SOLICITATION_-_W15QKN-17-Q-1024.docx

W15QKN-17-Q-1024

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTIONS TO OFFEROR

INSTRUCTIONS TO OFFERORS

1. All questions shall be in writing. Questions maybe e-mailed to Ellen H. Widelitz at ellen.h.widelitz.civ@mail.mil

2. All offers shall be in writing. Quotes / offers may be e-mailed to Ellen H. Widelitz at ellen.h.widelitz.civ@mail.mil and Sharon Wilson-Emmons at sharon.wilson-emmons.civ@mail.mil

3. Anywhere in this solicitation where the term “quote” is used, it is hereby changed to read “offer”.

4. Anywhere in this solicitation where the term “quoter” is used, it is hereby changed to read “offeror”.

5. It is the offeror’s responsibility that all offers submitted, regardless of method of submission, are received in this office as stated on SF 1449.

6. The proposal must include the following information:

b. Past Performance: Relevant past or present performance for a similar requirement.

d. Third party providers should include the additional information requested in paragraph 8 below. Failure to provide this information with your quote may deem your quote non-responsive.

e. Complete blocks 12, 17 and 30 of the SF 1449 as well as any amendments. In doing so, the quoter accedes to the contract term and conditions as written in the Request for Quotes (RFQ).

f. Quoters/Offerors shall include Proposed meeting room layout (if applicable)

7. THIS IN NOT A SOLICITATION FOR EVENT PLANNING SERVICES. FOR A PROPOSAL SUBMITTED

BY AN OFFEROR THAT IS NOT A HOTEL, THE OFFER MUST SUBMIT A TECHNICAL PROPOSAL

FOR EVALUATION WHICH DESCRIBES THE OFFEROR’S TECHNICAL APPROACH FOR PROVIDING

THE REQUESTED SERVICES AS THE PRIME CONTRACTOR. AND AN AGREEMENT SIGNED BY THE HOTEL AND THE OFFER CONFIRMING THE AGREEMENT BETWEEN THE PARTIES FOR THE ROOMS. AGAIN THIS NOT A SOLICITATION FOR EVENT PLANNING SERVICES. AN OFFER WHICH REQUIRES THE GOVERNMENT TO EXECUTE A SEPARATE AGREEMENT WITH A THIRD PARTY HOTEL SHALL BE DEEMED TECHNICALLY UNACCEPTABLE.

8. 3rd PARTY VENDOR INFORMATION: A REPRESENTATIVE FROM THE PRIME CONTRACTOR MUST BE PRESENTAND ONSITE FOR THE ENTIRE TIME OF THE EVENT. QUOTERS MUST SUBMIT THE NAME, AND CONTACT INFORMATION FOR THE ON-SITE REPRESENTATIVE WITH THEIR PROPOSAL AND A SIGNED AGREEMENT FOR THE ROOMS, BETWEEN THE 3RD PARTY AND THE HOTEL MUST BE SUBMITTED WITH YOUR OFFER. Failure to provide this agreement will deem your proposal non-responsive.

9. No smoking rooms required. Personal expenses items, and, or services in guest rooms such as long distance phone charges, internet, movie rentals, laundry, room services, etc… will be paid directly by the guest, and shall not be billed under the resultant purchase order.

10. The area of consideration is within a 15 mile radius from the Officers Club at Fort Belvoir, VA.

The distance will be calculated by estimating the distance from the Officers Club at 5500 Schultz Circle, Bldg Building 20, Fort Belvoir, VA 22060, Fort Belvoir, VA to the exact address of the hotel.. The distance will be estimated by utilizing commercial search engines; Google maps, or MapQuest. Whichever website site that yields the least distance will be utilized.

11. The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items necessary to provide the contracted services.

12. Contractors shall quote on all CLINS. CLIN pricing should be all inclusive of labor, labor burden, other direct cost (material, equipment, fees, licenses, etc), G&A and profit.

13. Line Item pricing should include all applicable taxes, fees, gratuities, commissions, services charges, etc. The federal government is tax exempt.

14. Room rates shall not exceed the government travel per diem rates in accordance with Joint Federal Travel Regulation (JFTR).

15. All representations and certifications to include provision of Dun & Bradstreet number are to be returned with the quote. Dun and Bradstreet information can be found by calling (800)-333-0505. A contractor that is receiving an award resulting from this request for quotation must be registered in the System for Award Management (SAM) prior to contract award. To register, offerors may log onto: www.sam.gov.

16. Dun and Bradstreet #__________________________

17. CAGE(commercial and government entity)code___________________

18. Federal Tax ID __________________

19. This project is unrestricted, meaning both large and small businesses can bid under NAICS 721110 with business size standard of $32.5 mil.

The Prime contractor must provide Point of Contact(POC) at the facility from commencement to conclusion of the lodging. The name of the POC must be submitted with their quote/offer.

POC:_______________________________

The contractor must demonstrate the financial capabilities to fulfill the proposed event.

The contractor must submit the Federal Emergency Management Agency (FEMA) Certification of the proposed facility for the event with their offer/quote.

The contractor must submit with their offer all subcontracting agreements with their offer/quote.

The third party may only submit one offer, otherwise will not be eligible for contract award.

The above must be submitted with quote in order to be considered for contract award.

BASIS FOR AWARD

(A). Basis of Award: The Government anticipates the award will Lowest Price Technically Acceptable (LPTA) offer. Preference for award will be given to an offer who proposes the rooms on an all or none basis at the same location. The Government reserves the right to make multiple awards, if necessary, if no offerors propose all or none.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation and is found to be most advantageous to the Government.

The following factors shall be used to evaluate offers:

1. Technical – Facility Assessment consisting of cleanliness, security, amenities, and conformance with terms and conditions of the PWS including any specified radius requirement.

2. Past Performance - The Government will evaluate the quality and extent of the offeror’s performance deemed relevant to the requirement of this solicitation.

Offeror shall provide a list of no more than five (5), of the most relevant contracts performed for Federal agencies within the last two (2) years. Relevant past or present performance shall be similar to the current requirement.

3. Price - (Refer to the instructions to offerors)

(B) 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.

(C ) The contractor’s offer shall remain valid until 24 April 2017.

NOTE; BOTH A PRICE AND TECHNICAL PROPOSAL FOR ALL OFFERORS MUST BE SUBMITTED IN ORDER TO BE CONSIDERED FOR A CONTRACT.

ADMIN

Inquiries concerning all contractual actions after award shall be directed first to the Contract Specialist. In my absence, please contact the Contracting Officer.

CHANGES: The Contract Specialist will incorporate all changes and other administrative actions to the contract as directed and authorized by the Contracting Officer.

Contracting Officer Sharon Wilson -Emmons

(609) 562-6405 sharon.wilson-emmons.civ@mail.mil

Contract Specialist Ellen H. Widelitz

(609) 562-2384 ellen.h.widelitz.civ@mail.mil

Government Point of Contact MSG Brian T. Breaker 301-944-3639 Brian.t.breaker.mil@mail.mil

MAJ Casey Nix 973-724-3440 caseyk.p.nix.mil@mail.mil

Service Location

POC

e-mail - Tel

PWS

(GENERAL)

PERFORMANCE WORK STATEMENT (PWS)

153d Legal Operations Detachment (LOD), United States Army Reserve Legal Command (USARLC)

Lodging accommodations in support of the Judge Advocate General’s Corps Northeast Region On-Site Training for the 153d LOD at the Fort Belvoir Officers’ Club, 5500 Schulz Circle, #20, Fort Belvoir, VA 22060.

1.0 INTRODUCTION

USAR Legal Command tasked the 153d LOD to conduct the FY17 Judge Advocate General’s Corps Northeast Region On-Site Training at Fort Belvoir, Virginia. The 153d LOD will be providing training on four of the six legal core competencies.

2.0 BACKGROUND

The Judge Advocate General’s Corps Northeast Region On-Site Training was created to provide enhance awareness and expertise training on legal core competencies for Judge Advocates, Legal Administrators, and Paralegals.

3.0 OBJECTIVES

The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items necessary to perform the requested tasks as described in this Performance Work Statement (PWS). The location of the hotel is required to be within a maximum 15-mile radius from the Officers’ Club on Fort Belvoir. The hotel receiving contract will only be paid for used rooms at the agreed rate, but not to exceed the United States General Services Administration (GSA) Per Diem rate. Housing is needed to support soldiers residing outside 50 miles radius from the serviced unit address. The Army Standard for Housing for this request is two (2) Soldiers per room (Double Room Occupancy) upon availability. USAR soldiers may receive single rooms upon approval from the serviced organization and does not exceed the quantities of rooms contracted during the serviced period. The facility should be able to support at least all the require rooms for this event. Additional features that may be included: recreational pool, Health & Fitness room, to enhance Soldier fitness program but not required. The Hotel may have a Business Center at no cost to the Soldiers. A Room Roster will be sent to the contractor by the Government Point of Contact or Contracting Officer’s Representative (COR) within 15 days prior to the scheduled training.

Period of Performance: The Period of Performance is from 2 MAY 2017 checking out on 7 MAY 2017.

4.0 SCOPE

4.1. Lodging:

All sleeping rooms must be at or below the Government’s per diem rate. The Federal Government is tax exempt. The hotel/motel must be within a fifteen mile vicinity of Officers Club at Fort Belvoir, VA. The rooms must be non-smoking, free of pest, bed bugs, clean and in good sanitary conditions. Cooling and heat systems shall be in good workable condition. All rooms shall have a refrigerator, microwave, coffee maker, and electrical outlets must be in good condition meeting State code. Free parking is preferred as well as onsite laundry capabilities. Shuttle service to and from airport and Fort Belvoir is preferred. Fitness Center and Pool is preferred but not required.

4.2. Personal Expenses:

Personal expenses in guest rooms such as long distance phone charges, movie rentals, laundry, room service, food or other incidentals will be paid by the guest and shall not be billed under the resultant contract.

4.3. Security:

The sleeping rooms shall be access through the hotel internal corridors, provide sufficient room security by use of double bolt doors and lock windows to protect Government’s information, supplies, equipment and other the soldiers properties. Parking Area shall be within the Hotel property and as stated above free parking is preferred. Entry access to Sleeping areas must be through the hotel internal corridors’ and Main Lobby.

4.4. Invoicing: The quantities in the contract are estimates. The contractor shall only invoice for actual room used. The Government will pay for occupied rooms only. Actual services provided in accordance with the terms and conditions of this contract will be accepted and paid for by the Government. Invoices shall be submitted via the Wide Area Work Flow (WAWF) system.

5.0 DEFINITIONS

6.1 ONSITE REPRESENTATIVE - ONSITE RESPRESENTATIVE MUST BE PRESENT AND AVAILABLE DURING THE COURSE OF THIS EVENT. QUOTERS MUST SUBMIT THE NAME AND CONTACT INFORMATION FOR THE ON-SITE REPRESENTATIVE PRIOR TO CONTRACT AWARD.

Section SF 1449 - CONTINUATION SHEET

30 Single Rm x 3 nights = 90 TOTAL ROOMS

FFP

30 Single Rm x 3 nights = 90 Rooms Check in: May 4 2017 Check out May 7, 2017 Location: Location: Within 15 Mile Radius to Officers Club in Fort Belvoir, VA FOB: Destination

PURCHASE REQUEST NUMBER: 0010999088-0002

NET AMT

100 Double Rm x 3 nights = 300 Tot Rooms

100 Double Rm x 3 nights Check in May 04, 2017, Check out May 7, 2017 Location: Within 15 Mile Radius to Officers Club in Fort Belvoir, VA

NET AMT

4 Single Rm x 5 nights = 20 Total Rooms

4 Single Rm x 5 nights = 20 total rooms Check in May 02, 2017, Check Out May 07, 2017 Location: Within 15 Mile Radius to Officers Club in Fort Belvoir, VA

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

07-MAY-2017

USARLC

8791 SNOUFFER SCHOOL RD

GAITHERSBURG MD 20879

W80Y0M

07-MAY-2017

07-MAY-2017

USARLC

8791 SNOUFFER SCHOOL RD

GAITHERSBURG MD 20879

W80Y0M

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby 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 its behalf in connection with the awarding of this contract.

(d) Disclosure. 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.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of provision)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) database means that--

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

(End of clause)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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

(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:

Technically, Acceptable, Lowest Price..Technical includes meeting the requirements of the PWS and Past Performance, and Price is lowest overall, price to include base and option pricing. Your Technical Proposal must contain a Capabilities Statement which states how you will meet the requirements of the PWS along with any references. The Government will also use other systems to review or verify past performance. The capabilities statement shall be no more than 10 pages with no smaller than 12 inch font and 1 inch margins on all sides. FAILURE TO SUBMIT THE CAPABILITIES STATEMENT WILL RENDER YOUR PROPOSAL UNACCEPTABLE.

BASIS FOR AWARD

(A). Basis of Award: The Government anticipates the award will Lowest Price Technically Acceptable (LPTA) offer. Preference for award will be given to an offer who proposes the rooms on an all or none basis at the same location. The Government reserves the right to make multiple awards, if necessary, if no offerors propose all or none.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation and is found to be most advantageous to the Government.

The following factors shall be used to evaluate offers:

1. Technical – Facility Assessment consisting of cleanliness, security, amenities, and conformance with terms and conditions of the PWS including any specified radius requirement.

2. Past Performance - The Government will evaluate the quality and extent of the offeror’s performance deemed relevant to the requirement of this solicitation.

Offeror shall provide a list of no more than five (5), of the most relevant contracts performed for Federal agencies within the last two (2) years. Relevant past or present performance shall be similar to the current requirement.

3. Price: Lowest price

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

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

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

“Civil judgment” means—

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

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

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

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

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

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

"Women-owned small business concern" means a small business concern--

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

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

(i)…