Inactive Total Small Business Set-Aside (FAR 19.5)

This modification removes CLIN 0004, the Emergency Egress Bottles . See updated Combo/Synopsis below. Acknowledgement of this amendment is required. Notice type: Amendment #1 Posting date: September 1... This modification removes CLIN 0004, the Emergency Egress Bottles . See updated Combo/Synopsis below. Acknowledgement of this amendment is required. Notice type: Amendment #1 Posting date: September 13, 2019 ***Acknowledgement of amendment is required Response date: September 19, 2019 NAICS code: 423850 Service Establishment Equipment and Supplies Merchant Wholesalers PSC: 4240 Solicitation #: 11380466 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. 11380466 and is issued as a Request for Quote (RFQ). Request for Quotes are due by 19 September 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. National American Industry Classification System (NAICS) code for this acquisition is 423850. 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 The 102 Civil Support Team SPECIFICATIONS AND QUANTITIES o 11 ea. EPIRB (Emergency Position Indicating Beacon)-see specifications #1 o 11 ea. Personal Signal Device-see specifications below #2 o 3 ea. Helmets (Suitable for use in water operations) see specifications below #3 o 3 ea. Dry Suit ensemble (Dry suit, *****Union Suit, Work boots/Wet shoe, Gloves) see specifications below #4 ****see notes under union suit o 11ea. Duffel Bag, Mesh o 15 ea. Throw Bag-see specifications below #6 o 20 ea. G-Rated carabineer, Aluminum -specifications below #7 SPECIFIC REQUIREMENTS FOR SPECIALIZED EQUIPMENT 1) 11 ea. Personal Locater Beacon (PLB) a. Oral Inflation Clip (Includes protective 0-Ring) b. Belt Clip c. Attachment Strap d. lanyard e. Quick Start Guide f. Registration Form with Stamped Envelope g. Warranty Card h. Five Year Warranty i. Small and Lightweight with OLED Display j. Worldwide Coverage with No Subscription Required k. Operates with 406 Mhz and 121.5MHz l. Integrated Infrared Strobe and Strobe System m. Floats on top of water n. Unit Size: 2.03"W x 4.52 11H xl.49 "D 2) 11 ea.Personal Signal Device (whistle) a. Integrated black over-molded Cushioned Mouth Grip. b. The pealess, three-chamber design. c. Delivers 115 decibels of sound which can be heard up to one mile away. d. Ergonomically designed shape. e. Integrated grip ribs along the top surface. f. Includes break-away lanyard to keep the whistle close at hand and easily accessible. 3) 3 ea. Helmets (Suitable for use in water operations) a. Multi-impact shell with an EVA foam liner and a polyurethane sub-shell to dissipate impacts. b. Retention System to securely hold helmet in place under hydraulic forces. As the force of the water pushes the helmet back, the retention system self-adjusts to hold the helmet firmly in place. c. Removable, replaceable padded liner that snugs helmet to head. d. Adjustable 0-Brace Harness conforms to the back of the head to help keep the helmet safely positioned. e. Vented shell keeps for cooling and water draining. f. Ears uncovered 4) 3 ea. Dry Suit ensemble (Dry suit, ***Union suit**, Work boots/Wet shoe, Gloves) see note for union suit a. Dry Suit: Provides exterior protection from cold water exposure 1. CALL POC FOR SIZING UPON AWARD 2. GORE-TEX® Front Entry Dry Suit 3. Metal tooth, waterproof Optiseal front entry zipper 4. Metal tooth, waterproof Optiseal front relief zipper 5. Latex gaskets with adjustable "hook & loop11 collar andcuffs 6. Adjustable bungee draw cord at waist 7. seat and knee patches; self-draining 8. Every suit 100% fill tested; guaranteed to be dry 9. Limited lifetime warranty b. ***11 ea needed*******Union Suit: The union Suit provides an insulating layer under the dry suit for cold water exposure. 1. Four-way-stretch, heavyweight, 90% recycled Polartec 2. Front entry zipper 3. Zip flap and chin guard. 4. Men's relief zipper. 5. Articulated body mapping with lighter grid fabric in the underarm, cuffs and neck for unrestricted movement. 6. Flat-stitched seams for rugged durability and comfort. 7. A zippered chest pocket c. Synthetic Boots: work boots for use with the Dry Suit Ensemble- will call POC for sizes upon award 1. Lace-up synthetic leather and 5 mm neoprene upper. 2. 7 mm neopreneinsole. 3. Heavy-duty, non-marking lug. 4. Wear areas reinforced with synthetic leather and rubber. d. Gloves: Neoprene utility gloves 1. 2 mm Terraprene neoprene provides excellent warmth for cool to cold conditions. 2. Rubberized Amara • synthetic leather armor patches on the palm and fingers provide unmatched protection and grip and rope handling. 3. A fitted, stretchy slip-on wrist cuff. 4. Pairing snaps on the wrists help keep the gloves together. 5) 3 ea Duffel Bag, Mesh a. Constructed with polyester and designed with a polyester mesh toppanel. b. 300 denier polyester with polyester mesh c. Zippered accessory pocket on the side. d. Flat, rectangular bottom design. e. Webbing handles and a detachable padded shoulder strap. f. Duffel compresses into the side pocket for easy stowing in another bag. g. Size: 60l - 1.13 lbs h. Mesh top panel i. Compresses into side pocket for easy storage j. Color: Red 6) 15 Total Throw Bags (There are specific numbers of each) Two types of throw bags required. One attached to rescuer/vessel boarder and one for shoreline personnel/boat deck personnel. a. 11 ea. Waist Bag 1. Waist bag with quick-release belt 2. Compact, removable throw bag. 3. The outer bag has a wide hook-and-loop flap and a zipper to facilitate removing the inner bag. Drainage holes in the bag. 4. Removable Wedge Throw Bag with foam flotation, mesh sides for drainage and drying, and reflective taping for increased visibility. 5. Throw bag contains 55 feet of 1/4" polypropylene rope, with a maximum tensile strength of 950 pounds. 6. Quick-release buckle on the adjustable waist belt ensures safe exit in an emergency. 7. The internal throw bag comes completely free from the waist belt. 8. Webbing loops along the belt allow attaching carabiners. b. 4ea. Shoreline NFPA Rope Rescue Throw Bag-Rugged bag. 1. 3/8" Sterling Grab line rope is NFPA 1983 2012 certified. 2. Tensile strength of 3,282 lbs. 3. Sheath has a raised pattern for grip ability. 4. Rope floats for good visibility on thewater. 5. Wide mesh panel in the bag facilitates drainage and reduced dry time. 6. Two reflective bands and an elastic "holster" for a glow stick, or "chem light, to enhance visibility in low-light rescues. 7. A barrel-lock drawstring. 8. 1" webbing with side-release buckle. 9. Internal foam flotation. 10. Polyethylene-sheathed grabloop. 7) 20ea. G-Rated carabineer, Aluminum 1. Aluminum carabiner that meet the NFPA strength requirements for General use 2. Modified "D" 3. Notchless Key Lock gate 4. MBS: 43.3 kN (9,734 lbf.) 5. Weight: 5.3 oz. 6. Interior Length: 4.05" 7. Gate Opening: 1.1" 8. Proof Loaded Supplies in accordance with the requirements listed above. CLIN 0001 EPIRB (Emergency Position Indicating Beacon) provide eleven (11) per PWS CLIN 0001 TOTAL $ CLIN 0002- Personal Signal Device- provide eleven (11) per PWS CLIN 0002 $ CLIN 0003- Helmets (Suitable for use in water operations) - provide three (3) per PWS CLIN 0003 $ CLIN 0004- Dry Suit ensemble (Dry suit, ***Union Suit, Work boots/Wet shoe, Gloves) - provide three (3) per PWS CLIN 0004 $ CLIN 0005- Duffel Bag, Mesh provide eleven (11) per PWS CLIN 0005 $ CLIN 0006- Throw Bag - provide fifteen (15) per PWS CLIN 0006 $ CLIN 0007- G-Rated carabineer, Aluminum provide twenty (20) per PWS CLIN 0007 $ 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 II. 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 52.204-7 System for Award Management FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.204-13 System for Award Management Maintenance FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-22 Alternative Line Item Proposal 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 52.222-19 Child Labor - Cooperation with Authorities and Remedies FAR 52.222-21, Prohibition Of Segregated Facilities. FAR 52.222-26, Equal Opportunity. FAR 52.222-50 Combating Trafficking in Persons FAR 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving FAR 52.225-13 Restrictions on Certain Foreign Purchases FAR 52.232-33, Payment by Electronic Funds Transfer--System for Award Management. 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 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, Representation Relating to Compensation of Former DoD officials DFARS 252.204-7011 Alternative Line Item Structure DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors DFARS 252.211-7003 Item Unique Identification and Valuation DFARS 252.211-7008 Use of Government-Assigned Serial Number DFARS 252.213-7000 Notice to Prospective Suppliers on the Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations DFARS 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252.225-7001 Buy American and Balance of Payments Program DFARS 252.225-7031 Secondary Arab Boycott of Israel DFARS 252.225-7048 Export-Controlled Items DFARS 252.232-7003, Electronic Submission of Payment Requests. DFARS 252.232-7010, Levies on Contract Payments DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea 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. 52.212-3 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 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, Inedibl...