A21_Combined_Syn_Sol_SAP.pdf

Combined Synopsis/Solicitation Number: W912HQ-17-T-0042 – 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 2005-94, dated 19 January 2017.

The requirement is for a 100% small business set-aside under NAICS code 541611, Administrative Management and General Management Consulting Services. The size standard for this NAICS codes is $15,000,000.

Description: See PWS attached.

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

CLIN# Description Quantities Units of Measure

Unit Price Total

0001 Labor (Firm Fixed Price Amount for 1 Job) List Labor Category, Rate, Hours and Price (i.e.

Manager, $50.00/hr; 10 hours = $ 500.00)

0002 Travel NTE

0003 Contractor Manpower Reporting NSP

0004 DD1423 Contract Data Requirements List NSP

Acronyms:

NTE – Not To Exceed NSP – Not Separately Priced

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 for the same or similar items and other references (including 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: 12 weeks after date of award

Performance or Delivery shall take place at: Contractor’s facility

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 16 August 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 Phone: 703-428-6318 Email: Amanda.Eaton@usace.army.mil http://www.sam.gov/

PERFORMANCE WORK STATEMENT

1. TITLE: FY17 KM MATURITY ASSESSMENT ANALYSIS AND SUPPORT.

2. BACKGROUND: The U.S. Army Corps of Engineers (USACE) is developing an enterprise-wide, integrated, Knowledge Management (KM) strategy and program to promote and drive quality and performance standards across the organization. The program will provide the approaches, methods, and tools that enable best practices and promote the flow of actionable information and knowledge within and across the enterprise. Desired outcomes include making positive impacts on the key competencies - transferring knowledge, collaboration and learning – among its employees, its business areas and its organizational components. USACE is at a pivotal point in the development and implementation of its Knowledge Management program.

3. OBJECTIVE: As USACE standardizes, expands and matures Enterprise Knowledge Management capabilities, processes, and services, it will be necessary to continuously assess the progress of maturity across the Enterprise. While execution of the assessment can be accomplished in house, oversight and analysis of the data needs to be accomplished by a third party subject matter expert, with a thorough understanding of the details of the APQC Capability Assessment Tool (CAT), used in the assessment. The objective of this action will be to a) oversee the execution of the FY17 KM Maturity Assessment, b) Interpret the KM requirements identified in the CAT and provide clarification as required, c) analyze the results of the USACE Assessment and provide feedback on progress, and d) Provide a wide range of advice and guidance, concerning industry, government and defense implementation of Knowledge Management principals and requirements, at the USACE Senior Leader level. The work to be performed shall support the following three (3) objectives:

3.1. Oversight and guidance for the execution of the FY17 KM Maturity Assessment, executed in accordance with the APQC Capability Assessment Tool (CAT). Interpretation of the CAT requirements, and clarification as necessary.

3.2. Analysis of the results captured as part of the FY17 KM Maturity Assessment. Work closely with the CKO, the KM Core Team and the USACE Knowledge Management Representatives (KMRs) to ensure that the analysis is applied against the current state of the USACE Enterprise KM program to measure progress, and identify gaps in preparation for future assessments.

3.3. Advice and guidance, concerning industry, government and defense implementation of Knowledge Management principals, at the USACE Senior Leader level. Close coordination with the CKO is required as part of any senior leader engagement.

4. SCOPE: The Scope of this work effort includes ensuring that the 2017 KM Maturity Assessment is completed appropriately and in accordance with APQC’s Capability Assessment tool/requirements. This effort will also include providing an independent analysis of the Assessment results and providing advice and guidance associated with the USACE objective of achieving Level 3 Maturity in FY2017/FY2018. Senior Leaders will continuously need to be reminded of the requirements necessary to meet Level 3 maturity. Additionally, Senior Leaders will require advice and guidance concerning how

Industry, other government agencies and defense partners are implementing KM principals and how can our leadership benefit from their lessons learned and best practices. The myriad of KM activities will require knowledgeable and agile support on a recurring basis and reachback to subject matter experts for improved situational awareness and understanding. This scope captures the requirements necessary to continue to migrate USACE towards the proposed Future State at the end of FY18.

5. CLASSIFICATION: All work performed is unclassified. All USACE business information provided to the contractor shall be controlled at the Division level in accordance with established procedures.

6. TASK DEFINITION:

6.1. Provide oversight and guidance for the execution of the FY17 KM Maturity Assessment, executed in accordance with the APQC Capability Assessment Tool (CAT).

Provide interpretation of the CAT requirements, and clarification as necessary.

6.2. Provide analysis of the results captured as part of the FY17 KM Maturity Assessment. Work closely with the CKO, the KM Core Team and the USACE Knowledge Management Representatives (KMRs) to ensure that the analysis is applied against the current state of the USACE Enterprise KM program to measure progress, and identify gaps in preparation for future assessments,

6.3. Provide a wide range of advice and guidance, concerning industry, government and defense implementation of Knowledge Management principals, at the USACE Senior Leader level.

7. DELIVERABLES:

7.1. Weekly written report that details the KM activities proposed and accomplished during the reporting period. This report will also include a narrative on KM Maturity Assessment progress, successes, challenges and lessons learned from the week’s activities.

7.2. Written Reports and Briefings, as required, in support of tasks 6.1-6.3.

8. TRAVEL: One trip to HQ USACE to provide status update and coordination in support of the task descriptions identified above.

9. PLACE OF PERFORMANCE: Work is performed at the contractor’s facility unless otherwise indicated in this performance work statement.

10. MEETINGS: Brief USACE KM Core and/or Leadership Team on the status, findings and recommendations for tasks 6.1 through 6.3. This includes one (1) face to face meeting at HQ USACE and Bi-weekly virtual meetings as required, to address progress and resolve issues and receive guidance.

11. OTHER DIRECT COSTS: None.

12. GOVERNMENT FURNISHED EQUIPMENT: None

13. GOVERNMENT FURNISHED INFORMATION: Only non-sensitive, releasable business process information can be provided to the contractor for the performance of work on this contract. Determination of information release can only be made by the division or by another responsible USACE entity.

14. PERIOD OF PERFORMANCE: 12 weeks from date of award of this contract.

15. CONTRACTOR MANPOWER REPORTING: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the U.S. Army Corps of Engineers via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at: http://www.ecmra.mil/.

16. ANTI-TERRORISM AND OPSEC: Section G. Standard Contract Provision and Clause Text Applicability and/or Additional PWS/SOW/SOR Language.

1. AT Level I Training. 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: https://jkodirect.jten.mil.

2. Access and General Protection/Security Policy and Procedures. 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.

3. For contractors who do not require CAC, but require access to a DoD facility or installation. 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 http://www.ecmra.mil/ government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

4. The Contractor shall develop an OPSEC SOP/Plan within two weeks of contract award.

The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. The SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator.

5. iWATCH and/or CorpsWatch Training. 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.

6. For Contracts that Require OPSEC Training. 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.

7. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. 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.

8. Pre-screen candidates using E-Verify Program. The Contractor must pre‐screen

Candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior 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.

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 :

52.212-1 Instructions to Offerors--Commercial Items (Appendix A, Addenda to 52.212-

1)

52.212-2 Evaluation --Commercial Items (Appendix B, Addenda to 52.212-2)

52.212-3 Offeror Representations and Certifications – Commercial Items (full text, Appendix C)

52.212-4 Contract Terms and Conditions--Commercial Items 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 252.204-7012 Safeguarding of Unclassified Controlled Technical Information 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.225-7048 Export-Controlled Items 252.227-7013 Rights in Technical Data--Noncommercial Items 252.227-7015 Technical Data—Commercial Items 252.227-7037 Validation of Restrictive Markings on Technical Data 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Levies on Contract Payments 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders. The following FAR Clauses cited within 52.212-5 are applicable to this acquisition:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

52.219-6 Notice of Total Small Business Set-Aside

52.219-6 Alt I Alternate I of 52.219-6

52.219-6 Alt II Alternate II of 52.219-6

52.219-13 Notice of Set-Aside of Orders

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

52.219-28 Post Award Small Business Program Rerepresentation

52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business

52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program

52.222-3 Convict Labor

52.222-19 Child Labor—Cooperation with Authorities and Remedies

52.222-21 Prohibition of Segregated Facilities

52.222-26 Equal Opportunity

52.222-35 Equal Opportunity for Veterans http://www.acquisition.gov/far http://farsite.hill.af.mil/

52.222-36 Equal Opportunity for Workers with Disabilities

52.222-37 Employment Reports on Veterans

52.222-41 Service Contract Labor Standards

52.222-42 Statement of Equivalent Rates for Federal Hires

52.222-50 Combating Trafficking in Persons

52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements

52.222-54 Employment Eligibility Verification

52.223-15 Energy Efficiency in Energy-Consuming Products

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act

52.225-3 Alt I Alternate I of 52.225-3

52.225-3 Alt II Alternate II of 52.225-3

52.225-3 Alt III Alternate III of 52.225-3

52.225-13 Restrictions on Certain Foreign Purchases

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations

52.232-33 Payment by Electronic Funds Transfer—System for Award Management

52.239-1 Privacy or Security Safeguards

Appendix A

Addenda to 52.212-1, Instructions to Offerrors – Commercial

Along with the required information outlined in 52.212-1(b), Submission of offers, the offeror shall provide the following information:

Technical – The quote should be clear, concise, and include adequate detail for effective evaluation. The quote should not simply rephrase or restate the Government’s requirements, but rather provide convincing rationale to address how the Offeror intends to meet the requirements of the performance work statement. The Government will evaluate technical acceptability based on the following criteria:

1. Demonstrated knowledge and experience in Army and industry KM processes.

The contractor shall demonstrate both; Working relationships with Key Army KM Organizations (e.g., TRADOC, Combined Army Center) that are currently implementing KM within their flow of work and the Knowledge Management maturity process utilizing existing Maturity Models (e.g., APQC, any Army specific models). The contractor shall also demonstrate the same types of relationships with Industry partners that are demonstrating KM within the flow of their work and the KM maturity process utilizing existing Maturity Models (e.g., APQC).

2. Demonstrated knowledge and experience in the implementation of Knowledge Management Principals, Requirements, and Capabilities in Government/Industry/Military organizations.

3. Demonstrated knowledge and experience in developing Knowledge Management guidance for changes and improvements to organizational strategies and governance to address progress as a result of KM Maturity Assessment process.

4. Demonstrated knowledge and experience in applying the APQC Maturity

Assessment/Capability Assessment Tool (CAT) to assess organizational KM Maturity.

Past Performance – (i) Offerors shall submit past performance information for a maximum of 3 contracts or subcontracts completed or on-going within the last 5 years from the release date of this solicitation. On-going contracts must be at least 50% complete as of the release date of this solicitation. Offers shall provide a project narrative and reference information in narrative form to address each of the bullets below. All points of contact, addresses, telephone numbers, data, fax numbers, etc. should be verified by the Offeror prior to submission to the Government as part of the Offeror’s proposal. Points of contact should be knowledgeable of past performance from a contractual, managerial, and technical perspective.

Project Title Project Description Project Start & Ending Dates Offeror’s role in the Project Contract Value/Actual Awarded Amount POCs, Phone, Fax, Address, Email Statement of the relevancy of the project to this PWS

Performance recognition documents received within the last five years on projects relevant to this PWS such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition

(ii) In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE codes/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror.

APPENDIX B

52.212-2 EVALUATION--COMMERCIAL ITEMS

(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 – Technical. See Appendix A, Addenda to 52.212-1, Instructions to Offerrors – Commercial for additional details

Factor 2 – Past Performance. See Appendix A, Addenda to 52.212-1, Instructions to Offerrors – Commercial for additional details

Factor 3 – Price. This factor will use price analysis to determine the total evaluated price in order to support the selection of the lowest priced, technically acceptable proposal. 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.

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 proposals meeting or exceeding the acceptability standards for non-price factors.

A non-acceptable rating in either non-priced factor will deem the offer’s quote technically unacceptable.

(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)

APPENDIX C

52.212-3 Offeror Representations and Certifications –Commercial Items (Jan 2017)

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

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

(a) Definitions. As used in this provision—

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

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

“Civil judgment” means–

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or

State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

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

Executive Order 13673, ‘Fair Pay and Safe Workplaces’”. The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions 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.

https://www.sam.gov/portal https://www.acquisition.gov/sites/default/files/current/far/html/www.dol.gov/fairpayandsafeworkplaces

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws.

It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal

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

Employment Opportunity Commission, the Occupational Safety and Health Review

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

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for–

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam

Era Veterans’ Readjustment Assistance Act of 1974; and

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

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

(5) Equal Employment Opportunity Commission (EEOC) for–

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

(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.

http://uscode.house.gov/

“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://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/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).

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“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.

“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.

“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.

“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 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 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 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, GSA, DoD 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 SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

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

[Offeror to identify the applicable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it

□ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it

□ is, □ is not a women-owned small business concern.

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

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

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB

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

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

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

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each

EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:

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

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

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

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

50 percent of the contract price:____________________________________

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

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

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

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13

CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the

HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) 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 solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the

Secretary of Labor (41 cfr parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation

(FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.