Sol_140P5124Q0036.pdf

140P5124Q0036

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

06/28/2024 0040669006

1 46

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

NPS SER EAST MABO

07/14/2026

NPS, Gt. Smoky Mountains NP

107 Park Headquarters Road

Gatlinburg

TN 37738

404 507-5747Edward Dingle

07/12/2024 1300 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

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, Contracting Operations (ConOps) East has a requirement with a scope of services which includes a phased delivery, pickup, central storage, and re-delivery of twelve (12) portable storage containers for Great Smoky Mountains National Park Gatlinburg, 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 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P5124Q0036

Tennessee. 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)

2024-05 dated May 22, 2024.

The associated North American Industrial

Classification System (NAICS) code for this procurement is 531130; Lessors of Mini warehouses and Self-Storage Units, with a small business size standard of $34,000,000.00. The Product

Service Code (PSC) is S215: Housekeeping-

Warehousing/storage.

In accordance with FAR Subpart 28, a certificate of insurance is required, and coverage must be at a minimum of: $50,000 per person; $100,000 per occurrence; and $100,000 per property. The insurance certificate must be submitted within 10 calendar days of receipt of the award.

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 531130 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.

Period of Performance: 07/15/2024 to 07/14/2026

00010 Provide a phased delivery, pickup, central storage, and re-delivery of twelve (12) portable storage containers for Great Smoky Mountains

National Park Gatlinburg, Tennessee per the attached scope of services.

Continued ...

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P5124Q0036

Product/Service Code: S215

Product/Service Description: HOUSEKEEPING-

WAREHOUSING/STORAGE

Delivery: 07/14/2026

Period of Performance: 07/15/2024 to 07/14/2025

00020 Additional Portable Storage Containers.

(Option Line Item)

Anticipated Exercise Date 07/15/2024

Product/Service Code: S215

Product/Service Description: HOUSEKEEPING-

WAREHOUSING/STORAGE

Period of Performance: 07/15/2024 to 07/14/2025

00030 Option Year One. Provide a phased delivery, pickup, central storage, and re-delivery of twelve (12) portable storage containers for Great

Smoky Mountains National Park Gatlinburg, Tennessee per the attached scope of services.

(Option Line Item)

Anticipated Exercise Date 07/14/2025

Product/Service Code: S215

Product/Service Description: HOUSEKEEPING-

WAREHOUSING/STORAGE

Period of Performance: 07/15/2025 to 07/14/2026

00040 Option Year One. Additional Portable Storage

Containers.

(Option Line Item)

Anticipated Exercise Date 07/14/2025

Product/Service Code: S215

Product/Service Description: HOUSEKEEPING-

WAREHOUSING/STORAGE

Period of Performance: 07/15/2025 to 07/14/2026

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: 140P5124Q0036 Posted Date: June 28, 2024 Original Response Date: July 12, 2024 Current Response Date: July 12, 2024 Product or Service Code: S215 Set Aside: 100% Small Business NAICS Code: 531130

Contracting Office Address:

National Park Service Contracting Operations (ConOps) East 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, Contracting Operations (ConOps) East has a requirement with a scope of services which includes a phased delivery, pickup, central storage, and re-delivery of twelve (12) portable storage containers for Great Smoky Mountains National Park Gatlinburg, Tennessee. 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) 2024-05 dated May 22, 2024.

The associated North American Industrial Classification System (NAICS) code for this procurement is 531130; Lessors of Mini warehouses and Self-Storage Units, with a small business size standard of $34,000,000.00. The Product Service Code (PSC) is S215: Housekeeping- Warehousing/storage.

In accordance with FAR Subpart 28, a certificate of insurance is required, and coverage must be at a minimum of: $50,000 per person; $100,000 per occurrence; and $100,000 per property. The insurance certificate must be submitted within 10 calendar days of receipt of the award.

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 531130 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.

http://www.sam.gov/

SCOPE OF SERVICES (SOS)

United States Department of Interior

National Park Service Region IR2

Great Smoky Mountains National Park Gatlinburg, Tennessee

Portable Storage Containers and Storage for Sugarland’s Headquarters Rehabilitation

1. General Information

The Great Smoky Mountains National Park (GRSM) is located in Tennessee and North Carolina and consists of nearly 521,000 acres. The park was established by Congress on June 15, 1934. The Park’s mission is to protect, preserve, and interpret the natural, cultural, and historical resources for the benefit and inspiration of present and future generations. There are over 13 million visitors annually.

2. Facility Background

The Park Headquarters building was constructed in 1939-1940 Civilian Conservation Corps as part of the New Deal program established to provide employment and to assist the country in recovering from the "Depression" of the 1930s. The structure is an excellent example of the rustic architecture prevalent throughout the National Park Service during the 1930s and is significant to the early development of the National Park system. The building was constructed to provide administrative offices for the park and is currently utilized by staff critical to the service the parks nearly 13 million annual visitors.

While the building has been well maintained over its lifetime, it has a number of functional, mechanical, and electrical issues including circulation and office space inefficiencies, inadequate lighting, lack of accessibility, and poorly functioning environmental systems. To address these issues, the park has initiated a rehabilitation project in an effort to preserve and protect the buildings cultural, historical, and structural integrity. As part of the rehabilitation project, all employees, workspaces, and building contents (conference room, office, and kitchen furniture; office copiers, vending machines, and other miscellaneous items) will need to be vacated in order to allow the work to be performed.

The purpose of this proposed statement of services is to secure portable storage containers and storage to house the contents of the Park Headquarters building that will not be utilized while the rehabilitation underway for a period of up to 24 months.

3. Scope of Services

The scope of services includes a phased delivery, pickup, central storage, and re-delivery of twelve (12) portable storage containers to the Park as follows:

• Portable Storage Containers shall meet the minimum requirements:

o Steel Frame Construction o Dimensions of 16’ x 8’ x 8’ o Capacity of 820 cubic feet o Weather Resistant o Accessible via swing or roll-up doors o Impact resistant walls o Able to be secured with separate lock controlled by the Park

• Delivery/Pickup Location o Park Headquarters

107 Park Headquarters Road Gatlinburg, TN 37738 o See Attachment 3 for designated location in parking to unload and pickup storage containers.

• Delivery of Empty Portable Storage Containers o In a phased sequence dictated by the Contracting Officer’s Representative (COR), deliver four (4) empty storage units at a time to the designated delivery location at the Park Headquarters (See attachment 3) starting July 15, 2024, and ending with the final four units delivered on or before October 21, 2024.

• Pickup of Full Portable Storage Containers o In a phased sequence dictated by the COR, pick up four (4) full storage units at a time from the designated location at Park Headquarters (See attachment 3) starting July 22, 2024, and ending with the final four picked up on or before October 28, 2024.

• Storage of Full Portable Storage Containers o Fully packed storage containers will be stored for a period of up to 24 months in a centralized warehouse facility that has an alarm system, fire suppression, and is climate controlled.

o Storage facility must be within 50 miles of the Park Headquarters.

o All twelve portable storage containers must be stored within the same facility.

o Content protection coverage must be provided.

o Designated Park personnel must have access to storage facility to access individual park rented containers upon 24-hour notice

• Redelivery of Full Portable Storage Containers to the Park o In a phased sequence dictated by the COR, deliver four (4) full storage units at a time to the designated location at Park Headquarters (See attachment 3).

Redelivery of storage containers may occur as late as 24 months after pickup of the last four storage containers, following completion of the Park Headquarters rehabilitation work.

• Pickup of Empty Portable Storage Containers o In a phased sequence dictated by the COR, pick up four (4) empty storage units at a time from the designated location at Park Headquarters (See attachment 3) starting 10 days after the initial redelivery of the storage containers.

An option for up to three (3) additional portable storage containers is included if the Park determines additional units are needed.

4. Government Provided Resources

The Park will provide a safe and suitable drop off and pickup location that is accessible by large vehicles.

The Park will load and unload the storage containers withing 10 working days of delivery to the park.

The Park will provide a 2-week notice for requesting delivery and pickup of the storage containers.

5. Business Hours The contractor shall conduct delivery and pickup services during normal business hours of 8:00 am to 4:30 pm, Monday through Friday, excluding weekends and Federal holidays. Deliveries and pickups must be coordinated with the COR or designated Park representative.

6. Management During Normal Working Hours

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

7. Maintenance of Traffic

The contractor shall follow the Manual of Uniform Traffic Control Devices (MUTCD) for any traffic control that might be required during the course of the work. Contractor shall use appropriate traffic control devices needed for this work and for protecting workers and visitors. Traffic shall be controlled with flaggers and appropriate signage. Contractor shall provide advance notice if a road closure is required for a short time not to exceed 10 minutes.

8. Safety & Environmental Compliance

• The contractor shall comply with pertinent provisions of the Occupational Safety and

Health Act (OSHA), and state, local, safety, laws.

• The contractor shall comply with pertinent Environmental Protection Agency laws and regulations.

• The GRSM safety 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.

• The contractor shall immediately report to the Contracting Officer, COR and GRSM safety officer all accidents resulting in employee injury or death or damage to property while performing this contract.

9. Insurance The Contractor shall be insured in accordance with the Solicitation documents. 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.

10. Motor Vehicle & Traffic Regulations

Contractor employees operating motor vehicles shall possess an appropriate, valid driver's license.

Driver and vehicle permits, licenses, registrations and proof of insurance shall be maintained in the vehicle at all times and made available upon request. Contractor employees shall comply with federal vehicle motor law requiring seat belts be worn at all times. Contractor employees shall adhere to the posted speed limits. Commercial vehicles are prohibited on the Foothills Parkway without prior notification of the Park. Contractor shall contact the Dispatch Office at 865-436-1294 to notify the Park of an incoming commercial vehicle.

11. Maintenance of Roadways

Contractor shall show due diligence to ensure that asphalt on adjacent roadways and developed parking areas are protected from damage.

12. Employee Parking

All contractor employees shall comply with parking procedures published for the GRSM.

13. 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.

14. Non-Payment for Additional Work

Any additional contractor performed services not specified in contract, either at its own volition or at the request of an individual other than an appointed Contracting Officer, except as may be explicitly authorized in the contract, shall be performed at the financial risk of the contractor.

Only an appointed Contracting Officer is authorized to bind the Government to a change in specifications, contract terms, or conditions.

15. Conflict of Interest

The contractor shall not employ off-duty COR’s or other Government employees if such employment would create a conflict of interest or be contrary to the policies contained in conflict-of-interest directives.

16. Contractor’s Proposal Package

The following deliverables are to be submitted with offer in response to RFQ.

• Technical approach to perform required services.

• Contractor safety plan.

• Proof of Insurance–Business Liability & Workers Compensation.

17. Inspection.

The Government will conduct inspections during and upon completion of required services. Final payment will be processed upon confirming that all noted contractor performance deficiencies have been satisfactorily corrected.

18. Schedule See Section 3 regarding the timeframe for delivery, pickup, storage, and redelivery of portable storage containers. These dates are contingent upon the award and construction schedule of the Park Headquarters rehabilitation project that is expected before September 30, 2024. The proposed period of performance is 24 months from delivery of the first empty portable storage containers identified in Section 3.

19. Liquidated Damages

There are no liquidated damages associated with this contract.

20. Payment Federal contracts require prospective contractors to register in the System of Awards Management (www.sam.gov) and the Invoice Processing Platform (www.ipp.gov). Following the submission via the Invoice Processing Platform, the Contractor should notify the COR through email. Invoices must include the following information:

http://www.ipp.gov/

• Company name and address

• Invoice Date

• Invoice Number

• Contract Number or other authorization such as contract modification for services performed

• Description of services/deliverables in accordance with the line-item structure of the contract

• Percentage of SOW task completion

Payment shall be full compensation to complete the work items in good faith, including incidental work.

• Item 1 – Initial Delivery/Pickup of Portable Storage Containers: Includes the delivery of empty portable storage containers to Park Headquarters and pick up of full units for delivery to centralize warehouse facility for storage.

• Item 2 – Storage of Full Portable Containers: Includes the storage of each full portable storage container picked up from Park Headquarters and is measured by the date it arrives and leaved the centralized warehouse facility.

• Item 3 – Content Protection Service: Will be paid monthly along with item 2.

• Item 4 – Redelivery/Pickup of Portable Storage Containers: Includes the delivery of full portable storage containers from the centralized warehouse facility to Park Headquarters and pick up of empty units.

• Item 5 – Portable Storage Container Locks: Include delivery of locks with 2 keys. Locks will remain the possession of the Government at the end of the contract.

21. Price Schedule See attachment 1.

22. Location Map

See attachments 2 and 3.

ATTACHMENT 1 – BID SCHEDULE

National Park Service Great Smoky Mountains National Park

Portable Storage Containers and Storage for Sugarland’s Headquarters Rehabilitation

BASE - Twelve (12) Portable Storage Containers

Item No. Description Estimated Quantity Unit Unit Price Total Price

1 lnitial Delivery/Pickup of Portable Storage Containers 12 Each $ $

2 Storage of Full Portable Storage Containers 288 Month $ $

3 Content Protection Service 288 Month $ $

4 Redelivery/Pickup of Portable Storage Containers 12 Each $ $

5 Portable Storage Container Locks 12 Each $ $

6 Total (BASE) $

OPTION - Additional Portable Storage Containers

Item No. Description Estimated Quantity Unit Unit Price Total Price

1 lnitial Delivery/Pickup of Portable Storage Containers 3 Each $ $

2 Storage of Full Portable Storage Containers 72 Month $ $

3 Content Protection Service 72 Month $ $

4 Redelivery/Pickup of Portable Storage Containers 3 Each $ $

5 Portable Storage Container Locks 3 Each $ $

6 Total (OPTION1 $

Total {BASE)= $ Total (OPTION) = $

TOTAL= $

ATTACHMENT 2 – LOCATINO MAP

ATTACHMENT 3 - DESIGNATED PORTABLE STORAGE CONTAINER

DELIVERY/PICKUP AREA

All interested companies shall provide quotes for the following:

All pricing shall be affixed to attachment 0003.

Davis Bacon prevailing wages for Sevier County, Tennessee and Swain County, North Carolina will apply for this requirement See attachment 0002 or 2015-4667 Revision No.: 26 and 2015-4417 Revision No.: 24 on WDOL.gov.

PRICE SCHEDULE

See attachment 0003

PAST PERFORMANCE QUESTIONNAIRE

See attachment 0004

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-27 Prohibition on a ByteDance Covered Application 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 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business MAR 2023

Subcontractors

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 by providing three examples of previous projects/jobs of 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 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.

http://www.sam.gov/portal

“Civil judgment” means--

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

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law.

It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

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

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

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

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

(i) The Fair Labor Standards Act;

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

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

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

(vi) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and http://www.dol.gov/fairpayandsafeworkplaces

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

SAM.]

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

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

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

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

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

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

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

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

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

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

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

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

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

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

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

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

(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.