Sol_140P5124Q0001.pdf

140P5124Q0001

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

11/06/2023 0040642369

1 51

100 Alabama St., SW 1924 Building Atlanta GA 30303-8701

NPS SER EAST MABO

11/27/2024

NPS, Ft Sumter & Ft Moultrie NHP

1214 Middle Street

Sullivans Island

SC 29482

404 507-5747Edward Dingle

11/20/2023 1700 ES

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Period of Performance: 11/27/2023 to 05/27/2024

00010 Provide for the reproduction of three (3) replica 3 EA revolutionary war era cannon carriages utilizing the iron pieces from the previously used carriages. Currently only one carriage is intact.

The construction of the reproduction carriages and the shipping of materials to and from the park for the base award required under this Statement of Work (SOW). The finished carriages will be used for the permanent outdoor display of three replica Revolutionary War 18-pounder cannon tubes that weight 4,660 pounds each for Fort Sumter, and Fort Moultrie, SC per the attached statement of work (SOW).

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 51

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P5124Q0001

Product/Service Code: 3690

Product/Service Description: SPECIALIZED

AMMUNITION AND ORDNANCE MACHINERY AND RELATED

EQUIPMENT

Delivery: 11/27/2024

Period of Performance: 11/27/2023 to 11/27/2024

00020 Equipment Delivery (Cannon Carriages) for Fort

Sumter, and Fort Moultrie, SC.

Product/Service Code: V119

Product/Service Description:

TRANSPORTATION/TRAVEL/RELOCATION- TRANSPORTATION:

OTHER

Delivery: 11/27/2024

Period of Performance: 11/27/2023 to 11/27/2024

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Combined Synopsis/Solicitation for Commercial Services

FAR 12.603

Document Type: Combined Solicitation/Synopsis Solicitation Number: 140P5124Q0001 Posted Date: November 06, 2023 Original Response Date: November 20, 2023 Current Response Date: November 20, 2023 Product or Service Code: 3690 Set Aside: 100% Small Business NAICS Code: 332999

Contracting Office Address:

National Park Service Interior Region 2 South Atlanta Gulf 100 Alabama St. SW, Building 1924, 5th Floor Atlanta, GA 30303

Description:

This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format outlined in FAR Subpart 12.6. Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

The National Park Service, Interior Region 2 South Atlanta Gulf has a requirement to provide for the reproduction of three (3) replica revolutionary war era cannon carriages utilizing the iron pieces from the previously used carriages. Currently only one carriage is intact. The construction of the reproduction carriages and the shipping of materials to and from the park for the base award required under this Statement of Work (SOW). The finished carriages will be used for the permanent outdoor display of three replica Revolutionary War 18-pounder cannon tubes that weight 4,660 pounds each for Fort Sumter, and Fort Moultrie, SC. This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-05 dated 22 September 2023.

The associated North American Industrial Classification System (NAICS) code for this procurement is 332999 - All Other Miscellaneous Fabricated Metal Product Manufacturing, with a small business size of 750 employees. The Product Service Code (PSC) is 3690: Specialized Ammunition and Ordnance Machinery and Related Equipment.

The contractor must have current Representation and Certifications in SAM.gov, submitted with quote.

The Government contemplates the award of a single Firm-Fixed Price Contract using the best value

– Lowest Priced Technically Acceptable (LPTA) source selection procedures. All eligible and responsible sources may submit a quote, which if timely received, shall be considered by the Agency. Companies must have valid Unique Entity Identifier and be registered with System for Award Management (www.sam.gov). SAM.gov offers free services. An offeror must ensure that they are self-certified under NAICS Code 332999 in the Representations and Certifications portion of SAM.gov. The basis of award is the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Award will be made to the responsible respondent pursuant to FAR subpart 9.1.

The APPROXIMATE period of performance is anticipated to be 27 November 2023 through 27 November 2024.

STATEMENT OF WORK

Replace Three 18 Pounder Cannon Carriages at Fort Moultrie

Fort Sumter and Fort Moultrie National Historical Park National Park Service

October 2023

SECTION 1—STATEMENT OF WORK INTRODUCTION

1.1. Project Location and Identification

1214 Middle Street Sullivan's Island, SC 29482

1.2. Site Background

Fort Moultrie (FOMO) is situated on Sullivan’s Island about one mile northeast of Fort Sumter. It is the site of the first major patriot victory during the American Revolution and is representative of more than 170 years of American coastal defense. Located near the entrance of Charleston Harbor, the first palmetto log fort was hastily constructed and on June 28, 1776, under the command of Colonel William Moultrie, defenders at the fort successfully repelled the British naval invasion.

1.3. Required Services

The purpose of this contract is to provide for the reproduction of three (3) replica Revolutionary War era cannon carriages utilizing the iron pieces from the previously used carriages. Currently only one carriage is intact. The construction of the reproduction carriages and the shipping of materials to and from the park for the base award required under this Statement of Work (SOW).

The finished carriages will be used for the permanent outdoor display of three replica Revolutionary War 18-pounder cannon tubes that weight 4,660 pounds each.

Base supplies and electives items are detailed later in this SOW.

The Contractor shall provide all project management, labor, tools, equipment, shipping, transport, and materials required to execute the work as described in this SOW. The work area and work requirements for this contract are described herein.

1.4. Current Condition

The existing cannon carriages were constructed of wood and have since deteriorated and been removed from service. The cannon tubes are being stored in the maintenance area at the park. The original carriages were constructed of solid wood pieces. All metal parts were custom fabricated and treated prior to painting. Replacement reproduction carriages will require similar quality and attention to detail.

1.5. Attachments

ATTACHMENT A. – MATERIALS AND ASSEMBLY SPECIFICATIONS

ATTACHMENT B. - CARRIAGE DRAWINGS

ATTACHMENT C. - CARRIAGE PHOTOS

1.6. Contractor Responsibilities:

1.6.1. Contractor shall provide documentation of five (5) years demonstrated expertise and success in the manufacture, repair, or rehabilitation of Civil War or Revolutionary era cannon carriages.

1.6.2. Contractor shall provide necessary project management, labor, tools, equipment, shipping, transport, and materials and insurance, to perform work to reproduce and install THREE (3) field style cannon carriages.

1.6.3. Contractor should conduct on site visit to inspect current work conditions and to take accurate measurements and documentation of existing carriages and tubes to accurately reproduce carriages. Design/construction drawings are encouraged for NPS review and acceptance prior to the commencement of carriage construction. As-built design drawings will be submitted at the completion of work. NPS will provide examples of cannon carriage drawings of period cannon carriages for guidance to contractor.

1.7. Quality Assurance

A. All materials and methods used for this contract must meet or exceed the current local, state, and federal codes, standards, and regulations applicable to the contract work which includes the Secretary of the Interior Standards for Treatment of Historic Properties.

B. All personnel performing work under this contract shall be trained and skilled in the trades required to complete the contract requirements.

C. The contractor and/or subcontractor for this work shall demonstrate competence in carpentry and/or ironwork. All subcontractors shall be approved by the CO prior to starting work.

1.8. Project Tasks for Base Supplies and Electives

Necessary base supplies are divided into three primary tasks that are noted below and detailed in Section

2.1 of this document. Contractor shall successfully complete each task to the satisfaction of the COR.

Additional items are also included as ELECTIVES that may be exercised in addition to the tasks associated with the base supplies. These electives also are detailed in Section 2.1 of this document.

Below is a summary of base bid and all electives quantities:

Base bid –

Contractor shall provide necessary project management, labor, tools, equipment, shipping, transport, and materials and insurance, to perform work to reproduce and deliver three (3) field style cannon carriages.

Elective 1 –

Contractor shall assemble cannons on their new carriages at the fort. This will include hoisting cannon tubes and placing them on the new carriages. An agreed upon safety plan and work schedule will be established with the NPS prior to delivery/assembly.

1.9. Government Furnished Property, Materials, & Supplies

The Government shall provide:

A. Access to work site locations within the park Monday through Friday, 7:00 am to 4:30 pm, barring Federal Holidays. Schedule shall be arranged in advance.

B. Cannon carriage construction drawings, photographic images, and access to park documents related to cannon/carriages as necessary to ensure accurate reproduction carriages.

1.10.Work Restrictions

1. WORK HOURS: Work may be performed on-site between 7:00 am to 4:30 pm Monday through Friday except for Federal holidays. This is for cannon installation work. Construction of carriages must primarily take place off-site.

2. TERM OF CONTRACT: The term of this contract is for 365 calendar days (12 months) from the date of award.

1.11.Management

The Contractor shall manage the total work effort in accordance with effective and efficient management principles and safe working practices to ensure on-time completion of this contract.

1.12. Safety & Environmental Compliance

A. The Contractor shall comply with pertinent provisions of the Occupational Safety and Health Act (OSHA), state, and local safety laws and regulations.

B. The Contractor shall comply with pertinent local, state, and federal environmental protection laws and regulations.

C. The Contracting Officer has the authority to issue restraint or cease-and-desist orders to the Contractor when violations or unsafe acts are present and threaten Government and Contractor employees or damage to Government property.

D. The Contractor shall immediately report to the COR all accidents resulting in employee injury or death or damage to property while performing this contract.

1.13. Insurance

The Contractor shall be insured, and insurance will be valid for work provided. The Government is not responsible for damage to Contractor’s equipment, vehicles, tools or materials or their employees and the personal property brought on-site. The government will not accept any liability due to contractor employee negligence.

A. WORKERS COMPENSATION: The Contractor shall furnish proof of workers compensation insurance to the Contracting Officer for those employees performing work related to this contract and shall comply with the Workman’s Compensation Laws.

B. LIABILITY: The Contractor shall maintain a level of insurance that will protect the Contractor and the Government from any claims as a result of bodily injury (including death) and property damage which may arise from and during the performance of this contract and shall submit proof of insurance to the Contracting Officer.

1.13. Field Verification

The cannon/carriages conditions (situation analysis) are approximate and provided for information only.

The Contractor shall verify work conditions and design specifications to reproduce the cannon carriages.

1.14. Replacement of Contractor Employee for Security Reasons

The Government retains the right to request removal of the Contractor’s employee(s), regardless of prior clearances.

1.15. Inspection

The COR will conduct inspections periodically (via electronic communication, pictures, drawings, or visit to contractor site) and upon completion of the required supplies. Final payment will be processed upon confirming that all noted contractor performance deficiencies have been satisfactorily corrected.

1.16. Contractor’s Documentation Deliverables and Submittal Procedures

No material or other items requiring the Contracting Officer’s approval shall be ordered, delivered, or used for the contract work until the Contractor receives approval from the Contracting Officer.

Unless otherwise instructed by the Contracting Officer, send material and other items requiring approval to the Contracting Officer or designee. Forward related material as a package. Reference the contract number on each submittal. Allow 14 days for review and approval.

The Contacting Officer will indicate in writing the approval or disapproval of each submittal, the reason for any disapproval, and any resubmission requirements. One (1) of each approved submittal will be stamped and returned to the Contractor unless otherwise requested.

The following deliverables are to be submitted upon acceptance of offer:

A. Description of work plan activities, schedule of values, and schedule to perform required delivery and assembly.

B. Contractor safety plan/accident prevention plan.

C. Inventory – the contractor shall be responsible for inventorying which metal elements are to be reused and which are to be replaced and submit to the NPS for

D. Material submittals for the following:

• Lumber – seasoned white oak

• Linseed oil

• New custom metal hardware

• Approval

• Paint

• Media used for media blasting

SECTION 2 - SUMMARY OF WORK (SOW) Details

2.0. SUMMARY

This Section includes the following:

• Work covered by the Contract Documents

• Contractor use of premises

• Public use of site

• Work Schedule

• Deliverables

2.1. WORK COVERED BY CONTRACT DOCUMENTS

PROJECT TASKS FOR BASE SUPPLIES AND ALL ELECTIVES—Manufacture carriages for display at FOSU.

TASK 1: Contractor shall provide shipping and handling services of needed onsite material including, but not limited to all ironwork associated with two (2) carriages and one (1) intact carriage to contractor’s specified location to be coordinated with COR.

TASK 2: Media blast all iron pieces.

TASK 3: Reproduce all contracted cannon carriages for display at FOMO.

Contractor shall submit documentation of material specifications of highest quality and longest lasting materials as part of this task. Carriages are displayed outdoors in a variety of weather conditions and UV exposure.

Material and specifications will include drawings, type and treatment of wooden components, all metal will receive a minimum of three coats of paint. (One primer and two overcoats) The first coat shall be that of rust remediating primer. The second and third coat shall be of a rust inhibitive topcoat, semi-gloss black for all traditionally metal components; Submittal will be required for all materials.

TASK 4: Deliver completed reproduction carriages to FOMO. Contractor shall deliver enough paint to touch up any scratches that occur during cannon tube placement and relocation of cannons into permanent location at the fort.

ELECTIVE 1: Contractor will at this time assemble cannon tubes to the carriages in the exhibit location outside of Fort Moultrie. Contractor is responsible for hoisting cannon tube on to new carriage. This task requires moving cannon tubes from the maintenance yard to the exhibit locations and lifting cannon from ground and setting on new carriage for permanent installation. At the end of the contract all new carriages will have tubes mounted on them. Safety requirements to be included in contractor safety plan.

CONTRACTOR USE OF SITE

General: Contractor shall have full use of the areas designated for assembly operations. Contractor's use of the areas designated for assembly are limited only by the Government's right to perform work or to retain other contractors on portions of Project. For this project, on-site activities are only permitted during installation of cannon carriages. Storage of Materials: Confine storage of materials to areas designated by the CO and approved by COR at meeting. The National Park Service is not responsible for safety of stored materials or tools. The park will be open to the public during project. For this project, on-site storage is only permitted during installation of cannon carriages.

PUBLIC USE OF SITE

Contractor shall at all times conduct operations to ensure the least inconvenience to the visiting public.

FOMO may be open to the public during carriage installation, therefore appropriate safety measures must be taken during hours of operation. Partial Government Occupancy: The government may access the designated areas retrieve necessary supplies and equipment, for security purposes, and to inspect work, and the government will have access to FOMO during the period of assembly, NPS staff offices and public viewing.

WORK SCHEDULE

The contractor shall complete all on-site assembly work within twelve months of contract award. A schedule will be established during the first meeting. All work shall be completed, and final deliverables submitted within 365 days after award document is distributed. Holidays and weekends: No on-site work will occur on Federal Holidays or weekends. This site work is for cannon installation work only.

Manufacture of carriages must primarily take place off-site.

DELIVERABLES

• Delivery and installation of three (3) replica Revolutionary War cannon carriages for 18 pounder cannon tubes that weight 4,660 pounds at their exhibit location.

• As-built drawings for carriages based on accepted quote.

ATTACHMENT A – MATERIALS AND ASSEMBLY SPECIFICATIONS

Materials

General:

• All materials and coatings utilized shall be rated for outdoor use. Cannons and carriages remain outdoors year-round and are subject to harsh environments and rapidly fluctuation conditions.

Wood Components:

• Wooden Carriage body – solid White Oak (no laminated or glued components) o New lumber shall be solid white oak and be aged and cured appropriately to receive linseed oil treatment.

• All carpentry work may be completed with modern means and methods but must be in a fashion that is representative of Revolutionary War era cannon carriages.

• All wooden components shall be prepared for coatings. Wood should be sanded and oiled with an appropriate coating applied in accordance with manufacturers specifications.

Metal Components:

• Where rehabilitation/reuse of existing materials is not feasible or prudent, use new materials.

o New iron and steel shall be forged/fabricated to appropriately replicate Revolutionary

War era blacksmithing.

• Contractor shall forge or have fabricated new metal components appropriately and, in a fashion reminiscent of Revolutionary War era blacksmithing. New means and methods may be utilized, but the appearance should be that of the time period.

o Existing iron and steel to be reused shall be cleaned, prepped, painted, and used in the fabrication of the wooden carriages.

Special Features:

• All hardware that is not part of the wooden carriage shall be constructed from either steel or ductile iron.

• All small hardware shall be attached with stainless steel fasteners.

Exterior Finishes:

• All metal components and hardware are painted with a high-performance primer and two coats of semi-gloss black and rated for outdoor use.

• Wooden components receive linseed oil treatment.

Assembly

All components should be assembles utilizing appropriate means, materials, and methods to reproduce the look of a Revolutionary War era cannon carriage. Modern methods may be allowed with specific written approval by the Contracting Officer.

• Wheels should be tight and straight.

o The axle shall be greased prior to delivery

• Elevation screws should be lightly lubricated.

ATTACHMENT B – CARRIAGE DRAWINGS

(Large files to be sent for better viewing.)

ATTACHMENT C – CARRIAGE PHOTOS

All interested companies shall provide quotes for the following:

Equipment Fabrication and Delivery:

LINE ITEM 00010: Provide for the reproduction of three (3) replica revolutionary war era cannon carriages utilizing the iron pieces from the previously used carriages. Currently only one carriage is intact. The construction of the reproduction carriages and the shipping of materials to and from the park for the base award required under this Statement of Work (SOW). The finished carriages will be used for the permanent outdoor display of three replica Revolutionary War 18-pounder cannon tubes that weight 4,660 pounds each for Fort Sumter, and Fort Moultrie, SC. per the Statemen of Work (SOW). $ _________________

LINE ITEM 00020: Equipment Delivery (Cannon Carriages) for Fort Sumter, and Fort Moultrie, SC. $ _________________

TOTAL: $_________________

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 52.204-18 52.204-27

Commercial and Government Entity Code Reporting Commercial and Government Entity Code Maintenance Prohibition on a ByteDance Covered Application

AUG 2020

AUG 2020

JUN 2023

52.212-1 Instructions to Offerors--Commercial Items MAR 2023 52.212-4 Contract Terms and Conditions--Commercial Items DEC 2022 52.232-39 52.232-40

Unenforceability of Unauthorized Obligations Providing Accelerated Payments to Small Business Subcontractors

JUN 2013

MAR 2023

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (NOV 2021)

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

(i) Price

(ii) Technical Ability: Provide a project narrative that demonstrates how the company will successfully meet the needs per the specifications

(iii) Past Performance: Prior experience is the factual documentation or narrative of a firm’s experience, qualifications, and capability, to meet the acceptability standard provide three examples of if similar size, scope, and complexity

Technical and past performance, when combined, are equal when compared to price.

(b) Options. Reserved

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (DEC

2022)

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 http://www.sam.gov/portal 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--http://www.dol.gov/fairpayandsafeworkplaces

(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.

http://www.osha.gov/dcsp/osp/approved_state_plans.html

“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 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 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 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 https://www.acquisition.gov/ 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) 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.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) 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 offeror shall list as 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.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[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.