Inactive Total Small Business Set-Aside (FAR 19.5)

Notice type: Combo Synopsis Posting date: May 20, 2019 Response date: June 6, 2019 Classification code: W-Lease or Rental of Equipment NAICS code: 562119 FSC: W099 Solicitation #: 11343711 SET Aside- ... Notice type: Combo Synopsis Posting date: May 20, 2019 Response date: June 6, 2019 Classification code: W-Lease or Rental of Equipment NAICS code: 562119 FSC: W099 Solicitation #: 11343711 SET Aside- Total Small Business Contracting Office Address: United States Property and Fiscal Office, ATTN: USPFO-P, 1776 Militia Way/PO Box 14350, Salem, Oregon 97309-5047 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation is No. 11343711 and is issued as a Request for Quote (RFQ). Request for Quotes are due by 6 June 2019 2:00 p.m. (PST). The RFQ will result in a firm fixed price contract. This solicitation is 100% set-aside for small businesses. American Industry Classification System (NAICS) code for this acquisition is 561210. The United States Property and Fiscal Office of the Oregon Army National Guard is soliciting quotes to procure the following services: I. Overall Concept and Address SPECIFICATIONS: The contractor shall provide all equipment, material, labor, supervision, supplies and items necessary in support of the Oregon Army National Guard's Air Assault course to be conducted at Warrenton, OR, Camp Rilea Training base for the following . Location: Camp Rilea 33168 Patriot Way, Warrenton, OR, 97146 Event Dates: 14 June -3 July 2019 CHEMICAL TOILETS and Hand Wash Stations w/ Service as indicated below CLIN 0001 Chemical Toilets -ONE (1) Job Provide 40 toilets per PWS CLIN 0001 TOTAL $ CLIN 0002-Hand Wash Station-ONE (1) Job Provide 8 hand wash stations per PWS CLIN 0002 $ CLIN 0003- Army Contractor Manpower Reporting Requirement (yearly requirement). Include price for this reporting requirement (see requirement below) or indicate "No Charge". CLIN 0003 TOTAL $ PROPOSAL TOTAL $ Requirements for your quote: Please submit a quote on your company letterhead showing a price per contract line item (CLIN) with at total price at the bottom. Include the following information on your quote: Cage code, Tax ID number, company name, phone number, contact, and email. The award will only be made to an offeror that is all-inclusive of the requirements on this solicitation. Clause 52.219-14 -- Limitations on Subcontracting By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for -- (1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. (2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials. Evaluation Criteria: Award will be made to the lowest priced offeror that meets the minimum performance standards and is determined responsible in accordance with FAR Part 9. This announcement is the solicitation which will result in a firm fixed-price contract. Point of Contact: Offerors can submit their quote any time before the due date to: Deannie L. Darrow Contract Specialist, USPFO for Oregon P&C deannie.l.darrow.civ@mail.mil 503-584-3435 1.0 Performance Standards Toilets and Hand Wash Stations are to be in place and operational for these specific dates 14 June - 3 July 2019 and is the contractors responsibility for delivery, placement and removal of all Portable Toilets and Hand Wash Stations. Services will be twice a week on Wednesday's and Saturdays on toilets from 14 June - 3 July 2019. Respond to requests for emplacement within 24 hours. Locations on Camp Rilea: Exact location of Portable toilets will be directed once arrival on the 14th of June. Basic location will be 10 units east of the Rappel Tower, 10 units behind zero II Range on the hill, 10 units outside the fence of COUTES facility, and 10 units next to Parking lot across from Building 7023. Each site will have 2 Hand Wash Stations. Acceptable quality level: • Chemical toilet units shall be of standard commercial manufacture intended for use as portable chemical toilets • Portable chemical toilets shall consist of a completely enclosed, well-vented enclosure, the roofs, sides, and floors shall be free of leaks, cracks and holes; Toilets units will include waterless hand sanitizer; Doors shall be self-closing, tight fitting, and will have an inside lock • All portable toilets shall be new or like new condition, clean, single type occupancy, to include urinal, and easily serviced • The contractor shall clean inside and outside of all units twice a week on Wednesday's and Saturdays where they are free of all human waste, soiled toilet articles and dirt; After emptying the units the contractor shall refill each unit with standard commercial sanitizing chemicals and enough toilet paper to last until the next scheduled service • Each Cleaning Station shall be serviced, cleaned, and stocked with water, soap, and adequate paper products. • The contractor shall maintain material safety data sheets (MSDS) in the contractor's vehicle for all applicable material used in the performance of this service • The contractor shall use appropriate tie-down systems as necessary to ensure all units are secured in designated locations to prevent high winds from toppling them over; The contractor shall furnish replacement units for all units removed for maintenance, repair or units that have toppled over • The contractor shall dispose of all waste at an off-post location; The contractor may not dump wastes anywhere within Camp Rilea; Disposal shall be in accordance with existing local, state, and federal regulations; The contractor shall be responsible for any permits or fees associated with the use of off-post disposal locations • The contractor shall provide all labor, equipment, tools, materials, supervision and services necessary in connection with delivery, service and pick up of chemical latrines. • The contractor shall establish a call system for service calls/requests to include availability of phone, mail, and electronic mail; Emergency phone numbers shall be provided to the COR. • All delivery drivers must have copy of driver's license provide to base security to allow post access. 2.0 Security Requirements All service providers shall be able to provide a valid driver's license, valid vehicle registration, and valid vehicle insurance to base security in order to gain access before gaining access to the site. All personnel will be subjected to a Law Enforcement Data System (LEDS) Background check. All individuals with unfavorable background checks will be banned from the installation. All contracted employees and subcontracted employees will be required to pass the required training below in order to come and go off site or maintain onsite for the duration of the requirement. 3.0 Antiterrorism/Operations Security Requirements 3.1 AT Level I Training: All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR and to the contracting officer, within 10 days of award. AT Level I awareness training is available at the following website: http://jko.jten.mil. 3.2 iWATCH Training. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. There will be an AT/OPSEC handout for the contractor to review and a student log for the contractor to sign to complete this requirement. This training shall be completed and the results reported to the COR and the contracting officer within 10 days of award. 4.0 Contracting Manpower Recording Act (CMRA): 4.1 The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the National Guard Bureau via a secure data collection site. 4.2 The Contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at http://www.ecmra.mil 5.0 Unit Identification Code (UIC) for the Requiring Activity: W90KNA 6.0 Issuing Office DoDAAC: W912JV III. Terms and Conditions: Offerors must be actively registered on the Systems for Award Management database (SAM). Information concerning SAM requirements may be viewed via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling the SAM Registration Center at 866-606-8220. Only contractors who are registered in the Systems for Award Management (SAM) can be awarded a contract. Offerors must have electronic funds transfer (EFT) capability. Offerors' proposals shall be valid for a minimum of 30 days to be acknowledged in the offerors' proposal. Contractors must be actively registered with Wide Area Work Flow (WAWF) at http://wawf.eb.mil. Clauses may be accessed electronically in full text through http://farsite.hill.af.mil. FAR 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements FAR 52.204-13 System for Award Management Maintenance FAR 52.204-9 Personal Identity Verification of Contractor Personnel FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.219-6, Notice of Total Small Business Set-Aside FAR 52.219-28, Post Award Small Business Representation FAR 52.222-3 Convict Labor FAR 52.222-21, Prohibition Of Segregated Facilities. FAR 52.222-26, Equal Opportunity. FAR 52.222-41, Service Contract Labor Standards FAR 52.222-54, Employment Eligibility Verification. FAR 52.225-13 Restrictions on Certain Foreign Purchases FAR 52.232-33, Payment by Electronic Funds Transfer--System for Award Management. FAR 52.222-50, Combating Trafficking in Persons. FAR 52.222-55 Minimum Wages Under Executive Order 13658 FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 FAR 52.223-5, Pollution Prevention and Right to Know Information FAR 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving FAR 52.228-5 Insurance - Work on a Government Installation FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-3 Protest After Award FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.237-2 Protection of Government Buildings, Equipment and Vegetation DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7005, DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7011 Alternative Line Item Structure DFARS 252.204-7012, Safeguarding Unclassified Controlled Technical Information. DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors DFARS 252.232-7003, Electronic Submission of Payment Requests. DFARS 252.232-7010, Levies on Contract Payments DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.209-7993, Representation by Corporations Regarding an Unpaid Delinquent Tax DFARS 252.244-7000 Subcontracts for Commercial Items 52.212-1 Instructions to Offerors-Commercial Items. As prescribed in 12.301(b)(1), insert the following provision: Instructions to Offerors-Commercial Items (Oct 2018) 1. (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. 2. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show- a. (1) The solicitation number; b. (2) The time specified in the solicitation for receipt of offers; c. (3) The name, address, and telephone number of the offeror; d. (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; e. (5) Terms of any express warranty; f. (6) Price and any discount terms; g. (7) "Remit to" address, if different than mailing address; h. (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); i. (9) Acknowledgment of Solicitation Amendments; j. (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and k. (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. 3. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. 4. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. 5. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. 6. (f) Late submissions, modifications, revisions, and withdrawals of offers. a. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. b. (2) i. (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- 1. (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or 2. (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or 3. (C) If this solicitation is a request for proposals, it was the only proposal received. ii. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. c. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. d. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. e. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. 7. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. 8. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. 9. (i) Availability of requirements documents cited in the solicitation. a. (1) i. (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. ii. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. b. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: i. (i) ASSIST ( https://assist.dla.mil/online/start/). ii. (ii) Quick Search ( http://quicksearch.dla.mil/). iii. (iii) ASSISTdocs.com (http://assistdocs.com). c. (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- i. (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); ii. (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon- Fri, 0730 to 1600 EST; or iii. (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. d. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. 10. (j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier. 11. (k) [Reserved] 12. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: a. (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. b. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. c. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. d. (4) A summary of the rationale for award; e. (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. f. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. 52.212-2 Evaluation-Commercial Items. As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: Evaluation-Commercial Items (Oct 2014) 1. (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: [Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.] Technical and past performance, when combined, are [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.] 2. (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). 3. (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. 52.212-3 ALT I Offeror Representations and Certifications -- Commercial Items (Jan 2017) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision-- "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Civil judgment" means-- (1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction. (2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces. "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are-- (1) Department of Labor Wage and Hour Division (WHD) for-- (i) The Fair Labor Standards Act; (ii) The Migrant and Seasonal Agricultural Worker Protection Act; (iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (vi) The Family and Medical Leave Act; and (vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (2) Department of Labor Occupational Safety and Health Administration (OSHA) for-- (i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans; (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 ...