Soliciation_and_Combined_Synopsis_20171117.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number for this acquisition is W912DQ-18-R-1000 and it is being issued as a Request for Quote (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-52.

This RFQ shall be set aside for small businesses and the associated North American Industry Classification System (NAICS) code is 561720 and the business size standard is $18M.

FAR 52.212-1, Instructions to Offerors – Commercial, does apply to this acquisition with no addenda to the provision.

FAR 52.212-2, Evaluation – Commercial Items, does apply to this acquisition. The specific evaluation criteria to be included are detailed in Section I of this combined synopsis/solicitation.

Offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, with its offer. This provision is included in Section I of this combined synopsis/solicitation.

FAR 52.212-4, Contract Terms and Conditions – Commercial Items, does apply to this acquisition with no addenda to the provision.

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition. The specific clauses required are detailed in Section I of this combined synopsis/solicitation.

PARK ATTENDANT/CUSTODIAN SERVICE AT VARIOUS LAKE OFFICES

The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision and other items and services necessary to perform park attendant/custodian services as described in the performance work statement (PWS). The contractor shall adhere to all local, state and federal regulations.

Past Performance Questionnaires, Experience Form and Solicitation return pages shall be returned to:

Michael J. Scism Michael.J.Scism@usace.army.mil

ATTN: CECT-NWK-C

647 Federal Building 601 E 12th Street, Room 647 Kansas City, Missouri 64106

ALL PROPOSALS ARE DUE NO LATER THAN 12 January 2018 AT 2:00

PM CENTRAL.

OFFERORS INTERESTED IN RESPONDING TO THIS RFP MUST SUBMIT THEIR

PROPOSAL ON THE ATTACHED SYNOPSIS/SOLICITATION. Award will be made to the offeror providing the best value. Any questions regarding this synopsis/solicitation must be submitted by e-mail to the point of contact below. The System for Award Management (SAM) is a Federal Government owned and operated FREE web site that consolidates the capabilities in CCR, ORCA, and EPLS. All vendors must verify their information through this web site. If you were previously registered in CCR and ORCA, your organization's information is already in SAM. You just need to set up a SAM account and migrate your CCR roles. If you were previously registered in CCR, your registration should have been moved to SAM, and you just need to open an account, see the following link for instructions:

https://www.sam.gov/sam/transcript/Quick_Guide_for_Updating_or_Renewing_CCR- SAM_Registrations.pdf

If you were not previously registered, please go to https://www.sam.gov. Instructions for new registration are also located at the following link https://www.sam.gov/sam/transcript/Quick_Guide_for_Contract_Registrations.pdf to register.

Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.sam.gov or by calling (866) 606-8220.

If you have questions about Government procurements in general or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org/contracting-assistance/.

The Government reserves the right to cancel this combined synopsis/solicitation. Any questions should be sent to Michael Scism at (816) 389-3719 or at Michael.J.Scism@usace.army.mil

(End of Synopsis)

W912DQ18R1000

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

Additional Information & Instructions to Offerors

The Government is looking to award 48 contracts from this solicitation. The table below lists all 48 areas for which we anticipate creating contracts. To place a quote for one (or more) of these areas download and review the attachment that is applicable to the area(s) that you wish to quote and input your yearly prices into the first page of the applicable attachment(s) and return along with your past performance and experience forms. Please submit all documents or questions to the contract specialist Mr. Michael Scism at Michael.J.Scism@usace.army.mil Phone: (816) 389-3719.

Area/Performance Work Statement Cross-Reference (Table 1) No# Lake Park Type Years Start Date

1 Clinton Hickory Park Custodian 3 05/01/18 2 Kanopolis Riverside Park Attendant/Custodian 3 05/16/18 3 Melvern Outlet Park (North) Custodian 3 04/01/18 4 Melvern Outlet Park (South) Custodian 3 05/01/18 5 Melvern Upstream Park Custodian 3 05/01/18 6 Melvern Outlet Park Attendant 3 04/01/18 7 Melvern Turkey Point Park Attendant 3 05/01/18 8 Pomona Combined Parks Custodian 3 05/01/18 9 Pomona Wolf Creek Park Attendant 3 05/01/18

10 Wilson Lucas Park Custodian 3 05/15/18 11 Wilson Minooka Park Attendant 2 05/01/18 12 Perry Slough Creek Park Attendant 3 04/15/18 13 Perry Rock Creek Park Attendant 3 05/01/18 14 Perry Slough Creek Park Custodian 3 04/14/18 15 Perry Rock Creek Park Custodian 3 04/30/18 16 Perry Day Use Area Park Custodian 3 05/01/18 17 Pomme De Terre Pomme De Terre Attendant 2 04/16/18 18 Harlan Facility Clean UP Custodian 3 05/01/18 19 Harlan Hunter Cove Attendant 3 04/24/18 20 Harlan Hunter Cove Custodian 3 05/01/18 21 Harlan Methodist Cove Custodian 3 05/01/18 22 Milford Day Use Area Custodian 3 04/01/18

Milford

Farnum Creek Public Use

Attendant/Custodian 3 04/15/18

24 Milford West Rolling Hills Attendant 3 04/15/18 25 Milford West Rolling Hills Custodian 3 04/15/18 26 Rathbun Bridge View Park Custodian 3 04/27/18 27 Rathbun Buck Creek Prairie Custodian 3 05/04/18 28 Rathbun Fire Ring Custodian 3 04/28/18 29 Rathbun Island View Camp Custodian 3 04/27/18 30 Rathbun Island View Day Custodian 3 04/27/18 31 Rathbun Bridge View Park Attendant 3 04/26/18 32 Stockton Hawker Point Attendant/Custodian 3 04/16/18 33 Stockton Orleans Trail Attendant/Custodian 3 04/16/18 34 Stockton Crabtree / Hawker Relief

Attendant/Custodian 3 04/16/18

35 Stockton Ruark Bluff West Attendant 3 04/16/18 36 Stockton Area 1 Custodian 3 04/16/18 37 Stockton Crabtree Cove Attendant/Custodian 3 04/16/18

38 Tuttle Tuttle Creek Cove Attendant/Custodian 3 04/15/18 39 Truman Berry Bend South Custodian 3 04/10/18 40 Truman Talley Bend Attendant/Custodian 3 04/10/18 41 Truman Thibaut Point Attendant 3 04/15/18 42 Truman Long Shoal Attendant 3 04/15/18 43 Truman Long Shoal Osage Relief Attendant 3 04/15/18 44 Truman Bucksaw

Sparrowfoot Relief Attendant 04/15/18

45 Truman Berry Bend Attendant 3 04/15/18 46 Truman TP OB FF SC Custodian 3 04/10/18 47 Truman Sparrowfoot Custodian 3 04/10/18 48 Truman Long Shoal Custodian 3 04/10/18

To facilitate the bidding process we are providing pricing and information regarding previous contracts for these areas. The table below contains pricing and additional information from the last time these requirements were on contract.

Previous Contract Information (Table 2)

No# LAKE PARK *OLD

CONTRAC

T

TYPE

Total Years

BASE OPT YR 1 OPT YR 2 OPT YR 3 Total

Clinton

Hickory Park

14-C-1005 CU 4 11,000 11,000 11,000 11,000 44,000

Kanopolis

Riverside Park

16-C-1023 PA/CU 2 6,100 6,250 0 0 12,350

Melvern

Outlet Park

(North)

15-C-1033 CU 3 14,000 14,350 14,700 0 43,050

Melvern

Outlet Park

(South)

15-C-1034 CU 3 10,500 11,000 11,500 0 33,000

5 Melvern Upstream

Park

15-C-1035 CU 3 11,200 11,200 11,200 0 33,600

Melvern

Outlet Park

15-C-1031 PA 3 15,260 15,330 15,400 0 45,990

Melvern

Turkey Point Park

15-C-1032 PA 3 7,620 7,645 7,670 0 22,935

Pomona Combined

Parks

15-C-1002 CU 3 15,050 15,250 15,400 0 45,675

Pomona

Wolf Creek Park

16-P-1017 PA 1 9,600 0 0 0 9,600

10 Wilson Lucas Park 15-C-1012 CU 3 11,000 11,000 11,000 0 33,000

Wilson

Minooka Park

16-C-1045 PA 3 9,250 9,500 0 0 18,750

Perry

Slough Creek Park

15-C-1041 PA 3 9,800 9,800 9,800 0 29,400

Perry

Rock Creek Park

15-C-1040 PA 3 7,000 7,500 8,000 0 29,400

Perry

Slough Creek Park

NEW CU 0 0 0 0 0 0

Perry

Rock Creek Park

NEW CU 0 0 0 0 0 0

Perry

Day Use Area Park

NEW CU 0 0 0 0 0 0

Pomme De

Terre Pomme De Terre

17-C-1008 PA 3 6500 6500 6500 0 19500

Harlan

Facility Clean UP

15-C-1014 CU 3 6,400 6,400 6,400 0 19,200

Harlan

Hunter Cove

16-C-1012 PA 2 10,750 11,000 0 0 21,750

Harlan Hunter

Cove

15-C-1016 CU 3 8,000 8,000 8,000 0 24,000

Harlan

Methodist Cove

15-C-1015 CU 3 7,050 7,050 7,050 0 21,150

Milford

Day Use Area

15-C-1038 CU 3 11,750 12,000 12,250 0 36,000

Milford

Farnum Creek

Public Use

15-C-1036 PA CU 3 10,500 10,500 11,000 0 32,000

Milford

West Rolling

Hills

15-C-1037 PA 3 9,999 9,999 9,999 0 29,997

Milford

West Rolling

Hills

15-C-1039 CU 3 9,500 9,500 9,500 0 28,500

Rathbun Bridge

View Park

16-C-1031 CU 2 14,750 14,750 0 0 29,500

27 Rathbun Buck Creek Prairie

16-C-1032 CU 2 22,500 23,500 0 0 46,000

28 Rathbun Fire Ring 16-C-1035 CU 2 12,000 12,000 0 0 24,000

29 Rathbun Island View Camp

16-C-1033 CU 2 15,750 15,750 0 0 31,500

30 Rathbun Island

View Day

16-C-1034 CU 2 12,700 12,700 0 0 25,400

31 Rathbun Bridge View Park

17-C-1024 PA 3 12,400 12,600 12,800 0 37,800

32 Stockton Hawker Point

15-C-1009 PA CU 3 12,900 13,158 13,390 0 39,448

33 Stockton Orleans Trail

17-C-1025 PA CU 3 10,500 10,700 10,900 0 32,100

34 Stockton Crabtree / Hawker

NEW RELIE

F PA

CU

0 0 0 0 0 0

35 Stockton Ruark Bluff West

16-C-1037 PA 3 9,218 9,495 9,780 0 28,493

36 Stockton Area 1 17-C-1002 CU 3 9,400 9,500 9,600 0 28,500 37 Stockton Crabtree

Cove

17-C-1040 PA CU

38 Tuttle Tuttle Creek Cove

17-C-1023 PA CU 1 15,000 0 0 0 15,000

39 Truman Berry Bend South

NEW CU 0 0 0 0 0 0

40 Truman Talley Bend

15-C-1021 PA CU 2 6,500 6,500 0 0 13,000

41 Truman Thibaut Point

15-C-1024 PA 2 7,709 7,863 0 0 15,572

42 Truman Long Shoal

15-C-1023 PA 3 9,000 9,000 9,000 0 27,000

43 Truman Long Shoal Osage

16-C-1018 RELIE

F PA

3 7,200 4,200 7,200 0 18,600

44 Truman Bucksaw Sparrowfo ot

15-C-1027 RELIE

F PA

3 6,200 6,200 6,200 0 18,600

45 Truman Berry Bend

15-C-1022 PA 3 10,000 11,000 11,000 0 32,000

46 Truman TP OB FF

SC

NEW CU 0 0 0 0 0 0

47 Truman Sparrowfo ot

15-C-1018 CU 3 7,400 7,400 7,400 0 22,200

48 Truman Long Shoal

15-C-1026 CU 3 12,090 12,090 12,090 0 36,270

*All contracts from the Kansas City District begin with W912DQ.

**PA = PARK ATTENDANT CU = CUSTODIAN

OPSEC REQUIREMENTS

ANTITERRORISM/OPERATION SECURITY REQUIREMENTS

All contractor and all associated sub‐contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

All contractor and all associated sub‐contractors employees will receive a CORPS Watch information paper (provided by the authorized government representative) and provide a written acknowledgement to the COR, no later than 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract.

The Contractor must pre‐screen candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The vendor must ensure that the candidate has two valid forms of government issued identification to ensure the correct information is entered into the E‐verify system. An initial list of verified/eligible candidates must be provided to the COR no later than 3 business days after the initial contract award.

Per the E-Verify Website the following exemptions apply:

Employers whose contracts are exempt from the E-Verify federal contractor rule are not required to enroll in E-Verify. A contract is considered exempt if any one of the following applies: (1) It is for fewer than 120 days. (2) It is valued at less than $150,000, the simplified acquisition threshold (Source: http://www.uscis.gov/e-verify/federal-contractors/exemptions-and-exceptions).

All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

ADDTIONAL INFORMATION

Insurance, Surety, and Mandatory Documents Clarifications In response to multiple questions we are posting the following clarifications to assist offerors in preparation of their quotes:

1. Several performance work statements (attachments 1-48) may contain language referencing the FAR clause 52.228-5 “Insurance-Work on a Government Installation”. The requirements of this clause only apply to contracts greater than $150,000. If your quote is less than $150,000 then you do not need to purchase any additional insurance required by this clause.

2. Performance work statements for park attendant contracts may contain a requirement for a successful offeror to obtain a surety, typically in the amount of $5,000, before work can begin. This requirement is mandatory for successful offerors. We are aware that under previous contracts the required amount was $2,500 or less, however regulatory changes have increased the required amount.

3. There have been questions about what documents are required for a quote to be considered for award. We encourage offerors to read Section H (page 3) of the solicitation which contains instructions and additional information as well as the selection criteria contained in the provision 52.212-2 “Evaluation – Commercial Items” (page 9). Additionally we would like to clarify that the following documents are mandatory and are required to be submitted as part of a successful quote:

a. Quote Pricing Sheet – This is the first page of the performance work statement that applies to the contract area that you are submitting a quote for this year (Attachments 1-48).

i. Note: You may submit quotes for only one area or any combination of multiple areas.

You do not have to submit a quote for all 48 areas.

ii. Note: Input your yearly pricing in the blocks on the right and total them in the final column. Prices must be stated as an annual total not monthly. This pricing sheet deviates from a traditional SF1449 format.

iii. Note: The first table in Section H of the solicitation (page 3) contains a list of all areas.

b. Related Experience Form

i. Note: You may submit more than one related experience form, however there is no stated evaluation preference for quotes with multiple related experience forms (See 52.212-2).

c. Past Performance Questionnaire

i. Note: The top portion is to be completed by the offeror and the bottom portion of this document needs to be completed by a customer who you previously worked for.

ii. Note: You may submit more than one past performance questionnaire, however there is no stated evaluation preference for quotes with multiple past performance questionnaires (See 52.212-2).

If you have any additional questions then please contact the contracting specialist Michael Scism at Michael.J.Scism@usace.army.mil

PAGE LEFT BLANK ON PURPOSE

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2016)

DEC 2016

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 252.225-7036 Buy American--Free Trade Agreement--Balance of Payments

Program--Basic (DEC 2016)

DEC 2016

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

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:

In accordance with FAR 13.106-1 the following factors shall be used to evaluate offers: (1) Past Performance,

(2) Relative Experience, and (3) Price. The contract award will be made to the offeror providing the best value to the Government. The Government reserves the right to award to an offeror providing other than the lowest price offer based on the technical merits of the offeror’s proposal.

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

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

(End of provision)

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

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“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.

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

(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.

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“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.

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“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).

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“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).

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“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 SAM.]

(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.

(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.

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

(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) 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 Subparts 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. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other 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.”

Other Foreign End Products:

Line Item No. Country of Origin

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade…