Inactive Total Small Business Set-Aside (FAR 19.5)

Amendment to statement of work and combo-synopsis to reflect corrected dates and numbers. please acknowledge amendment during quote. tatement of Work Oregon Army National Guard Event Space, Catered Me... Amendment to statement of work and combo-synopsis to reflect corrected dates and numbers. please acknowledge amendment during quote. tatement of Work Oregon Army National Guard Event Space, Catered Meals, and Lodging - November 3, 2019 Portland, Oregon (20 mile radius) 1.0 Overall Concept 1.1 The Service Member and Family Support (SMFS) of the Oregon National Guard requests a vendor to provide conference space, catered meals, and lodging as outlined below in order to conduct a Yellow Ribbon Pre-Deployment Event and Resource Fair as outlined below. 1.2 Lodging requirements: Check In Date Duration Description Quantity November 2, 2019 One Night Double Occupancy 40 1.3 Meal requirements: Date Description Breakfast Headcount Lunch Headcount Snack Headcount Beverages Headcount November 3, 2019 Adult Meals 548 478 478 478 November 3, 2019 Child Meals With Adults 70 70 70 1.4 Date/Time: Date Description Breakfast Time Lunch Time Snack Time Beverages Time November 3, 2019 Adult 7:30 am - 9:00 am 12:00 pm - 1:00 pm 2:30 pm 7:30 am to 10:30 am 11:30 am to 12:30 pm 2:30 pm to 4:00 pm November 3, 2019 Children With Adults 11:30 am - 12:30 pm 10:00 am & 2:30 pm 7:30 am to 9:00 am 11:30 am to 12:30 pm 2:30 pm to 4:00 pm 1.5 Event Space: Date Times Description Quantity Headcount November 3, 2019 6:00 am - 6:00 pm Registration space at entrance for event registration. 6 (8 ft. tables) 548 November 2, 2019 6:00 am - 6:00 pm Conference room with banquet rounds setting. A/V capabilities required. 1 548 November 2, 2019 1:00 pm - 4:00 pm Breakout rooms with seating. A/V capabilities required. (can be main conference room divided by air wall 2 274 November 2, 2019 6:00 am - 6:00 pm Breakout room for United Through Reading Recording/ Staff Breaks 2 20 November 2, 2019 6:00 am - 6:00 pm Resource tables space (lobby, wide hall ways, or centrally located room) 30 (6 ft. tables) 548 November 2, 2019 6:00 am - 6:00 pm Childcare rooms with space for physical activity and/or age appropriate activity (Infant, Pre-K, Elementary, Middle - High school) 4 70 November 2, 2019 6:00 am - 6:00 pm Registration space outside of childcare area to be used for childcare registration 2 (6 ft. tables) 70 2.0 Lodging Requirements 2.1 Conference: November 3, 2019 - Yellow Ribbon Pre?Deployment Event • Forty (40) double occupancy rooms for the night prior to the event, November 2, 2019. 3.0 Meal and Refreshments Requirements 3.1 Conference: November 3, 2019 - Yellow Ribbon Pre?Deployment Event • 75 Gallons of Ice Water served throughout the entire day to be located near conference rooms and childcare rooms, refilled as needed 7:00 AM - 5:00 PM. • Hot buffet style breakfast for 478 adults and 70 children. o Breakfast for adults to be served, 7:30 AM - 9:00 AM. o Buffet Style meal must include any assortment of hot meals that includes one choice of Meat, Potato, Egg and Pastry. o Utensils for 478 adults and 70 children o Meal must be provided with quote for review acceptance. • Morning Drinks, 7:30 AM - 10:30 AM: o 35 Gallons - Regular Hot Coffee o 10 Gallons - Decaf Hot Coffee o 35 Gallons - Orange Juice o 10 Gallons - Hot Water for Tea: With assortment packets of different types of tea for 130 cups. o Cups for 478 adults and 70 children • Morning snack of Graham Crackers and Apple Slices for 70 children, to be delivered in the childcare areas no later than 10:00 AM. • Buffet style thanksgiving themed lunch for 478 adults. Please provide a selection of meals that are priced equally with quote. o Lunch for adults to be served, 12:00 PM - 1:00 PM. • Box lunches for 70 children to be delivered in the childcare area no later than 11:30 AM. o Example meal: chicken tenders or chicken nuggets, bag of baked chips, or French fries, macaroni and cheese fresh fruit (no grapes or strawberries), cookie or pudding cup, choice of juice, white or chocolate milk. o Meal must be provided with quote for review acceptance. • Afternoon Drinks & Snacks, 2:30 PM: o Assorted whole cookies and brownies (without nuts) for 478 adults. o 35 Gallons of Sweet and Unsweetened Ice Tea. o 35 Gallons of Lemonade. • Afternoon snack for 70 children to be delivered in the childcare area no later than 2:30 PM. o Pretzels, Fruit cups for 30 toddlers/ Popcorn with assorted vegetable tray and cookies for 40 youths. • Children meals and snacks must not contain any item from the list in paragraph 4.2. 4.0 Special Meal Requirements 4.1 Quantity and meals are provided in Section 3.1 and 3.2 and are listed by date and time. 4.2 Special Requirements. • Due to allergies and special needs, the following items will NOT be approved: o Nuts or seeds of any kind (peanut butter, 7?grain bread, etc.) o Strawberries o Grapes or olives o Hot Dogs 4.3 A list of special dietary needs will be provided 72 hours before the event. 5.0 General Cleanup 5.1 All meals and food related items will be cleaned and sanitized throughout the food service area during the event. 5.2 Throughout the event, all tables will be sanitized and wiped clean. 5.3 Trash will be monitored and emptied into the facility's dumpster as they are filled, and will remain empty at the end of the event. 6.0 Performance Standards 6.1 The vendor will provide no less than the required amount of conference rooms stated in this SOW and the solicitation. If conference rooms, lodging or any other item identified in the CLINs of the contract are "double allocated," the vendor will ensure the government has precedence. 6.2 The vendor will ensure that lodging rooms are clean and sanitary based on local and state regulations. 6.3 The vendor will be responsible for all preparation and/or delivery of food on time. "On?time" is defined as prepped and ready for serving no later than ten (10) minutes prior to scheduled meal times. 6.4 The vendor will ensure food is prepared in accordance will local and state regulations. 6.5 The vendor will provide meals in accordance with the SOW to include stated Special Requirements. 6.6 The vendor will ensure that eating areas are clean and sanitary based on local and state regulations. Final food serving table cleanup will also be conducted by food service provider. 6.7 The vendor will ensure all equipment requested in the solicitation and the SOW, as quoted on by the vendor, is in good working order. 6.8 The vendor will provide any proposed changes or needed changes to the Contracting Officer (KO) and Contract Specialist (KS) in a timely manner. No changes will occur prior to approval from the Contract Officer. 7.0 Event Space Requirements 7.1 Conference: November 3, 2019 - Yellow Ribbon Pre?Deployment Event 7.2 One (1) conference room, to comfortably accommodate 548 people in banquet rounds style seating. • Audio/Visual requirements for this conference room to include: one (1) podium, minimum two (2) projectors, and minimum two (2) projector screens, two (2) wireless microphones, and sound patch. A/V package to be included during all conference hours. 7.3 Two (2) breakout rooms in the afternoon, to comfortably accommodate 274 people per room in afternoon, banquet rounds style seating. • Audio/Visual requirements for this conference room to include: one (1) projector, and (1) projector screen, one (1) wireless microphone, and sound patch per room. A/V package to be included during all conference hours. 7.4 One (1) Lobby, wide hallway, or centrally located space to accommodate 30 resource/vendor tables, 50 resource providers and allow the 478 adult guests to walk through and around to visit the tables. 7.5 Two (2) Registration areas near entrances that allow 478 adult guests ability to register for the event as they arrive with tables and chairs. 7.6 Two (2) breakout rooms, to comfortably accommodate twenty (20) adults. One (1) of the breakout rooms should have tables and chairs and will be used for staff breaks, staging, and storing excess items. One (1) of the breakout rooms should have one (1) table and three (3) chairs for audio/visual recording of book reading. We will provide audio/visual recording equipment for this activity. 7.7 Four (4) Childcare registration areas outside the childcare areas to be used for childcare registration. 7.8 Four (4) separate rooms for childcare providers to provide age appropriate activities for child guests, separated into 4 age groups: infant, pre-k, elementary, and middle through high school aged. Each child is required 35 square feet, the breakdown is as follows: • Infant room = 500sq.ft. (10 infants) • Pre-K room = 1,050sq.ft. (25 pre-k) • Elementary room = 1,225sq.ft. (25 elementary) • Middle through High School room = 1,050sq.ft. (10 middle-high school) 7.9 All four (4) childcare rooms must meet the following criteria: • Located in close proximity to each other, main event space, and provide limited access to only our registered guests for safety purposes. • Power should be accessible for small appliances provided by our childcare personnel, such as bottle warmers and baby swings. • Located near a bathroom that can be cordoned off from other users of the facility to be used only for our childcare. • No hotel rooms will be used to meet this childcare requirement. 7.19 All conference rooms must be located on the same property. 7.20 All conference rooms must be indoors. 7.21 Cost will be inclusive of all taxes and service charges. 7.22 All setup and breakdown of tables and other vendor provided equipment will be conducted by the vendor. 7.23 Wi-Fi readily available throughout the facility from 6:00 am - 6:00 pm. 8.0 Security Requirements 8.1 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. 9.0 Antiterrorism/Operations Security Requirements 9.1 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 ten (10) days of award. AT Level I awareness training is available at the following website: http://jko.jten.mil. 9.2 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 KO and the contracting officer within Three (3) days after award. 10.0 Contracting Manpower Recording Act (CMRA): 10.1 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. 10.2 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 10.3 Unit Identification Code (UIC) for the Requiring Activity: W90KNA 10.4 Issuing Office DoDAAC: W912JV III. Terms and Conditions: 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 52.204-10 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 52.222-3 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 52.225-13 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 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving FAR 52.225-13 Restrictions on Certain Foreign Purchases FAR 52.228-5 Insurance - Work on a Government Installation 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, 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. ...