A.07.23_-_Solicitation_W912DW-17-Q-0050_-_Yakima_Levee_Equipment.pdf

SEE ADDENDUM

(No Collect Calls)

W912DW-17-Q-0050 06-May-2017

b. TELEPHONE NUMBER

206-316 -3877

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 18 May 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DW9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DARRELL D HUTCHENS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W68MD970795483

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CECT-NWS

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 960506 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

US ARMY CORPS OF ENGINEERS

SEATTLE DISTRICT

PO BOX 3755

SEATTLE WA 98124-3755

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$15.0M

NAICS:

238910

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF67

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912DW-17-Q-0050

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

EQUIPMENT RENTAL --- PROJECT NO.: 457318

EQUIPMENT RENTAL --- PROJECT NO.: 457318

FOB: Destination

PURCHASE REQUEST NUMBER: W68MD970795483

FFP

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

EQUIPMENT RENTAL --- PROJECT NO.: 460856

EQUIPMENT RENTAL --- PROJECT NO.: 460856

FOB: Destination

PURCHASE REQUEST NUMBER: W68MD970795483

FFP

NET AMT

SOW

SCOPE OF WORK

Yakima Federal Levee Rehabilitation

Equipment

1) EQUIPMENT REQUIRED:

Furnish all necessary supplies, materials, earthmoving and support equipment; complete with operator.

a) 1 each-CE-1, Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Similar to 300 series, min hp 200, min lbs 70,000, min reach 30ft

(i) Mob/Demob

(ii) Base - 260 Hours of Regular Time and 120 Hours of Overtime

(iii) Option - 80 Hours of Regular Time and 40 Hours of Overtime

(iv) Local one way mobilization between sites, Maximum distance of 10 miles

b) 1 each-CE-2, Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Similar to 300 series, min hp 200,

(i) Mob/Demob

(ii) Base - 260 Hours of Regular Time and 120 Hours of Overtime

c) 1 each-CE-3, Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Similar to CAT 328D LCR

(Compact Radius) series, min hp 200, min lbs 70,000, min reach 30ft

(i) Mob/Demob

(ii) Base - 240 Hours of Regular Time and 120 Hours of Overtime

(iii) Option - 240 Hours of Regular Time and 120 Hours of Overtime

d) 1 each-CE-4, Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Similar to CAT 328D LCR

(i) Mob/Demob

(ii) Base - 240 Hours of Regular Time and 120 Hours of Overtime

e) 1 each-CE-5, Loader, Rubber Tire Similar to 966, min hp 250, min lbs 48,000, min 4cy bucket

(i) Mob/Demob

(ii) Base - 260 Hours of Regular Time and 120 Hours of Overtime

f) 1 each-CE-6, Water Truck, Min 3,500 gallon tank, tank opening 22”, fill air gap at top of tank, pump drive direct from truck, sprinkler heads 2 at front, one each side in the middle, 2 in the rear.

(i) Mob/Demob

(ii) Base - 260 Hours of Regular Time and 120 Hours of Overtime

g) 1 each-CE-7, 10-12 cy Solo Dump truck, to haul Class V Riprap

(ii) Base - 240 Hours of Regular Time and 120 Hours of Overtime

h) 1 each-CE-8, 10-12 cy Solo Dump truck, to haul Class V Riprap

i) 1 each-CE-9, 10-12 cy Solo Dump truck, to haul Class V Riprap

j) 1 each-CE-10, 10-12 cy Solo Dump truck, to haul Class V Riprap

k) 1 each-CE-11, 10-12 cy Solo Dump truck, to haul Class V Riprap

Option - 80 Hours of Regular Time and 40 Hours of Overtime

l) 1 each-CE-12, 10-12 cy Solo Dump truck, to haul Class V Riprap

Option - 80 Hours of Regular Time and 40 Hours of Overtime

m) 1 each-CE-13, Grader, Similar to 12H, min hp 140, min lbs 30,000, min blade length 12ft

(ii) Base – 40 Hours of Regular Time

(iii) Option – 20 Hours of Regular Time

n) 1 each-CE 14, Dozer, Similar to D6, min hp 140, min lbs 32,000, 6-way blade

(i) Mob/Demob – 2 each

(ii) Base – 40 Hours of Regular Time and 20 Hours of Overtime

(iii) Option – 40 Hours of Regular Time and 20 Hours of Overtime

o) 1 each-CE-15, Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Similar to 120 series LCR

(Compact Radius) series, min hp 85, min lbs 25,000, min reach 30ft

(i) Mob/Demob

(ii) Base - 40 Hours of Regular Time and 20 Hours of Overtime

(iii) Option - 40 Hours of Regular Time and 20 Hours of Overtime

2) LOCATION:

Equipment and operator furnished under this Purchase Order shall be delivered to and used at the Yakima Federal Levee System, located in Yakima, WA. See attached maps. All work will be coordinated with the On-site Government representative.

WORK TO BE DONE:

Equipment and operator will be used to reconstruct the damaged levee, to include hauling and placing riprap, rock products and embankment materials.

3) COMMENCEMENT, PROSECUTION AND COMPLETION:

It is anticipated work shall commence within 7 days after contract award or as directed by the Contracting Officer (KO) or Quality Assurance Representative (QAR.) The anticipated period of performance (POP) is 12 June 2017 thru 15 August 2017.

4) INSPECTION AND SUPERVISION:

All work will be conducted under direction of the Emergency Management Branch, Seattle District, Corps of Engineers. The QAR is responsible for ensuring the work is performned in accordance with this performance work statement. The QAR has no authority to change the contract in any way.

5) SAFETY REQUIREMENTS:

Operation of equipment shall be conducted in accordance with the requirements of EM 385-1-1, “Safety and Health Requirements Manual”. All personnel are required to have PPE in accordance with EM 385 1-1. EM 385 1-1 can be found at: http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

6) SECURITY:

Pre-screen candidates using E-Verify Program. Proposed language: "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.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 prior to enrollment 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." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

7) DAVIS-BACON WAGE RATE:

Davis-Bacon Wage Rates are to be paid unless equipment is owner operated. Owner operators are reminded when a twenty-four hour operation is in effect, and if another individual is operating this equipment, the owner operator is REQUIRED to pay that individual Davis-Bacon Wage Rates for the type of equipment operated. Some employees might not be covered under this Davis-Bacon award. Material delivery truck drivers not employed directly on the site of work are currently not covered by the Davis-Bacon Wage Rate.

8) LUNCH:

A ½ hour lunch break is mandatory during an eight to twelve hour shift and will be deducted whether it is taken or not. All contractor and Owner Operators are strongly encouraged to take half hour break.

9) MEASUREMENT AND PAYMENT:

(a) Measurement

For the purpose of calculating payrolls, the workweek is based on seven (7) consecutive days, beginning at 0001 hours (0:01 AM) Monday and ending at 2400 hours (12:00 midnight) Sunday. This work week shall remain fixed throughout the performance period of this purchase order. Overtime will be paid for work performed under this contract in excess of 40 hours within a work week.

(b) Payment

(1) Mobilization and Demobilization: Payment will be made at the purchase order lump sum price for (items including) Mobilization and Demobilization, payment of which shall constitute full compensation for assembling equipment at site preparatory to starting work, and for removing it there from at completion of the work under direction of the Contracting Officer.

10) MAIL INVOICES TO:

Seattle District, Corps of Engineers

ATTN: CENWS-OD-EM

PO Box 3755 Seattle, WA 98124-3755

Certified Payrolls and Owner/Operator Statements should be sent to the field office, if applicable. Otherwise, mail to the above address.

Payment will be based on the actual hours worked as reflected by the US Army Corps of Engineers, Seattle District, rented equipment record. Invoices will show actual hours worked, partial payments authorized.

Award will be a fim-fixed price non-personal services contract.

PRICE SCHEDULE

PRICING SCHEDULE

Furnish all necessary supplies, materials, and earthmoving and support equipment, complete with operator to accomplish revetment work located in the vicinity of Yakima, Yakima County, Washington

Item 1 - 1 each-CE-1, Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Similar to 300 series, min hp 200, min lbs 70,000, min reach 30ft BASE Mobilization / Demobilization 1 Lump Sum $

Local Mobilization between sites (max distance 10 miles) 1 Lump Sum $

BASE Regular Hourly Rate $ x 260 Hours (est. Quantity) =

Total

BASE Overtime Hourly Rate $ x 120 Hours (est. Quantity) =

Total

Base Total $

OPTION Regular Hourly Rate $ x 80 Hours (est. Quantity) =

Total

OPTION Overtime Hourly Rate $135 x 40 Hours (est. Quantity) =

Total

Option Total $

GRAND TOTAL CE $

Item 2 - 1 each-CE-2, Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Similar to 300 series, min hp 200, SE Mobilization / Demobilization 1 Lump Sum $

Equipment

BASE Regular Hourly Rate $ x 260 Hours (est. Quantity) =

Total

BASE Overtime Hourly Rate $ x 120 Hours (est. Quantity) =

Total

Base Total

OPTION Overtime Hourly Rate $135 x 40 Hours (est. Quantity) =

Total

Item 3 - 1 each-CE-3, Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Similar to CAT 328D LCR

SE Mobilization / Demobilization 1 Lump Sum $

Local Mobilization between sites (max distance 10 miles) 1 Lump Sum $

Equipment

BASE Regular Hourly Rate $ x 240 Hours (est. Quantity) =

Total

BASE Overtime Hourly Rate $ x 120 Hours (est. Quantity) =

Total

OPTION Regular Hourly Rate $ x 240 Hours (est. Quantity) =

OPTION Overtime Hourly Rate $135 x 120 Hours (est. Quantity) =

Total

Item 4 - 1 each-CE-4, Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Similar to CAT 328D LCR

SE Mobilization / Demobilization 1 Lump Sum $

Local Mobilization between sites (max distance 10 miles) 1 Lump Sum $

Equipment

BASE Regular Hourly Rate $ x 240 Hours (est. Quantity) =

Total

BASE Overtime Hourly Rate $ x 120 Hours (est. Quantity) =

Total

OPTION Overtime Hourly Rate $135 x 40 Hours (est. Quantity) =

Total

Item 5 - 1 each-CE-5, Loader, Rubber Tire Similar to 966, min hp 250, min lbs 48,000, min 4cy bucket

Equipment

BASE Regular Hourly Rate $ x 260 Hours (est. Quantity) =

Total

BASE Overtime Hourly Rate $ x 120 Hours (est. Quantity) =

Total

OPTION Overtime Hourly Rate $135 x 40 Hours (est. Quantity) =

Total

Item 6 - 1 each-CE-6, Water Truck, Min 3,500 gallon tank, tank opening 22”, fill air gap at top of tank, pump drive direct from truck, sprinkler heads 2 at front, one each side in the middle, 2 in the rear.

SE Mobilization / Demobilization 1 Lump Sum $

Equipment

BASE Regular Hourly Rate $ x 260 Hours (est. Quantity) =

Total

BASE Overtime Hourly Rate $ x 120 Hours (est. Quantity) =

Total

OPTION Overtime Hourly Rate $135 x 40 Hours (est. Quantity) =

Total

Item 7 - 1 each-CE-7, 10-12 cy Solo Dump truck, to haul Class V Riprap

Equipment

BASE Regular Hourly Rate $ x 260 Hours (est. Quantity) =

Total

BASE Overtime Hourly Rate $ x 120 Hours (est. Quantity) =

OPTION Overtime Hourly Rate $135 x 40 Hours (est. Quantity) =

Total

Item 8 - 1 each-CE-8, 10-12 cy Solo Dump truck, to haul Class V Riprap

Equipment

BASE Regular Hourly Rate $ x 240 Hours (est. Quantity) =

Total

BASE Overtime Hourly Rate $ x 120 Hours (est. Quantity) =

Total

OPTION Overtime Hourly Rate $135 x 40 Hours (est. Quantity) =

Total

Item 9 - 1 each-CE-9, 10-12 cy Solo Dump truck, to haul Class V Riprap

BASE Regular Hourly Rate $ x 240 Hours (est. Quantity) = $

BASE Overtime Hourly Rate $ x 120 Hours (est. Quantity) =

Total

OPTION Overtime Hourly Rate $135 x 40 Hours (est. Quantity) =

Total

Item 10 - 1 each-CE-10, 10-12 cy Solo Dump truck, to haul Class V Riprap

BASE Regular Hourly Rate $ x 240 Hours (est. Quantity) =

Total

BASE Overtime Hourly Rate $ x 120 Hours (est. Quantity) =

Total

OPTION Overtime Hourly Rate $135 x 40 Hours (est. Quantity) =

Total

Item 11 - 1 each-CE-11, 10-12 cy Solo Dump truck, to haul Class V Riprap

BASE Regular Hourly Rate $ x 240 Hours (est. Quantity) =

BASE Overtime Hourly Rate $ x 120 Hours (est. Quantity) =

Total

OPTION Overtime Hourly Rate $135 x 40 Hours (est. Quantity) =

Total

Item 12 - 1 each-CE-12, 10-12 cy Solo Dump truck, to haul Class V Riprap

BASE Regular Hourly Rate $ x 240 Hours (est. Quantity) =

Total

BASE Overtime Hourly Rate $ x 120 Hours (est. Quantity) =

Total

OPTION Overtime Hourly Rate $135 x 40 Hours (est. Quantity) =

Total

Item 13 - 1 each-CE-13, Grader, Similar to 12H, min hp 140, min lbs 30,000, min blade length 12ft

BASE Regular Hourly Rate $ x 40 Hours (est. Quantity) =

Total

OPTION Regular Hourly Rate $ x 20 Hours (est. Quantity) =

Item 14 - 1 each-CE 14, Dozer, Similar to D6, min hp 140, min lbs 32,000, 6-way blade

Equipment

BASE Regular Hourly Rate $ x 40 Hours (est. Quantity) =

Total

BASE Overtime Hourly Rate $ x 20 Hours (est. Quantity) =

Total

OPTION Regular Hourly Rate $ x 40 Hours (est. Quantity) =

OPTION Overtime Hourly Rate $135 x 20 Hours (est. Quantity) =

Total

Item 15 - 1 each-CE-15, Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Similar to 120 series LCR (Compact Radius) series, min hp 85, min lbs 25,000, min reach 30ft

BASE Regular Hourly Rate $ x 40 Hours (est. Quantity) =

Total

BASE Overtime Hourly Rate $ x 20 Hours (est. Quantity) =

Total

OPTION Regular Hourly Rate $ x 40 Hours (est. Quantity) =

OPTION Overtime Hourly Rate $135 x 20 Hours (est. Quantity) =

Total

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 12-JUN-2017 TO

15-AUG-2017

N/A US ARMY CORPS OF ENGINEERS

SEATTLE DISTRICT

PO BOX 3755

SEATTLE WA 98124-3755

FOB: Destination

960506

0002 POP 12-JUN-2017 TO

15-AUG-2017

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination 960506

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreeements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-6 Brand Name or Equal AUG 1999 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-13 Notice of Set-Aside of Orders NOV 2011 52.219-14 Limitations On Subcontracting JAN 2017 52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-41 Service Contract Labor Standards MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

MAY 2014

52.222-58 Subcontractor Responsibility Matters Regarding Compliance with Labor Laws (Executive Order 13673)

DEC 2016

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May

2011) Alternate I

MAY 2011

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-1 Payments APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 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 252.203-7003 Agency Office of the Inspector General DEC 2012 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 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 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

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

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

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238910.

(2) The small business size standard is $15.0.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph 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.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) 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 the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

(End of provision)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at 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…