W15QKN-17-R-1051.docx

W15QKN-17-R-1051

Section SF 1449 - CONTINUATION SHEET

FLTC BASE PERIOD

FFP

The contractor shall provide FORSCOM Logistics Training Cluster Services at Fort Story VA, and various CONUS locations in strict compliance with the specification terms and conditons and all provision contained in the Performance Work Statement (PWS), dated 31 May 2017. There will be a 30-day phase-in period to begin 30 August 2017 - 29 September 2017. The base period of performance will be 30 September 2017 through 29 August 2018.

FOB: Destination

NET AMT

TRAVEL AND OTHER DIRECT COST(ODC)

THIS IS AN INFORMATIONAL CLIN FOR TRAVEL AND OTHER DIRECT COST (ODC). Reimbursement for travel, ODC, subistance, lodging, repair parts, and supplies shall be paid to the contractor only to the extent that is necessary for the performance of the PWS.The contractor shall ensure all expenditures of funds related to this CLIN receives approval in accordance with paragraphs 1.6.13 and 1.6.14 of the PWS. The reasonableness and allowability of travel costs shall be governed by Federal Acquisition Regulation (FAR) 31.205-46 not to exceed $190,000 total amount for both ODC and Travel.

NET AMT

0002AA

OTHER DIRECT COST(ODC)

Reimbursement for travel, ODC, subistance, lodging, repair parts, and supplies shall be paid to the contractor only to the extent that is necessary for the performance of the PWS.The contractor shall ensure all expenditures of funds related to this CLIN receives approval in accordance with paragraphs 1.6.13 and 1.6.14 of the PWS. The reasonableness and allowability of travel costs shall be governed by Federal Acquisition Regulation (FAR) 31.205-46 not to exceed $165,000 for ODC.

NET AMT

0002AB

TRAVEL

Reimbursement for travel, ODC, subistance, lodging, repair parts, and supplies shall be paid to the contractor only to the extent that is necessary for the performance of the PWS.The contractor shall ensure all expenditures of funds related to this CLIN receives approval in accordance with paragraphs 1.6.13 and 1.6.14 of the PWS. The reasonableness and allowability of travel costs shall be governed by Federal Acquisition Regulation (FAR) 31.205-46 not to exceed $25,000 for Travel..

NET AMT

CONTRACT MANPOWER REPORTING

Contractor is required to enter all contractor data into Contract Manpower Reporting (CMR) system in accordance with the PWS. Data must be accurate, complete, and entered into the CMR prior to 31 October of each year the contract is in force.

NET AMT

FFP

The contractor shall provide FORSCOM Logistics Training Cluster Services at Fort Story VA, and various CONUS locations in strict compliance with the specification terms and conditons and all provision contained in the Performance Work Statement (PWS), dated 31 May 2017. The period of performance for Option Year 1 will be from 30 August 2018 through 29 August 2019.

NET AMT

FFP

THIS IS AN INFORMATIONAL CLIN FOR TRAVEL AND OTHER DIRECT COST (ODC). Reimbursement for travel, ODC, subistance, lodging, repair parts, and supplies shall be paid to the contractor only to the extent that is necessary for the performance of the PWS.The contractor shall ensure all expenditures of funds related to this CLIN receives approval in accordance with paragraphs 1.6.13 and 1.6.14 of the PWS. The reasonableness and allowability of travel costs shall be governed by Federal Acquisition Regulation (FAR) 31.205-46 not to exceed $195,700.00 total amount for ODC and Travel.

NET AMT

1002AA

FFP

Reimbursement for travel, ODC, subistance, lodging, repair parts, and supplies shall be paid to the contractor only to the extent that is necessary for the performance of the PWS.The contractor shall ensure all expenditures of funds related to this CLIN receives approval in accordance with paragraphs 1.6.13 and 1.6.14 of the PWS. The reasonableness and allowability of travel costs shall be governed by Federal Acquisition Regulation (FAR) 31.205-46 not to exceed $169,950.00 for ODC.

NET AMT

1002AB

FFP

Reimbursement for travel, ODC, subistance, lodging, repair parts, and supplies shall be paid to the contractor only to the extent that is necessary for the performance of the PWS.The contractor shall ensure all expenditures of funds related to this CLIN receives approval in accordance with paragraphs 1.6.13 and 1.6.14 of the PWS. The reasonableness and allowability of travel costs shall be governed by Federal Acquisition Regulation (FAR) 31.205-46 not to exceed $25,750.00.

NET AMT

FFP

Contractor is required to enter all contractor data into Contract Manpower Reporting (CMR) system in accordance with the PWS. Data must be accurate, complete, and entered into the CMR prior to 31 October of each year the contract is in force.

NET AMT

FFP

The contractor shall provide FORSCOM Logistics Training Cluster Services at Fort Story VA, and various CONUS locations in strict compliance with the specification terms and conditons and all provision contained in the Performance Work Statement (PWS), dated 31 May 2017. The period of performance for Option Year 2 will be from 30 August 2019 through 29 August 2020.

NET AMT

FFP

THIS IS AN INFORMATIONAL CLIN FOR TRAVEL AND OTHER DIRECT COST (ODC). Reimbursement for travel, ODC, subistance, lodging, repair parts, and supplies shall be paid to the contractor only to the extent that is necessary for the performance of the PWS.The contractor shall ensure all expenditures of funds related to this CLIN receives approval in accordance with paragraphs 1.6.13 and 1.6.14 of the PWS. The reasonableness and allowability of travel costs shall be governed by Federal Acquisition Regulation (FAR) 31.205-46 not to exceed $201,571.00 total for both ODC and Travel.

NET AMT

2002AA

FFP

Reimbursement for travel, ODC, subistance, lodging, repair parts, and supplies shall be paid to the contractor only to the extent that is necessary for the performance of the PWS.The contractor shall ensure all expenditures of funds related to this CLIN receives approval in accordance with paragraphs 1.6.13 and 1.6.14 of the PWS. The reasonableness and allowability of travel costs shall be governed by Federal Acquisition Regulation (FAR) 31.205-46 not to exceed $175,048.50 for ODC.

NET AMT

2002AB

FFP

Reimbursement for travel, ODC, subistance, lodging, repair parts, and supplies shall be paid to the contractor only to the extent that is necessary for the performance of the PWS.The contractor shall ensure all expenditures of funds related to this CLIN receives approval in accordance with paragraphs 1.6.13 and 1.6.14 of the PWS. The reasonableness and allowability of travel costs shall be governed by Federal Acquisition Regulation (FAR) 31.205-46 not to exceed $26,522.50.

NET AMT

FFP

Contractor is required to enter all contractor data into Contract Manpower Reporting (CMR) system in accordance with the PWS. Data must be accurate, complete, and entered into the CMR prior to 31 October of each year the contract is in force.

NET AMT

6-MONTHS OPTION TO EXTEND SERVICES

Offerors are not required to submit additional documentation for the FAR 52.217-8 Option to Extend Services. The Government will evaluate Option Year 2, which has a period of performance of 12-months, and divide it by half to make up the 6-month period of performance on the FAR 52.217-8 Option to Extend Services.

NET AMT

INSTRUCTIONS TO OFFERORS

Synopsis/Solicitation

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1. GENERAL INSTRUCTIONS:

1.1 The selection procedures for the issuance of this requirement have been developed in accordance with Federal Acquisition Regulation (FAR) Part 12 Commercial Acquisitions. The solicitation proposals will be evaluated using the criteria prescribed in the, “Evaluation Factors for Award” Section.

1.2 Proposal Instructions. The submission of the documentation specified below will constitute the Offeror’s acceptance of the terms and conditions of the solicitation, concurrence with the Performance Work Statement (PWS). The proposal shall be presented in sufficient detail to allow the Government evaluation of response to the requirements of Request for Proposal (RFP). The proposal must not merely repeat back the RFP’s requirement, but rather must provide convincing documentary evidence in support of conclusive statements of how the contract requirements will be met.

1.3 These instructions prescribe the format for the solicitation and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

1.4 In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful proposals. Unless the Offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

1.5 If an Offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise unsound, the Offeror shall immediately notify the contracting office in writing with supporting rationale. The Offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

1.6 All questions concerning this procurement, either technical or contractual, must be submitted in writing to the Contracting Officer and Contract Specialist. No direct discussion between any other Government technical representative and a prospective Offeror will be conducted. Communications will be conducted via e-mail. Questions shall be sent to Emelda Long and courtesy copy (cc) Mike Tully.

Emelda Long Contract Specialist Emelda.long.civ@mail.mil Michael Tully Contracting Officer michael.r.tully.civ@mail.mil

1.7 Post-award Notices and Debriefings. Post-award notices and debriefings will be conducted in accordance with FAR 15.503(b).

2. PROPOSAL SUBMISSION:

2.1 Offeror’s proposal shall consist of three (3) volumes. The volumes are: Volume I – Technical/Mission Capability Volume II – Price/Cost Plan and Volume III – Solicitation, Offer and Award.

2.1.1 Each proposal shall be submitted in the English language and consist of and include all of the following:

a. One (1) signed and completed electronic copy of the attached Standard Form 1449 and continuation sheets (Sections A through M) signed by a person authorized to enter into the proposed contract on behalf of the Offeror. Acknowledge of all amendments to the RFP and all continuation sheets are to be filled in as directed, i.e. proposed prices in the Pricing Matrices and Certifications and Representations. Offerors are directed to thoroughly read the RFP and fill in the required information in the appropriate RFP clauses. For any fill-ins that are not applicable, the Offeror must acknowledge by indicating N/A. The proposal must also include computation for use of Government Property, if applicable.

b. Each of the three volumes listed below shall be on its own CD. An offeror shall provide four (4) CD copies for each volume. Each CD shall be complied using Microsoft Office for Windows suite of applications, submitted on a single-write CD-ROM to prevent accidental erasure of the data item therein, formatted for a MS Windows computer. Each CD must be clearly marked with the Offerors Name and the RFP number and mailed to:

Ms. Emelda Long, Contract Specialist Army Contracting Command – New Jersey 5418 S. Scott Plaza, 2nd Floor – Information Technology Section Joint Base MDL, New Jersey 08641

c. Representations through System for Award Management. The purpose of electronic Representations and Certifications is to provide all Offerors with a portal in which to submit Reps/Certs in a publicly accessible format, nullifying the requirement to submit identical information in response to each and every Federal RFP. As a requirement under the instant RFP, all Offerors must submit Reps/Certs data into the System for Award Management (SAM.) at https://www.sam.gov/. Any Offeror that has previously submitted Reps/Certs data into SAM is reminded to update the data prior to submitting with the proposal.

2.2 PROPOSAL FORMAT:

2.2.1 Offerors are required to meet all solicitation requirements, such as terms and conditions and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award.

2.2.2 Each proposal shall be submitted in separate volumes. Volume I will consist of the Technical/Mission Capability Factor, Volume II will consist of Cost/Price Factor and Volume III Volume 1: Technical Factor (30 Pages Maximum) to include the Management and Technical Capability Sub-factors. The Key Personnel Resumes shall be limited to two pages per resume and do not count against the page limit.

Volume 2: Cost/Price Factor. (No Maximum) Volume 3: Solicitation, Offer and Award (No Maximum)

2.3 PROPOSAL CONTENT:

2.3.1 Volume I – Technical/Mission Capability.

2.3.1.1. General. The Technical/Mission Capability volume shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Legibility, clarity and coherence are very important. The Mission Capability volume will be evaluated against the evaluation factors defined in Evaluation Factors for Award. The Technical/Mission Capability volume should not simply rephrase or restate the Government's requirements; the volume shall provide convincing rationale to address how the Offeror intends to meet the Government’s requirements. Statements such as “the Offeror understands, can, or will comply with the PWS,” (including referenced publications, technical data, etc.); statements paraphrasing the PWS or parts thereof (including applicable publications, technical data, etc.); and phrases such as “standard procedures will be employed” or “well known techniques will be used,” etc., will be considered unacceptable and will negatively impact the Offeror’s rating. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the Offerors’' Proposal. Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired. Volume I must not include pricing information.

2.3.1.2. Format. The Technical/Mission Capability volume shall be prepared in an orderly format and in sufficient detail to enable the Government to make a thorough evaluation of the Offeror’s technical competence and ability to comply with the solicitation requirements specified in the PWS.

2.3.2 Volume II – Price.

2.3.2.1 General. Offerors are required to submit a price proposal per the pricing schedule set forth Services and Prices/Costs. Failure to follow the below Proposal preparation instructions may result in the Offeror’s proposal being deemed unacceptable by the Government.

2.3.2.2 Offerors shall submit their offer by completing the Pricing Workbook (Priced) (Attachment 0001).

2.3.2.3 The Offerors proposals shall contain sufficient cost documentation for analysis and evaluation of the proposed costs in accordance with FAR 15.403-5(b)(2). All cost proposals and supporting schedules shall be submitted in Microsoft Excel format and MUST HAVE THE FORMULAS INTACT AND FUNCTIONING. If an Offeror fails to propose prices for all CLINs or fails to provide an adequate proposal, the Government may reject the offer.

2.3.2.4 Volume III Solicitation, Offer and Award Documents

2.3.2.4.1 Certifications and Representations - Each Offeror shall complete (fill-in and signatures) the RFP sections indicated below using the file (without modification to the file) provided with the RFP. An authorized official of the firm shall sign the SF 1449 and all certifications requiring original signature. An Acrobat PDF file shall be created to capture the signatures for submission.

Solicitations, Offer, Consent Form, Award Documents and Certifications / Representations shall not be addressed separately from that submitted in VOLUME III SOLICITATION, OFFER AND AWARD DOCUMENTS.

EVALUATION FACTORS

EVALUATION FACTORS FOR AWARD

FORSCOM Logistics Training Cluster (FLTC) Program Support

SOLICITATION: W15QKN-17-R-1051

1.1 BASIS FOR AWARD

A. Introduction: The Government intends to make a new, single Firm Fixed Price (FFP) contract award to a Small Business vendor as a result of this solicitation. This acquisition will utilize the Lowest Priced Technically Acceptable (LPTA) procedure to make an award. For those offerors who are determined to be technically acceptable, award will be made to the vendor with the lowest overall price based on the results of the evaluation described in the paragraphs below.

B. The Government will evaluate the Offeror’s Technical/Mission Capability proposal to determine whether it satisfies the requirements of the PWS and is executable as proposed. In order to be considered for award, there must be an “acceptable” rating in every mission capability factor/sub-factor. To receive consideration for award, a rating of no less that Acceptable must be achieved for the Technical Factor. A determination will be rendered as to whether the mission capability proposal is evaluated as Acceptable or Unacceptable as follows:

Offerors shall fill-in and complete the Labor Category Matrix spreadsheet as part of their price proposal submission. This shall be considered the only acceptable format for the price proposals. Submission shall be evaluated, for award purposes, based upon the total price proposed for the basic requirements (basic award) and all options and other price-related topics. The sum of all CLINs (base Year and Options) will represent the total evaluated price. Offeror's are advised that the evaluation of all options, including FAR 52.217-8 does not obligate the Government to exercise such options.

Offerors are not required to submit additional documentation for the FAR 52.217-8 Option. The Government will evaluate Option Year 2, which has a period of performance of 12-months, and divide it by half to make up the 6-month period of performance on the FAR 52.217-8 Option.

1.2 Award. The Government intends to issue a FFP contract as a result of the solicitation. The Government intends to evaluate proposals and award a contract without discussions. The Offeror’s initial proposal should contain their best terms from a cost and technical standpoint. If revised proposals are requested, they will be evaluated against the same criteria as were the initial proposals.

2. Evaluation Criteria

2.1. Evaluation criteria consist of two (2) evaluation factors below:

Factor 1: Technical/Mission Capability

2.2. Evaluation Factors. The Government’s technical evaluation team will evaluate proposals to determine either technically acceptable or technically unacceptable (price excluded). In order to be considered technically acceptable, the response for each factor must be determined acceptable and must demonstrate an understanding of the requirements for all task areas described in the PWS. The proposal must demonstrate a practical/functional technical approach that meets the needs of the solicitation. Failure to meet the criteria will render the proposal to be technically unacceptable and will not be considered for award.

2.2.1. Factor 1: Technical/Mission Capability

2.2.1.1. Technical Acceptability Subfactor 1 -Technical Approach: To be deemed technically acceptable, the Offeror’s Technical Approach must demonstrate:

(i) Knowledge/Skills. An understanding of all tasks specified in this solicitation and the proposal describes how the requirement will be satisfied through clear methodologies, techniques, and detailed technical approach to meet the required objectives in the performance of technical requirements identified in PWS.

(ii) Phase-In Plan. A realistic and effective phase in approach that demonstrates how the Offeror will be fully staffed and operational by the start date of the contract.

(iii) Quality Control. In evaluating the proposal the assessment will concentrate on the offeror’s efforts and ability to provide and maintain quality services. The proposal will be evaluated to include methods to identify and correct deficiencies; the relationship between the offerror’s quality control personnel and the proposed organization including reporting requirements; and feedback.

2.2.1.2. Technical Acceptability Subfactor 2- Management Approach: To be deemed technically acceptable, the Offeror’s Management Approach must demonstrate:

Factor 2: Price

2.2.2. Factor 2: Price. The Offeror’s price submission to include options will be evaluated considering the response to the solicitation. The techniques and procedures described under FAR Part 15.404 will be the primary means of assessing price reasonableness.

2.2.3. Options. The Government will evaluate offers for award purposes by adding the total cost for all options to the total cost for the basic requirement. The Government may determine that an offer is unacceptable if the option costs are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). Thus, the Offeror’s total price for the purpose of evaluation will include the base period, first option, and second option. Offerors are required only to price the base and two options. Included in the solicitation is an Option to Extend Services under FAR Clause 52.217-8, which would be equal to the half of the last option period if exercised.

C. PROPOSAL SUBMISSION

The Offeror shall submit their proposal, via express courier directly to Emelda Long at Emelda.long.civ@mail.mil and Michael.r.tully.civ@mail.mil. The Offeror’s proposal shall respond to the Solicitation requirements, present the Offeror’s capabilities and be comprehensive enough to provide a substantive basis for evaluation by the Government. The Government will neither assume nor consider anything that is not specifically addressed; therefore, submissions should be sufficiently detailed to permit a complete and accurate evaluation. No alternate proposals will be considered. Clarity and responsiveness are of the utmost importance. The Offeror’s proposal shall be clear, concise, logically and cohesively organized, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal shall provide rationale to address how the offeror intends to meet specified requirements. Files shall not contain classified data. Proprietary information shall be clearly marked.

All submissions must be received by the closing date and time identified in the Solicitation, to the following:

Emelda Long Contract Specialist Army Contracting Command - NJ Phone: (609) 562-2691 Emelda.long.civ@mail.mil Michael Tully Contracting Officer Army Contracting Command - NJ Phone: (609) 562-8012 michael.r.tully.civ@mail.mil The Contracting Officer and the Contract Specialist are the sole points of contact for this acquisition. Address all questions or concerns (within the timeframe specified in the solicitation), you may have, to the Contracting Officer and Contract Specialist. All questions regarding this Solicitation shall be submitted in via electronic mail NLT Wednesday, 26 July 2017 at 3 PM EST.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

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.