual.

5. Obtaining and Retrieving Identification Media. As prescribed by the SWFLANTINST 5530.7 series, the contractor shall comply with the following requirements:

a. The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on the Navy installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished identification badges above the waist unless safety is an issue while visiting or performing work on the installation.

b. During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials for any employee who no longer requires access to the area.

c. Upon completion or termination of the service or expiration of the identification passes, the contractor shall ensure that all base identification passes issued to contractor employees are returned to the SWFLANT security office. The SWFLANT security office will verify all base identification passes have been returned and/or accounted for.

6. Visitor Group Security Agreement (VGSA). The contractor shall enter into a long-term visitor group security agreement for contract performance on base. This agreement shall outline how the contractor integrates security requirements for contract operations with the Navy to ensure effective and economical operation on the installation. The agreement shall include:

a. Security support provided by the Navy to the contractor shall include storage containers for classified information/material, use of destruction equipment, classified reproduction equipment, use of classified mail services, security badging, base visitor control, investigation of security incidents, base traffic regulations and the use of security forms and conducting inspections required by DoD 5220.22-R, Industrial Security Regulation, DoDM-5200.01, Vol 1-4, Information Security Program, and SECNAV M-5510.36, Information Security Program.

b. Security support requiring joint Navy and contractor coordination includes packaging classified information, mailing and receiving classified materials, implementing emergency procedures for protection of classified information, security checks and internal security controls for protection of classified material and high-value pilferable property.

c. On base, the long-term visitor group security agreement may take the place of a Standard Practice Procedure (SPP).

7. Unescorted Entry to Restricted Areas. Prior to being issued a SUBASE badge, the contractor shall fill out all appropriate paperwork and follow all procedures to gain access to SUBASE. Once it has been established that the contractor can access SUBASE, the contractor shall submit a NACI (Standard Form SF85 and fingerprints) electronically via EQIP. This process shall be started and completed through SWFLANT SPK-52 Security Management Office. Once SF-85 is open in JPAS, temporary unescorted access may be granted for up to 90 days, or a favorable adjudication has been received. At which time, permanent unescorted access may be granted.

8. Computer Security Requirements. The contractor shall comply with SECNAV 5239 series and SWFLANTINST 5239 series when operating government computer workstations or systems. In addition to the above guidance, contractors processing classified information on government computer workstations or systems will comply with DoD M5200.01, Vol 1-4, Information Security Program, and SECNAV M-5510.36, Information Security Program.

9. Physical Security. Areas operated by contractor employees shall comply with base Operations Plans/instructions for FPCON procedures, Random Antiterrorism Measures (RAMS) and local search/identification requirements. The contractor shall safeguard all government property including controlled forms provided for contractor use. At the close of each work period, government training equipment, ground vehicles, facilities, support equipment, and other valuable materials shall be secured.

10. Controlled/Restricted Areas. The contractor shall implement local base procedures for entry to Navy controlled/restricted areas where contractor personnel will work.

Contractor personnel requiring unescorted entry to controlled or restricted areas designated by the installation commander shall comply with base access requirements.

11. Wireless Electronic Devices: No government, personal, or contractor cell phones, camera cell phones, cordless telephones, or wireless microphones, keyboards, or mice, wireless or Infrared Local Area Networks (LANs), or devices are allowed in areas where classified information is discussed, briefed, or processed. All other wireless Commercial Mobile Devices (CMD’s) not specifically addressed above, that are used for storing, and processing, and/or transmitting information shall not be operated in any SWFLANT building unless authorized by SWFLANT Commanding Officer.

12. Cellular Phone Operation Policy: Operators of government-owned and leased vehicles on or off base (including rental cars while on temporary additional duty) shall not use cell phones or other hand-held electronic devices unless the vehicle is safely parked, except for fire and emergency response or law enforcement/security purposes. POV operators may use Bluetooth (excluding in/over the ear), On-Star or other built in wireless technology. Additionally, the wearing of any portable headphones, earphones, or other listening devices while operating a motor vehicle is prohibited.

13. Operating Instructions. The contractor will adhere to the Navy activity Operating Instructions for internal circulation control, protection of resources and to regulate entry into Navy controlled areas during normal, simulated and actual emergency operations.

14. Key Control. The contractor will adhere to the Navy activity Operating Instructions control procedures to ensure keys issued to the contractor by the government are properly safeguarded and not used by unauthorized personnel. The contractor shall not duplicate keys issued by the government. All government issued keys will be turned in at the end of employment or contract.

15. Lost Keys. Lost keys shall be reported immediately to the CSR/FSO and the Navy activity that issued the keys. The government replaces lost keys or performs re-keying. The contractor will be required to complete a lost key report.

16. Government Authorization. The contractor shall ensure its employees do not allow government issued keys to be used by personnel other than current authorized contractor employees. Contractor employees shall not use keys to open work areas for personnel other than contractor employees engaged in performance of duties, unless authorized by the SWFLANT Security Manager.

17. Security Combinations. Combinations to security containers, secure rooms, or vaults are classified information and must be properly safeguarded. Only contractor employees, who have the proper security clearance and need-to-know, will be given combinations to security containers, secure rooms, or vaults. Contractor employees are responsible for properly safeguarding combinations. Contractor employees will not record security containers, secure rooms, or vaults combinations. All SF-700’s will be maintained by the SFLANT Security Office.

18. Freedom Of Information Act Program (FOIA). The contractor shall comply with DoD Regulation 5400.7-R, DoD Freedom Of Information Act Program, requirements. The regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding For Official Use Only (FOUO) material.

19. Traffic Laws. The contractor and their employees shall comply with base traffic regulations.

10.0 - Deliverables

10.1 - Reports

10.1.1 - The Contractor shall provide monthly activity reports (including number of patrols, man-hours of patrol time, and number of LERs submitted to designated SWFLANT personnel

10.1.2 The Contractor shall provide any [sensitive information] within 5 calendar days. [sensitive information].

11.0 Government Property Furnished. None provided.

12.0 Contractor Furnished Equipment. None provided.

13.0 Travel: All travel performed under this contract shall be authorized by the COR or Designated Government Representative (DGR) and billed in accordance with the Joint Travel Regulations.

14.0 Non –Personal Services: The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage and supervise its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute or are perceived to constitute personal services, it shall be the contractor’s responsibility to notify the Contracting Officer immediately

15.0 ECMARA Language: 25.2 5237.102(90) ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA) The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year.

Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

The following provisions and/or clauses apply to this acquisition. Offerors must comply with all instructions contained in:

FAR 52.212-1 ADDENDUM: Instructions to Offerors – Commercial Items

SWFLANT requests a Firm-Fixed-Price (FFP) quote by 10 JULY at 12:00 PM(EST) to provide the supplies described in this notice. The Government may consider late quotes. Contractors responding to this request must furnish a quote as described below.

Quotes shall contain the following:

1. Price quote: Provide a FFP quote for all required supplies and/or services. Any costs related to credit card fees (see paragraph 6 below), delivery costs, and handling costs, as applicable, shall be included.

2. Travel Expenses. If travel is required in support of this requirement, the contractor shall include a detailed Basis of Estimate (BOE) that is priced in accordance with the Joint Federal Travel Regulations (JFTR). Each component of the proposed travel expense shall clearly identify the date(s), location(s), duration(s), quantity of personnel, and cost for the proposed travel.

3. Specifications: Provide all specifications for the products to be provided and a statement regarding whether or not the quoter is an authorized reseller of the products identified in the RFQ, if applicable.

4. Quote Cover Letter: Provide the name, title, telephone number, and e-mail address of the company/division point of contact that can contractually obligate your company. Also, identify those individuals authorized to negotiate with the Government. Lastly, provide the company name, street address and Data Universal Numbers System (DUNS) number.

5. Exceptions to the RFQ: Identify any exceptions taken with the RFQ content and the rationale for the exceptions to the RFQ, to include any terms or conditions applicable to payment by Government Commercial Purchase Card (GCPC), if GCPC is identified as the method of payment in the RFQ.

NOTE: Exceptions to the RFQ may render the quote noncompliant and ineligible for award.

Proposals shall be e-mailed directly to spk12contracts@swflant.navy.mil, the sole designated e-mail address and inbox for submission and receipt of quotes or proposals. No other electronic means of submission, used in whole or in combination with e-mail, is permitted. E-mail quotes or proposals shall be in either Adobe or Microsoft Office 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 20 megabytes. Unless offeror proposes a shorter period, by submission of an offer, the 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.

FAR 52.212-2 ADDENDUM: Evaluation– Commercial Items

The Government shall issue a purchase order resulting from this RFQ to the responsible quoter whose quote, conforming to the RFQ, represents the Lowest-Priced-Technically-Acceptable (LPTA) quote. Technical acceptability will be based on:

1. All items requested in the RFQ are included in the quote and meet the stated specifications, and

2. The Offeror confirms it is an authorized reseller of the products identified, if applicable.

Award will be made contingent upon the Bilateral signature of the parties. The Government reserves the right to award on an all or none basis.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

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

“Civil judgment” means—

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

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

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

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

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

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

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

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another 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 stock of which 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 its stock is owned by one or more women; or

(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 electronically on the SAM website.

(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 representations 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 ORCA.]

(c) Offerors must complete the following representations when the resulting contract will 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 to paragraphs (c)(8) and (9): 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) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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…