RFQ N6523619Q0028.docx

RFQ-N6523619Q0028

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

RFQ-N6523619Q0028

Date: 17 December, 2018

1. Delivery Requirements

DPAS RATING: N/A

Delivery Via Electronic Means:

POC: Gibson Hopper, clyde.hopper@navy.mil

2. Material Description and Independent Government Estimate

CLIN

MFG

PART NO.

DESCRIPTION

UNIT OF

MEASURE

NAME

OR-

maintained at:

SPAWAR Charleston - Customer Site ID: 92704 2921 Avenue B North Bldg. 1639

BRAND NAME

N. Charleston, South Carolina 29419 Contract # 102032 Start Date: 31-Dec-2018 End Date: 30 -Dec-2019

Total:

1830480-1 1160894-4 1160941-4 783875-7 1160895-5 1160896-5 1160942-5 1160943-5 1807612-0 1807613-0 1160892-4 1160893-4 1160939-4 1160940-4 1160897-3 1160898-3 1160899-3 1160900-3 1160944-3 1160945-3 1160946-3 1160947-3 1084991-7 1317016-1 (part of 1084991) 12-12771 1084992-7 1317017-1 (part of 1084992) 12-12771 1160851-5 1160860-4 (part of 1160851) 1160861-4 (part of 1160851) 1160862-4 (part of 1160851) 1317019-3 (part of 1160851) 1160948-5 (part of 1160851) 1160857-5 (part of 1160851) 1160855-5 (part of 1160851) 1160853-5 (part of 1160851) 1317018-4 (part of 1160851) 1160852-5 1160863-4 (part of 1160852) 1160864-4 (part of 1160852) 1160865-4 (part of 1160852) 1317021-3 (part of 1160852) 1160859-5 (part of 1160852) 1160858-5 (part of 1160852) 1160856-5 (part of 1160852) 1160854-5 (part of 1160852) 1317020-4 (part of 1160852) 1160866-5 1160879-4 (part of 1160866) 1160867-5 1160880-4 (part of 1160867) 1160868-5 SupClt-03- 1160881-4 (part of 1160868) 1160869-5 SupClt-03- 1160882-4 (part of 1160869) 1160870-5 1160883-4 (part of 1160870) 1160871-5 1160884-4 (part of 1160871) 1160872-5 1160885-4 (part of 1160872) 1160873-5 1160886-4 (part of 1160873) 1160874-5 1160887-4 (part of 1160874) 1160875-5 1160888-4 (part of 1160875) 1160876-5 1160889-4 (part of 1160876) 1160877-5 1160890-4 (part of 1160877) 1160878-5 1160891-4 (part of 1160878) 1160902-5 1160911-4 (part of 1160902) 1160912-4 (part of 1160902) 1160913-4 (part of 1160902) 1317023-3 (part of 1160902) 1160901-5 (part of 1160902) 1160908-5 (part of 1160902) 1160906-5 (part of 1160902) 1160904-5 (part of 1160902) 1317022-4 (part of 1160902) 1160903-5 1160914-4 (part of 1160903) 1160915-4 (part of 1160903) 1160916-4 (part of 1160903) 1317025-3 (part of 1160903) 1160910-5 (part of 1160903) 1160909-5 (part of 1160903) 1160907-5 (part of 1160903) 1160905-5 (part of 1160903) 1317024-4 (part of 1160903) 1160917-5 1160928-4 (part of 1160917) 1160918-5 1160929-4 (part of 1160918) 1160919-5 1160930-4 (part of 1160919) 1160920-5 1160931-4 (part of 1160920) 1160921-5 1160932-4 (part of 1160921) 1160922-5 1160933-4 (part of 1160922) 1160923-5 1160934-4 (part of 1160923) 1160924-5 1160935-4 (part of 1160924) 1160925-5 1160936-4 (part of 1160925) 1160926-5 1160937-4 (part of 1160926) 1160927-5 1160938-4 (part of 1160927) 1425324-2 1425330-1 (part of 1425324) 1425331-1 (part of 1425324) 1425332-1 (part of 1425324) 1425333-1 (part of 1425324) 1425329-3 (part of 1425324) 1425328-2 (part of 1425324) 1425327-2 (part of 1425324) 1425325-2 (part of 1425324) 1425326-2 (part of 1425324) 1425334-2 1425340-1 (part of 1425334) 1425335-2 1425341-1 (part of 1425335) 1425336-2 1425342-1 (part of 1425336) 1425337-2 1425343-1 (part of 1425337) 1425338-2 1425344-1 (part of 1425338) 1425339-2 1425345-1 (part of 1425339) 12-12285 1488099-2 1488105-1 (part of 1488099) 1488106-1 (part of 1488099) 1488107-1 (part of 1488099) 1488108-1 (part of 1488099) 1488104-2 (part of 1488099) 1488103-2 (part of 1488099) 1488102-2 (part of 1488099) 1488100-2 (part of 1488099) 1488101-2 (part of 1488099) 1488109-2 1488113-1 (part of 1488109) 1488110-2 1488114-1 (part of 1488110) 1488111-2 1488115-1 (part of 1488111) 1488112-2 1488116-1 (part of 1488112) 1488218-2 1488224-1 (part of 1488218) 1488225-1 (part of 1488218) 1488226-1 (part of 1488218) 1488227-1 (part of 1488218) 1488223-2 (part of 1488218) 1488222-2 (part of 1488218) 1488221-2 (part of 1488218) 1488219-2 (part of 1488218) 1488220-2 (part of 1488218) 1488228-2 1488230-1 (part of 1488228) 1488229-2 1488231-1 (part of 1488229) 1507961-2 1507967-1 (part of 1507961) 1507968-1 (part of 1507961) 1507969-1 (part of 1507961) 1507970-1 (part of 1507961) 1507966-2 (part of 1507961) 1507965-2 (part of 1507961) 1507964-2 (part of 1507961) 1507962-2 (part of 1507961) 1507963-2 (part of 1507961) 1507971-2 1507973-1 (part of 1507971) 1507972-2 1507974-1 (part of 1507972) 1573080-1 1573086-0 (part of 1573080) 1573087-0 (part of 1573080) 1573088-0 (part of 1573080) 1573089-0 (part of 1573080) 1573085-1 (part of 1573080) 1573084-1 (part of 1573080) 1573083-1 (part of 1573080) 1573081-1 (part of 1573080) 1573082-1 (part of 1573080) 1573090-1 1573098-0 (part of 1573090) 1573091-1 1573099-0 (part of 1573091) 1573092-1 1573100-0 (part of 1573092) 1573093-1 1573101-0 (part of 1573093) 1573094-1 1573102-0 (part of 1573094) 1573095-1 1573103-0 (part of 1573095) 1573096-1 1573104-0 (part of 1573096) 1573097-1 1573105-0 (part of 1573097) 1576400-1 1576406-0 (part of 1576400) 1576407-0 (part of 1576400) 1576408-0 (part of 1576400) 1573080-1 1573086-0 (part of 1573080) 1573087-0 (part of 1573080) 1573088-0 (part of 1573080) 1573089-0 (part of 1573080) 1573085-1 (part of 1573080) 1573084-1 (part of 1573080) 1573083-1 (part of 1573080) 1573081-1 (part of 1573080) 1573082-1 (part of 1573080) 1573090-1 1573098-0 (part of 1573090) 1573091-1 1573099-0 (part of 1573091) 1573092-1 1573100-0 (part of 1573092) 1573093-1 1573101-0 (part of 1573093) 1573094-1 1573102-0 (part of 1573094) 1573095-1 1573103-0 (part of 1573095) 1573096-1 1573104-0 (part of 1573096) 1573097-1 1573105-0 (part of 1573097) 1576400-1 1576406-0 (part of 1576400) 1576407-0 (part of 1576400) 1576408-0 (part of 1576400) 1576409-0 (part of 1576400) 1576405-1 (part of 1576400) 1576404-1 (part of 1576400) 1576403-1 (part of 1576400) 1576401-1 (part of 1576400) 1576402-1 (part of 1576400) 1576410-1 1576412-0 (part of 1576410) 1576411-1 1576413-0 (part of 1576411) 1577798-1 1577804-0 (part of 1577798) 1577805-0 (part of 1577798) 1577806-0 (part of 1577798) 1577807-0 (part of 1577798) 1577803-1 (part of 1577798) 1577802-1 (part of 1577798) 1577801-1 (part of 1577798) 1577799-1 (part of 1577798) 1577800-1 (part of 1577798) 1577808-1 1577813-0 (part of 1577808) 1577809-1 1577814-0 (part of 1577809) 1577810-1 1577815-0 (part of 1577810) 1577811-1 1577816-0 (part of 1577811) 1577812-1 1577817-0 (part of 1577812) 1578217-1 1578223-0 (part of 1578217) 1578224-0 (part of 1578217) 1578225-0 (part of 1578217) 1578226-0 (part of 1578217) 1578222-1 (part of 1578217) 1578221-1 (part of 1578217) 1578220-1 (part of 1578217) 1578218-1 (part of 1578217) 1578219-1 (part of 1578217) 1578227-1 1578230-0 (part of 1578227) 1578228-1 1578231-0 (part of 1578228) 1578229-1 1578232-0 (part of 1578229) 1588816-2 1588817-1 (part of 1588816) 1665212-1 1665218-0 (part of 1665212) 1665219-0 (part of 1665212) 1665220-0 (part of 1665212) 1665221-0 (part of 1665212) 1665217-1 (part of 1665212) 1665216-1 (part of 1665212) 1665215-1 (part of 1665212) 1665213-1 (part of 1665212) 1665214-1 (part of 1665212) 1665222-1 1665224-0 (part of 1665222) 1665223-1 1665225-0 (part of 1665223) 1672166-1 1672172-0 (part of 1672166) 1672173-0 (part of 1672166) 1672174-0 (part of 1672166) 1672175-0 (part of 1672166) 1672171-1 (part of 1672166) 1672170-1 (part of 1672166) 1672169-1 (part of 1672166) 1672167-1 (part of 1672166) 1672168-1 (part of 1672166) 1672176-1 1672179-0 (part of 1672176) 1672177-1 1672180-0 (part of 1672177) 1672178-1 1672181-0 (part of 1672178) 1704890-1 1704896-0 (part of 1704890) 1704897-0 (part of 1704890) 1704898-0 (part of 1704890) 1704899-0 (part of 1704890) 1704895-1 (part of 1704890) 1704894-1 (part of 1704890) 1704893-1 (part of 1704890) 1704891-1 (part of 1704890) 1704892-1 (part of 1704890) 1704900-1 1704902-0 (part of 1704900) 1704901-1 1704903-0 (part of 1704901) 1795697-1 1795703-0 (part of 1795697) 1795704-0 (part of 1795697) 1795705-0 (part of 1795697) 1795706-0 (part of 1795697) 1795702-1 (part of 1795697) 1795701-1 (part of 1795697) 1795700-1 (part of 1795697) 1795698-1 (part of 1795697) 1795699-1 (part of 1795697) 1795707-1 1795709-0 (part of 1795707) 1795708-1License 1795710-0 (part of 1795708) 1795711-1 1795717-0 (part of 1795711) 1795718-0 (part of 1795711) 1795719-0 (part of 1795711) 1795720-0 (part of 1795711) 1795716-1 (part of 1795711) 1795715-1 (part of 1795711) 1795714-1 (part of 1795711) 1795712-1 (part of 1795711) 1795713-1 (part of 1795711) 1795721-1 1795725-0 (part of 1795721) 1795722-1 1795726-0 (part of 1795722) 1795723-1 1795727-0 (part of 1795723) 1795724-1 1795728-0 (part of 1795724) 1830466-1 1830468-0 (part of 1830466) 1830467-1 1830469-0 (part of 1830467) 1830470-1 1830481-0 (part of 1830470) 1830482-0 (part of 1830470) 1830483-0 (part of 1830470) 1830487-0 (part of 1830470) 1830478-1 (part of 1830470) 1830476-1 (part of 1830470) 1830472-1 (part of 1830470) 1830473-1 (part of 1830470) 1830471-1 1830484-0 (part of 1830471) 1830485-0 (part of 1830471) 1830486-0 (part of 1830471) 1830488-0 (part of 1830471) 1830479-1 (part of 1830471) 1830477-1 (part of 1830471) 1830474-1 (part of 1830471) 1830475-1 (part of 1830471) 1833770-1 1833776-0 (part of 1833770) 1833777-0 (part of 1833770) 1833778-0 (part of 1833770) 1833779-0 (part of 1833770) 1833775-1 (part of 1833770) 1833774-1 (part of 1833770) 1833773-1 (part of 1833770) 1833771-1 (part of 1833770) 1833772-1 (part of 1833770) 1833780-1 1833783-0 (part of 1833780) 1833781-1 1833784-0 (part of 1833781) 1833782-1 1833785-0 (part of 1833782) 1838812-0 1838813-0 (part of 1838812) 1838814-0 (part of 1838812) 1838815-0 (part of 1838812) 1838816-0 (part of 1838812) 1838817-0 (part of 1838812) 1838818-0 (part of 1838812) 1838819-0 (part of 1838812) 1838820-0 (part of 1838812) 1838821-0 (part of 1838812) 1838822-0 1838825-0 (part of 1838822) 1838823-0 1838826-0 (part of 1838823) 1838824-0 1838827-0 (part of 1838824) 1840541-0 1840542-0 (part of 1840541) 1840543-0 (part of 1840541) 1840544-0 (part of 1840541) 1840545-0 (part of 1840541) 1840546-0 (part of 1840541) 1840547-0 (part of 1840541) 1840548-0 (part of 1840541) 1840549-0 (part of 1840541) 1840550-0 (part of 1840541) 1840551-0 1840552-0 (part of 1840551)

Notes

1. Request all e-mail correspondence after award include the Contract number and Delivery Order number in the subject line of the e-mail.

2. Request status/tracking be submitted to: C. Gibson Hopper, Code 52250, 843.218.3792 or, clyde.hopper@navy.mil within 72 hrs. of receipt of Delivery Order Award.

3. Request WAWF invoices submitted to: C. Gibson Hopper, Code 52250, 843.218.3792 or, clyde.hopper@navy.mil within 72 hrs. of material shipment.

4. Evaluation Criteria:

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 requirements, is the Lowest Priced Technically Acceptable Offer. Technically acceptable for this request is defined as, a proposal which: (1) Provides pricing for the brand name part number requested; (2) Propose only the brand name part number requested; (3)Provide evidence that the offeror is an authorized reseller of the brand name manufacturer, and (4) Provide that delivery can be completed for the ordered item(s) 45 days after award.

b. All proposals will be evaluated based on LOWEST PRICE TECHNICALLY ACCEPTABLE. Alternate terms and conditions, including alternate payment terms, shall not be considered by the Government. Terms and conditions must be in accordance with this solicitation in order for the offeror’s proposal to be considered acceptable. This is in addition to the technically acceptable requirements identified in FAR Clause 52.212-2 - Evaluation - Commercial Items above.

c. Quotes will be evaluated for price reasonableness IAW FAR 13.106-3

d. A quote must be compliant with the terms and conditions of the solicitation for the offeror to be eligible for award.

QUOTES THAT DO NOT CONFORM TO THE REQUIREMENTS STATED HEREIN

MAYBE DETERMINED UNACCEPTABLE AND MAY BE REJECTED WITHOUT FURTHER EVALUATION.

4.1 Quote Requirements:

4.1 Quote Format: Quotes shall be submitted in accordance with the instructions concerning the submission of electronic quotes below.

Offerors shall submit their quotes electronically to SPAWAR Systems Center Atlantic under the instructions contained in this provision. Offerors shall submit their quotes as “PDF” documents. Quotes are due no later than 3:00 p.m. Eastern Time on Friday, 21 December 2018.

Offerors shall email their quote to the Contract Specialist, Ivone Gilliard-Brown, Ivone.GilliardBrown@navy.mil; by said date and time.

Quote must include, CAGE Code, DUNS, Expiration Date, Business Address (same must be reflected in SAM), Quote.

A concise and comprehensive submission is desired. The quote shall be sufficient to enable evaluators to make a thorough and complete evaluation, and to arrive at a sound determination as to whether the requirements of this RFQ are satisfied.

In preparing the quote, emphasis should be placed on brief, complete, and factual data. Organization, clarity, accuracy of information, relevance, and completeness are of prime importance. Statements such as “will comply” or “noted and understood" that do not include supporting narrative to define compliance are not acceptable. Cursory responses or responses which merely reiterate or reformulate RFQ language will not be considered as satisfying the requirements of the RFQ or as demonstrating the ability to perform. Government requests quotes submitted include expiration date 60 days from date of quote.

5. Award:

SPAWARSYSCEN Atlantic will award a FFP purchase order to the responsible Offeror whose offer conforms to the RFQ.

CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE:

NOV 2014

PROVISIONS INCORPORATED BY FULL TEXT:

52.207-4 -- Economic Purchase Quantity – Supplies.

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government.

(b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

OFFEROR RECOMMENDATIONS

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government’s requirements indicate that different quantities should be acquired.

52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

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

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

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

(b) The Offeror represents that—

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (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 http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

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

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

“Civil judgment” means--

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

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

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

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

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

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

(i) The Fair Labor Standards Act;

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

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

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

(vi) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

(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—

(6) 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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. “Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990. (13) The Age Discrimination in Employment Act of 1967.

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

(b)

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

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

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

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

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

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

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

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— (i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:

.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) [The offeror shall check the category in which its ownership falls]:

Black American.

Hispanic American.

Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

[List as necessary]

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

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

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

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American- Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

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

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding…