Center Section Overhaul CGC MAPLE

COMBINED SYNOPSIS/ SOLICITATION This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart12.6, supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued The solicitation is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-94 dated January 18, 2007. This requirement is being solicited as total small business set aside using FAR Part 12 Acquisition of Commercial Items and FAR 13.5 Simplified Procedures for Certain Commercial Items. The NAICS Code is 336611 - Ship Repair with a small business size standard of 1,250 employees. The solicitation number is HSCG85-17-Q-P45915. SCHEDULE OF SUPPLIES/SERVICES: See Attachment 1. DESCRIPTION OF WORK: The Contractor shall furnish all necessary facilities, labor, materials, services, equipment, supplies, power, accessories, special tools and such other things as are necessary to perform Dockside Repairs on the USCGC MAPLE, 225 foot Seagoing Buoy Tender, all in exact accordance with this solicitation and the attached specification. See Attachment 2. CONTRACT TYPE: This solicitation is a request for quotes (RFQ) that will result in the award of a firm fixed price contract solicited under FAR PART 12 and FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items. JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION: The U.S Coast Guard has determined, consistent with FAR 13.501 (a)(1)(ii), that only a limited number of responsible sources and no other supplies or services will satisfy agency requirements. The statutory authority permitting other than full and open competition is 41 U.S.C. 1901, as implemented as FAR Part 13.5, Test program for Certain Commercial Items. The Original Equipment Manufacturer (OEM) is Caterpillar, Inc (CAT). Technical data necessary for performance is proprietary to the OEM. Attachment 5, Justification for Other Than Full and Open Competition provides documentation supporting the decision. In accordance with Attachment 2, work specification Caterpillar Engine Overhaul specification for dockside maintenance FY2017 (Rev-0, 13 February 2017), paragraph 3.2.1 Caterpillar Tech Rep. The Contractor shall provide the services of a certified Tech Rep, who is familiar with the Caterpillar marine diesel engine models listed in Para 3.3.4, this procurement solicits quotes from Offerors, who can provide the services of a certified Technical Representative (Tech Rep), who is authorized for the CATERPILLAR MODEL D3508 (BAG) Marine Diesel Engine, to accomplish all tasking pertaining to the marine diesel engines and associated components. CONTRACT PERIOD OF PERFORMANCE: The performance period for this requirement is 01 May 2017 through 21 May 2017. PLACE OF PERFORMANCE: The place of performance is at the vessel's home pier . CUTTER'S HOMEPORT: Sitka, Alaska QUESTIONS: It is strongly encouraged to submit questions regarding this solicitation by March 27, at 1:00 PM EST. After this date further requests may not be accepted due to time constraints. For questions regarding this solicitation, contact contact@example.gov and contact@example.gov, utilizing Request for Clarification to Submit Any Question. QUOTATION DUE DATE: Quotations must arrive no later than March 31, 2017 at 10:00 AM EST, Quotations may be sent via electronic mail (e-mail) to contact@example.gov and contact@example.gov. FAR Clauses In By Reference FAR 52.204-7 System for Award Management (Provision) OCT 2016 FAR 52.204-13 System for Award Management Maintenance OCT 2016 FAR 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations-Representation (Provision) NOV 2015 FAR 52.212-1 Instruction to Offerors- Commercial Items (Addendum below) JAN 2017 FAR 52.212-4 Contract Terms and Conditions- Commercial Items (Addendum below) JAN 2017 FAR 52.215-20 ALT IV Requirement for Cost and Pricing Data or Information Other Than Cost or Pricing Data OCT 2010 FAR 52.217-5 Evaluation of Options JUL1990 FAR 52.223-3 Hazardous Material Identification and Material Safety Data Alternate I JAN 1997 Alt I JUL 1995 FAR 52.223-12 Refrigeration Equipment and Air Conditioners JUN 2016 FAR 52.228-5 Insurance - Work on a Government Installation JAN 1997 FAR 52.232-18 Availability of Funds APR 1984 FAR 52.232-40 Providing Accelerated Payment To Small Business Subcontractors DEC 2013 FAR 52.242-2 Production Progress Reports APR 1991 FAR 52.242-15 Stop Work Order AUG 1989 FAR 52.245-1 Government Property JAN 2017 FAR 52.245-9 Use and Charges APR 2012 FAR Clauses in Full Text 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (DHS-USCG DEVIATION 14-01) (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908. (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold. FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989) This contract is subject to the written approval of the Section Chief, CPD, C&P2 and shall not be binding until so approved. FAR 52.209-5 -- CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that -- (i) The Offeror and/or any of its Principals -- (A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); and (C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and (D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. - 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. - 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. - 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of Provision) FAR 52.209-7 - INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. I If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7). (End of Provision) FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS (JUN 1988) a. Orders for U.S. Coast Guard specification reference drawings must be placed within 10 days of the solicitation issue date. To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD-ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.). Drawing measurements should be verified by the Contractor prior to ordering materials. FAR 52.211-11 - LIQUIDATED DAMAGES - SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEPT 2000) (a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $1,086 per calendar day of delay. (b) If the Government terminates this contract in whole or in part under the Default - Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default - Fixed-Price Supply and Service clause in this contract. (End of Clause) FAR 52.217-7 Option for Increased Quantity - Separately Priced Line Item (Mar 1989) - VARIATION The Government may require the performance of the numbered line items, identified in the Schedule as option items, at the unit prices stated in the Schedule. The option quantities shown in the Schedule are estimates only. The Government has the right to require performance of these items at the quantities deemed necessary. Therefore, the Government may exercise an option item on more than one occasion during the contract performance period. The Contracting Officer will provide initial notification of the exercise of an option either verbally, by facsimile, or both. When time is of essence initial notification will be provided verbally followed within 24 hours by a facsimile of confirmation. A contract modification will be executed shortly thereafter to include those options wherein exercise notification was provided. Such options may be exercised at any phase during the contract performance period as stated herein, or any extension of the performance period. To maintain the contract performance period the Contractor shall commence performance of an option item immediately upon receiving initial notification; but, not later than 24 hours thereafter, unless proper sequencing of the work requires a delay in beginning performance of the option. In that case, the option item shall be commenced as soon as proper sequencing permits. The exercise of any option item listed in the Schedule will not normally extend the contract performance period. However, the Contracting Officer may consider a request by the Contractor for contract extension if an option is exercised after 50% of the contract performance period has expired. (End of Clause) FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JAN 2017) ADDENDUM All pages in the quote shall be numbered and identified with the quote's name and RFQ Number HSCG85-17-Q-P45915, FY2017 Dockside Repairs for USCGC MAPLE (WLB-207). Subsequent revisions should be similarly identified to show revision number and date. A. REQUIRED DOCUMENTS: Each quoter shall furnish the information required by the solicitation, which includes: 1. Attachment 1- Section B Schedule of Supplies/ Services filled out with a cost associated with each CLIN, to include labor. 2. Past Performance Documentation (2 relevant to scope of work and within 3 years). 3. Small Business Self Certification for applicable set-aside (i.e. HUBZone, Small Business, SDVOSB, 8(a)) 4. Welding Certifications and Procedures 5. Proof of Insurance (Statement of Coverage from current Insurance carrier) 6. List the names of ALL Sub-Contractor's that your company intends to subcontract for the CLIN Item(s) listed in the Schedule of Supplies/Services. 7. **ALL Technical Representative Certifications for BOTH PRIME AND SUBCONTRACTORS as specified in the specification. B. EVALUATION FACTORS Factor Title Page Limit I Past Performance 5 Pages II Price None FACTOR I: PAST PERFORMANCE The offeror shall identify at least two (2) but no more than four (4) relevant (construction, overhaul, repair and alteration of ships) and recent federal, state or local government or private contracts performed during the last three (3) years. Offeror shall submit past performance information on Attachment 3- Past Performance Information Form. FACTOR 2: PRICE Complete Attachment 1 with prices for all CLINs. The Offeror must also submit the following detailed information to support the pricing offer if requested, in addition to completing Schedule B of the solicitation. Offerors may use their own format for the information required below but it must be easily read and comprehended and identified by individual work item (eg. D-01, D-02): 1. Breakdown for each work item: (a) Direct labor cost by labor hours and proposed hourly rate(s); (b) Materials; Subcontracts; Equipment; Other Direct Costs; and Profit, if listed separately -- individually identifying any items which are $500 or greater. 2. Provide a listing by subcontractor with the following information: (a) Identification of each proposed subcontractor (name, address, phone number) and his small business status. (b) A brief description of the service or supply, by work item, to be furnished and the proposed price for each. (c) An explanation of why and how the proposed subcontractor was selected including the extent of competition obtained. Email submission shall not exceed 10 MBS. PLEASE NOTE: QUOTES THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS MAY BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED. (End of Provision) FAR 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 factor shall be used to evaluate the offer: Factors: 1. Past Performance 2. Price Past performance is significantly more important that price. Factor 1: Past Performance The past performance evaluation will take into account the guidelines outlined at FAR 15.305(a)(2) Past Performance Evaluation. The Contractor's past performance will be evaluated according to the following: Past Performance Quality Ratings Rating Description Exceptional Performance met contractual requirements and exceeded many to the Government's benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective. Very Good Performance meets contractual requirements and exceeds some to the Government's benefit. The element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were effective. Satisfactory Performance meets contractual requirements. The element being assessed contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory Marginal Performance does not meet some contractual requirements. The element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The element being assessed contains a serious problem(s) for which the contractor's corrective actions appear or were ineffective. Neutral The offeror has no past performance history OR the Contracting Officer has determined that the past performance information provided is not directly related or similar to the requirements in the RFP. In evaluating Contractors past performance, the government intends to also review U.S. Coast Guard Contractor Performance Assessment Reports and other existing past performance ratings on relevant contracts. For purposes of this solicitation, "relevant contracts" are defined as contracts performed in the three years preceding the date of this solicitation in which the contractor was the prime contractor performing construction, overhaul, repair and alteration of similarly-sized ships/ vessels. Past performance ratings for contracts that were completed more than three years before the date of the issuance of this solicitation are not considered relevant and will not be evaluated. General trends in a Contractor's performance will also be considered. Vendors lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance, but will be assigned a Neutral rating. Factor 2: Price The total evaluated price of the offeror will be determined by totaling the proposed prices of all the Definite and Option Items, plus the composite labor hour extended total. (1) DEFINITE ITEMS: These are the items, which, if there is an award at all, will be awarded. The bid shall be evaluated to include the price for each definite item. (2) OPTION ITEMS: These are the items, which, if there is an award at all, may be awarded upon completion of open and inspect, or if additional funds become available, of if they are needed. The offer shall be evaluated to include the price for each option item. (3) COMPOSITE LABOR HOUR RATE: The offer shall be evaluated to include the offer price for the Composite Labor Hour Rate multiplied by the estimated quantity of hours. Offeror's price shall represent the best price in response to the request for quotes. The price shall be evaluated to determine fairness and reasonableness. Award may be made without any type of discussions or negotiations. The Government reserves the right to award to other than the lowest-priced offeror. PRE AWARD SURVEY Prior to a contract being awarded a Pre-Award Survey may be conducted by the US Coast Guard Quality Assurance Team. The survey is used as an indication if a contractor has the qualifications to do the work and that the contractor's facilities are certified under US Coast Guard specifications. Areas of interest on this survey may include, but are not limited to the following: 1. Performance Plans 2. Quality control or contractor quality assurance Plans 3. Personnel recruitment and training plans 4. Workload factors for manpower utilization 5. Management plan for handling peak workloads 6. Production capability a. Plant facilities and equipment b. Purchasing and subcontracting c. Labor resources d. Performance record e. Ability to meet delivery schedules f. Ability to perform production work in accordance with the specifications. 7. Environmental/energy considerations 8. Plant safety 9. Technical and/or professional abilities 10. Accounting systems 11. Security clearance 12. Government property control Offerors are advised that accomplishment of this survey is a part of the evaluation process and is not to be construed as an indication that an offeror will receive or is in the best position to receive the resultant award. b) Options. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (JAN 2017) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision-- "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Civil judgment" means-- (1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction. (2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, - Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces. "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are-- (1) Department of Labor Wage and Hour Division (WHD) for-- (i) The Fair Labor Standards Act; (ii) The Migrant and Seasonal Agricultural Worker Protection Act; (iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (vi) The Family and Medical Leave Act; and (vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (2) Department of Labor Occupational Safety and Health Administration (OSHA) for-- (i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans; (4) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-- (i) Section 503 of the Rehabilitation Act of 1973; (ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and (iii) E.O. 11246 of September 24, 196...