Forestry Tractors

*******************Amendment to Solicitation***************************** The purpose of this amendment is to adjust the minimum width of the tractor from 92" to 90" and to extend the deadline for receipt of offers to 29 August at 10:00am CT. *********************Amendment to solicitation*************************** The purpose of this amendment is to add two salient characteristics, highlighted in red in the attached PDF file, and extend the response date to Monday, August 20 10:00 AM CT. Please refer to PDF version of combined synospis/solicitation. The Air Force Test Center, Installation Operational Contracting Division, Eglin AFB, FL intends to solicit and award a firm-fixed price (FFP) contract for two (2) Farm Tractor with Forestry Protection Package and two (2) Farm Tractor with Forestry Protection Package and Rotary Mower Deck Package. This is a combined synopsis/solicitation for commercial items prepared under Federal Acquisition Regulation (FAR) Subpart 12.6 - Streamlined Procedures for Evaluation and Solicitation for Commercial Items, and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. All FAR references are based off of FAC 2005-99, Effective 15 Jun 2018. Notice to Offeror(s)/Supplier(s): Funds are not presently available for this requirement. 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 incurred. The Government reserves the right to make a partial award if a limited amount of funding becomes available. This could be any combination of CLINS/Quantities. Only those vendors found to be within the established competitive range will be contacted for revised proposals based on the adjusted quantities. Set-Aside notice. Who Can Participate? This combined synopsis/solicitation is issued under Request for Quotation number FA2823-18-Q-4017. The North American Industry Classification System (NAICS) code for this acquisition is 333111, with a small business size standard of 1250 employees. Please identify your business size in your response based on this standard. This solicitation is a TOTAL SMALL BUSINESS SET ASIDE acquisition, pursuant to FAR 19.5. PROVISIONS AND CLAUSES PROVISIONS INCORPORATED BY REFERENCE 52.204-7 System for Award Management 52.212-1 Instructions to Offerors- Commercial Items (Jan 2017) 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7004 Alternate A, System for Award Management 252.204-7011 Alternative Line Item Structure 252.213-7000 Notice to Prospective Suppliers on the Use of Past Performance Information Retrieval System-Statistical Reporting in Past Performance Evaluations 252.215-7008 Only One Offer PROVISIONS INCORPORATED BY FULL TEXT 52.252-1 - Solicitation Provisions Incorporated by Reference (Feb 1998): This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://farsite.hill.af.mil. (End of Provision) Addendum to 52.212-1 - Instructions to Offerors-Commercial Items (Jan 2017) THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY REFERENCE INTO ANY RESULTANT CONTRACT. Your attention is directed to the functional relationship between FAR 52.212-1, Instructions to Offerors - Commercial Items and the Basis for Award. FAR 52.212-1 provides information for the purpose of organizing and submitting an offer and is not intended to be all-inclusive. The Basis for Award describes evaluation factors and the basis of award, to include the evaluation procedures for responsiveness to the solicitation, ranking of price, and evaluation of non-price factors. OFFERS THAT DO NOT CONTAIN THE INFORMATION REQUESTED BY THIS PROVISION RISK ELIMINATION. I. OFFEROR PREPARATION INSTRUCTIONS System for Award Management (SAM): Paragraph (k) of 52.212-1 is revised as follows: By submission of an offer/quotation, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to the date and time established for receipt of Quotations, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov. Period of Acceptance of offers: Paragraph 52.212-1(c), Period for Acceptance of Quotations. The paragraph is tailored as follows: "The offeror agrees to hold the prices in its quotation firm for at least 30 calender days after quotation submission." Performance Schedule. The delivery date must occur within 90 days of award date. *Note: The requested performance start date is not later than 90 days after receipt of contract/order. If you are unable to deliver within the requested 90 days, please provide an alternate delivery lead time as an inquiry not later than the closing date for submission of questions/inquires stated below. Questions/Inquiries: The contracting officer listed below is the Government's sole point of contact for this acquisition. If necessary, all questions, request for clarifications and/or information concerning this solicitation shall be received in writing by email at the following email addresses no later than Wednesday, July 25, 2018 2:00 PM CT. The decision whether to respond to questions and requests for clarification made after Wednesday, July 25, 2018 2:00 PM CT will be at the sole discretion of the Contracting Officer. If no questions are submitted, the Government will assume that the offerors fully understand all requirements of this notice. Emails must be received by the Contracting Officer: Mr. Steven McConnaughy, steven.mcconnaughy.1@us.af.mil and Contract Specialist: Matthew Weller, matthew.weller.1@us.af.mil on the date and time specified above. Submission of offers: Electronic Submission of offers are required and shall be received via email. Offers shall be received in writing by the following: Contracting Officer: Mr. Steven McConnaughy, steven.mcconnaughy.1@us.af.mil and Contract Specialist: Matthew Weller, matthew.weller.1@us.af.mil not later than Monday, August 20, 2018 10:00 AM CT. Offerors shall submit a clear and complete quotation, and include only information that is relevant to this notice. Offer Requirements. The following information at a minimum shall be included with each offer: The name, address, telephone number and email address of the offering firm's point of contact Remittance Address, if different from the offeror's address Discount Terms (for payments prior to Net 30, if applicable); CAGE Code and DUNS number; Representations/Certifications. Utilizing the provision below (52.212-3 -- Offeror Representations and Certifications - Commercial Items) shall complete the necessary fill-ins, representations and certifications as set forth in the solicitation; and Teaming Agreement information (if applicable): Subcontractor Name, Cage Code, DUNS number. NOTE: If the offeror has their representations and certifications completed in the System for Awards Management, this step will not be required. However, an annotation expressing such completion shall be included on the quotation. Technical. In accordance with, FAR 52.212-1(b)(4), Offerors shall provide enough documentation to verify compliance with the required specifications in this notice. Lead Time (if different than stated above in Delivery Schedule) Price. Offerors shall submit a firm-fixed priced offer for the entire requirement, partial offers will not be accepted. Offerors shall provide both the unit price and extended amount (total price). Offers shall include FOB Destination. CLIN 0001 QTY UNIT Unit Price Extended Amount Farm Tractor with Forestry Protection Package, (John Deere 5100M or equal): 2 Each $ $ CLIN 0002 Farm Tractor with Forestry Protection Package and Installed Rotary Mower Deck Package, (John Deere 5100M with Rhino 5150 or equal): 2 Each $ $ Manufacturer: John Deere, Model: 5100M Farm Tractor with Installed Forestry Protection Package Manufacturer: Rhino, Model: 5150 Flex Wing Cutter Brand Name or Equal in accordance with the below provided salient characteristics. Total Price $ Exceptions to Terms and Conditions: Offerors shall identify and explain any exception, deviation, or assumption to the solicitation terms and conditions and provide accompanying rationale. Offerors are cautioned that it is not the Government's intent to incorporate the offeror's proposal in the resulting award. - 10. Amendment Acknowledgement. The Government reserves the right to revise or amend the solicitation and attachments prior to the offer closing time. Such amendments will be issued electronically by email. In such cases, the amendment will include an announcement of the new closing date and time. The offeror MUST acknowledge all amendments issued. Sign, acknowledge, and submit the original amendment for all amendments issued with the offer. - 11. Discrepancies. If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer in writing with supporting rationale as well as the remedies the offeror is asking the Contracting Officer to consider as related to the omission or error. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion. - 12. Email Format: The subject line of all emails that comprise the quotation shall be formatted as follows: Subject: FA2823-18-Q-4017/Company Name/Email X of X (insert number of the email and total number of emails). (1) File Size. Individual emails shall not exceed 4MB in size. Offerors shall submit multiple emails as necessary to stay under the 4MB limit. Failure to stay under this limit may cause a rejection of the email. (End of Provision) 52.211-6 -- Brand Name or Equal As prescribed in 11.107(a), insert the following provision: Brand Name or Equal (Aug 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. John Deere 5100M Farm Tractor with Installed Forestry Protection Package (or equivalent) and Rhino 5150 Mower Deck ( or equivalent) with the minimum salient characteristics: - 1. A minimum of 100 engine horse power, an increase of up to 10 HP is acceptable. - 2. Engine exhaust pipe shall be located behind the cab A-post pillar for an unobstructed view through the front window. - 3. A minimum of 85 HP or greater at the tractor output for the independent Electro-hydraulic 540/540E/1000 PTO. - 4. Enclosed cab with A/C and heat with additional heating and cooling vents, rear windshield wiper, rear floor mat, and factory installed radio. - 5. Shall include forestry protection package installed to protect the operator from debris while cutting, to include: perimeter guard, limb riser, rear/side screens, hood grill, and full length bottom/belly guard. - 6. Dealer installed grill guarding on the exterior of the cab to protect side, rear windows, doors and front mounted hydraulic pump. - 7. The tractor shall be four wheel drive with aggressive rough terrain tires for cutting on steep slopes or terrain. To include front bracket for added ballast for heavy rear implements. - 8. Steering cylinder behind front axle and weight and wet clutch and width of tractor should be a min. of 92 inches. - 9. Rotary mower deck must be - inch thick on the decking or thicker. - 10. Gear boxes on the rotary mower must be rated for 225-250 continuous horsepower or better. - 11. Rotary deck must be capable of cutting 5 inch diameter brush or better. (End of Provision) BASIS FOR AWARD Pursuant to FAR 13.106-1(a)(2) price alone will be the Government's basis for award. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale as detailed above in instructions to offerors, FAR 52.212-1 ADDENDUM. EVALUATION: 1. Price. Price will be evaluated for Completeness and Reasonableness. (a) Completeness. This element is met when the respondent's prices are determined complete in accordance with the solicitation instructions. (b) Reasonableness. Price will be evaluated for reasonableness in accordance with FAR 13.106-3. As there is a high probability of competition, reasonableness shall be established through competition in accordance with FAR 13.106-3(a)(1). In the event that only one offeror is received reasonableness will be established in accordance with FAR 13.106-3(a)(2). (c) Total Evaluated Price (TEP). This is calculated by multiplying the Government provided estimated quantities by the Offeror's submitted unit prices. (End of Provision) 52.212-3 - Offeror Representations and Certifications - Commercial Items The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision-- "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Civil judgment" means-- (1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction. (2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, 'Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces. "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are-- (1) Department of Labor Wage and Hour Division (WHD) for-- (i) The Fair Labor Standards Act; (ii) The Migrant and Seasonal Agricultural Worker Protection Act; (iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (vi) The Family and Medical Leave Act; and (vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (2) Department of Labor Occupational Safety and Health Administration (OSHA) for-- (i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans; (3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-- (i) Section 503 of the Rehabilitation Act of 1973; (ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and (iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity); (4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and (5) Equal Employment Opportunity Commission (EEOC) for-- (i) Title VII of the Civil Rights Act of 1964; (ii) The Americans with Disabilities Act of 1990; (iii) The Age Discrimination in Employment Act of 1967; and (iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act). "Forced or indentured child labor" means all work or service- (6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters. "Labor laws" means the following labor laws and E.O.s: (1) The Fair Labor Standards Act. (2) The Occupational Safety and Health Act (OSHA) of 1970. (3) The Migrant and Seasonal Agricultural Worker Protection Act. (4) The National Labor Relations Act. (5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. (6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. (7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity). (8) Section 503 of the Rehabilitation Act of 1973. (9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. (10) The Family and Medical Leave Act. (11) Title VII of the Civil Rights Act of 1964. (12) The Americans with Disabilities Act of 1990. (13) The Age Discrimination in Employment Act of 1967. (14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors). (15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html). "Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws". "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," 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. Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions 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. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outly...