Combined_Synopsis_-_Dive_Services.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 N6470919R0031; this solicitation is a request for quotation (RFQ).

This notice a total set-aside for small businesses. The North American Industry Classification System (NAICS) code is 561990. The Federal Supply Class (FSC) is F999.

STATEMENT OF WORK

1. GENERAL INTENTION. Work includes providing all labor, materials, management, supervision, expertise, and equipment necessary to complete the work listed in the Statement of Work below. Except as provided elsewhere in this contract, all work shall comply with applicable State, local and Federal laws and regulations, industry and construction codes and standards, manufacturer’s specifications and recommendations, and all contract special provisions, terms and conditions.

2. LOCATION. Site VI at Kings Bay Naval Submarine base Kings Bay GA, 31547.

3. Reference Specification: N/A

4. SCOPE OF WORK

4.1 GENERAL DESCRIPTION: The job scope shall consist of the following: Contractor shall remove and dispose of all floating debris in, around, and under the A Dock Berth A1, Dock B, Dock C, Dock D, and SUBASE Dock at SUBASE Kings Bay. Debris can be reeds, wood, or other material trapped around and under the docks. Estimated area to be cleaned is approximately 6,000 square feet.

1. Requirement for dive services for removal and disposal of all floating debris caught in, under and around the A Dock Berth A1, Dock B, Dock C, Dock D, and SUBASE Dock at SUBASE Kings Bay. All dives need to be coordinated with the government representative. Requirement is for four (4) dive events with the first being conducted soon after award date followed by an additional three (3) dive events as needed and coordinated with the government representative. All dives subject to U.S. Army Corps of Engineers Safety and Health Requirements, EM385-1-1. Vessels may be present and moored to the docks at time of dives. If vessels are present, remove debris trapped around the vessels.

Exhibit 1

Exhibit 2

Exhibit 3

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

SWFLANT requests a Firm-Fixed-Price (FFP) proposal/quote by 04April at 1:00PM (EST) to provide the services/supplies described in this notice. The Government may consider late quotes. Contractors responding to this request must furnish a quote as described below.

The proposal must demonstrate an understanding of and ability to meet all of the requirements set forth in the Statement of Work (SOW) referenced herein. Throughout the proposal, the Offeror shall provide sufficient detail to substantiate the validity of all statements. The Offeror shall demonstrate that the Proposal complies with the requirements, terms, and conditions of the solicitation. General statements that the Offeror can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or paraphrasing the solicitation’s requirements in whole or in part, will NOT constitute compliance. Failure to conform to any of the requirements of the solicitation may form the basis for rejection of the Proposal.

Brochures are not desired; clarity, completeness, and conciseness are essential and the overall quality of the proposal will be evaluated in the context of being representative of the Offeror’s services. An Offeror’s proposal is presumed to represent the best efforts to respond to the solicitation.

Since only the proposal submitted in response to this solicitation will be evaluated, Offerors should make certain that their Proposal is complete with regard to the information provided. Data previously submitted, or presumed to be known, e.g., previous projects performed for the Government, will not be considered in the evaluation unless that information is physically contained in the Proposal.

Offerors are advised that the Government may selectively verify any information provided in the proposal. Offerors are cautioned that they are responsible to ensure that material that they desire to have evaluated for a particular section is contained in that specific section.

SUBMITTAL INSTRUCTIONS:

Proposals may be only e-mailed directly to spk12contracts@swflant.navy.mil, the sole designated e-mail address and inbox for receipt of e-mail submissions. No other electronic means of submission, used in whole or in combination with e-mail, is permitted.

E-mail 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. To be timely, an e-mail proposal must be received in its entirety in the designated E-mail inbox by the due date and time for proposal submission. An e-mail proposal that resides on a Government server, but has not appeared in the designated e-mail inbox by the due date and time for proposal submission will be considered late unless the exception at FAR 52.212-1(f) (2) (i) (A) applies. The exception at FAR 52.212-1(f) (2) (i) (B) shall not apply to e-mail proposals. 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.

Solicitation Documents

Proposal Cover Letter: The following information shall be provided on the Proposal cover letter:

Authorized Offeror Personnel: Provide the name, title, telephone number, facsimile number, and e-mail address of the individual who can contractually obligate your company. Also, identify those individuals authorized to negotiate with the Government and who can answer questions regarding your proposal.

Company/Division Street Address: Provide company/division’s name, street address, county and facility code, size of business (small), and labor surplus area designation.

Exceptions to the RFP (if applicable): Offerors are to detail clearly any exceptions taken and the rationale for the exceptions taken to the RFP in this section. Please note that exceptions taken to the RFP may render the Offeror’s Proposal unacceptable to the Government.

FAR 52.212-2 ADDENDUM: Evaluation– Commercial Items

The Government shall issue a contract 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.

Award Notification

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.

1 SWFLANT GENERAL WORK REQUIREMENTS

** Note: The Contractor shall strictly adhere to all applicable requirements stated in this “SWFLANT General Requirements” section. **

1.4.2 A Hot Work Permit is required for any use of a device which produces open flame, sparks, or heat in excess of 288 degrees F and is conducted in a SWFLANT facility or area designed or modified to accommodate such work. Examples of operations that require a Hot Work Permit include welding, cutting, grinding, soldering, brazing, explosive-actuated tool use, hot tar operations, and open burning. Hot work permits are required for tools listed above that are power operated as well as battery and pneumatic driven. The Contractor must have in his possession a serviceable fire extinguisher and a co-worker available to act as a fire watch in order to obtain a Hot Work Permit.

1.4.3 Hot Work Permits can be obtained by contacting the SPK Safety Office at 912-573-4058 between the hours of 0700 – 1600 M-F, after hours and holidays by the SWFLANT Command Duty Officer (CDO) via the Inert Component Control Building (ICCB) Weapons Control Center (WCC) at 912-573-4110.

1.4.4 A separate permit has to be approved and issued to the Contractor by the SPK Safety Office (x4058) in order to bring spark-producing, open flame devices and equipment into the SWFLANT Restricted Areas.

1.4.5 The SUBASE Kings Bay Fire Department has to approve all open flame work at the job site on a daily basis.

2. USE OF ELECTRIC POWER TOOLS WITHIN SWFLANT:

2.1 The use of power tools for Hot Work and other processes need to meet certain requirements for use at SWFLANT. Power tool usage shall comply with chapter 11 of SWFLANTINST 5100.4(series). Additionally, power tools must be Underwriters Laboratories (UL) Listed. Power tools may be single or double insulated. The tool’s plug on the power cord must have three (3) prongs, to include a ground. This is required, even if the power tools are double insulated.

2.2 Extension cords may be used if the cord of the power tool will not safely reach the work area. Only one (1) extension cord may be used for each tool. The use of multiple extension cords in succession or “daisy chained” is not authorized. If a single extension cord is used, a GFCI pigtail must be used with the tool.

2.3 Power tools must be inspected to be of good working condition prior to use. If damage is discovered such as the casing of the tool is cracked or broken, or if the power cord or plug is damaged, the power tool must be removed from service and replaced. No repairs or alterations may be made to a tool unless it is done by the original manufacturer. Splices made to a cord for purposes such as making the cord longer or to make a repair is not authorized.

2.4 Power tools shall not be used in any operation involving ammunition and explosives or in locations containing explosives unless specifically authorized and covered by a Standard Operating Procedure (SOP). When the use of power tools is authorized for specific operations, the requirements and conditions applicable to that use shall be completely and explicitly defined in the SOP.

3. LOCKOUT AND TAGOUT:

3.1 Lockout all energy sources capable of being locked out prior to facility maintenance involving energized circuits and servicing or maintenance of machinery or equipment. This applies to all SWFLANT facilities, machinery or equipment that requires lockout/tag out for mechanical, hydraulic, pneumatic, chemical, thermal, electrical, radioactive or other energy source. Only authorized employees shall conduct lockout/tag out procedures. Notify the BGL that a lockout/tag out process will begin. In the absence of the BGL, notify the Command Duty Officer (CDO) who shall notify the BGL prior to the next regular work shift. CDO may be contacted through the Weapons Control Center (WCC) at extension 4110. The BGL will notify all personnel affected that a lockout/tag out is about to begin. This includes all persons normally using the equipment and others in the area.

3.2 Complex lockout/tag out procedures are required where one or more of the following situations exist: multiple energy sources or multiple equipment users, specific sequences are required for energy isolation, one authorized, employee shall be specifically appointed as the primary authority with overall responsibility to assure that all energy sources are under lockout/tag out control, primary authority employee must have a written plan, to account for all persons exposed to electrical hazards during lockout/tag out periods, and primary authority shall install locks and tags or direct installation.

3.3 Contracts shall require the contractor to submit a copy of the company’s lockout/tag out program for review where government employees may be at risk. The contractor is responsible to ensure the safety of government employees when government employee access is required. Joint contractor and SWFLANT lockout/tag out operations shall be handled the same as normal complex lockout/tag out operations. Primary authority may be either contractor or SWFLANT personnel. Outside contractors shall be informed of equipment hazards and isolation methods when working on SWFLANT equipment. Contractor employees performing maintenance in SWFLANT buildings shall report all lockout/tag out actions to the BGL. In the absence of a BGL, the Command Duty Officer shall be notified. The Command Duty Officer shall notify the appropriate BGL as soon as possible on the next scheduled working day.

3.4 Contractor authorized employees shall use locks and tags supplied by their employer. Lockout and tag out devices shall be standardized and readily identifiable as lockout and tag out devices and shall not be used for other purposes. Locks shall have only two keys each, one held by the authorized employee performing the maintenance and the other by their supervisor. Locks shall be uniform with no two locks keyed alike.

3.5 SWFLANT Safety shall approve all applications for tag out only in lieu of lockout and tag out in SWFLANT controlled buildings and processes that would involve/affect SWFLANT personnel/facility.

4. SWFLANT is a Mercury Exclusion Area. All items containing mercury or mercury compounds are to be reported to the SWFLANT Mercury Control Officer of the SPK Safety Office (x4058), prior to their introduction or use at SWFLANT. Upon approval for use on-board SWFLANT by the SWFLANT Mercury Control Officer, items containing mercury or mercury compounds will be controlled in accordance with SWFLANTINST 5100.4(series).

5. Submit Material Safety Data Sheets (MSDS) of all chemicals to be used during the course of this project to the Contracting Officer. Work shall not begin until required documentation is provided and approved for use by the Contracting Officer. NO PAINT CONTAINING LEAD SHALL BE PERMITTED FOR USE AT THE NAVAL SUBMARINE BASE, KINGS BAY, GEORGIA.

6. SWFLANT HAZARDOUS WASTE PROGRAM: The Hazardous Waste Program to be followed is the SUBASE Environmental Hazardous Waste Program as outlined in the Visiting Contractor/Shipyard/Vessels Hazardous Waste Management Guide.

7. Ozone Depleting Chemicals (ODCs): Public Works Environmental is the point of authority on Ozone Depleting Chemicals for construction projects.

8. No field welding shall be performed at any SWFLANT ordnance building except during scheduled Production Interference Job (PIJ) Periods, and a hot work permit shall be obtained before any open flame work (welding, torch, etc.) can be performed anywhere within SWFLANT. Contact SPK Safety Office (x4058) for hot work permits.

9. Unless identified otherwise on the A/E drawings, no existing members shall be modified without the written consent of the Contracting Officer.

10. Reproduction of structural drawings for use as shop drawings will not be permitted. Shop drawings shall clearly indicate dimensions that serve as the basis for detailing, as well as any proposed deviations from the plans or specifications. Shop drawings shall be checked and approved by the Contractor prior to being submitted to the Contracting Officer, if not, they will be returned without review. No fabrication of structural steel shall be initiated without approved shop drawings stamped by the Contracting Officer.

11. Materials shall be new and delivered to the site in the original, sealed containers or packages and bear the manufacturer’s name and brand designations. Material shall be packaged, stored, handled and installed in a manner to protect them from all damage and the environment during the entire construction period. The Contractor at no additional cost to any parties shall replace all damaged materials.

12. The Contractor shall notify the Contracting Officer if any grounding/lightning protection cables or other utilities are uncovered and/or damaged.

13. CONFINED SPACE ENTRY SAFETY: Please contact SWFLANT ESS Technicians @ 912-573-4147/4149 for proper directions on accessing secure manhole covers (i.e. welded/locked). Upon completion of work, contact the SWFLANT ESS Technicians to ensure the manhole covers are secure in strict accordance with SWFLANT Instruction 8126.6.

14. SAFETY AND HEALTH REQUIREMENTS: In performing the contract, the Contractor shall provide for protecting the lives and health of employees and other persons and for preventing damage of property, materials, supplies and equipment in accordance with the latest revision of the U.S. Army Corps of Engineers "Safety and Health Requirements Manual" (EM 385-1-1).

SWFLANT SECURITY INFORMATION

2.0 CONTRACTOR ACCESS REQUIREMENTS

2.1 Access to SWFLANT (Controlled, Limited, and Waterfront Area) will be controlled by the following means in addition to all requirements for entering SUBASE Kings Bay.

2.1.2 Limited Area access will require that the contractor be escorted by personnel who have escort privileges within the SWFLANT Limited Area. Escorts must be employed by a Cleared Facility engaged in a related classified contract and possess a final granted Confidential (or greater) clearance. The contractor performing the work may not subcontract for escorts. A Non-Cleared Contractor (dictated by DD254 Facility Clearance) may NOT hire escorts for the SWFLANT Limited Area. If a Non-Cleared Contractor requires access to the SWFLANT Limited Area, it will be the responsibility of the Government to arrange the appropriate escorts.

2.2 Vehicle Passes Required to Enter SWFLANT Areas (i.e. Controlled Area, Waterfront Area and Limited Area): The Contractor will have to fill out the appropriate paperwork and obtain SWFLANT vehicle passes before entering any SWFLANT area. Vehicle Pass Request Forms can be obtained from the Contracting Officer or the security clerks located in the front main entrance of the Engineering Services Building (ESB, Bldg. No. 6005). Inform the security officers which building(s) you will need access to with your vehicle(s). The driver(s) of the vehicle(s) will fill out the appropriate vehicle pass request forms. The Contracting Officer will sign-off, authorizing the need for the passes. Submit Vehicle Pass Request Forms to the Contracting Officer a minimum of three (3) business days before arrival. The Contracting Officer will submit the Vehicle Request Forms to SWFLANT Security. The SWFLANT SPK-50 Security Office will review and approve the request and passes will be issued. Please have current registration, valid driver’s license, valid rental agreement, and proof of vehicle insurance information available when picking up vehicle passes from the security clerks located in the ESB. Personal vehicles will not be allowed in the SWFLANT areas, only vehicles (including rentals) that are registered under a reputable company name; keep the number of vehicles entering the SWFLANT areas to a minimum.

3.0 SPECIAL SECURITY PROCEDURES

The following added security procedures shall be adhered to while in SWFLANT Areas. Violation of any of these rules will result in the employee’s badge being withdrawn and may result in his permanent removal from SUBASE property.

3.1 Explosive laden vehicles are identified by explosive placards. Do not pass vehicle convoys or vehicles that are identified by explosive placards; stay a minimum of 150 feet behind explosive laden vehicles. When met by convoy, pull off the road and turn off vehicle until convoy passes.

3.2 Within the SWFLANT areas smoking is not allowed except in designated areas for this purpose. No smoking is allowed in motor vehicles.

3.3 No radio transmission is allowed within the SWFLANT Controlled, Limited, or Waterfront Areas without prior approval from the SPK Safety Office, (912) 573-4058. Radio transmission includes cellular phones and all other devices using radio wave transmission. [Citizens Band (CB) and HAM radios will not be authorized on base]. A HERO sticker will have to be issued and placed on the phone by the SPK Safety Office (x4058) prior to use.

3.4 Upon entering any building in the SWFLANT Area, you must first check in with the Building Group Lead (BGL).

3.5 No heat or spark-producing devices, lighters or matches or work such as drilling, grinding, burning, soldering, brazing, welding, explosive actuated fasteners, or use of open flame is allowed in any SWFLANT Area without first obtaining a hot work permit; see paragraph ___ : SWFLANT General Requirements for additional details.

3.6 Cameras (including cameras integrated into cell phones, blackberries, PDAs, etc.) are NOT allowed in the ESB (6005), SWFLANT Controlled, Limited, or Waterfront Areas. Unauthorized cameras and film will be confiscated.

3.7 All personnel and vehicles are subject to search by SUBASE Kings Bay Security or Marine personnel. If challenged by Marine personnel keep your hands in sight and follow instructions. Compliance with direction is mandatory. Disagreements with Marine sentry personnel actions or directions may later be brought to the attention of the SWFLANT Security Officer for proper resolution.

3.8 Fuels and oils must be in approved containers and may not be left overnight in the Production Areas. This does not apply to fuel in manufacturer’s standard truck or equipment tanks.

3.9 In the event of an emergency such as a fire or accident, call for help by using the following emergency numbers: From a land line, dial 911-Fire, Ambulance and Security Police; the emergency number from a cellular phone is (912) 573-4444. If there is a fire and/or casualty involving explosives in your building and you hear a verbal warning or a continuous sound on the fire alarm, leave the building immediately, report to the COR or Building Group Lead for further instructions.

CLAUSES INCORPORATED BY REFERENCE

52.233-4

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…