USAF Academy Footlockers

The purpose of this amendment 0002 is to correct the evaluation criteria at FA52.212-2 to remove the requirement for past performance being significantly more important than price, the government is just evaluating technical and lowest price as shown below and corrected within the solicitation. 1. The evaluation is: This is a competitive acquisition in accordance with FAR Parts 12 and 13. The evaluation process will proceed as follows: a. Price Evaluation: Initially, quotes will be ranked according to price. An offeror's proposed prices will be determined by multiplying his quantity by the contractor's proposed unit price to confirm the extended amount for each contract line item (CLIN). The price evaluation will document the reasonableness and affordability of the proposed total evaluated price. b. Technical Evaluation. The lowest price quote will be evaluated Technically Acceptable (meeting salient characteristics within the solicitation on a pass/fail basis) IAW PD 0001, dated 21 October 2011 within the solicitation. If the lowest priced offeror's passes technically the evaluation is complete. The award will be made to that offeror without further consideration of any other quotes. Evaluation will continue in this manner until an offeror's technical information is rated Technically Acceptable (Pass) meeting salient characteristics until all quotes are evaluated. The salient characteristics are shown below. c. The Offeror of the item must submit data that adequately demonstrates that its product meets or exceeds the salient characteristics of the solicitation in accordance PD 0001, dated 21 October 2011. A general statement of compliance or restatement of the salient characteristics is insufficient. An Offeror must clearly identify in writing they are providing a product by annotating it on their quote. Offerors who are providing an "or equal" shall include in their quote descriptive literature such as illustrations, drawings, or a clear reference, such as a web site to information readily available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. If an offeror cannot comply with every requirement that offer will not be considered 2. The closing date is extended from 3 February 2017, 1:00 p.m. to 6 February 2017, 1:00 p.m. MST 3. Vendor must acknowledge the amendment. The purpose of this amendment 0001, the quantity listed in the biz schedule below is corrected from 1,100 to 1,125 each. The closing date remains the same. Must acknowledge amendment. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as a Request for Quotation, (RFQ), solicitation number FA7000-17-T-0029, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-95, 19 January 2017. The North American Industry Classification System Code (NAICS) is 316998 and the business size standard is 500. This is a 100% small business set-aside acquisition. All responsible sources may submit a quote, which if received timely, will be considered by the 10thContracting Division, 10 CONS/LGCB, USAF Academy (USAFA). The government bares no legal liability for bid costs associated with this request for quote. Vendors should not submit a quote unless they are willing to absorb all costs associated with submitting a quote. Quotes submitted with used, reconditioned, refurbished, gray market, or liquidated stock will not be considered for award. This Solicitation is being issued in accordance with (IAW) FAR Parts 12 and 13 as a Request for Quote. IAW FAR 13.004, in all instances throughout this solicitation any use of the word - proposal should be understood as - quote. All instances of the word - offeror should be understood as - quoter. All instances of the word - award should be understood as - order. Quotes supplied in response to this solicitation are not binding. The requirement will be awarded to the Quoter IAW 52.212-2, found herein. Please read and comply with all requirements for submitting a quote. Failure to comply with all instructions contained within this Synopsis/Solicitation could result in the quote being ineligible for award. It is the offeror's responsibility to ensure their quote meets all the requirements identified herein. Buy American Act and certification of compliance is required and must be submitted with quote (see DFARS clause 252.225-7001). The USAF Academy has a footlocker requirement to procure IAW USAFA Purchase Description 0001 dated 21 October 2011. Please provide pricing for the following line item: Line Item 0001 Quantity Unit Price Extended Price Footlockers PD 0001 dated 21 Oct 11 Attachment 1 1,125 each $_________ $__________ TOTAL PRICE $_______________ The following Federal Acquisition Regulation (FAR) clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items, addenda applies: The contractor shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number of the offeror, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, tax identification number, size of business, warranty information and acknowledgement of solicitation amendments if required. The Contracting Officer is not responsible for locating or obtaining any information not identified in their quote. Quotes must be received no later than 1:00 pm Mountain Standard Time (MST), 6 February 2017, at the 10 CONS/LGCB, 8110 Industrial Drive, SAF Academy, CO 80840-2315. Please submit quotes by e-mail to Leila Bussey at contact@example.gov. In her absence, please contact Diana Myles-South, Contracting Officer, +1 (555) 000-0000 or email to contact@example.gov. Addenda to FAR 52.212-1, Proposal Preparation Instructions: a. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The quote shall consist of three (3) separate parts; Part I - Price, Part II - Technical Information - Descriptive/Specification Literature, and Part III - Contract Documentation (Representation and Certification). b. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial quotes, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional cost information will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; vendors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price. c. Specific Instructions: 1. PART I - PRICE QUOTATION -Submit the price quote in accordance with the contract line item (CLIN) structure as listed in this solicitation. 2. PART II - TECHNICAL/DESCRIPTIVE LITERATURE Quoters must submit technical information (Descriptive literature/specifications) that adequately demonstrates their quote meets the salient characteristics requirement in contract line item (CLIN) 0001 of this solicitation. A general statement of compliance or restatement of the salient characteristics is insufficient. Ensure the descriptive literature addresses each salient characteristic listed. The Contracting Officer is not responsible for locating or obtaining any information not identified in the quote and literature. If a vendor cannot comply with every requirement the quote will not be considered. 3. PART III - CONTRACT DOCUMENTATION (Representation and Certification). (a) Either complete Representation and Certification in the System of Award Management (SAM) at https://www.sam.gov or the necessary fill-ins and certification in the provision at FAR 52.212-3 (Dec 2016), Alt I (Oct 2014) . This provision was updated in December 2016; if the offeror completed the provision on SAM prior to this date, it is advised that the offeror complete a hard copy of the provision and include it with the quote. (b) The provision at DFARS 252.225-7000, Buy American Act-Balance of Payments program Certificate, must be completed and returned with the quote. This provision is included within this solicitation. (c) Price quotes must be Firm-Fixed Price to include shipping and handling charges based on F.O.B. Destination. Quotes received with FOB: Other than Destination will not be accepted. (d) Provide a written statement that the offeror's proposal incorporates all amendments to the solicitation (if applicable). (e) The System for Award Management (SAM), contractors must be registered with SAM to conduct business with the Department of Defense. No purchase order can be awarded to any company without this registration (www.sam.gov). (f) Delivery is required no later than 26 July 2017. (g) Ship to Address: 10 MSG/LGRMC - FX7000 Mitchell Hall Annex, Bldg 2351 USAF ACADEMY CO 80840 * Footlockers will be palletized with six to eight lockers on the pallet. Shipment should be staggered between 17 - 26 July 2017. Do not ship all the footlockers at one time. The provision at FAR 52.212-2, Evaluation--Commercial Items apply to this acquisition 52.212-2 Evaluation - Commercial Items (Oct 2014) a. The government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: I. Price II. Technical (End of Provision) ADDENDUM TO 52.212-2 -- Evaluation -- Commercial Items (Oct 2014). BASIS FOR CONTRACT AWARD: In accordance with FAR Parts 12 and 13. The evaluation process will proceed as follows: a. Price Evaluation: Initially, quotes will be ranked according to price. An offeror's proposed prices will be determined by multiplying his quantity by the contractor's proposed unit price to confirm the extended amount for each contract line item (CLIN). The price evaluation will document the reasonableness and affordability of the proposed total evaluated price. b. Technical Evaluation. The lowest price quote will be evaluated Technically Acceptable (meeting salient characteristics within the solicitation on a pass/fail basis) IAW PD 0001, dated 21 October 2011 within the solicitation. If the lowest priced offeror's passes technically the evaluation is complete. The award will be made to that offeror without further consideration of any other quotes. Evaluation will continue in this manner until an offeror's technical information is rated Technically Acceptable (Pass) meeting salient characteristics until all quotes are evaluated. The salient characteristics are shown below. c. The Offeror of the item must submit data that adequately demonstrates that its product meets or exceeds the salient characteristics of the solicitation in accordance PD 0001, dated 21 October 2011. A general statement of compliance or restatement of the salient characteristics is insufficient. An Offeror must clearly identify in writing they are providing a product by annotating it on their quote. Offerors who are providing an - or equal shall include in their quote descriptive literature such as illustrations, drawings, or a clear reference, such as a web site to information readily available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. If an offeror cannot comply with every requirement that offer will not be considered FAR 52.212-4, Contract Terms and Conditions'Commercial Items (May 2015) applies to this acquisition and the following addenda, applies: ADDENDUM TO FAR 52.212-4(c) CHANGES Text in paragraph (c) is deleted and replaced with the following: Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)). (End of Addendum) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS'COMMERCIAL ITEMS (DEVIATION 2013-O0019) (DEC 2016) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) _X___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) Additional FAR clauses cited in the clause applicable to this acquisition are: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 52.209-6 Protecting the Governments Interests When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.219-28 Post-Award Small Business Program Representation (Jul 2013) 52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor -- Cooperation with Authorities and Remedies (Oct 2016) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-36 Equal Opportunity for Workers w/Disabilities (July 2014) 52.222-50 Combat Trafficking in Persons (Mar 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Jul 2013) 52.232-40 Providing Accelerated Payments to Small Business Contractors (Dec 2013) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) The provision at FAR 52.252-2, Clauses Incorporated by Reference applies to this acquisition: 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil. (End of Clause) Additional DFARS clauses cited in the clause applicable to this acquisition are: 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7995 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Dev) (Nov 2016) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016) 252.204-7015 Notice of Authorized Disclosure of Information to Ligitation Support (May 2016) 252.211-7003 Item Unique Identification and Valuation (Mar 2016) 252.225-7001 Buy American and Balance of Payments Program - Basic (Dec 2016) 252.225-7002 Qualifying Country Sources as Subcontractors (Dec 2016) 252.225-7013 Duty Free Entry (May 2016) 252.232-7003 Electronic Submission of Payment Requests and Receiving (Jun 2012) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.244-7000 Subcontracts for Commercial Items (Jun 2013) DFARS Clauses in full text 252.232-7006 Wide Area WorkFlow Payment Instructions (MAY 2013) (a) Definitions. As used in this clause - Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. - Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). - Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the - Web Based Training link on the WAWF home page at https://wawf.eb.mil/ (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). Combo. (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. Destination (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F67100 Issue By DoDAAC FA7000 Admin DoDAAC FA7000 Inspect By DoDAAC FX7000 Ship To Code FX7000 (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the - Send Additional Email Notifications field of WAWF once a document is submitted in the system. contact@example.gov (Contracting Officer) contact@example.gov (Contract Specialist) (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. contact@example.gov (Contracting Officer) contact@example.gov (Contract Specialist) (2) For technical WAWF help, contact the WAWF helpdesk at +1 (555) 000-0000. AFFARS CLAUSE IN FULL TEXT: 5352.201-9101 OMBUDSMAN (Jun 2016) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, James Anderson 8110 Industrial Drive, STE 103 USAFA, CO 80840 Telephone number +1 (555) 000-0000 FAX +1 (555) 000-0000 Email: contact@example.gov Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number +1 (555) 000-0000, facsimile number +1 (555) 000-0000. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) PROVISIONS: 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (Dec 2016) ALTERNATE I (Oct 14) 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 (t) 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; (iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (v) The Family and Medical Leave Act; and (vi) 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, 1965 (Equal Employment Opportunity); (5) National Labor Relations Board (NLRB) for the National Labor Relations Act; and (6) 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). - F...