Casey_Break_Room_Combined_Syn_Sol_SAP_(002).pdf

Combined Synopsis/Solicitation Number: W912HQ-17-T-0024 – Request for Offers

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format FAR 12.603 – Streamlined Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Offers are being requested and a written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-95, dated 19 Jan 2017.

The requirement is under NAICS code 236220, Commercial and Institutional Building Construction. The requirement is being set aside for woman owned small business.

Women Owned Small Business (WOSB) Program Certification:

All small businesses that are interested in submitting an offer on a solicitation that has been set aside for WOSBs under the WOSB Program must complete this certification prior to submitting the offer. This includes checking all of the boxes and having an authorized officer of the WOSB sign and date the certification. Once the certification is complete, you must upload it to the

WOSB Program Repository (go to www.sba.gov/wosb) along with all other required documents.

Description: Renovate the current breakroom area and create a new breakroom area with sink and running water. The new breakroom area will combine 1 large open area with a granite kitchen countertop and cabinets, deep sink, 2 stainless steel refrigerators with freezers and 2 stainless steel microwaves, breakroom furniture and chairs on the first floor of the Casey building 2594, located at the Humphrey Engineer Center Support Activity, 7701 Telegraph Road, Alexandria, VA 22315

Contract Line Items: This requirement and associated contract line item numbers (CLINs) is provided below:

CLIN# Description Quantities Units of Measure

Material Cost Labor Cost

Total Cost

0001 Combination Stainless Steel 2

EA

0002 Commercial Grade Microwave 2

EA

0003 Sink with Fixtures and Plumbing 1

EA

0004 Kitchen Counter and Cabinets 1

EA

0005 Electrical Work 1

EA

0006 Carpentry Work 1

EA

0007 Furniture 1 EA http://www.sba.gov/wosb

Basis for award: The Government will award a contract resulting from this combined synopsis solicitation on the basis of the lowest evaluated price of responsible offers whose product/service meets the requirements as listed in the purchase description or performance work statement.

Offerors must submit the following documents for this solicitation in accordance with FAR 52.212-1 – Instructions to Offerors—Commercial Items:

1. Offer using CLIN structure above;

2. A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

3. Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration

Offerors are required to be actively registered with the System for Award Management (SAM) at www.sam.gov prior to award. Offerors are highly encouraged to download and review all attachments to this solicitation prior to submitting an offer.

Period and Place of Performance: The performance period is sixty (60) working days after the contract is awarded.

Performance or Delivery shall take place at: Casey building 2594, located at the Humphrey Engineer Center Support Activity, 7701 Telegraph Road, Alexandria, VA 22315

Date, Time, and Place Offers are Due: The closing date for the delivery of a response to this combined synopsis/solicitation is on or before 1:00 pm Eastern Daylight Time (EDT), on 14 April 2017. Offers should be e-mailed or mailed to the Point of Contact (POC) shown below by the closing date and time. If offers are mailed, an electronic version of the offer (i.e. CD, DVD, etc.) should accompany the paper copy. If an offer is e-mailed to the POC shown below, it is the offeror’s responsibility to ensure that the transmission is received by the Government prior to the closing date and time. Upon receipt of an electronic offer, the Government will acknowledge receipt of that offer via email to the offeror.

Questions: All questions will be answered at one time and answers will be furnished to all offerors. Please submit all questions to the POC listed below via email no later than 1:00 pm EDT, on 7 April 2017.

POC: Joseph Lichman Address: 7701 Telegraph Road Alexandria VA Phone: 703-428-6551 Email: joseph.lichman@usace.army.mil http://www.sam.gov/

Scope of Work

General Overview:

The US Army Corp of Engineers has requested to renovate the current breakroom area and create a new breakroom area with sink and running water. The new breakroom area will combine 1 large open area with a granite kitchen countertop and cabinets, deep sink, 2 stainless steel refrigerators with freezers and 2 stainless steel microwaves, breakroom furniture and chairs on the first floor of the Casey building 2594, located at the Humphrey Engineer Center Support Activity, 7701 Telegraph Road, Alexandria, VA 22315.

A.1 The Contractor shall provide all labor and materials for the demolition and upgrade of the new breakroom area. All work MUST comply with all ADA, NFPA and International building codes standards and guidelines. The contractor shall complete this project within 60 days of award.

A.2 The contractor shall perform the following tasks.

1. The contractor shall purchase and install (1) 18 foot kitchen granite countertop system with above head cabinets, backsplash, hardware, cove base, deep sink with drain and fixtures, running hot and cold water, 2 stainless steel refrigerators with freezers and 2 stainless steel microwaves to be mounted below overhead cabinets. (See attachment1)

2. The contractor shall cut out and remove part of the existing wall to expose water and drain line. The contract shall inspect for serviceability and repair, if needed. The contractor shall connect the new water lines and drain line to the excising water and drain lines for the new sink.

The contractor shall ensure the water and drain functions properly.

3. The contractor shall disconnect and remove all electrical and conduit from inside exposed walls. According to NFPA standards and guidelines.

4. The contractor shall demo part of the bulkhead and walls to receive new granite countertop and cabinets. The contractor shall refinish the walls and bulkhead with green gypsum board to match exciting. The contractor shall use the bulkhead to support the overhead cabinets.

5. The contractor shall install four (4) GFI (Ground Fault Interrupter) duplex electrical power outlets along the back wall of the countertop. All work shall meet NFPA standards and guidelines.

6. The contactor shall provide GFI power to support the two commercial grade refrigerators with freezers and two commercial grade microwaves. All work shall meet NFPA standards and guidelines.

7. Contractor shall remove vending machines that are currently located in breakroom and replace them upon completion of work.

8. The contractor shall add or replace ceiling tiles and tracks as needed to match current ceil grid.

9. The contractor shall prep, repair, and sand all walls and paint entire room. (Government to provide color code).

10. The contractor shall install provide new breakroom furniture and dispose of old breakroom furniture. Furniture design and color will be confirmed prior to any purchase.

11. The contractor shall inspect, test and verify all items operate correctly prior to delivering to the government.

Performance of Work:

B.1. The contractor shall perform this service IAW EM 385-1-1, US Army Corps of Engineers Safety and Health Requirements Manual, National Electric Code (NEC) and, 28 CFR Part 36 and Public Law 101-336 -Americans with Disabilities Act (ADA).

B.2. The contractor shall furnish the government a warranty for a minimum of one year for parts and service (at no additional cost to the government), including all labor and service calls if needed. Contractor shall also submit Manufacturers extended warranties on equipment to the

POC.

B.3 The contractor shall not leave any areas in an unsafe manner and shall remove debris from the complex on a daily basis. The government shall provide the location at the facility for dumpster placement.

B.4 The contractor shall verify measurements and site conditions prior to any work starting.

Contractor shall also provide submittals (and be approved by the POC) for all equipment and materials prior to purchase.

B.5. Any Government property damaged by contractor shall be repaired to a condition acceptable to the Government at no additional cost to the Government.

B.6. All work shall be performed during normal duty hours, 0630 to 1500 and shall be coordinated with the P.O.C. Parts of this work may be required to be done after hours or weekends and the government shall provide escorts for contractor personnel to perform work.

B.7. The contractor shall be responsible for obtaining all information of manufacture requirements, and shall install all materials and equipment in accordance with manufacturer's specifications.

B.8. All work shall be done in a professional workman like manner.

B.9. All material used for this project shall be new, and any requests to use equivalent parts and materials must be made and approved by the POC prior to purchase/installation of materials.

B.10. All work performed shall not be accepted until 100 % complete and operational to the satisfaction of the POC (Michael Johnson).

General Security Requirements:

C.1 All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website. http://jko.jten.mil/courses/atl1/launch.html

C.2 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.

C.3 The contractor and all associated sub-contractors shall brief all employees on the local iWATCH, Corps Watch, or See Something, Say Something program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after contract award.

C.4 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.

C.5 All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

C.6 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.

Local Security Policy:

D.1 All contractor employees who require physical access to government controlled facilities or logical access to government information and or information systems are subject to a fitness determination and appropriate vetting. To assist in the vetting process, the contractor must submit a notice of visit form for each employee who will perform work on the contract, including at the minimum, the name, social security number and date of birth of each employee performing work on the contract that need physical and or logical access.

D.2 Documents containing personally identifiable information may only be submitted via encrypted email, by first class mail or it may be hand carried to the security office. Notice of visits must be submitted through the government contracting officer representative (COR) or technical representative who will deliver them to the security office. All notice of visits must be received three business days in advance of the contractor reporting for work.

D.3 The contractor will work through the COR or technical representative for the contract who will serve as the liaison between the security office and the contractor. Contractor employees who are not sponsored by a government employee will not be granted access to any facilities under HECSA/Fort Belvoir control nor will HECSA/Fort Belvoir security approve logical access to information systems if a notice of visit containing either the DOD ID number or the social security number is not provided to the security office.

D.4 Contractor personnel who do not require a common access card may be granted physical access based on favorable results of an NCIC III records check. Contractors who need a common access card must have the minimum of a favorably adjudicated NACI. If no investigation is on file the CAC will not be issued until a favorable FBI fingerprints check is received by the security office and the NACI has been initiated in PSIP. HECSA/Fort Belvoir Security will initiate all NACI investigations. Contractors who require access to classified information must be performing work on a classified contract and the contract company is responsible for initiating all required investigations for the appropriate security clearance.

D.5 If an employee has been the subject of a previous favorably adjudicated investigation, it may be reciprocally accepted if there has not been a two year break in service and there is no presence of new and potentially unfavorable information that casts doubt about the subject’s suitability. When a background check is reciprocally accepted but is more than 5 years old, the security office may initiate an NCIC III check to ensure no new unfavorable information exists.

D.6 Contractor employees whose access to classified information has been suspended or revoked will not be authorized logical access to government information systems IAW AR 25-2 paragraph 4-14 b (2) until that investigation is favorably adjudicated. These personnel will also not be allowed unescorted access to government facilities until the investigation has been favorably adjudicated by the Command Security Manager. OPM Final Credentialing Standards allow agencies to deny a CAC or PIV card to any individual who has had their access to classified information denied or revoked. Further due process is not required in these situations.

The contractor must provide employees who can be cleared to perform work and must immediately provide replacement employees for those who cannot be cleared.

D.7 All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of Incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via Memorandum.

E. ACCIDENT PREVENTION:

a. In order to provide safety controls for protection to the life and health of employees, and other persons, and for the prevention of damage property, materials, supplies, and equipment;

and to avoid work interruptions in the performance of this contract, the Contractor shall comply with all pertinent provisions of the Army's safety regulations and will also take or cause to be taken such additional measures as the Contracting officer may determine to be necessary for the purpose.

b. The Contractor will maintain an accurate record of, and will report to the COR in the manner and on forms prescribed by the COR, exposure date and all accidents resulting in death, traumatic injury, occupational disease, and/or damage under this contract.

c. If the COR notifies the Contractor of any noncompliance with the foregoing provisions and the action to be taken the contractor will, after receipt of notice, immediately correct the deficiencies. Such notice, when delivered to the Contractor or his/her representative at the site of work, will be deemed sufficient for this purpose. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping payment on work performed under this contract until satisfactory corrective action has been taken.

Accident Prevention and Requirements:

E.1 In performing this contract, the contractor shall provide for protecting the lives and health of employees and other persons; preventing damage to property, materials, supplies and equipment; and avoiding work interruptions. For these purposes, the Contractor shall:

(1) Comply with all pertinent provisions of the most recent version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation and available at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1_2008Sep_Consolidated_2011Aug.pdf ;

(2) Provide appropriate safety personal protection equipment (steel toe safety boots, eye protection, hearing protection, reflective vests, etc) as required by the Position Hazard Analysis;

Comply with the standards issued by the Secretary of Labor in 29 CFR Part 1910 and or 29 CFR Part 1926;

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion Dates and Control costs in the performance of this contract.

E.2 Additionally, for these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall also –

(1) Provide appropriate safety barricades, signs, and signal lights, and;

(2) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

E.3 Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any Stop-Work Order issued under this clause.

E.4 The Contractor shall require any/all subcontractors to comply with these safety requirements.

E.5 After receipt of a notice of award, the Contractor will:

(1) Submit in writing (within 10 working days) a proposal for effectuating this provision for accident prevention. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in the contract work performance and a plan for controlling these hazards.

(2) The plan, which will be reviewed by the Humphreys Engineer Center Support Activity, Safety and Occupational Health Office shall include but not be limited to the following:

(a) Identification and signature of on-site contractor safety officer.

(b) Identification and telephone numbers of medical emergency facilities.

(c) Medical emergency response procedures (what to do in a medical emergency).

(d) Plans for initial safety indoctrination and continuing safety training for employees.

(e) Hazard analysis and abatement.

(f) Personal protective equipment.

(g) Procedures to be used for accident reporting and investigating.

(h) Criteria for reprimand due to willful negligence towards safety standards.

(3) Meet in conference with representatives of the Contracting Officer to discuss and develop mutual understanding relative to administration of the overall safety program.

F. FIRE DRILLS: The Contractor, and all Contractor personnel, will become familiar with all fire evacuation routes within the building and will participate in the fire drills and exercises if and when the fire alarm is activated and they are present or performing work in the building.

G. QUALITY CONTROL/QUALITY ASSURANCE:

a. QUALITY CONTROL: The Contractor will establish a complete quality control program to assure the requirements of the contract are provided as specified. Any updates to the QCP will be provided to the COR at the pre award conference. An updated copy will be provided to the COR on the contract start date, and as changes occur. The program will include, but not be limited to, the following:

(1) An inspection system covering the services stated herein. It must specify areas to be inspected, on both a scheduled or unscheduled basis and the title of the individuals who will do the inspections.

(2) A method for identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable, and a method to re-perform the unacceptable service.

(3) A file of all inspections conducted by the Contractor and the corrective actions taken.

This documentation will be made available to the Government during the term of the contract.

b. QUALITY ASSURANCE: The Government will monitor the Contractor's performance under this contract by conducting periodic unannounced inspections at least once a week and by substantiated complaints by building occupants.

SOLICITATION PROVISIONS:

The following provisions and clauses are applicable to this solicitation and can be found in full text at www.acquisition.gov/far or http://farsite.hill.af.mil :

52.204-9 Personal Identity Verification of Contractor Personnel 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarmen 52.222-6 Construction Wage Rate Requirements 52.222-7 Withholding of Funds 52.222-8 Payrolls and Basic Records 52.222-9 Apprentices and Trainees 52.222-10 Compliance with Copeland Act Requirements 52.222-11 Subcontracts (Labor Standards) 52.222-12 Contract Termination-Debarment 52.222-13 Compliance With Construction Wage Rate Requirements and Related

Regulations 52.222-14 Disputes Concerning Labor Standards 52.222-15 Certification of Eligibility 52.222-22 Previous Contracts and Compliance Reports in the solicitation 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction 52.222-27 Affirmative Action Compliance Requirements for Construction 52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts 52.223-5 Pollution Prevention and Right-to-Know Information 52.227-4 Patent Indemnity-Construction Contracts 52.232-5 Payments under Fixed-Price Construction Contracts 52.232-27 Prompt Payment for Construction Contracts 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors 52.236-5 Material and Workmanship 52.236-7 Permits and Responsibilities 52.242-14 Suspension of Work 52.246-21 Warranty of Construction 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.204-7003 Control Of Government Personnel Work Product 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.223-7004 Drug Free Work Force 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Levies on Contract Payments 252.236-7000 Modification Proposals-Price Breakdown 252.236-7001 Contract Drawings, and Specifications 252.243-7001 Pricing Of Contract Modifications

52.212-1 Instructions to Offerors--Commercial Items http://www.acquisition.gov/far http://farsite.hill.af.mil/

52.212-4 Contract Terms and Conditions--Commercial Items 52.222-13 Compliance With Construction Wage Rate Requirements and Related

Regulations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.204-7003 Control Of Government Personnel Work Product 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Levies on Contract Payments

52.212-3 -- Offeror Representations and Certifications -- Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications -- Commercial Items (Jan 2017)

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

(SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

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

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

“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.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20016 http://www.sam.gov/portal

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for

Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August

25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

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

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal

Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal

Employment Opportunity Commission, the Occupational Safety and Health Review

Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

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

(i) The Fair Labor Standards Act;

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

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

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

(vi) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

(4) 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);

http://www.dol.gov/fairpayandsafeworkplaces

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”.

The enjoined definitions will become effective immediately if the court terminates the injunction.

At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

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

(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 representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

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

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

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

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

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

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

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

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

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

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

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

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in

(c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the

WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the

Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each

HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the

HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this…