CSS_Digital_Archive_-_Amend_001_9-18-2018.docx

Combined Synopsis/Solicitation Number: W912HQ-18-Q-0007 – 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 2005-99, effective 15 June 2018 and 16 July 2018 (updated with Class Deviation 2018-O0015).

The requirement is for a 100% small business set-aside under NAICS code 519120 Libraries and Archives. The size standard for this NAICS codes is $15,000,000.00.

Description: The Office of History (CEHO) maintains a rich collection of documents, photographs, and oral history interviews that chronicle the history of the U.S. Army Corps of Engineers. In the past the majority of the new material accessioned into the office’s Research Collection consisted of textual records—primarily documents, transcripts, photographs, and maps—that needed to be integrated into the office’s existing collection. Over the last decade the U.S. Army Corps of Engineers has undergone a pronounced shift. Now the majority of its records are created and transmitted electronically. Moreover, in a bid to make its historical content available to a wider audience, the office is digitizing significant portions of its holdings. Consequently, CEHO requires the services of a support contractor to help the office maintain and grow its Digital Research Collection (DRC) and to organize and permanently store a wide variety of digital content. In addition, CEHO requires amending its existing standards and procedures for accessioning born-digital content into the DRC.

CEHO also requires the services of a contractor to process, arrange, evaluate, track, and accessions interviews into its oral history collection. Those interviews include: 10 interviews resulting from operations in Afghanistan (hereafter the OEF interviews), 60 interviews conducted for the History of Emergency Operations, 15 interviews chronicling the Department of Defense’ Base Realignment and Closure (BRAC) initiative, 10 Career and Subject interviews (hereafter Career interviews), approximately 10 interviews about USACE Task Force Mosul Dam (MD), and approximately 10 interviews with participants in Task Force Essayons. The estimated number of hours to complete the required projects is 700 hours.

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

Basis for award: The Government will award a contract resulting from this combined synopsis solicitation on the basis of comparative evaluations based on price, and technical capability 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. The offeror must submit proposed unit and extended prices for CLIN 0001.

3. A technical description that explains the offeror’s capabilities as required in the PWS in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

4. The offeror’s past performance will be evaluated on recent and relevant contracts completed or ongoing for the same or similar in nature, complexity and dollar value to the work required in this solicitation. Offerors must provide information for up to three (3)* references:

5. 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.

Please include CAGE Code and/or DUNS number.

Period and Place of Performance:

All work performed under the anticipated contract for this requirement must be completed within 12 months of award.

Performance or Delivery shall take place at: the CEHO facility at 7701 Telegraph Road, Alexandria, Virginia.

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 2:30 pm Eastern Daylight Time (EDT), on Friday, 21 September 2018. 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: David A. Kaplan Address: 7701 Telegraph Road Alexandria VA

PERFORMANCE WORK STATEMENT

Maintain Digital Research Collection and Provide Oral History Support

1. General Description

The Office of History (CEHO) maintains a rich collection of documents, photographs, and oral history interviews that chronicle the history of the U.S. Army Corps of Engineers. In the past the majority of the new material accessioned into the office’s Research Collection consisted of textual records—primarily documents, transcripts, photographs, and maps—that needed to be integrated into the office’s existing collection. Over the last decade the U.S. Army Corps of Engineers has undergone a pronounced shift. Now the majority of its records are created and transmitted electronically. Moreover, in a bid to make its historical content available to a wider audience, the office is digitizing significant portions of its holdings. Consequently, CEHO requires the services of a support contractor to help the office maintain and grow its Digital Research Collection (DRC) and to organize and permanently store a wide variety of digital content. In addition, CEHO requires amending its existing standards and procedures for accessioning born-digital content into the DRC.

CEHO also requires the services of a contractor to process, arrange, evaluate, track, and accessions interviews into its oral history collection. Those interviews include: 10 interviews resulting from operations in Afghanistan (hereafter the OEF interviews), 60 interviews conducted for the History of Emergency Operations, 15 interviews chronicling the Department of Defense’ Base Realignment and Closure (BRAC) initiative, 10 Career and Subject interviews (hereafter Career interviews), approximately 10 interviews about USACE Task Force Mosul Dam (MD), and approximately 10 interviews with participants in Task Force Essayons.

2. Statement of Work

Maintaining and growing the DRC will require editing, appraising, organizing, and accessioning both “legacy data” (historic material digitized and accessioned into the DRC) and born digital content. The steps for augmenting and maintaining the DRC are outlined below.

Working closely with the CEHO staff, the contractor will maintain the hierarchy and organization of the digital collection and develop and refine a Windows Explorer file architecture that mirrors the accepted hierarchy when adding new materials.

The contractor will then assist CEHO identify the legacy data, currently contained in CEHO’s Research Collection, or born digital content that currently resides on the office’s shared drive, that needs to be transitioned into the DRC. The cumulative size of the identified data should not exceed 500GB. Once that step is complete the contractor will work with the CEHO staff to refine a process plan and schedule to transfer digital content into the DRC. A key element of the process plan is establishing and implementing DRC security standards including who has access to the collection and what CEHO staff members are authorized to modify the digital research collections architecture of contents.

After the legacy and born digital content in CEHO’s holdings are identified the contractor will be responsible for moving or copying that content into the DRC, not to exceed 500GB of total file size. After the digital material has been accessioned into the DRC the contractor will create a summary content list that describes the contents of the DRC. The content list should provide a brief statement addressing the provenance of the material in the DRC as well as the highlights and limitations of the collection.

At the conclusion of the data migration effort the contractor will work with the CEHO staff to define what types of digital material the office wants to collect in the future and prepare a process plan for accessioning that material into the collection on a regular basis. The contractor will also develop policies and procedures for automating the process of accessioning new content into the DRC using tools the contractor has identified.

For work on the Oral History Collection specifically, the contractor’s first task will be to conduct thorough inventories of the Career, End of Tour, and Topical interviews such as OEF, History of Emergency Operations, BRAC, FFE, MD, and Task Force Essayons and update the finding aids as necessary. Where necessary, the contractor will also prepare an Excel spreadsheet for each collection containing: the name of the interviewee, date of the interview, name of interviewer, length of the recorded interview, page length of transcript, and if a release agreement is available. CEHO also requires the contractor to evaluate 450 digitized oral histories on an external hard drive to determine which should be accessioned into the collection and create Excel spreadsheet for tracking purposes. Further, the contractor will collect oral history interviews on cassette tapes, organize and update oral history cassette tape finding aids, and determine which cassette tapes should be transcribed. The contractor will also evaluate newly discovered oral history interviews stored on 3 ½ inch disks to determine which can be accessioned.

The contractor will review the existing digital transcripts, determine which version is the most complete, and enter that document into the oral history collection. If the interview has not been edited, the contractor will edit it. The fully edited digital transcripts will be converted into searchable PDFs and accessioned into CEHO’s oral history collection.

The contractor will maintain an Interview Log Excel spreadsheet of recent oral history activities and the transcripts that are in various stages of the editing process.

The contractor will also produce, using Government furnished equipment and supplies, paper copies of all of the edited digital transcripts accessioned into the collection. The transcripts, printed on acid free archival paper, will be foldered and boxed, using archival supplies provided by the government, and in accordance with the best archival practices. The contractor will also update the finding aids for the interview collections to show the physical location of the transcripts.

During the completion of this contract the contractor will work closely with the Contracting Officer’s Representatives (COR). The COR for the DRC portion of the contract is Mr. James Garber and the COR for the Oral History work is Dr. Bianka Adams. The contractor will prepare samples of the updated CEHO finding aid, Excel spreadsheet of the oral history collection, and scanned and converted oral history transcripts for review and approval before beginning on the final products outlined below.

3. Contractor qualifications and experience

a) All personnel working on the subject contract must demonstrate that they have at least a master’s degree in history or a related subject. They must also have at least one year of graduate course work in library information science and two years of experience in digital archival technology including developing document and metadata standards. Additionally, they must also have two years of professional experience in scanning operations including: designing and implementing scanning criteria; designing and implementing quality control plans; and scanning a wide variety of material using professional, high-speed scanners. They must also have two years of experience in each of the flowing: editing oral history interviews, managing archival collections, preparing finding aids, and processing digital and paper oral history materials.

4. Final Products

All deliverables will be submitted to the government in writing in MS Word.

· Digital Research Collection:

a) Updated process plan and schedule for transferring content into the DRC.

b) Refine security standards for the established collections.

c) A fully populated DRC in accordance with the PWS.

d) Quarterly summaries of the amount of material entered into the DRC

e) DRC summary content list.

f) A refined process plan for accessioning future content into the DRC.

g) List of collections/materials accessioned to the DRC.

h) List of automation tools and procedures CEHO could utilize to accession materials in the future.

· Oral History Support

a) Updated finding aids for Career, End of Tour, and Topical interviews such as OEF, History of Emergency Operations, BRAC, FED, and MD.

b) Excel spreadsheets for each series of interviews containing the information specified in the statement of work.

c) Oral history transcripts imported digitally from external hard drive and legacy storage media and converted to searchable PDF.

d) Edited oral history transcripts

e) Paper copies of the digital transcripts, foldered, boxed, and accessioned into CEHO’s oral history collection.

5. Schedule

a. Within five days of award, the contractor will meet with the CORs at the Office of History, HQ, U.S. Army Corps of Engineers to receive additional guidance. All telephone calls and meetings are considered part of the contract and no additional payment will be provided for participating in them.

b. Within 60 days of award the contractor will produce an updated inventory of Career, End of Tour, and Topical interviews such OEF, History of Emergency Operations, BRAC, FED, and FFE.

c. Within 120 days the contractors will have reviewed the status of each interview and edit those interviews not already edited.

d. By the completion date of this order the contractor will produce, using archival paper, copies of each interview. Those interviews will be accessioned into the oral history collection in accordance with the best archival practice.

e. Within 180 of award the contractor will complete a report listing the data identified for inclusion into the DRC; the process plan for to transfer that content; and develop security standards governing access to the material.

f. Within 300 days of award the contractor will complete moving the identified digital material into the DRC.

g. Within 330 days of award the contractor will prepare a summary content list for the DRC, final Collections Statements, and develop procedures and a methodology for accessioning future material into the collection on a regular basis.

6. Period of Performance

All work under this contract is to be completed within twelve months of the date of award.

7. Location

The work will be completed at the CEHO facility at 7701 Telegraph Road, Alexandria, Virginia.

8. Access to the Government Computer Network

The contractor will be required to complete the required computer training and the necessary background screening to gain access to the government’s non-classified computer network as a condition completing this contract.

9. Equipment

The government will supply the contractor a computer, access to the government’s computer network, and office space.

10. Use of Information

The contractor will not release any of CEHO historic material or oral history interviews without the prior written consent of the Contracting Officer’s Representative.

11. Security Requirements

a. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at/; or it can be provided by the RA ATO in presentation form which will be documented via memorandum

b. 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 or background investigation and 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 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.

c. The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

d. The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally 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 project manager, security representative or law enforcement entity. 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 the completion of the training.

e. All contractor employees with access to a government info system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information systems and then annually thereafter in accordance with personnel security standards listed in AR 25-2 (Information Assurance), an appropriate background investigation will be conducted prior to accessing the government information systems.

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

g. All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

h. 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.

i. 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.

12. Local Security Policy

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

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

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

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

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

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

13. Payments

Monthly progress payments are authorized.

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 52.212-2 Instructions to Offerors--Commercial Items Evaluation—Commercial Items

Add any other special terms and conditions as required for individual actions. Example, include applicable clauses from FAR part 17 if there are optional CLINs.

APPENDIX A - EVALUATION CRITERIA

FAR 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:

(i) Technical

(ii) Past performance

(iii) Price

Technical and past performance, when combined, are 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.

(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 B – FAR 52.212-1 ADDENDA Addenda to 52.212-1, Instructions to Offerors – Commercial

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

Technical - a) All personnel working on the subject contract must demonstrate that they have at least a master’s degree in history or a related subject. They must also have at least one year of graduate course work in library information science and two years of experience in digital archival technology including developing document and metadata standards. All personnel working on the project must also have two years of professional experience in scanning operations including: designing and implementing scanning criteria; designing and implementing quality control plans; and scanning a wide variety of material using professional, high-speed scanners. They must also have two years of experience in each of the flowing: editing oral history interviews, managing archival collections, preparing finding aids, and processing digital and paper oral history materials.

Past Performance – (i) Offerors shall submit past performance information for a maximum of 3 contracts or subcontracts completed or on-going within the last 2 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.

FAR 52.212-3 ALT I Offeror Representations and Certifications -- Commercial Items 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;

(4) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-- (i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

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

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“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 SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the 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.

(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…