Sol_140P5124Q0019.pdf

140P5124Q0019

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

05/01/2024 See Schedule

1 45

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

NPS SER EAST MABO

Multiple

NPS, Ft Sumter & Ft Moultrie NHP

1214 Middle Street

Sullivans Island

SC 29482

404 507-5747Edward Dingle

05/06/2024 1300 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Period of Performance: 05/13/2024 to 03/31/2025

00010 Emergency HVAC Rental Unit for Fort Sumter Liberty Sqaure Visitor Center that will include the following per the attached statement of work:

Task 1 - Provide and Place Rental Chiller, Including Associated Repair Service

- Provide rental chiller unit according to Period of Performance

- Removal of shrubbery and minor ground leveling will be coordinated with the NPS. The NPS will be responsible for their removal.

- Place rental chiller on a platform on the ground level on the Southeast side of the 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 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P5124Q0019 building near the sanded pedestrian walkway.

- System will require the ability to connect/disconnect for mobilization/demobilization and hurricanes/large severe weather events.

Task 2 - Modify Existing System to Accept Rental

Chiller

- Modify existing chilled water lines in third floor mechanical room to accept new equipment, bypassing non-functioning chiller unit.

- Install new electrical transformer to ensure proper power availability. Power cable will be tied into a 208V 3Ph to 480V step up converter and then tied into existing electrical panel in the third story mechanical room by licensed electrician according to applicable codes.

- Chiller loop and electrical power lines will be installed from the ground level, through metal louvers, and into the machine room.

- Cold water chiller loop lines and 480V power cable to be surface mounted along the Southeast wall traveling vertically, through existing louvers on the third story of the visitor center.

-Lower 2 slats of the louver to be removed and entry hole to be cut through existing mesh backing for entry and exit of chiller lines and power cable. Size/Location of entry hole TBD by contractor and coordinated with the NPS

Contracting Officer's Representative prior to modification.

- Cable clamps will be used and drilled into the brick to secure water and power lines from any inclement weather.

- Provide protection for power and chilled water loop ends at the ground level when not in use

(off-season).

- All incidental materials required to fulfil this requirement (hoses, lines, brackets, transformer, etc.) excluding the portable chiller unit will be the property of the NPS.

Product/Service Code: W099

Product/Service Description: LEASE OR RENTAL OF

EQUIPMENT- MISCELLANEOUS

Requisition No: 0040661511

Delivery: 03/31/2025

Continued ...

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

3 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P5124Q0019

00020 Emergency HVAC Rental Unit for Fort Moultrie

National Historical Park Visitor Center that will provide the following services:

Task 1 - Provide and Place Rental Chiller, Including Associated Repair Service

- Provide rental chiller unit according to Period of Performance

- Platform setting and any ground leveling will be coordinated with the NPS.

- Place rental chiller on a platform on the ground level between the Visitor Center and

Headquarters buildings.

- System will require the ability to connect/disconnect for mobilization/demobilization and hurricanes/large severe weather events.

Task 2 - One-Time System Set-up

- Provide a temporary 30-40ton system to provide proper cooling and dehumidification.

- Install new electrical transformer to ensure proper power availability. tied into existing electrical panel in the third story mechanical room by licensed electrician according to applicable codes.

- Chiller loop, electrical power lines, and ductwork will be installed according to code and will not restrict building egress.

- Secure water and power lines from any inclement weather.

- Temporary, lightweight ductwork will be routed from the exterior unit, through the upper wooden panels of the exterior theater exit doors.

Ducting will be installed overhead with non-permanent fasteners such as strap hangers and/or zip ties, etc. and shall not interfere with fire detection and suppression components or operation.

- Duct Routing

- Theater - Ducts will enter from the exterior above the exterior door as described above. Ducts will cross the theater in a path that allows full coverage. Vents will be in the ducts themselves and do not require tie-in to existing or creation of new vents in this area.

- Museum - Ducts will pass from the theater to the museum in the panel above the interior theatre/museum door on the Middle Street side. Ducts will cross the museum in a path that allows full coverage. Vents will be in the ducts

4 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P5124Q0019 themselves and do not require tie-in to existing or creation of new vents in this area.

- Office Area - Ducts will pass from the theater to the museum in the panel above the interior museum/office common area door on the

Middle Street side. Ducts will enter and cross the common area space above the suspended acoustic ceiling. Vents will be in the acoustic ceiling using drop-in diffusers.

- Provide protection for power and chilled water loop ends at the ground level when not in use

(off-season).

- All incidental materials required to fulfil this requirement (hoses, lines, brackets, transformer, etc.) excluding the portable chiller unit will be the property of the NPS

Product/Service Code: W099

Product/Service Description: LEASE OR RENTAL OF

EQUIPMENT- MISCELLANEOUS

Requisition No: 0040661513

Delivery: 03/31/2025

00030 OPTION YEAR ONE (1). Emergency HVAC Rental Unit for Fort Sumter Liberty Sqaure Visitor Center that will include the following per the attached statement of work:

Task 1 - Provide and Place Rental Chiller, Including Associated Repair Service

- Provide rental chiller unit according to Period of Performance

- Removal of shrubbery and minor ground leveling will be coordinated with the NPS. The NPS will be responsible for their removal.

- Place rental chiller on a platform on the ground level on the Southeast side of the building near the sanded pedestrian walkway.

- System will require the ability to connect/disconnect for mobilization/demobilization and hurricanes/large severe weather events.

Task 2 - Modify Existing System to Accept Rental

Chiller

- Modify existing chilled water lines in third floor mechanical room to accept new equipment, bypassing non-functioning chiller unit.

- Install new electrical transformer to ensure proper power availability. Power cable will be

5 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P5124Q0019 tied into a 208V 3Ph to 480V step up converter and then tied into existing electrical panel in the third story mechanical room by licensed electrician according to applicable codes.

- Chiller loop and electrical power lines will be installed from the ground level, through metal louvers, and into the machine room.

- Cold water chiller loop lines and 480V power cable to be surface mounted along the Southeast wall traveling vertically, through existing louvers on the third story of the visitor center.

-Lower 2 slats of the louver to be removed and entry hole to be cut through existing mesh backing for entry and exit of chiller lines and power cable. Size/Location of entry hole TBD by contractor and coordinated with the NPS

Contracting Officer's Representative prior to modification.

- Cable clamps will be used and drilled into the brick to secure water and power lines from any inclement weather.

- Provide protection for power and chilled water loop ends at the ground level when not in use

(off-season).

- All incidental materials required to fulfil this requirement (hoses, lines, brackets, transformer, etc.) excluding the portable chiller unit will be the property of the NPS.

(Option Line Item)

Anticipated Exercise Date 04/01/2025

Product/Service Code: W099

Product/Service Description: LEASE OR RENTAL OF

EQUIPMENT- MISCELLANEOUS

Period of Performance: 04/01/2025 to 03/31/2026

00040 OPTION YEAR ONE (1). Emergency HVAC Rental Unit for Fort Moultrie National Historical Park

Visitor Center that will provide the following services:

Task 1 - Provide and Place Rental Chiller, Including Associated Repair Service

- Provide rental chiller unit according to Period of Performance

- Platform setting and any ground leveling will be coordinated with the NPS.

- Place rental chiller on a platform on the ground level between the Visitor Center and

Headquarters buildings.

- System will require the ability to

6 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P5124Q0019 connect/disconnect for mobilization/demobilization and hurricanes/large severe weather events.

Task 2 - One-Time System Set-up

- Provide a temporary 30-40ton system to provide proper cooling and dehumidification.

- Install new electrical transformer to ensure proper power availability. tied into existing electrical panel in the third story mechanical room by licensed electrician according to applicable codes.

- Chiller loop, electrical power lines, and ductwork will be installed according to code and will not restrict building egress.

- Secure water and power lines from any inclement weather.

- Temporary, lightweight ductwork will be routed from the exterior unit, through the upper wooden panels of the exterior theater exit doors.

Ducting will be installed overhead with non-permanent fasteners such as strap hangers and/or zip ties, etc. and shall not interfere with fire detection and suppression components or operation.

- Duct Routing

- Theater - Ducts will enter from the exterior above the exterior door as described above.

Ducts will cross the theater in a path that allows full coverage. Vents will be in the ducts themselves and do not require tie-in to existing or creation of new vents in this area.

- Museum - Ducts will pass from the theater to the museum in the panel above the interior theatre/museum door on the Middle Street side. Ducts will cross the museum in a path that allows full coverage. Vents will be in the ducts themselves and do not require tie-in to existing or creation of new vents in this area.

- Office Area - Ducts will pass from the theater to the museum in the panel above the interior museum/office common area door on the

Middle Street side. Ducts will enter and cross the common area space above the suspended acoustic ceiling. Vents will be in the acoustic

7 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P5124Q0019 ceiling using drop-in diffusers.

- Provide protection for power and chilled water loop ends at the ground level when not in use

(off-season).

- All incidental materials required to fulfil this requirement (hoses, lines, brackets, transformer, etc.) excluding the portable chiller unit will be the property of the NPS

(Option Line Item)

Anticipated Exercise Date 04/01/2025

Product/Service Code: W099

Product/Service Description: LEASE OR RENTAL OF

EQUIPMENT- MISCELLANEOUS

Period of Performance: 04/01/2025 to 03/31/2026

00050 OPTION YEAR TWO (2). Emergency HVAC Rental Unit for Fort Sumter Liberty Sqaure Visitor Center that will include the following:

Task 1 - Provide and Place Rental Chiller, Including Associated Repair Service

- Provide rental chiller unit according to Period of Performance

- Removal of shrubbery and minor ground leveling will be coordinated with the NPS. The NPS will be responsible for their removal.

- Place rental chiller on a platform on the ground level on the Southeast side of the building near the sanded pedestrian walkway.

- System will require the ability to connect/disconnect for mobilization/demobilization and hurricanes/large severe weather events.

Task 2 - Modify Existing System to Accept Rental

Chiller

- Modify existing chilled water lines in third floor mechanical room to accept new equipment, bypassing non-functioning chiller unit.

- Install new electrical transformer to ensure proper power availability. Power cable will be tied into a 208V 3Ph to 480V step up converter and then tied into existing electrical panel in the third story mechanical room by licensed electrician according to applicable codes.

- Chiller loop and electrical power lines will be installed from the ground level, through metal louvers, and into the machine room.

- Cold water chiller loop lines and 480V power cable to be surface mounted along the Southeast

8 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P5124Q0019 wall traveling vertically, through existing louvers on the third story of the visitor center.

-Lower 2 slats of the louver to be removed and entry hole to be cut through existing mesh backing for entry and exit of chiller lines and power cable. Size/Location of entry hole TBD by contractor and coordinated with the NPS

Contracting Officer's Representative prior to modification.

- Cable clamps will be used and drilled into the brick to secure water and power lines from any inclement weather.

- Provide protection for power and chilled water loop ends at the ground level when not in use

(off-season).

- All incidental materials required to fulfil this requirement (hoses, lines, brackets, transformer, etc.) excluding the portable chiller unit will be the property of the NPS.

(Option Line Item)

Anticipated Exercise Date

Product/Service Code: W099

Product/Service Description: LEASE OR RENTAL OF

EQUIPMENT- MISCELLANEOUS

Period of Performance: 04/01/2026 to 03/31/2027

00060 OPTION YEAR TWO (2). Emergency HVAC Rental Unit for Fort Moultrie National Historical Park

Visitor Center that will provide the following services:

Task 1 - Provide and Place Rental Chiller, Including Associated Repair Service

- Provide rental chiller unit according to Period of Performance

- Platform setting and any ground leveling will be coordinated with the NPS.

- Place rental chiller on a platform on the ground level between the Visitor Center and

Headquarters buildings.

- System will require the ability to connect/disconnect for mobilization/demobilization and hurricanes/large severe weather events.

Task 2 - One-Time System Set-up

- Provide a temporary 30-40ton system to provide proper cooling and dehumidification.

- Install new electrical transformer to ensure

9 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P5124Q0019 proper power availability. tied into existing electrical panel in the third story mechanical room by licensed electrician according to applicable codes.

- Chiller loop, electrical power lines, and ductwork will be installed according to code and will not restrict building egress.

- Secure water and power lines from any inclement weather.

- Temporary, lightweight ductwork will be routed from the exterior unit, through the upper wooden panels of the exterior theater exit doors.

Ducting will be installed overhead with non-permanent fasteners such as strap hangers and/or zip ties, etc. and shall not interfere with fire detection and suppression components or operation.

- Duct Routing

- Theater - Ducts will enter from the exterior above the exterior door as described above. Ducts will cross the theater in a path that allows full coverage. Vents will be in the ducts themselves and do not require tie-in to existing or creation of new vents in this area.

- Museum - Ducts will pass from the theater to the museum in the panel above the interior theatre/museum door on the Middle Street side. Ducts will cross the museum in a path that allows full coverage. Vents will be in the ducts themselves and do not require tie-in to existing or creation of new vents in this area.

- Office Area - Ducts will pass from the theater to the museum in the panel above the interior museum/office common area door on the

Middle Street side. Ducts will enter and cross the common area space above the suspended acoustic ceiling. Vents will be in the acoustic ceiling using drop-in diffusers.

- Provide protection for power and chilled water loop ends at the ground level when not in use

(off-season).

- All incidental materials required to fulfil this requirement (hoses, lines, brackets, transformer, etc.) excluding the portable chiller unit will be the property of the NPS

Product/Service Code: W099

Product/Service Description: LEASE OR RENTAL OF

EQUIPMENT- MISCELLANEOUS

Period of Performance: 04/01/2026 to 03/31/2027

Combined Synopsis/Solicitation for Commercial Services

FAR 12.603

Document Type: Combined Solicitation/Synopsis Solicitation Number: 140P5124R0003 Posted Date: May 02, 2024 Original Response Date: May 06, 2024 Current Response Date: May 06, 2024 Product or Service Code: W099 Set Aside: 100% Small Business NAICS Code:532490

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; proposals 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 Equipment Rental - Heating, Ventilation, and Air Conditioning Rentals for Fort Sumter Liberty Square Visitor Center Charleston, SC and Fort Moultrie National Historic Park Visitor Center Sullivan's Island, SC per the attached statements of work (SOW). 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) 2024-04 dated May 01, 2024.

The associated North American Industrial Classification System (NAICS) code for this procurement is 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing with a small business size of $40,000,000.00. The Product Service Code (PSC) is W099: Lease Or Rental Of Equipment- Miscellaneous.

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

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 proposals, 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 532490 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 ESTIMATED period of performance is anticipated to be May 13, 2024 through March 31, 2025 (With two (2) option year periods). The period of performance may change due to system replacement.

A site visit is not scheduled for this opportunity

See Attachment 0001 – Statement of Work Fort Sumter & Fort Moultrie National Historic Park

STATEMENT OF WORK:

Provide Temporary Cooling at Liberty Square Visitor Education Center/Ferry Boat Terminal

See Attachment 0002 – Statement of Work Fort Sumter & Fort Moultrie National Historic Park

STATEMENT OF WORK:

Provide Emergency Temporary Cooling at Fort Moultrie Visitor Center

All interested companies shall provide quotes for the following:

All pricing SHALL be submitted with attachment 0003.

See Attachment 0004 – U.S. Department of Labor Wage Determination No.: 2015-4427

Revision No.: 25 Date Of Last Revision: 12/26/2023

State: South Carolina Area: South Carolina Counties of Berkeley, Charleston, Dorchester https://sam.gov/wage-determination/2015-4427/25 https://sam.gov/wage-determination/2015-4427/25

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

52.211-13 52.212-1

Time Extensions Instructions to Offerors--Commercial Items

SEP 2000

MAR 2023

52.212-4 52.223-18

Contract Terms and Conditions--Commercial Items Encouraging Contractor Policies to Ban Text Messaging While Driving

DEC 2022

Jun 2020

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.

Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors that represents the Best Value – Lowest Price Technically Acceptable (LPTA) offer The following factors shall be used to evaluate offers:

(1) Price

(2) Technical Capability

(3) Past Performance

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

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

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

(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.

http://www.sam.gov/portal

“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;

http://www.dol.gov/fairpayandsafeworkplaces

(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.

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 under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

https://www.acquisition.gov/

(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. (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.