Corrosion Control - Paint Booth Maintenance

This is a combined synopsis/solicitation for commercial services and/or supplies 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 solicitation will NOT be issued. This is a Request for Quote (RFQ) and the solicitation number for this requirement is FA2823-18-Q-0015. The Contracting Squadron at Eglin, AFB, Florida, requires Corrosion Control for Paint Booths at Buildings 72 and 455. This procurement is a 100% Small Business Set-Aside. Please identify your business size in your response based upon this standard. DESCRIPTION OF REQUIREMENT: CLIN 0001: FFP- PREVENTATIVE MAINTENANCE PROGRAM - Preventative Maintenance Program for Corrosion Control Paint Booth in accordance with (IAW) Performance Work Statement dated 30 November 2017. Period of Performance 01 January 2018 - 31 Dec 2018. Qty: 12 months CLIN 0002: FFP- ABOVE AND BEYOND MAINTENANCE AND REPAIRS. THIS IS A NOT TO EXCEED CLIN - Additional/Miscellaneous IAW PWS dated 30 November 2017. The service provider shall complete all required non-scheduled maintenance to maintain operational readiness. All maintenance not associated with the preventative program (i.e. component replacement due to failure) will be covered under this CLIN. Once a problem is identified the Vendor will notify the Government and provide a proposal for repair to include 2 quotes from 2 separate parts distributors. The Vendor will not perform any repair unless directed by the Contracting Office. The Vendor will invoice referencing this CLIN not to exceed $30,000 per year. Period of Performance 01 January 2018 - 31 December 2018. Qty: 1 Lot CLIN 0003: FFP - 1st STAGE FILTERS - Remove and Replace 1st Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 9 months; first change is July 2018. Period of Performance 01 January 2018 - 31 December 2018. Qty: 1 Lot CLIN 0004: FFP - 2nd STAGE FILTERS - Remove and Replace 2nd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 18 months; first change is August 2018. Period of Performance 01 January 2018 - 31 December 2018. Qty: 1 Lot CLIN 0005: FFP - 3rd STAGE FILTERS - Remove and Replace 3rd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 24 months. First change is May 2019 therefore the Gov't does not anticipate use of this CLIN in the base year. This CLIN is for the event that paint booth use increases and filters must be changed prior to scheduled date. Period of Performance 01 January 2018 - 31 December 2018. Qty: 1 Lot CLIN 1001: FFP- PREVENTATIVE MAINTENANCE PROGRAM - Preventative Maintenance Program for Corrosion Control Paint Booth in accordance with (IAW) Performance Work Statement dated 30 November 2017. Period of Performance 01 January 2019 - 31 December 2019. Qty: 12 months CLIN 1002: FFP- ABOVE AND BEYOND MAINTENANCE AND REPAIRS. THIS IS A NOT TO EXCEED CLIN - Additional/Miscellaneous IAW PWS dated 30 November 2017. The service provider shall complete all required non-scheduled maintenance to maintain operational readiness. All maintenance not associated with the preventative program (i.e. component replacement due to failure) will be covered under this CLIN. Once a problem is identified the Vendor will notify the Government and provide a proposal for repair to include 2 quotes from 2 separate parts distributors. The Vendor will not perform any repair unless directed by the Contracting Office. The Vendor will invoice referencing this CLIN not to exceed $30,000 per year. Period of Performance 01 January 2019 - 31 December 2019. Qty: 1 Lot CLIN 1003: FFP - 1st STAGE FILTERS - Remove and Replace 1st Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 9 months; first change is April 2019. Period of Performance 01 January 2019 - 31 December 2019. Qty: 1 Lot CLIN 1004: FFP - 2nd STAGE FILTERS - Remove and Replace 2nd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 18 months. First change is February 2020 therefore the Gov't does not anticipate use of this CLIN in Option Year 1. This CLIN is for the event that paint booth use increases and filters must be changed prior to scheduled date. Period of Performance 01 January 2019 - 31 December 2019. Qty: 1 Lot CLIN 1005: FFP - 3rd STAGE FILTERS - Remove and Replace 3rd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 24 months; first change is May 2019. Period of Performance 01 January 2019 - 31 December 2019. Qty: 1 Lot CLIN 2001: FFP- PREVENTATIVE MAINTENANCE PROGRAM - Preventative Maintenance Program for Corrosion Control Paint Booth in accordance with (IAW) Performance Work Statement dated 30 November 2017. Period of Performance 01 January 2020 - 31 December 2020. Qty: 12 months CLIN 2002: FFP- ABOVE AND BEYOND MAINTENANCE AND REPAIRS. THIS IS A NOT TO EXCEED CLIN - Additional/Miscellaneous IAW PWS dated 30 November 2017. The service provider shall complete all required non-scheduled maintenance to maintain operational readiness. All maintenance not associated with the preventative program (i.e. component replacement due to failure) will be covered under this CLIN. Once a problem is identified the Vendor will notify the Government and provide a proposal for repair to include 2 quotes from 2 separate parts distributors. The Vendor will not perform any repair unless directed by the Contracting Office. The Vendor will invoice referencing this CLIN not to exceed $30,000 per year. Period of Performance 01 January 2020 - 31 December 2020. Qty: 1 Lot CLIN 2003: FFP - 1st STAGE FILTERS - Remove and Replace 1st Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 9 months; first change is January 2020. Second change is October 2020. Period of Performance 01 January 2020 - 31 December 2020. Qty: 1 Lot CLIN 2004: FFP - 2nd STAGE FILTERS - Remove and Replace 2nd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 18 months. First change is February 2020. Period of Performance 01 January 2020 - 31 December 2020. Qty: 1 Lot CLIN 2005: FFP - 3rd STAGE FILTERS - Remove and Replace 3rd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 24 months. First change is May 2021 therefore the Gov't does not anticipate use of this CLIN in Option Year 2. This CLIN is for the event that paint booth use increases and filters must be changed prior to scheduled date. Period of Performance 01 January 2020 - 31 December 2020. Qty: 1 Lot CLIN 3001: FFP- PREVENTATIVE MAINTENANCE PROGRAM - Preventative Maintenance Program for Corrosion Control Paint Booth in accordance with (IAW) Performance Work Statement dated 30 November 2017. Period of Performance 01 January 2021 - 31 December 2021. Qty: 12 months CLIN 3002: FFP- ABOVE AND BEYOND MAINTENANCE AND REPAIRS. THIS IS A NOT TO EXCEED CLIN - Additional/Miscellaneous IAW PWS dated 30 November 2017. The service provider shall complete all required non-scheduled maintenance to maintain operational readiness. All maintenance not associated with the preventative program (i.e. component replacement due to failure) will be covered under this CLIN. Once a problem is identified the Vendor will notify the Government and provide a proposal for repair to include 2 quotes from 2 separate parts distributors. The Vendor will not perform any repair unless directed by the Contracting Office. The Vendor will invoice referencing this CLIN not to exceed $30,000 per year. Period of Performance 01 January 2021 - 31 December 2021. Qty: 1 Lot CLIN 3003: FFP - 1st STAGE FILTERS - Remove and Replace 1st Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 9 months; first change is July 2021. Period of Performance 01 January 2021 - 31 December 2021. Qty: 1 Lot CLIN 3004: FFP - 2nd STAGE FILTERS - Remove and Replace 2nd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 18 months; first change is August 2021. Period of Performance 01 January 2021 - 31 December 2021. Qty: 1 Lot CLIN 3005: FFP - 3rd STAGE FILTERS - Remove and Replace 3rd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 24 months; first change is May 2021. Period of Performance 01 January 2021 - 31 December 2021. Qty: 1 Lot CLIN 4001: FFP- PREVENTATIVE MAINTENANCE PROGRAM - Preventative Maintenance Program for Corrosion Control Paint Booth in accordance with (IAW) Performance Work Statement dated 30 November 2017. Period of Performance 01 January 2022 - 31 December 2022. Qty: 12 months CLIN 4002: FFP- ABOVE AND BEYOND MAINTENANCE AND REPAIRS. THIS IS A NOT TO EXCEED CLIN - Additional/Miscellaneous IAW PWS dated 30 November 2017. The service provider shall complete all required non-scheduled maintenance to maintain operational readiness. All maintenance not associated with the preventative program (i.e. component replacement due to failure) will be covered under this CLIN. Once a problem is identified the Vendor will notify the Government and provide a proposal for repair to include 2 quotes from 2 separate parts distributors. The Vendor will not perform any repair unless directed by the Contracting Office. The Vendor will invoice referencing this CLIN not to exceed $30,000 per year. Period of Performance 01 January 2022 - 31 December 2022. Qty: 1 Lot CLIN 4003: FFP - 1st STAGE FILTERS - Remove and Replace 1st Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 9 months; first change is April 2022. Period of Performance 01 January 2022 - 31 December 2022. Qty: 1 Lot CLIN 4004: FFP - 2nd STAGE FILTERS - Remove and Replace 2nd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 18 months. First change is outside of the contract period of performance therefore the Gov't does not anticipate use of this CLIN in Option Year 4. This CLIN is for the event that paint booth use increases and filters must be changed prior to scheduled date. Period of Performance 01 January 2022 - 31 December 2022. Qty: 1 Lot CLIN 4005: FFP - 3rd STAGE FILTERS - Remove and Replace 3rd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 24 months. First change is outside of the contract period of performance therefore the Gov't does not anticipate use of this CLIN in Option Year 4. This CLIN is for the event that paint booth use increases and filters must be changed prior to scheduled date. Period of Performance 01 January 2022 - 31 December 2022. Qty: 1 Lot The CLINS that the Gov't does not anticipate use will only be funded in the event that it will be used; funds will be on contract prior to filter replacement. In the event that filter change schedules are extended due to decreases in paint booth use and the CLIN is not used the Contractor will not be able to invoice against this CLIN and remaining funds will be de-obligated. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96 effective 06 November 2017, DFAR DPN 20161222 effective 22 December 2016, and AFFAR AFAC 2017-1003 effective 03 October 2017. The North American Industry Classification System code (NAICS) is 811310, Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance, with a size standard of $7.5M. A firm fixed price contract will be awarded. The government will not accept refurbished/used equipment. There will be no advance payments. Offer Submission: Offerors are to complete the required representations listed in the provisions below, as well as the provision DFARS 252.209-7999 in Attachment 5 of the RFQ and return with their offer. Offeror shall submit their offers utilizing the pricing worksheet labeled Attachment 4. Offerors shall provide any necessary literature in order to determine technical acceptability in accordance with the Performance Work Statement and is limited to 5 pages. For the purposes of this RFQ a page is defined as one side. Offers shall provide information regarding recent and relevant past performance and are limited to 5 pages. Offer Evaluation: Evaluation of proposals will occur using the Lowest Price Technically Acceptable (LPTA) approach with Past Performance. See FAR 52.212-2 Evaluation -- Commercial Items for evaluation process. Specific Instructions: a. All offerors are required to complete and submit Attachment #5 of this solicitation IAW 252.209- 7999, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law. BASIS FOR AWARD: 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. The following factors shall be used to evaluate offers: Lowest Priced Technically Acceptable (LPTA) approach. DELIVERY ADDRESS: Eglin AFB, FL 32542 PROVISIONS/CLAUSES: Provisions and clauses may be obtained via the internet through the following websites: http://farsite.hill.af.mil, http://www.arnet.gov/far/, or http://safaq.hq.af.mil/contracting. The following Federal Acquisition Regulation (FAR) provisions and clauses apply to this solicitation and are incorporated by reference: - FAR 52.203-3, Gratuities - FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions - FAR 52.203-16, Preventing Personal Conflicts of Interest - FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights - FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper - FAR 52.204-7, System for Award Management - FAR 52.204-9, Personal Identity Verification of Contractor Personnel - FAR 52.212-1, Instructions to Offerors-Commercial Items - FAR 52.212-4, Contract Terms and Conditions--Commercial Items - FAR 52.228-5, Insurance Work on a Government Installation - FAR 52.232-39, Unenforceability of Unauthorized Obligations - FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors - FAR 52.233-3, Protest After Award - FAR 52.237-2, Protection of Government Building, Equipment and Vegetation - FAR 52.246-4, Inspection of Services - - Fixed Price - FAR 52.247-34, F.O.B. Destination The following Defense Federal Acquisition Regulation (DFAR) provisions and clauses apply to this solicitation and are incorporated by reference: - DFARS 252.201-7000, Contracting Officer's Representative - DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials - DFARS 252.203-7001, Prohibition on Persons Convicted of Fraud or Other Defense Contract-Related Felonies - DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights - DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials - DFARS 252.204-7003, Control of Government Personnel Work Product - DFARS 252.204-7004 Alt A, System for Award Management Alternate A - DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls - DFARS 252.204-7011, Alternative Line Item Structure - DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting - DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors - DFARS 252.213-7000, Notification to Prospective Suppliers on the Use of Past Performance Information Retrieval System - Statistical Reporting in Past Performance Evaluations - DFARS 252.215-7008, Only One Offer - DFARS 252.223-7008, Prohibition of Hexavalent Chromium - DFARS 252.225-7048, Export Controlled Items - DFARS 252.232-7003, Electronic Submission of Payment Requests - DFARS 252.232-7010, Levies on Contract Payments - DFARS 252.243-7001, Pricing of Contract Modifications - DFARS 252.243-7002, Request for Equitable Adjustment - DFARS 252.244-7000, Subcontract for Commercial Items - DFARS 252.247-7023, Transportation of Supplies by Sea The following Air Force Federal Acquisition Regulation Supplement (AFFARS) provisions and clauses apply to this solicitation and are incorporated by reference: - AFFARS 5352.223-9001, Health and Safety on Government Installations - AFFARS 5352.242-9000, Contractor Access to Air Force Installations The following Federal Acquisition Regulation (FAR) provisions and clauses apply to this solicitation and are incorporated by full text: 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: Technical: Acceptable/Unacceptable Past Performance: Acceptable/Unacceptable Price Price: Price will be reviewed and evaluated based on the CLINs shown above under "Description of Requirement". The Offeror's Price quote will be evaluated on a Total Evaluated Price (TEP) basis to include all option years. The Offeror must submit 5 coefficients for each year in order to be considered acceptable. Technical Evaluation: In accordance with, FAR 52.212-1(b)(4), offerors are reminded that as a minimum, offers must show a technical description of the items being offered insufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary. Table A-1. Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Quote clearly meets the minimum requirements of the solicitation. Unacceptable Quote does not clearly meet the minimum requirements of the solicitation. Past Performance Evaluation: The past performance evaluation is an assessment of the offeror's probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror's record of relevant and recent past performance information that pertain to the services outlined in the Performance Work Statement. Recency is defined as projects performed within the last three (3) years of the issue month of the solicitation. All references for work not performed within three (3) years of the issue month of the solicitation will not be evaluated. Relevancy is defined as contracts involving type of services and work elements described in the attached Performance Work Statement dated 30 November 2017. Table A-2. Past Performance Acceptable/Unacceptable 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. Unacceptable Based on the offeror's performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort. No Recent/Relevant Past Performance: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or "neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "acceptable." Sources of Past Performance: Offerors shall provide their past performance submission and are limited to 5 pages. Past performance information may be obtained from established systems such as the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases; and may be obtained from other sources available to the Government. Technical and past performance, when combined, are approximately equal to price. Initially, all offers will be ranked according to Price from lowest to highest. The lowest priced offeror will be evaluated for technical acceptability. If this offeror is acceptable then their past performance will be evaluated for acceptability. If the lowest priced offeror is technically acceptable and has acceptable past performance then evaluation will stop and award will be made to the lowest priced offeror. If the lowest priced offeror is not found to be technically acceptable or have acceptable past performance then the evaluation will continue with the next highest offer and continue until an acceptable offeror is found. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) 52.212-3 Offeror Representations and Certifications -- Commercial Items (Jan 2017) Alternate I 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)...