WC133W18RQ0007.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATE . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 63 WC133W18RQ0007

Quoters shall provide a firm fixed price for snow and ice removal services for the National Weather Service Forecast Office (WFO) located at Gray, Maine. Services shall be performed in accordance with the Performance Work Statement and terms and conditions contained herein. The period of performance is for a base period beginning on or about 1 January 2018 through 31 December 2018, and four, 12-month option periods.

The contract award will contain an estimated value for each Contract Line Item Number (CLIN) below based on the Government's best estimate of funding needed per year. The contractor will be paid in accordance with the prices per event for each sub-clin as incorporated into the contract.

The Not to Exceed (NTE) amount represents the total potential price for the entire scope of work. The NTE amount is not guaranteed. Contractor will only be allowed to invoice for actual services provided in accordance with the fixed prices agreed upon for each sub-clin.

NTE NTE

0001 Snow Removal for WFO Gray Maine in accordance with the attached statement of work.

SNOW AND ICE REMOVAL SERVICES AS

DESCRIBED HEREIN.

THE CONTRACTOR SHALL BE PAID FOR ACTUAL

WORK PERFORMED AT THE FIXED-PRICES PER

EVENT LISTED BELOW.

0001AA: 2" to 4" normally seen about 6 times per year:

$__________ per event

0001AB: above 4" to 8" normally seen about 5 times per year:

$__________ per event

0001AC: above 8" to 12" normally seen about once per year:

$__________ per event

0001AD: above 12" to 18" normally seen about once every three years:

$__________ per event

0001AE: 18"+ normally seen about once every three years:

$__________ per event

0001AF: Application of ice melt- done about 8 times per year $__________ per event

0001AG: Removal of drifting snow- done about 8 times per year $__________ per event

For price evaluation purposes, the NTE amount of CLIN 0001 will be the sum of sub-CLINs 0001AA through

0001AG.

PR NUMBER: NWWN0000-18-00024

DELIVERY DATE: 01/01/2018

SHIP TO:

PORTL& WFO (GRAY) MAINE

12.00 EA

PAGE 4 OF 63 WC133W18RQ0007

P.O. BOX 1208

GRAY ME 04039-1208

FOB : Destination Period of Performance: 01/01/2018 to 12/31/2018

NTE NTE/OPT

0002 Option Year 1: Period of Performance: 01 January 2019 through 31 December 2019

Snow Removal for WFO Gray Maine in accordance with the attached statement of work.

SNOW AND ICE REMOVAL SERVICES AS

DESCRIBED HEREIN.

THE CONTRACTOR SHALL BE PAID FOR ACTUAL

WORK PERFORMED AT THE FIXED-PRICES PER

EVENT LISTED BELOW.

0002AA: 2" to 4" normally seen about 6 times per year:

$__________ per event

0002AB: above 4" to 8" normally seen about 5 times per year:

$__________ per event

0002AC: above 8" to 12" normally seen about once per year:

$__________ per event

0002AD: above 12" to 18" normally seen about once every three years:

$__________ per event

0002AE: 18"+ normally seen about once every three years:

$__________ per event

0002AF: Application of ice melt- done about 8 times per year $__________ per event

0002AG: Removal of drifting snow- done about 8 times per year $__________ per event

For price evaluation purposes, the NTE amount of CLIN 0002 will be the sum of sub-CLINs 0002AA through

0002AG.

PR NUMBER: NWWN0000-18-00024

DELIVERY DATE: 01/01/2019

SHIP TO:

PORTL& WFO (GRAY) MAINE

P.O. BOX 1208

GRAY ME 04039-1208

FOB : Destination Period of Performance: 01/01/2019 to 12/31/2019

12.00 EA

NTE NTE/OPT

0003 Option Year 2: Period of Performance: 01 January 2020 through 31 December 2020

Snow Removal for WFO Gray Maine in accordance with the attached statement of work.

PAGE 5 OF 63 WC133W18RQ0007

SNOW AND ICE REMOVAL SERVICES AS

DESCRIBED HEREIN.

THE CONTRACTOR SHALL BE PAID FOR ACTUAL

WORK PERFORMED AT THE FIXED-PRICES PER

EVENT LISTED BELOW.

0003AA: 2" to 4" normally seen about 6 times per year:

$__________ per event

0003AB: 4" to 8" normally seen about 5 times per year:

$__________ per event

0003AC: above 8" to 12" normally seen about once per year:

$__________ per event

0003AD: above 12" to 18" normally seen about once every three years:

$__________ per event

0003AE: 18"+ normally seen about once every three years:

$__________ per event

0003AF: Application of ice melt- done about 8 times per year $__________ per event

0003AG: Removal of drifting snow- done about 8 times per year $__________ per event

For price evaluation purposes, the NTE amount of CLIN 0003 will be the sum of sub-CLINs 0003AA through

0003AG.

PR NUMBER: NWWN0000-18-00024

DELIVERY DATE: 01/01/2020

SHIP TO:

PORTL& WFO (GRAY) MAINE

P.O. BOX 1208

GRAY ME 04039-1208

FOB : Destination Period of Performance: 01/01/2020 to 12/31/2020

NTE NTE/OPT

0004 Option Year 3: Period of Performance: 01 January 2021 through 31 December 2021

Snow Removal for WFO Gray Maine in accordance with the attached statement of work.

SNOW AND ICE REMOVAL SERVICES AS

DESCRIBED HEREIN.

THE CONTRACTOR SHALL BE PAID FOR ACTUAL

WORK PERFORMED AT THE FIXED-PRICES PER

EVENT LISTED BELOW.

0004AA: 2" to 4" normally seen about 6 times per year:

$__________ per event

0004AB: above 4" to 8" normally seen about 5 times per year:

PAGE 6 OF 63 WC133W18RQ0007

$__________ per event

0004AC: above 8" to 12" normally seen about once per year:

$__________ per event

0004AD: above 12" to 18" normally seen about once every three years:

$__________ per event

0004AE: 18"+ normally seen about once every three years:

$__________ per event

0004AF: Application of ice melt- done about 8 times per year $__________ per event

0004AG: Removal of drifting snow- done about 8 times per year $__________ per event

For price evaluation purposes, the NTE amount of CLIN 0004 will be the sum of sub-CLINs 0004AA through

0004AG.

PR NUMBER: NWWN0000-18-00024

DELIVERY DATE: 01/01/2021

SHIP TO:

PORTL& WFO (GRAY) MAINE

P.O. BOX 1208

GRAY ME 04039-1208

FOB : Destination Period of Performance: 01/01/2021 to 12/31/2021

NTE NTE/OPT

0005 Option Year 4: Period of Performance: 01 January 2022 through 31 December 2022

Snow Removal WFO Gray Maine in accordance with the attached statement of work.

SNOW AND ICE REMOVAL SERVICES AS

DESCRIBED HEREIN.

THE CONTRACTOR SHALL BE PAID FOR ACTUAL

WORK PERFORMED AT THE FIXED-PRICES PER

EVENT LISTED BELOW.

0005AA: 2" to 4" normally seen about 6 times per year:

$__________ per event

0005AB: above 4" to 8" normally seen about 5 times per year:

$__________ per event

0005AC: above 8" to 12" normally seen about once per year:

$__________ per event

0005AD: above 12" to 18" normally seen about once every three years:

$__________ per event

PAGE 7 OF 63 WC133W18RQ0007

0005AE: 18"+ normally seen about once every three years:

$__________ per event

0005AF: Application of ice melt- done about 8 times per year $__________ per event

0005AG: Removal of drifting snow- done about 8 times per year $__________ per event

For price evaluation purposes, the NTE amount of CLIN 0005 will be the sum of sub-CLINs 0005AA through

0005AG.

PR NUMBER: NWWN0000-18-00024

DELIVERY DATE: 01/01/2022

SHIP TO:

PORTL& WFO (GRAY) MAINE

P.O. BOX 1208

GRAY ME 04039-1208

FOB : Destination Period of Performance: 01/01/2022 to 12/31/2022

Miranda.Meyer Typewritten Text For price evaluation purposes, the Grand Total NTE

Miranda.Meyer Typewritten Text

Miranda.Meyer Typewritten Text

Miranda.Meyer Typewritten Text is calculated by adding the total NTE amounts of

Miranda.Meyer Typewritten Text

CLINS 0001-0005.

Miranda.Meyer Typewritten Text

Miranda.Meyer Typewritten Text

Miranda.Meyer Typewritten Text

Miranda.Meyer Typewritten Text Grand Total NTE:

Miranda.Meyer Typewritten Text

Miranda.Meyer Typewritten Text

Miranda.Meyer Typewritten Text

Table of Contents

PAGE 8 OF 63 WC133W18RQ0007

Quoter Instructions

Performance Work Statement

Quotation Preparation

Evaluation of Quotes

Evaluation Criteria

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.203-3 GRATUITIES (APR 1984)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)22

52.203-98PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

- #REPRESENTATION (FEB 2015)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

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

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (JAN 2017)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP

2013)

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.232-11 EXTRAS (APR 1984)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.237-1 SITE VISIT (APR 1984)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (APR 2014)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

52.242-13 BANKRUPTCY (JUL 1995)

52.232-17 INTEREST (MAY 2014)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

Quality Assurance Surveillance Plan

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

1352.215-72 INQUIRIES (APR 2010)

Table of Contents

PAGE 9 OF 63 WC133W18RQ0007

1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.237-75 KEY PERSONNEL (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

AA16-05NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

NAM 1330-52.215-70

NAM 1330-52.203-71

Wage Determination

PAGE 10 OF 63 WC133W18RQ0007

CLAUSES

Quoter Instructions

QUOTER INSTRUCTIONS

• Quotations shall be sent via email to the attention of Miranda Meyer at miranda.meyer@noaa.gov, by the closing time and date on page 1 of the Request for Quotation.

• Quoters may submit all questions concerning this solicitation by email to miranda.meyer@noaa.gov, by close of business 29 November 2017.

• A site visit is scheduled for 6 December 2017. Please refer to FAR 52.237-1 Site Visit. In no event will a failure to inspect the site constitute grounds for a claim after award of a purchase order.

Contact the on-site Government Contact Point Christopher McGrath at Christopher.mcgrath@noaa.gov to attain specific site visit information.

• This is a firm fixed price type contract based on fixed prices. The Government intends to make an award to the responsive, responsible quoter providing the best value to the Government, price and non-price factors considered. All evaluation factors other than cost or price, when combined, are slightly more important than cost or price.

• Best Value means the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement.

• Contractors must be registered in the System for Award Management (SAM) to be awarded a purchase order. You may register at https://www.sam.gov/portal/public/sam/. A D&B (DUNS) number is required. There is no charge for registering in SAM.

To be Considered for Award, the Following Information is to be Returned:

• Page 1: Complete block’s 17A, 30A, 30B, and 30C;

• Price Schedule: Complete Quote for each sub-line item identified. The contractor will be paid in accordance with the price per event for each sub-line as incorporated into the contract.

• Provide your company’s DUNS number with quotation;

• The contractor’s Representations and Certifications must be completed in the System for Award

Management (SAM), (www.sam.gov). Contractors shall provide a statement that they either are or are not registered and active in SAM;

• Contractors shall provide a response to the evaluation factors in the solicitation, and provide the information specified for each. Contractors who fail to respond to each evaluation factor may be considered non-compliant with the requirements of the solicitation, and will no longer be considered for award;

• Contractors shall provide a point of contact concerning their quotation, and an e-mail address and telephone number where they can be reached.

PAGE 11 OF 63 WC133W18RQ0007

Performance Work Statement

Snow Removal Maintenance Services Performance Work Statement (PWS)

For:

National Weather Service Forecast Office (WFO)

1 Weather Lane Gray, ME 04039

Office: (207) 688-3221 Fax: (207) 688-3230

1.0 INTRODUCTION

The National Oceanic and Atmospheric Administration (NOAA) is establishing a contract for snow, ice and freezing rain removal services for the National Weather Service offices in Gray, ME as described herein.

2.0 GENERAL DESCRIPTION

The contractor shall furnish all supervision, labor, materials, supplies and equipment to provide effective and efficient snow, ice, and freezing rain removal services at the National Weather Service Forecast Office (1 Weather Lane Gray, ME). The National Weather Service Office is a 24 hour operation and must have a clear and safe travel path/walkway area during inclement weather conditions for the safety of its employees.

3.0 EQUIPMENT

The contractor shall:

1. furnish equipment, materials and the personnel which are consistent with the best industry standards for effective and efficient snow removal services;

2. at a minimum, furnish snow plows, blades, blowers, dump truck, shovels, ice picks, snow removal equipment with a blade of 12 feet or greater for snow plowing and availability of a tandem axle dump truck for snow removal.

Approximated Area Square Footage: The length of the paved access road is approximately fifteen hundred (1500) feet. The approximate area of the parking lot is 6,600 square feet. The approximate area of the apron around the Weather Balloon inflation building is 3,500 square feet. The length of the walkways is approximately 400 feet.

4.0 SUPPLIES

The contractor shall furnish salt, sand, concrete-safe chemicals, and driveway markers. The Contractor shall submit all Material Safety Data Sheets (MSDS) for any materials used under this contract containing "dangerous" or "warning" labels to the Contracting Officer's Representative (COR) within 10 days after contract award date.

Driveway Markers:

Supply and install driveway markers/snow stakes no later than 7 days post-award and remove no later than the first week in May. This includes but is not limited to:

Parking Lot and Weather Lane up to and including the Weather Balloon site and driveway to Radar site

Raised Concrete manhole covers (hand holes) for power and communications conduits

Electrical boxes, electrical Frames, and transformers

Edge of concrete retaining wall at Radar site

Security Gate for Weather Lane

PAGE 12 OF 63 WC133W18RQ0007

5.0 SCOPE OF WORK

The contractor shall provide complete snow and ice removal services for the NOAA office listed above in accordance with this PWS. It shall be the contractor’s responsibility to monitor weather forecasts and conditions and self-initiate removal services. Snow and ice removal services shall be considered “automatic,” meaning the contractor shall begin services in accordance with the guidelines in the PWS and contract. A few events may be minor or on the threshold, and the contractor may call the office and see if services are required. There may be days where blowing and drifting of snow require services despite no falling snow occurring.

The Contractor shall “automatically” commence plowing and snow removal operations when there is accumulation of two (2) inches of snow and continuously throughout storm (every additional two inches), or any amount of ice.

During an event, the contractor shall ensure that the necessary equipment and manpower are at the site and continue with the performance of the snow removal. The goal of the plowing/removal is to show bare pavement with no more than 2” of accumulated snow/sleet/ice at any time on the parking area, roadways, driveways, handicap spaces, and around the Radar site and Weather Balloon inflation building. In addition, plowing and/or removal of snow as needed to provide access to exterior generator building, fuel storage tank, trash enclosure, telephone equipment hut, and exterior equipment pad. The Contractor shall ensure there is a clear path from the weather balloon facility overhead doors to the post used to prepare the weather balloon equipment with a 4 foot clearance around the post and no snow banking. If needed, the Contractor shall shovel areas that the snowplow cannot remove.

Pre-treatment to surfaces shall be applied before a major snow or ice event.

An application of salt/sand/chemical shall be applied to the cleared areas to reduce hazardous conditions. The contractor shall use due diligence when spreading salt/sand to prevent excessive disbursements on pavement. The contractor shall be responsible for cleanup of any excessive disbursement of salt/sand.

When icy conditions exist (sleet/freezing rain, freezing drizzle, black ice), the contractor shall “automatically” apply salt/sand to the parking and driving areas in sufficient amounts to ensure safe walking and driving areas and to reduce safety hazards due to freezing rain and sleet.

Snow should be pushed or mechanically blown beyond paved areas of the parking lot and road to prevent eventual encroaching of paved areas from multiple snow events. In the event this is not possible contractor shall make arrangements for disposal and/or removal of snow off site to an approved snow landfill if room is not available at the current location and/or ponding of melting snow occurs on paved areas.

During a major snow event, Contractor shall remove snow continuously for every 2 additional inches during a storm seven days per week, between the hours of 5 a.m. to 11 p.m. Special attention should be paid to the following times:

7 p.m., 3 p.m., and 10 p.m. This is typically when shift changes occur and the road from Route 231 into the parking lot and sidewalks must be clear for employee safety. Special salting/sanding attention is needed at the base of Weather Lane where it meets Route 231. This area is at the base of a hill and poses a danger of vehicles sliding onto Route 231 if they can’t stop due to poor road conditions.

Note: For events that require post storm clean up, including snow/ice buildup in/or along parking lot & roadway that create hazardous conditions, the contractor shall provide final plowing/removal/sand & salting services within 36 hours of the end of the event. Examples include: snow encroaching into parking lot, narrowing of roads, obstruction of vision, slippery conditions, etc.).

5.1 DEFINITION OF SNOWFALL EVENT

A Snowfall event is defined as: The total accumulation of snow as indicated by the National Weather Service for the area of Gray, Maine from the beginning to the end of a snowfall period and reported by the National Weather Service at: http://www.weather.gov/gyx/. This site shall be used to determine the snowfall in inches. Note that event snowfall may span more than one calendar day. For example it may snow from 8 p.m. to 5 a.m. thereby falling on two calendar days.

PAGE 13 OF 63 WC133W18RQ0007

6.0 PERFORMANCE CRITERIA

Contractor shall perform all services diligently and in a good, professional and first class manner, using good quality materials, equipment and workmanship and sufficient trained personnel (including supervisors when appropriate) to complete the services in a safe and timely manner which does not unduly interfere with the operation of the Property, the businesses therein and their suppliers. Contractor shall obtain and maintain, at its expense and at all times during the term of the contract, all necessary licenses, permits, training or other authorizations which may be necessary to perform the services. The intent of this requirement is to remove all snow and ice from driveways, parking areas, sidewalks and handicapped accessibility areas. The contractor shall perform snow removal more than once during a snowfall period if needed to keep up with the accumulation of snowfall, however, the basis for payment will be the total snowfall in inches per storm and not the amount of effort expended by the contractor. The contractor shall decide how to use its resources to meet the specified outcome.

At no time shall malfunctioning equipment impede or delay plowing or cleaning operation. It is the contractor’s responsibility to have all equipment working or malfunctioning equipment removed or operational immediately upon failure.

7.0 PRIORITY LIST

The contractor shall meet with the Contracting Officer’s Representative (COR) or designee identified in the contract award, to establish the priorities for starting snow and ice removal services at the start of each season. Regular meetings may also be necessary during the snow season to review the contractor’s performance or make necessary adjustments in the priorities for snow and ice removal services. The priority of snow removal can and may be dictated by the COR or designee.

Critical Ranking WFO Priority 1 WFO Roadways/ driveway up from Rt. 231/ Weather

Balloon Launch area/ Entry Sidewalks. Radar Road.

Priority 2 CPM Shelter, EPG Fuel tank, Storage Building. Telco Building

Point Of Contact WFO Management WFO Operations Notes Primary Christopher McGrath 207-688-3224

207-688-3225 Ask to speak to the

Lead Meteorologist

Secondary Hendricus Lulofs

207-688-4170 Contact only if the 207-688-3221 Ask to speak to the primary cannot be

Meteorologist reached.

PAGE 14 OF 63 WC133W18RQ0007

8.0 RESPONSIBILITY FOR LOSS, DAMAGE, DEATH, OR INJURY

Except as otherwise provided by law, the Government will not be responsible for the loss of or damage to the contractor's equipment, or death of or injury to the contractor's personnel, or for the death of, or injury to persons or for damages to property resulting from contractor's negligent performance under this contract. The contractor shall be responsible for all damages to persons or properties that occur as a result of its fault or negligence, or the fault or negligence of its employees or agents, while performing the requirements of this contract.

9.0 EQUIPMENT OPERATION & RESPONSIBILITY

The contractor shall be responsible for the safe, careful and efficient operation of equipment and all equipment shall be maintained in good operating condition. The breakdown of equipment shall not relieve the contractor of the responsibility of providing snow removal services. All equipment and personnel operating under the terms of this contract shall be in full conformance with Federal and State regulations. The government is not providing any equipment or materials.

10.0 INSPECTION AND ACCEPTANCE

If any of the services do not conform to the contract requirements, the Government may require the contractor to perform the services again in conformity with the contract requirements, at no increase in contract amount. If the defects in services are not corrected by performance, the Government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

If the contractor fails to expeditiously take the necessary action to ensure that further performance will be in conformity with contract requirements, the Government may terminate the contract for convenience or cause.

11.0 QUALITY CONTROL & SNOW REMOVAL WORK PLAN

The contractor shall meet with the COR or designee prior to submitting the quality control & snow removal work plan to establish expectations and priorities. The contractor shall submit a written quality control & snow removal plan for accomplishing the work. The quality control and snow removal plan shall be furnished to the Contracting Officer and COR or designee prior to the notice to proceed. The quality control and snow removal plan shall be required 60 days prior to option effective date with 30 days for acceptance by COR. The plan shall include the following information and must be approved by the COR or designee. This document will be a living document and will be altered as the need arises:

(a) Inspection process

(b) Method/timeframe for responding to customer complaints

(c) Meetings with the government

SNOW REMOVAL WORK PLAN

The contractor’s snow removal work plan shall include these elements:

(a) Weather source

(b) Contact list

(c) Priority list

(d) Equipment, manpower & supplies (including subcontractors)

12.0 WEATHER SOURCE

Accurate weather information and forecasts are vital to the snow and ice control operations under the contract. The work plan shall indicate the weather sources the contractor will utilize for monitoring. However, the U.S National Weather Service at http://www.weather.gov/gyx/ shall be used to determine the snowfall in inches and for payment purposes.

13.0 SUPERVISOR /SITE MANAGER

Directions of snow removal shall be coordinated with the COR as needed; however, detailed instructions for carrying

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out such directions shall be the responsibility of the Site Manager. In all respects, the contractor shall be responsible for the work being performed.

The Site Manager shall be required to respond to calls from the Government representative within ten minutes during the period of performance. Numbers shall be furnished to the appropriate field office prior to any work being performed under this contract. The Site Manager shall have the ability to speak, read, and write in English.

CONTACT LIST

The contractor shall submit name(s) and telephone number(s) to be used as a 24-hour, seven day per week contact point(s). Likewise, the contractor may contact the Forecast Office to plan the snow removal.

14.0 EXHIBITS ATTACHED:

Exhibit A: Snow Removal Guidelines Exhibit B: Aerial View of Property Exhibit C: Minimum Requirements

15.0 PRICING

This contract will be paid on a fixed-price per-event basis. The majority of this contract covers snow events that fall within the 2” up to 4” and 4” up to 8” snowfall events and plowing needed due to blowing and drifting snow and icing events. Snow events that exceed 8” average less than two (2) occurrences a year; the contractor should consider this when offering pricing.

Offerors shall provide pricing on the schedule provided on pages 3 through 7 of the Standard Form 1449 to establish a fixed-price for services per event. The awardee will be paid for actual services performed in accordance with the fixed-price per event established in the contract award. An event is defined as follows (observed frequencies per event for this location are also provided):

In addition there may be days where plowing is needed due to blowing and drifting snow even though no new snowfall may have occurred. Services shall commence when accumulation of blowing and drifting snow has reached 2”.

Definition of Drifting Snow.

Drifting snow is defined as the snow that is lifted from the surface and accumulates on top of existing roads and snow banks. This snow accumulation is the result of wind gusts loosening the top layer of snow and landing to form snow drifts. Drifting snow is not the same as snow fall but is an after affect.

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EXHIBIT A

1. Contractor shall provide its own employees, equipment, and supplies necessary to complete the Services described hereunder which include clearing all drive lanes, parking areas, sidewalks adjacent to buildings, and public sidewalks.

2. Contractor shall comply with all federal, state and local governmental laws, regulations, codes, and ordinances.

3. Contractor shall begin plowing at the Property as soon as the snow or ice reaches a depth of 2 inches and continuously throughout storm (every additional two inches), or any amount of ice, regardless of the time of day or night or the day of the week.

4. Contractor shall supply and mechanically spread deicing rock salt as warranted due to icing. Contractor shall spread calcium chloride on concrete walkways. Calcium chloride will not harm concrete and landscaping.

5. Contractor shall relocate snow that has accumulated if such accumulation begins to impair access to the Property entrance, roadways or parking lot.

6. Contractor shall return after normal business hours to plow vacant parking lot. If there are vehicles in the way the contractor shall coordinate with the staff to have them moved.

7. Contractor shall not create drifts in front of dumpster, entrances, Radar gate, weather balloon facility, on sidewalks or blocking walkways and agrees to remove Contractor-created drifts at no additional cost.

8. Contractor shall be responsible for damage to the Property caused by snow removal operations including, but not limited to, buildings, curbs, parking blocks, sidewalks, light poles, signs, landscaping, or paving or equipment used in connection therewith.

9. Contractor agrees to contact the COR if for some reason the entire Property cannot be completely plowed to less than 2” of snow.

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EXHIBIT B

PAGE 18 OF 63 WC133W18RQ0007

EXHIBIT C

MINIMUM REQUIREMENTS

In order to be considered for award, the offeror must demonstrate that it meets the minimum requirements identified below. Offerors determined not to meet the minimum requirements shall not be considered further for award:

(a) Offeror’s (and subcontractors) fleet is located in a reasonable distance from the NOAA WFO at Gray, ME.

Reasonable is defined as within a 30 minute drive.

(b) Offeror’s fleet includes the items listed in the PWS at 3.0 –Equipment.

(c) The offeror has the capability to meet the frequency requirements set forth in the PWS. An example of frequency demands has been provided on the table at 15.0 – Pricing. This example is provided by the Government only as an estimation of its needs for each year of contract performance.

Quotation Preparation

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Evaluation of Quotes

The Government will issue an award pursuant to this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. All non-price evaluation factors (“Technical Approach and Capability” and “Past Performance”), when combined, are slightly more important than the Price factor. Award will be made to the contractor whose quote is determined to be the best value to the Government.

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Evaluation Criteria

Evaluation Criteria

In determining which quotation provides the best value to the Government, non-price (technical) evaluation factors are slightly more important than evaluated price. The Government may make an award to other than the lowest-priced quoter or to the quoter with the highest technical score if this would result in the best value to the Government.

(a) Technical Evaluation Factors.

FACTOR 1 - TECHNICAL

Management Approach

Evaluation of this factor will be based on information contained in the technical quotation that demonstrates understanding; knowledge; and experience with providing the required services and meeting the requirements of the solicitation.

Quoters shall provide information on the following:

i. Indicating how the project is to be organized, staffed and managed to provide adequate snow and ice removal services for a NWS office that is operational 24 hours.

ii. Demonstrating the quoter’s understanding and management of important events or tasks such as clearing all drive lanes, parking areas, sidewalks adjacent to buildings and public sidewalks during a snow event of 2” or more and any ice or freezing rain event.

iii. Demonstrating the quoter’s ability to manage the contract during heavy snow and ice events, which requires different equipment and the ability to return to the site throughout the day to ensure there is no further accumulation, hazardous walking or driving conditions, or drifting.

iv. Demonstrate the quoter’s ability to communicate with the NWS during snow and ice events to keep them informed as to how an inclement weather event will be handled.

v. Demonstrate how quoter intends to make snow removal services at WFO Gray a priority regardless of weather conditions and other commitments.

vi. List by name any subcontractor the quoter intends to use in executing the tasks described in the Performance Work Statement (PWS) and demonstrate that the subcontractor has the equipment and resources necessary to fulfill the requirements of the contract.

Technical Capability

Evaluation of this factor will be based on information contained in the technical quotation that demonstrates the offerors responsiveness to requirements of the RFQ, and overall capability to perform as required.

Quoters shall provide information on the following:

i. Indicating that the quoter has or has the ability to acquire, the necessary equipment to perform the services in the PWS. This includes but is not limited to: snow plows, blades, blowers, PAGE 21 OF 63 WC133W18RQ0007 dump truck, shovels, ice picks, snow removal equipment with a blade of 12 feet or greater for snow plowing and availability of a tandem axle dump truck for snow removal, etc.

ii. Indicating that the quoter can provide the necessary supplies which include but are not limited to: salt, sand, concrete safe chemicals and driveway markers.

iii. Indicating how equipment will be kept in good working condition to ensure its availability during weather events. In addition, how the contractor will remove and replace defective equipment if needed to ensure there is no excuse for not performing all duties in the PWS.

FACTOR 2 – PAST PERFORMANCE

The quoter’s past performance on related contracts (both Government and non-Government) will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of services, effective management of subcontractors, cost management, willingness to adapt to changes, level of communication between the contracting parties, proactive management and customer satisfaction. The Government reserves the right to assess the past performance of proposed subcontractors. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the quoter, the agency's knowledge of contractor performance, other Government agencies or commercial entities, or past performance databases. If a quoter does not have a history of relevant contract experience, or if past performance information is not available, the quoter will receive a neutral past performance rating; however, a quoter without a history of relevant experience may receive a lowered rating for the technical capability evaluation subfactor.

The quoter shall provide the following information:

References and clearly address recent relevant work (both Government and non-Government);

contracts; and subcontracts. The quoter shall include the name of the customer, including contracting agency; address and phone number; contract number; type of contract; dollar value;

date of contract; period of performance; place of performance; and a brief description of the work scope and responsibilities.

(b) Cost/Price Evaluation.

The quoted prices/costs will be evaluated but not scored. The cost evaluation will determine whether the quoted costs are realistic, complete, and reasonable in relation to the solicitation requirements.

Quoted costs must be entirely compatible with the technical quotation.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of Clause)

52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(Reference 52.203-18)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) (Reference 52.203-19)

52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS - #REPRESENTATION (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

(Reference 52.204-13)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

(Reference 52.204-18)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(Reference 52.204-7)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

(Reference 52.204-16)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (Reference 52.204-19)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

PAGE 23 OF 63 WC133W18RQ0007

(Reference 52.204-22)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(Reference 52.212-1)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

(Reference 52.212-4)

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

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

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

"Civil judgment" means--

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

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal.

To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

"DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, 'Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

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

"Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan.

It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

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

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

"Forced or indentured child labor" means all work or service

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

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

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

(14) E.O.