Bus Wraps

Combined Synopsis/Solicitation IAW FAR 12.603 This is a combined synopsis/solicitation for a commercial service prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as solicitation number FA7000-17-T-0037 in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-95, effective 19 Jan 2017. The North American Industry Classification System Code [NAICS] is 541850 and the business size standard of $15 Mil. The acquisition is a 100% Small Business Set-Aside. All responsible sources may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, USAF Academy (USAFA). The government bares no legal liability for bid cost associated with this request for quote. Vendors should not submit a quote unless they are willing to absorb all cost associated with submitting a quote. Quotes submitted with used, reconditioned, refurbished, gray market, or liquidated stock will not be considered for award. Notice to Offeror(s)/Supplier(s): The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. This Solicitation is being issued in accordance with (IAW) FAR Parts 12 and 13 as a Request for Quote. IAW FAR 13.004, in all instances throughout this solicitation any use of the word "proposal" should be understood as "quote". All instances of the word "offeror" should be understood as "quoter". All instances of the word "award" should be understood as "order". Quotes supplied in response to this solicitation are not binding. The requirement will be awarded to the Quoter IAW 52.212-2, found herein. Please read and comply with all requirements for submitting a quote. Failure to comply with all instructions contained within this Synopsis/Solicitation could result in the quote being ineligible for award. It is the offerors responsibility to ensure their quote meets all the requirements identified herein. DESCRIPTION: This requirement is for two buses to be wrapped. This includes the graphic design and installation (Date of Contract Award - 28 Feb 2017). Work shall be completed at the contractor's facility which shall be within a 120 mile radius of USAF Academy. The contractor shall provide all labor, materials, equipment, and supplies to design, manufacture and install (apply) the graphics. The bus wrap shall utilize the official USAFA logo on both sides of the vehicle, with the logo mark "AF" on the back of the vehicle. Where the logo is placed should have a white, or light background and be in accordance with the current USAFA Brand Guide. Contractor is encouraged to provide additional design elements for the bus wrap as long as they do not conflict with the AF Academy Logo design guide. Possible design elements may include angels, cyber or space abstract, but must present a clean overall look. The Government will furnish a copy of the pertinent portions of the AF Academy Logo design guide, and any other photos that need to be incorporated. Approval, of the design, from the government will be needed before it is applied. Multiple designs may be required to choose the appropriate and best design. The Government will deliver the vehicles to the contractor's location. This will be awarded as a firm fix price contract. Please list the cost for services. CLIN Description Qty Unit Price 0001 Graphic Design Services $__________ CONTRACTOR SHALL CREATE GRAPHICAL DESIGN FOR BUS WRAPS WITH GUIDANCE FROM THE GOVERNMENT . 0002 MCI Bus Wrap Installation $__________ MFR & INSTALL GRAPHIC WRAPS CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS, AND EQUIPMENT TO MANUFACTURE AND INSTALL GRAPHIC WRAPS ON GOVERNMENT-OWNED MCI BUS. 0003 Freightliner Bus Wrap Installation $__________ MFR & INSTALL GRAPHIC WRAPS CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS, AND EQUIPMENT TO MANUFACTURE AND INSTALL GRAPHIC WRAPS ON GOVERNMENT-OWNED FREIGHTLINER BUS. Total $__________________ The following Federal Acquisition Regulation (FAR) clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items, to include and applicable addenda thereto: The contractor shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number of the offeror, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, technical (descriptive/specification literature), tax identification number, size of business, and standard warranty information. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Descriptive/Specification literature must contain adequate information to judge if products meet or exceed the characteristics supplied in the solicitation. Quotes and descriptive literature information must be received no later than 10:00 am Mountain Time, 21 Feb 2017 at the 10 CONS/LGCB, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840-2315. Please submit quotes by e-mail to the attention of Casey Pehrson, Contract Specialist at 719-333-2327 at email address casey.pehrson.2@us.af.mil. In his absence, please contact Russell Jordan, Contracting Officer at 719-333-3961 at email address russell.jordan@us.af.mil. Addenda to FAR 52.212-1, PROPOSAL PREPARATION INSTRUCTIONS: a. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. Offerors are required to meet all Request For Quote (RFQ) requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the RFQ terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts; Part I - Price Quote, Part II- Required Documentation, and Part III - Contract Documentation (Representation and Certification). b. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional cost information will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price. c. Specific Instructions: 1. PART I - PRICE QUOTE - Submit Items 0001 through 0003 on page 1 of this document. The unit price for each line item to include extended price with an overall total price. All dollar amounts SHALL be ROUNDED TO THE NEAREST DOLLAR. 2. PART II - REQUIRED DOCUMENTATION - Offeror shall submit all required documentation. The offeror shall also submit this document with all required fill-ins within the provisions and clauses. 3. Part III - CONTRACTOR DOCUMENTATION - Representation and Certification. (see paragraph a below) a. The provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Jan 2017) and its Alternate I (Alt I) (Oct 2014) must be completed. Offerors are highly encouraged to complete all representations and certifications electronically online at: https://www.sam.gov/portal/SAM/#1. If not completed online, 52.212-3 Alt I shall be completed in hard copy and submitted with quote, which this provision is included within this solicitation. Subject provisions are available at http://farsite.hill.af.mil and https://www.acquisition.gov/?q=browsefar . b. Price quotes must be Firm-Fixed Price. c. The System for Award Management (SAM), contractors must be registered with SAM to conduct business with the Department of Defense. No purchase order can be awarded to any company without this registration (https://www.sam.gov/portal/SAM/#1). The provision at FAR 52.212-2, Evaluation--Commercial Items apply to this acquisition: 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1. Price Evaluation. Initially, offers shall be ranked according to total price. The price evaluation will document the reasonableness and affordability of the proposed total evaluated price. 2. Technical Evaluation. The lowest price quote will be evaluated for Technical Acceptability. Technical acceptability is equally important as price evaluation. i. . Material Durability - Material must be equivalent or higher than 2-mil cast vinyl film and equivalent or higher 8518 gloss overlaminate. ii. Manufacturer warranty on material of at least one year. iii. Workmanship warranty of at least one year. iv. Color fastness guarantee of at least two years If the lowest priced offeror's quote passed technically then an award will be made without further evaluation of other quotes. Evaluation will continue in this manner until an offeror's technical information is rated Technically Acceptable (Pass) until all quotes are evaluated. (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Jan 2017) applies to this acquisition. ADDENDUM TO FAR 52.212-4(c) CHANGES Text in paragraph (c) is deleted and replaced with the following: Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)). (End of Addendum) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 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. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (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) X (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). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (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 (b)(1)(xvi): 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) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xx) 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. (xxi) 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. (End of Clause) 52.222-42 -- Statement of Equivalent Rates for Federal Hires (May 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage Fringe Benefits Painter, Automotive WG-09 $24.25 36.25% Graphic Artist GS-09 $20.72 36.25% (End of Clause) 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 address: http://farsite.hill.af.mil (End of Clause) Additional FAR clauses by reference cited in the clause applicable to this acquisition are: 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) 52.209-6 Protecting the Governments Interests When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.219-28 Post-Award Small Business Program Representation (Jul 2013) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor -- Cooperation with Authorities and Remedies (Oct 2016) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-36 Equal Opportunity for Workers w/Disabilities (Jul 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relation Act (Dec 2010) 52.222-41 Service Contract Labor Standards (May 2014) 52.222-50 Combat Trafficking in Persons (Mar 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Jul 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Contractors (Dec 2013) 52.233-1 Disputes (May 2014) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) Additional DFARS clauses cited in the clause applicable to this acquisition are: 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7005 Representation Relating to Compensation of Former DOD Officials (Nov 11) 252.204-7003 Control of Government Personnel Work Product (APR 1992) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (May 2016) 252.209-7002 Disclosure of Ownership or Control By A Foreign Government (JUN 2010) 252.232-7003 Electronic Submission of Payment Requests and Receiving (Jun 2012) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (a) Definitions. As used in this clause-- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall-- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/. (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). 2 in 1 (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. N/A (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA7000 Admin DoDAAC FA7000 Service Approver (DoDAAC) F4BR10 Service Acceptor (DoDAAC) F4BR10 (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. russell.jordan@us.af.mil (Contracting Officer) casey.pehrson.2@us.af.mil (Contract Specialist) (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. russell.jordan@us.af.mil (Contracting Officer) casey.pehrson.2@us.af.mil (Contract Specialist) (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) AFFARS CLAUSE IN FULL TEXT: 5352.201-9101 OMBUDSMAN (JUN 2016) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, James Anderson 8110 Industrial Drive, STE 103 USAFA, CO 80840 Telephone number 719-333-2074 FAX 719-333-9018 Email: james.anderson.72@us.af.mil Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012) (a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation. (b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass. (c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site. (d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 34.110, Air Force Out Door Recreation Program and Procedures, AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management. (e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. (f) Failure to comply with these requirements may result in withholding of final payment. (End of clause) PROVISIONS: FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (Jan 2017) ALTERNATE I (Oct 2014) 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 (OS...