A21_Combined_Syn_Sol_17-T-0033.docx

Combined Synopsis/Solicitation Number: W912HQ-17-T-0033 – 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 2005-95, dated 19 January 2017.

The requirement is for a 100% small business set-aside under NAICS code 238210, Electrical Contractors and Other Wiring Installation Contractors. The size standard for this NAICS codes is $20,500,000.

Description: HECSA Gribble Gate ACP Physical Security Upgrades. See PWS.

Site Visit: A site visit for all interested parties is scheduled for 13 July 2017 at 10:00 a.m. EST. The address for Humphreys Engineer Center is 7701 Telegraph Road, Alexandria, VA 22315. Please meet in the Casey Building, Room 143. Interested vendors shall provide the following information via email to Jeffrey Hill (Jeffrey.W.Hill@usace.army.mil; PH: (202) 761-8243) and Amanda Eaton (Amanda.Eaton@usace.army.mil; PH: (703) 428-6318) no later than 12 July 2017 3:00 p.m. EST:

The following must be provided for each visitor:

1. Full Name

2. Social Security Number

3. Date of Birth

4. Place of Birth

5. MUST BE A U.S. CITIZEN; U.S. Citizens born abroad must present a copy of their passport or naturalization papers

Note: Proof of identification is required at the gate entrance.

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

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

Job

Job

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:

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. Past performance information to include recent and relevant contracts (minimum one, maximum three) for the same or similar services and other references (contract numbers, points of contact with telephone numbers and other relevant information);

4. 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:

Period of Performance: Three months after date of award

Performance or Delivery shall take place at: Humphreys Engineer Center Gribble Gate located at 7701 Telegraph Road, Alexandria, Virginia 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 2:00 pm Eastern Daylight Time (EDT), on 20 July 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.

POC: Amanda Eaton Address: 7701 Telegraph Road Alexandria VA

PERFORMANCE WORK STATEMENT

GRIBBLE GATE ACP PHYSICAL SECURITY UPGRADES

1. Introduction: The Humphreys Engineer Center Support Activity (HECSA) is a US Army Corps of Engineers organization that is headquartered at 7701 Telegraph Road, Alexandria, Virginia. HECSA provides installation management and security support for the Humphreys Engineer Center (HEC) and operational support to Headquarters, US Army Corps of Engineers located at 441 G Street NW, Washington DC.

1.1 The primary Access Control Point (ACP) at the Humphreys Engineer needs improvements to defeat common threats. Gribble Gate is currently the only access control point used on the facility and the contractor must perform work in a manner that provides minimal disruption to access procedures on the facility.

2. Scope: The Contractor shall furnish all required equipment, labor and supervision necessary to improve the security of the access control point at the Humphreys Engineer Center Gribble Gate located at 7701 Telegraph Road, Alexandria Virginia, 22315.

3. General Requirements This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort.

3.1 Non-Personal Services

The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Procuring Contracting Officer (PCO) immediately.

3.2 Business Relations

The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

3.3 Contractor Personnel, Disciplines, and Specialties

The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources. The contractor shall ensure the labor categories as defined in the Labor Categories document (see attachment), labor rates, and man-hours utilized in the performance of each Task Order (PWS line item) issued hereunder will be the minimum necessary to accomplish the task.

The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.

3.4 Location and Hours of Work

Accomplishment of the results contained in this PWS requires work at the Humphreys Engineer Center in Alexandria Virginia. All installation work must be conducted during off peak hours or in a manner that prevents disruption of access control onto the facility. The contractor will coordinate with the government COR for coordination of any work that will force a change of traffic pattern onto the facility or disrupt access procedures. Work is to be completed within 3 months of contract award.

3.5 Travel / Temporary Duty (TDY)

Travel to other government facilities or other contractor facilities is not required.

4. Special Requirements/Considerations This section describes the special requirements for this effort. The following sub-sections provide details of various considerations on this effort.

4.1 Impact on Access Control Operations: System installation must be conducted in a manner that limits the impact of access onto the facility as specified below. Throughout the duration of the project, the contractor will provide a daily notice to the COR or designated representatives that informs the government of anticipated closings of inbound/outbound lanes for the next business day.

a. Both inbound lanes must remain open on weekdays from 0600 to 0900 hours and 1100 to 1300 hours. Outside of those hours the inbound traffic can be reduced to one lane. On weekdays after 1400 hours or on weekends, the inbound traffic can be diverted to the adjacent bypass road to allow closure of both inbound lanes.

b. One of the two outbound lanes must open at all times unless coordinated with the COR in advance.

4.2 Prior Approval before Digging: Before commencement of any digging on the property the contractor must receive approval from the on-site USACE Logistics Activity (ULA) office. Coordinate with the COR for ULA contact information.

4.3 Aesthetics: Barriers used for this project will be seen by employees, visitors and the public on a daily basis and will be their first impression of the facility. Professional and aesthetically acceptable barriers must be used where practical. Speed Humps or non-decorative jersey barriers may not be used in this project.

4.4 Restroom Facilities: The guard shack has a restroom which may be used by the contractor and additional facilities are within walking distance in the Kingman Building.

4.5 The Government retains a Verizon Contractor on site for installation of fiber and Ethernet cabling. The Verizon Contractor can install or assist with the installation of these cables for this project.

4.6 The government retains a facilities contractor who can install power outlets as required.

4.7 The current AMAG SMS Homeland Security Edition is operating on version 7.0.1 and has a license for several additional readers to be added.

5. Contractor Provided Equipment

5.1 Two (2) crash beam drop arm barriers rated to immobilize a 10,000 lb. vehicle traveling at 18 MPH. The barriers must be all electromechanically driven. No hydraulically driven units are acceptable. Hand crank or similar capability to manually raise the barriers is required.

5.2 Primary Touch Screen Panel with lights and lockout for human assisted electronic control of barriers.

5.3 The appropriate amount of Safety Loop Detectors to enable safe operation.

5.4 All other physical barriers needed to meet the requirements of this project as specified in section 7.5, 7.6, 7,7 & 7.8 and the rest of this PWS.

5.5 All traffic lights, signs, delineators and or paint to effectively direct traffic as specified in section 7.9 of this PWS.

5.6 Cabling, wiring and miscellaneous equipment needed to meet requirements of this PWS.

6. Government Provided Equipment

6.1 Two (2) Entry Point, 2-Factor, Dual Interface readers manufactured by Bridgepoint.

6.2 Functional Physical Access Control System using AMAG SMS Homeland Security Edition Version 7.0.1 at the present time.

7. Performance Requirements and Deliverables:

7.1 Site analysis: The Government will provide a draft concept for the layout of the physical security upgrades. The Contractor must quote based on the draft concept with a full description of the recommended products to be used in the project. Contractors may suggest minor changes to the draft concept (i.e. slight barrier placement modifications). Any proposed changes to the concept should discuss how the change would affect the price and increase security. The scope of this PWS is limited to active barriers, passive barriers, traffic control devices and interconnecting equipment. Contractors will not, under any circumstances, include recommendations for additional technology such as over speed detectors, wrong way loop detectors, facial recognition devices, license plate recognition and etc. These types of devices may be considered in the future but were not budgeted for this project. A site visit will be provided prior to the receipt of quotes.

7.2 Drop Arm Barriers: Install two drop arm barriers, one in each inbound lane, in line with physical barriers at the turnaround point that together form a wall that forces all traffic to stop and present their access credential for automated entry. Unauthorized vehicles will be quickly and easily rejected without the need to raise the barriers or for “backing out” (see Exhibit 1 “Draft Concept”). The barriers must be integrated into an existing AMAG SMS Homeland Security Edition access control system. Barriers must be electromechanically driven and electronically controlled. Barriers must also be able to be raised manually.

7.3 Access System Integration: Integrate the drop arm barriers into the current AMAG SMS Homeland Security Edition access control system so that a registered access credential will allow automated entry.

7.4 Touchscreen Panel: Install one touchscreen panel inside the guard shack for manual control of the drop arm barriers.

7.5 Barrier(s) as a Lane Divider: Install retractable or swingable barriers that serve two purposes. First, it must serve as a physical barrier that divides the two inbound lanes between the ID Check and the drop arm barriers preventing vehicles from switching lanes. It must be swingable or removable to allow guards to reject a vehicle from the outside lane when needed. Second, it must serve as a physical barrier that protects the base of the drop arm barrier from inadvertent vehicle collisions.

7.6 Barrier(s) as a turnaround point: Install permanent barrier(s) at the turnaround point that performs two functions. First, it must form a chain in line with the inbound lane drop arm barriers and one of the outbound lane serpentine barriers to force rejected vehicles out of the ACP. Second, it must serve as a physical barrier that protects the base of the drop arm barrier from errant vehicle collisions.

7.7 Barrier(s) as a serpentine: Install barriers such as swingable chicane gates or retractable bollards that form a serpentine in the outbound lanes that would force a threat vehicle to slow down if it attempts to run the gate through the outbound side allowing guards more reaction time. The serpentine must consist of at least two barrier points and a maximum of three.

7.8 Barrier(s) to protect the guard shack: The government will remove the current Jersey barrier in front of the guard shack. The contractor will install a new barrier(s) to protect the guard shack from errant vehicle impacts.

7.9 Traffic Flow and Control Devices: The contractor will install traffic lights, signs, delineators and/or paint to effectively direct traffic as follows.

7.9.1 Direct large commercial vehicles including commuter buses and freight trucks to use the right lane and stop at a designated spot prior to the large vehicle turnaround point. See draft concepts, a white line is to be painted on pavement indicating where buses and trucks should stop.

7.9.2 Direct Visitors to use the left lane only and registered employees to use either lane.

7.9.3 Further direct visitors into the designated inspection area.

7.9.4 Use devices to delineate where the inspection area entry, exit and boundaries are.

7.9.5 Warn rejected vehicles that a right turn from the rejection/turnaround lane is not allowed.

7.9.6 Warn drivers to stop at the card reader and present their registered access credential and give a green light when clear to proceed.

7.8 Performance Test and Acceptance: A performance test of the full system will be conducted at the conclusion of system installation. The performance test will be conducted jointly with the contractor and the contracting officer’s representative (COR). When completely satisfied with the system, the COR will make final acceptance.

7.9 Warranty Period: All manufacturer and contractor provided warranty information will be provided.

7.10 Training: The contractor will demonstrate how to use the system to government employees.

7.11 User Manuals: A user guide for all equipment and applications will be provided to the government.

8. Security Requirements:

8.1 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/facility 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 (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) 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 installation or facility change, the Government may require changes in contractor security matters or processes.

8.2 Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area Commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

8.2.1 All contractor employees will be required to report to Fort Belvoir Tulley Gate to obtain a visitor pass prior to their first visit to the Humphreys Engineer Center. This is the process this local site uses to meet requirements of 6.2 above. Fort Belvoir runs NCIC checks prior issuing visitor passes.

8.3 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.

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

9. Accident Prevention: 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;

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

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

(5) Avoid interruptions of Government operations and delays in project completion dates, and;

(6) Control costs in the performance of this contract.

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

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.

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

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.

10. Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

11. Quality Control: The Contractor shall develop a Task/Delivery Order QCP and maintain an effective quality control program to ensure services are performed in accordance with the IDIQ contract and this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractors QCP is the means by which he assures himself that his work complies with the requirement of the contract.

The finalized QCP will be accepted by the Government at the time of the award of the Task/Delivery Order. The Contracting Officer may notify the Contractor of required modifications to the plan during the period of performance. The Contractor then shall coordinate suggested modifications and obtain acceptance of the plan by the Contracting Officer. Any modifications to the program during the period of performance shall be provided to the Contracting Officer for review no later than 10 working days prior to effective date of the change. The QCP shall be subject to the Governments review and approval. The Government may find the QCP "unacceptable" whenever the Contractors procedures do not accomplish quality control objective(s). The Contractor shall revise the QCP within 10 working days from receipt of notice that QCP is found "unacceptable."

12. Deduction. In the event the contractor fails to provide any of the services specified in this Statement of Work, the contractor will not be reimbursed for services that were not performed.

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 :

Regulations

Constructions Contracts

All employees employed by the Contractor and working directly on the contract shall be paid wages not less than rates specified within the Department of Labor Wage Determination No. VA170135 (VA135) dated 06 January 2017 incorporated herein and made a part hereof.

52.212-2-- Evaluation -- Commercial Items (Oct 2014)

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

Factor 1 – Price. The offeror’s price proposal will be evaluated using the price analysis techniques described at FAR 13.106-3(a) to determine which proposal offers the total evaluated lowest price to the Government.

Factor 2 – Technical. Under this factor, the Government will evaluate the offerors' level of understanding of the work to be performed related to this requirement and the information provided in the performance work statement. Under this factor, services offered will be determined “technically acceptable” or “technically unacceptable”.

Factor 3 – Past Performance. Under this factor, the Government will evaluate the offerors’ recent and relevant experience conducting the work to be performed related to this requirement and the information provided in the performance work statement. Under this factor, services offered will be determined “recent and relevant” or “not recent and/or relevant” Technical and past performance, when combined, are significantly less important than price. The award will be made on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non-price factors.

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

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

(End of Provision)

52.212-3 Offeror Representations and Certifications -- Commercial Items (Jan 2017) The offeror shall complete only 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.

“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;

(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—

(6) 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

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 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.