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Breast Implant Supplies, IDIQ


Arizona, United States
Government : Military
RFP
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Indian Health Service (IHS), Phoenix Area Office (PAO), Division of Acquisition Management (DAM)
Place of Performance: Phoenix Indian Medical Center (PIMC), Phoenix, AZ


Solicitation No: 17-247-SOL-00068 Date Issued: June 16, 2017


Due Date: Thursday, July 17, 2017 by 12:00 PM MST


Issued by: Donovan Coney, Contract Specialist
Email: donovan.conley@ihs.gov Telephone: 602-364-5174

Email: Donovan.Conley@ihs.gov

Overnight Delivery-FedEx
IHS/Phoenix Area Office (PAO)
Attn: Donovan Conley
Division of Acquisition Management (DAM)
40 North Central Avenue, Room 507
Phoenix, AZ 85004-4450

The Government intends to award between one and three multiply award Firm-Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) contracts that will cover the period of performance for 12-months of breast implant supplies for a one base (1) year base year and the four (4) one (1) year options.


Breast Implant Supplies


The Indian Health Service (IHS), Phoenix Area Office (PAO), Division of Acquisition Management (DAM) intends to procure breast implant supplies for patients post breast mastectomies either malignant or benign, or asymmetries for post reconstructive surgery. Supplies are to be delivered to the Phoenix Indian Medical Center, Integrated Surgical Services (ISS)/Operating Room (OR) Department in accordance with the Statement of Work (SOW) and terms and conditions of the contract.


Place of Performance:


Phoenix Indian Medical Center
4212 North 16th Street
ISS/OR Department
Phoenix, AZ 85016
Attention: Thomas Hlebasko


NOTICES:


1. This is a Combined Synopsis/Solicitation.


2. ISSUED AS FULL AND OPEN COMPETITION
The NAICS Code/Size Standard: 339113 / 750 Employees


3. Any questions regarding this announcement must be submitted in writing no later than
July 16, 2017 by 4:00 PM MST to Donovan Conley via email at Donovan.Conley@ihs.gov.


SECTION I - COMBINED SYNOPSIS & SOLICITAION NOTICE


This is a combined synopsis/solicitation for commercial supplies prepared in accordance with the format in Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with FAR Part 13, Acquisition Procedures; and as supplemented with additional information included in this notice. This announcement constitutes the only solicitations; proposals are being requested and a written solicitation will not be issued. The Solicitation Number is 17-247-SOL-00068. This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-95 dated January 13, 2017.


FULL AND OPEN COMPETITION - NAICS Code/Size: 339113 / 750 Employees



FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEM
SECTION II - INSTRUCTIONS TO OFFERORS: ADDENDA


This section specifies the format and content that offerors shall use in response to this Request for Proposal (RFP). Offerors shall submit a response that is legible and comprehensive enough to provide the basis for a sound evaluation by the Government. Information provided shall be precise, factual and complete. Legibility, clarity, completeness and responsiveness are important. Proposals shall be in the form prescribed by, and shall contain a response to, each of the areas identified below. Any proposal which does not meet the requirements of the solicitation may be determined to be substantially incomplete and may result in rejection of the offeror's entire proposal.


The proposal shall be submitted in three separate sections:


I. Technical
II. Past Performance
III. Price


A complete Technical, Past Performance, and, Price proposal shall be submitted no later than the offer due date of July 17, 2017 by 12:00 PM MST. If any one proposal section is received past the stated closing date, the entire proposal will be considered late. No further consideration will be given to any offeror who submits any of the sections late in accordance with FAR 15.208(b).


Technical


Offerors shall submit a proposal including all necessary documentation demonstrating that it meets all of the specification requirements and a solution is proposed for the ordering procedures within the Statement of Work (SOW). If marketing brochures are submitted, please ensure that it denotes exactly how all Statement of Work requirements and ordering procedures are met; otherwise, provide the supplemental information within the Technical approach of the proposal. Offerors shall submit sufficient documentation to allow for an evaluation of the Technical factor and its abilities to meet the Statement of Work.


Page limitation for Technical: The total number of pages shall not exceed twenty (20) pages, excluding the cover letter, title page and table of contents. If Technical contains more than the mandated page count then only the first twenty (20) pages will be evaluated.


Past Performance


Offerors shall provide recent and relevant contracts for the same or similar items for one or up to three (3) references within the last three (5) years. Contracts cited must be current, or have ended not more than three (5) years prior to the closing date of this solicitation. If the contract performance ended more than three (5) years prior to the closing date of the solicitation it will be determined not relevant.


The data for each reference shall contain at a minimum the following:


Company Name:___________________________________
Address:_________________________________________
Contact Name:_____________________________________
Contact Telephone No:_______________________________
Contact Fax No:_____________________________________
E-mail Address:_____________________________________
Contract Number (if applicable):________________________
Supplies Provided:___________________________________
Service Period:______________________________________
Information Comments:_______________________________


If the offeror does not possesses relevant past performance, the offeror shall submit a statement affirming that it possesses no relevant Past Performance.


The Government may contact the POCs listed on the Past Performance Information Sheets. POCs must be either Government personnel (civil service or military) or employees of private sector clients with whom it has provided services. Information provided by or for POCs who work directly for the offeror or a teaming partner will be determined not relevant.


The Government reserves the right to consider other past performance information at its disposal, in addition to any information obtained from the references provided.


Page limitation for Past Performance: The total number of pages shall not exceed five (5) pages, excluding a cover letter and title page. If Past Performance contains more than the mandated page count then only the first five (5) pages will be evaluated.


Price


The offeror shall include the following:


• Completed "Pricing Schedule" that accompanies solicitation as an attachment.


• Adequate price competition is expected for this acquisition. Offeror shall submit individual line item pricing for each item below. Offerors shall submit firm-fixed pricing for the requirement. Include commercial price lists; any applicable discounts, GSA/VA Contracts and F.O.B Destination to the Government. Offerors shall include estimated timeframe, after the receipt of order, for delivery of supplies.


• Prices shall be good for 60 days.


FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEM (JAN 2017)
Registration in SAM


Vendors not registered in the System for Award Management (SAM) database at the time the requirement is to be awarded will not be considered. Vendors may register with SAM by going to the website - www.sam.gov. FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Jan 2017) is included by reference (full text is available electronically at http://www.acquisition.gov/far. A completed copy of this provision must be included with response. Offeror shall complete only paragraph (l) of this provision if the offeror has completed the annual representations and certifications electronically at https://www.sam.gov. If an offeror has not completed the annual representations and certifications electronically at the SAM website, the offeror shall complete only paragraphs (b) through (l) of this provision.


Only written requests for additional information will be accepted. Notification of any changes shall be made only on the
FedBizOpp website.


Acknowledgement of solicitation number 17-247-SOL-00068 as well as all amendments (if applicable) must be made. Acknowledgement may be in the form of an email with the solicitation, signature on any amendments and the pricing schedule.


Questions


Any questions must be addressed to Donovan.Conley@ihs.gov by email only no later than 4:00 PM MST July 16, 2017.


No phone calls will be accepted.


Responses


All responses should be submitted electronically to Donovan.Conley@ihs.gov by 12:00 pm MST July 17, 2017 of the solicitation. The Technical, Past Performance, and Price shall be submitted via e-mail only. Files shall be in Microsoft Word, Microsoft Excel or Adobe PDF only.
Subject line should read: Solicitation #17-247-SOL-00068
Emails shall be no larger than 10 MB
All proposals shall include the following information on its cover page:


• Complete company name and address
• Company POC including title, email address and phone number
• Cage Code
• DUNS Number
• Place of Manufacture


Period for Acceptance of Offers


The offeror agrees to hold the prices in its offer from for 60 calendar days from the date specified for receipts of offers within which offer may be accepted. .



SECTION III - PRICE SCHEDULE


The Contractor shall furnish all required breast implant supplies as listed in the Pricing Schedule in accordance with the Statement of Work (SOW) and all other terms and conditions specified herein.


a. Period of the Contract: One (1) base year and four (4) one (1) year options.
b. The minimum amount the Government will acquire is $2,000.00 and the maximum value the Government will acquire is $150,000.00 under this contract.


DELIVERY LOCATION:


Phoenix Indian Medical Center
4212 North 16th Street, Warehouse, Bldg-9
Attention: Thomas Hlebasko
Phoenix, AZ 85016.
Phone: 602-263-1523


Delivery shall be made no later than ____ (fill date) calendar days or sooner after receipt of order (ARO).


Responsibility and Inspection: Unless otherwise specified in the contract or purchase order, the supplier is responsible for the performance of all inspection requirements and Quality Control (QC).

PRICING SCHEDULE:


See Attachment, Solicitation Number 17-247-SOL-00068


SECTION IV - STATEMENT OF WORK (SOW)


Project Title: Breast Implant Supplies


1. Requirements:


Phoenix Indian Medical Center has a requirement for reconstruction breast implants and expanders. The contractor shall provide Saline and Gel breast implants and that are filled with a silicone gel or saline that holds together uniformly and retains a natural shape and texture that will resemble breast tissue. The implants must have a set-fill volume for predictable results. The breast implants are pre-filled to an appropriate volume that is required by the surgeon. Offerors shall provide a full complement of volume amounts ranging from 80cc to 800cc. Saline or Gel shall not be added or removed from the implant. Tissue expanders, used in breast reconstruction shall be designed to allow for differential expansion of the breast pocket (greater expansion in the lower portion of the breast). The expander should have an integral "injection port" that allows for simplified and more convenient expansion. Offerors shall provide at a minimum a 30mm port. However, a larger port entry point is optimal due to the potential patient risk should an expander puncture occur.


The technical requirements shall include the styles described within the Price Schedule (See Section III, Price Schedule). Offerors shall provide their gel implant, saline implant and expander listing specifications for verification of the models, styles, profiles, catalog number, volume, width and projections along with their proposals.


The Contractor shall not provide substitutions or alterations to the product to be ordered without the express written consent from the Contracting Office and the approval from PIMC. The Contractor shall make no adjustments, changes, deletions or additions to the list of products to be provided without a written contract modification from the Contracting Officer. Request for modification must be submitted in writing to the Contract Specialist as specified in the Instructions to Offerors.


The Contractor shall provide product support to PIMC. The Contractor shall appoint a representative for the routine interactions with the PIMC. The Contractor shall provide a name, email address, and phone number for this individual. If the Contractor changes its appointed representative, it must notify PIMC in writing and provide the new representatives contact information. This individual shall be well-versed in the items provided by the Contractor under the contract and be able to address any technical issues/questions.


The supplies shall be compliant with the Food and Drug Administration (FDA) requirements to market and deliver of medical products for use in the United States of America. The claims made for the product shall comply with the regulations of the FDA with respect to products for marketing and delivery of a medical product for use in the United States of America. Offerors must notify the Contract Specialist identified in this requirement in the event there are any non-compliance issues with the product being supplied.


Contractor shall be the original supply manufacturer, authorized dealer, authorized distributor or authorized reseller for the proposed supplies. Warranty and service are provided and maintained by the original supply manufacturer.


2. Ordering Procedures:


The Government will utilize a provisional ordering program. The Contractor shall be responsible on providing a worksheet for Ordering Officials to place implants and expanders orders. The Ordering Officials will provide the Contractor an order no earlier than 14 days before surgery. Orders shall be delivered FOB Destination. All unused implants and expanders must be returned within 30 days after surgery and the Contractor will provide prepaid return labels and phone number with their designated transportation carrier. No additional charges or shipping may be levied against the Government in order to meet this requirement and the cost of shipping/delivery will be included in the contract. The Contractor shall provide email notices to the COR and Ordering Officials to return unused implants and expanders. On the last day of month the Contractor shall provide PIMC an invoice for the ordered implants and expanders.


The Government will issue Task Order(s) as the need arises either in a lump sum for the year or for individual emergencies. RFQ's may be issued to all awardees and award given to the best offerer or as time the requirement necessitates, the requirement may just be awarded as the Contracting Officer deems necessary. If an RFQ is issued, the evaluation criteria is lowest price.


3. Estimated 1 Year Quantities by Category:


Line Item Unit Quantity
A. Expander With Tabs Each 3
B. Expander Without Tabs Each 2
C. Gel Sizers Each 2
D. Saline Implants Each 3
E. Gel Implants, Shaped Cohesive Each 8
F. Gel Implants, Smooth Round Each 8



FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014)
SECTION V - BASIS FOR AWDARD


This is a best value tradeoff procurement. The Government may elect to award to other than the lowest priced, based on the evaluation of the non-priced factors and the best value to the Government. Technical is more important than Past Performance; Technical and Past Performance, when combined, are more important than Price. Since awards will be made on a best value trade-offs, the Contracting Officer reserves the right to award to other than the lowest priced offeror providing the prices are determined to be fair and reasonable.


Proposals shall include sufficiently detailed information to enable evaluation based on the following factors:


EVALUATION FACTOR CRITERIA
FACTOR 1 - Technical


The Government will evaluate each offer to determine the offer's ability to meet the requirement and ordering procedures of the solicitation as described in the Statement of Work.


The Government will not assume that the offeror possesses any capability or knowledge unless it is specified in the Technical section.


FACTOR 2 - Past Performance


The Government will first evaluate the offeror's Past Performance references to determine whether the company has provided relevant Past Performance. A determination of relevant or not relevant will be made for each reference. A relevancy determination may be made based solely on the information provided on the past performance.


Past performance information may be obtained from any other sources available to the Government, such as Past Performance Information Retrieval System (PPIRS) and interviews with Contracting Officer's Representatives/Technical Liaisons.


The Government reserves the right to utilize other information not provided by the vendor and will evaluate information readily available. It is the responsibility of the offeror to ensure names and phone numbers of points of contact are verified and accurate. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance (FAR 15.305(a)(2)(iv)). The offeror will receive a neutral rating.


Past Performance reference format:

Company Name:___________________________________
Address:_________________________________________
Contact Name:_____________________________________
Contact Telephone No:_______________________________
Contact Fax No:_____________________________________
E-mail Address:_____________________________________
Contract Number (if applicable):________________________
Supplies Provided:___________________________________
Service Period:______________________________________
Information Comments:_______________________________


FACTOR 3 - Price


The Government will evaluate the proposals to determine the price fair and reasonableness in accordance with FAR 13.106-3(a).


Offer must be good for 60 calendar days after submission.


FOB Destination CONUS (Continental U.S.). Shipping charges shall be included in the purchase cost of the product. Sellers shall deliver the products on their own conveyance to the location listed on the award.


RATING METHODS


Factor 1 - Technical: Adjective Rating:
One of the following ratings will be assigned.


TECHNICAL RATINGS
Rating Definition
Exceptional Greatly: exceeds all minimum requirements of the criteria; has a high probability of success; contains no weaknesses or deficiencies.
Good: Exceeds all the minimum requirements of the criteria; has an above average probability of success; contains no significant weaknesses and only minor, correctable weaknesses exist.
Acceptable: Meets all the minimum requirements of the criteria; has an average probability of success; no significant weaknesses and any deficiencies can be readily corrected.
Marginal: Fails to meet one or more of the minimum requirements of the criteria; low probability of success; major weaknesses and/or significant number of deficiencies exist
Unacceptable: Fails to meet any of the minimum requirements of the criteria; proposal needs major revisions; very low probability of success.



Factor 2 - Past Performance Ratings:
One of the following ratings will be assigned.


PAST PERFORMANCE RELEVANCY RATINGS
Rating Definition
Very Relevant: Present/past performance effort involved essentially the same magnitude of effort and complexities this solicitation requires.
Relevant: Present/past performance effort involved much of the magnitude of effort and complexities this solicitation requires.
Somewhat Relevant: Present/past performance effort involved some of the magnitude of effort and complexities this solicitation requires.
Not Relevant: Present/past performance effort did not involve any of the magnitude of effort and complexities this solicitation requires.


The combination of relevancy and recency, and performance documented by the information collected by the Government, will result in one of the following ratings:


PAST PERFORMANCE RATINGS
Rating Description
Acceptable: Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown (See note below.).


Unacceptable: Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will successfully perform the required effort.


SECTION VI - CONTRACT CLAUSES AND ADMINISTARTION DATA


FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)


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):
http://farsite.hill.af.mil/vffara.htm


Number Title (Date)
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or
Transactions Relating to Iran - Representation and Certifications (OCT 2015)
FAR 52.246-2 Inspection of Supplies-Fixed Price (AUG1996)
FAR 52.212-4 Contract Terms and Conditions - Commercial Items (JAN 2017)
FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)
FAR 52.247-34 F.O.B. Destination (NOV 1991)


FAR 52.216-18 Ordering (OCT 1995)


(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from TBD through TBD.


(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.


(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.


FAR 52.216-19 Ordering Limitations (OCT 1995)


(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.


(b) Maximum order. The Contractor is not obligated to honor --
(1) Any order for a single item in excess of $30,000.00;
(2) Any order for a combination of items in excess of $150,000.00; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.


(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.


(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.


FAR 52.216-22 Indefinite Quantity (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after ¬TBD.



FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders - Commercial Item (MAR 2016)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
_X_(4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Nov 2016) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_X_(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X_(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
_X_(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_(28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
_X_(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
_X_(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
_X_(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
_X_(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_(33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph 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.
___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).
___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
_X_(48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_(51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_(57) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (58) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).
___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph 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.
(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).
(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.


FAR 52.217-8 Option to Extend Services (NOV 1999)


The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.


FAR 52.217-9 Option to Extend Term of the Contract (MAR 2000)


(a) The Government may extend the term of this contract by written notice to the Contractor within 30 Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 Days before the contract expires. The preliminary notice does not commit the Government to an extension.


(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.


(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 Years and six (6) months.



Health & Human Services Acquisition Regulation (HHSAR) Clauses, Authority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2)


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):
http://farsite.hill.af.mil/VFHHSARA.HTM


Number Title (Date)


FAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigation (DEC 2015)
FAR 352.223-70 Safety and Health (DEC 2015)



ADMINISTRATIVE DATA:


Contracting Officer Authority:


The Contracting Officer is designated on the contract face page. Only the Contracting Officer has the authority to approve any deviations from the specifications and terms of this contract. Undertakings and/or agreements relative to this contract must be taken up in writing with the Contracting Officer, and Matters handled otherwise will not be recognized as binding upon the government. The contractor shall accept no instructions which deviate from the contract if issued by any person other than the Contracting Officer.


Contracting Officer's Representative (COR) Authority:


1. The Contracting Officer shall designate the COR representing the Government for the purpose of this contract in writing. Such designation will set forth the duties specifically delegated in regard to the performance of this contract. A copy of the designation will be provided to the contractor.


(To be completed at time of award) is hereby designated as the COR for this contract.


2. The Government may unilaterally change the COR designations.
3. The major responsibility of the COR is to ensure Contractor accountability, monitor contract performance, and assist the Contractor in the resolution of program problems encountered during the performance of this contract.


4. The COR shall be responsible for:


a) Monitoring the Contractor's technical progress, including the surveillance and assignment of performance and recommending to the contracting Officer changes in requirements;
b) Interpreting Statement of Work;
c) Performing technical evaluation as required;
d) Performing technical inspection and acceptance required by the contract;
e) Assisting the contractor in the resolution of technical problems encountered during performance.


The COR does not have authority to modify or change the terms and conditions of the contract.


Contract Administrative Data


1. Federal Acquisition Regulations (FAR) require all contractors conducting business with the Government to be registered in the online database: 1) The System Awards Management System (SAM) Government-wide online database for the provision of basic information relative to contract awards [refer to FAR Clause 52.212-4, para (t)].


You may accomplish these registrations online at the following web sites:


SAM - http://www.sam.gov


2. Contract Administration: All contract administration matters will be handled by the following individuals:


a. CONTRACTOR (Provide name and address):
_____________________________
_____________________________
_____________________________
_____________________________


DUNS Number: ___________________________________(Provide DUNS)

[See FAR 52.212-1 Instructions... (j) Data Universal Numbering System (DUNS) Number]

TAX ID: _________________________________________(Provide TAX ID)


b. GOVERNMENT:


Orlando Guerrero, Contracting Officer
Indian Health Service (IHS), Phoenix Area Office (PIMC)
Two Renaissance Square, 40 North Central Avenue
Suite 507, Division of Acquisition Management
Phoenix, AZ 85004-4450
Email: Orlando.Guerrero@ihs.gov

3. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor shall be electronically reimbursed:


[X} 52.232-34, Payment by Electronic Funds Transfer- The Debt Collection Act of 1996 requires that Federal non-tax payments made after January 1, 1996 be made by Electronic Funds Transfer (EFT


[ ] 52.232-36, Payment by Third Party


4. INVOICES: Invoices shall be submitted in ARREARS:


a. Quarterly [ ]
b. Semi-Annually [ ]
c. Other [X] Monthly in Arrears


5. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically.


6. INVOICING/BILLING:


Contractor shall establish a recordkeeping system of contractor supplies provided. Contractor may only bill for supplies provide to the PIMC. At the end of each month the contractor will submit an invoice for payment.


Invoice Requirements and Supporting Documentation: Supporting documentation and invoices must be submitted no later than the 10th workday of the month. Changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a "proper" invoice in accordance with FAR 52.212-4 (g) all invoices must include:


Name and address of Contractor
Accounts Receivable Phone Number or Email Address
Contract Task Order Number, e.g. HHSI247201500033P/HHSI24728003
CLIN-Number:
Equipment Service List: Description of Service; Make, Model; Monthly Cost per Unit; Number of Units; and Total Monthly Cost
Grand Total Cost


Electronic Invoicing: The Phoenix Indian Medical Center (PIMC) has initiated an important change in the accounts payable process that is mandatory and will ensure contractors are paid promptly. All invoices are to be submitted by email to PHX_PIMCAPInvoice@ihs.gov.


Phoenix Indian Medical Center
Attn: Financial Management Branch
4212 North 16th Street
Phoenix, AZ 85016
Phone: 602-248-4183
Fax: 602-248-4185


The contractor shall accept payment for supplies delivered under this contract as payment in full. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than the PIMC for supplies provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third parties for supplies rendered under this contract. This provision shall survive the termination or ending of the contract.

7. TAX EXEMPT STATUS:


THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, PHOENIX AREA INDIAN HEALTH SERVICE IS TAX EXEMPT UNDER A.R.S. 42-5063 (C)(3)(a), 42-5067 (B)(1), 42-5065 (B)(2)(a), 42-5066 (B)(3)(a), 42-5074 (B)(7), 42-5071 (B)(2)(a), 42-5061 (A)(25)(a), AND 42-5159 (A)(13)(a), (b), (c) STATE OF ARIZONA DEPARTMENT OF REVENUE.


ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE


 


SECTION VII - PROVISIONS



FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)


This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):


http://farsite/hil/af.mil/vffara.htm


NUMBER TITLE DATE


FAR 52.204-7 System for Award Management (Jul 2013)
FAR 52.204-13 System for Award Management Maintenance (Jul 2013)
FAR 52.216-27 Single or Multiply Awards (Oct 1995)
FAR 52.217-5 Evaluation of Options (Jul 1990)



FAR 52.216-1 Type of Contract (APR 1984)


The Government contemplates award of a Firm-Fixed Price, Indefinite-Delivery Indefinite-Quantity contract resulting from this solicitation.


FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (APR 2016)


The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision--
"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
"Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
"Civil judgment" means--
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
"DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--
(1) Department of Labor Wage and Hour Division (WHD) for--
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;
(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(vi) The Family and Medical Leave Act; and
(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);
(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--
(i) The Occupational Safety and Health Act of 1970; and
(ii) OSHA-approved State Plans;
(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--
(i) Section 503 of the Rehabilitation Act of 1973;
(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and
(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and
(5) Equal Employment Opportunity Commission (EEOC) for--
(i) Title VII of the Civil Rights Act of 1964;
(ii) The Americans with Disabilities Act of 1990;
(iii) The Age Discrimination in Employment Act of 1967; and
(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).
"Forced or indentured child labor" means all work or service-
(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.
"Labor laws" means the following labor laws and E.O.s:
(1) The Fair Labor Standards Act.
(2) The Occupational Safety and Health Act (OSHA) of 1970.
(3) The Migrant and Seasonal Agricultural Worker Protection Act.
(4) The National Labor Relations Act.
(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.
(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.
(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
(8) Section 503 of the Rehabilitation Act of 1973.
(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.
(10) The Family and Medical Leave Act.
(11) Title VII of the Civil Rights Act of 1964.
(12) The Americans with Disabilities Act of 1990.
(13) The Age Discrimination in Employment Act of 1967.
(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).
(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).
"Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws".
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spous

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