RFQ 1204R420Q0015.pdf

U.S. Forest Service

Region 6, Western Oregon Acquisition Team

Helicopter Log Transport to North Fork Winberry Creek and North Fork Middle Fork Willamette River

Willamette National Forest

Middle Fork Ranger District

Solicitation Number: 1204R420Q0015

Release Date: 17 January 2020

Quotes Due: 27 February 2020

Contracting Officer: Eric Oldenkamp (eric.oldenkamp@usda.gov)

Interested companies that wish to submit a quote must follow the instructions in the addendum of Federal Acquisition Regulation (FAR) provision 52.212-1, which is included in this solicitation.

mailto:eric.oldenkamp@usda.gov

Table of Contents

Standard Form 1449 & Schedule of Items

Contract Clauses

Performance Work Statement (PWS)

Section 1 General Information

Section 2 Definitions

Section 3 Government Furnished Property, Materials, Services

Section 4 Contractor Furnished Critical Items

Section 5 Specific Tasks

Attachments

Solicitation Provisions

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

04R4

SPRINGFIELD OR 97477

3106 PIERCE PARKWAY SUITE D

WILLAMETTE NATIONAL FOREST

USDA FOREST SERVICE

CODE 16. ADMINISTERED BYCODE

X

X

X

481212

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR04R4

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

02/27/2020 1000 PS

01/17/2020

541-225-6475ERIC OLDENKAMP

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1204R420Q0015

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 38983756OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

WESTFIR OR 97492

46375 HIGHWAY 58

MIDDLE FORK RANGER DISTRICT

15. DELIVER TO

SPRINGFIELD OR 97477

3106 PIERCE PARKWAY SUITE D

WILLAMETTE NATIONAL FOREST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,500

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Helicopter Log Transport to North Fork Winberry Creek and North Fork Middle Fork Willamette River Period of Performance: 09/01/2020 to 11/21/2020

0001 North Fork Winberry Material Staging Sites - 315 EA helicopter transport of logs from staging sites to locations identified in the Performance Work Statement.

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

www.ipp.gov

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0002 North Fork Middle Fork Willamette Staging Site 1 225 EA

- helicopter transport of logs from staging site to locations identified in the Performance Work

Statement.

0003 North Fork Middle Fork Willamette Staging Site 2 240 EA

- helicopter transport of logs from staging site to locations identified in the Performance Work

Statement.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CONTRACT CLAUSES

Full text clauses and provisions for the Federal Acquisition Regulation (FAR) and Agriculture Acquisition Regulation may be accessed electronically at www.aquisition.gov.

THE FOLLOWING CLAUSE IS INCORPORATED BY REFERENCE:

FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Oct 2018)

THE FOLLOWING CLAUSES ARE ADDED AS AN ADDENDUM TO FAR CLAUSE 52.212-4, AND

INCORPORATED BY REFERENCE:

FAR 52.203-3 -- Gratuities (Apr 1984)

FAR 52.204-13 -- System for Award Management Maintenance (Oct 2018)

FAR 52.204-18 -- Commercial and Government Entity Code Maintenance (July 2016)

FAR 52.228-5 -- Insurance Work on a Government Installation (Jan 1997)

FAR 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.237-2 – Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

AGAR 452.228-71 -- Insurance Coverage (Nov 1996)

THE FOLLOWING CLAUSES ARE INCORPORATED IN FULL TEXT:

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

http://www.aquisition.gov/

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (5)[Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10)[Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13)[Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C.

657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3)As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

PERFORMANCE WORK STATEMENT (PWS)

HELICOPTER LOG TRANSPORT TO NORTH FORK WINBERRY CREEK AND

NORTH FORK MIDDLE FORK WILLAMETTE RIVER

SECTION 1

GENERAL INFORMATION

This is a non-personal services, performance based, firm-fixed price contract. The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services.

1.1 Scope of contract

1.1.1 The purpose of this contract is to secure a complete set of services to accomplish a stream restoration project.

The Contractor shall provide services to move trees from material staging sites to flagged destinations in North Fork Winberry Creek and the North Fork Middle Fork Willamette River. The trees shall be placed in locations to enhance aquatic habitat.

1.1.2 The project involves transport of trees from various staging sites (elevation 1,100 –2,000 feet above sea level) to North Fork Winberry Creek and the North Fork Middle Fork Willamette River (elevation 1,500 – 2,000 feet above sea level), destinations ranging from about 0.2 to 0.5 miles from staging sites. Tree and log weights are estimated at 5,000 pounds and less. Tree and log lengths range from 25 to 45 feet long. Access roads to staging areas and service landings are paved or graveled and are accessible by truck.

1.1.3 The Contractor shall, considering given objectives for the project, develop a plan of operation to accomplish these objectives, organize, and direct all the equipment and personnel needed to fully accomplish the work. The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies and incidentals necessary to complete the work required.

1.2 Period of Performance

The Contractor shall perform the work within 1 September 2020 to 21 November 2020.

1.3 Pre-work meeting

The COR will coordinate a pre-work meeting between the Contractor and government personnel. The meeting will take place before the start of the period of performance, and either be a teleconference or held at the Middle Fork Ranger District. At the meeting, the Contractor shall provide the COR with a schedule of key milestones, their onsite representative with contact information, and a certificate of insurance in accordance with clauses 52.228-5 and 452.228-71.

1.4 Location and Description

The project area is located on the Middle Fork Ranger District of the Willamette National Forest, Lane County, Oregon. See Attachment 1 for a vicinity map of the project areas. The North Fork Winberry project is about 35 miles southeast of Eugene, Oregon on Forest Road 1802 along North Fork Winberry Creek (T.19 S., R.02 E., Section 21). The North Fork Middle Fork Willamette project is about 55 miles southeast of Eugene, Oregon on Forest Road 1900 (T.19 S., R.4 E., Section 27, 28, 29 and T.19 S, R.5 E, Section 29, 30). The restoration reaches at North Fork Winberry range from 0.1 to 0.2 miles from the material staging sites. The restoration reaches at North Fork Middle Fork Willamette range from 0.1 to 0.5 miles from the material staging sites on FS Rte. 1900-057 and

FS Rte. 1900-749. North Fork Winberry Creek and the North Fork Middle Fork Willamette River sites are approximately 13 air miles apart and 30-50 miles apart by road, depending on route.

The terrain in North Fork Winberry Creek and North Fork Middle Fork Willamette River are steep upper valley banks but with gentle side slopes near channel with low stream gradient and a defined floodplain. Staging and destination sites are surrounded by tall timber. Slopes, elevation, timber, and climatic conditions in the project area may affect equipment capabilities and methods for delivery. Destinations of placed logs are generally within 0.2 mile or less of material staging sites. In-stream destinations of wood will be identified by wide orange ribbon prior to transport. Placement of woody material will occur in the vicinity of orange ribbon markers.

The project areas are within small drainages and can be forded at all locations. Recovery of delivery equipment (i.e.

chokers) may require ground crews to wade shallow portions of the river channel.

North Fork Winberry Material Staging Sites, GPS: 43.901872, -122.577925 From Eugene, drive east towards Lowell on Highway 58 for 13.8 miles. Turn left onto S Pioneer Street and continue for 0.7 miles, following signs to Lowell. This road will cross Dexter Reservoir. Turn left onto N Shore Drive. Stay on N Shore Drive for 0.1 miles, then turn right onto N Moss St. Stay on N Moss Street for 0.8 miles, to where it turns into Jasper Lowell Road. Stay on Jasper Lowell Road for 1 mile, until you reach the junction with Big Fall Creek Road. Turn right onto Big Fall Creek Road for 0.4 miles, to Winberry Creek Road. Turn right onto Winberry Creek Road, continue for 8.9 miles to where it turns into FS Rte. 1802 at the three-way intersection. Continue driving on FS Rte. 1802 for 1.6 miles to the first staging site adjacent to North Fork Winberry Creek. The second staging site is 0.7 miles up FS Rte. 1802, where the road crosses NF Winberry Creek. The third and final staging site is 0.2 miles up FS Rte. 1802 from the second staging site (Attachment 3). There are 315 logs among the three staging sites. See Attachment 2 for an overview of the driving directions.

North Fork Middle Fork Willamette Staging Site 1, GPS: 43.890116, -122.339063 From Eugene, drive east towards Westfir on Highway 58 for 31.1 miles, until you reach Old Willamette Highway S/Westfir Road. Turn left onto Westfir Road. Continue driving on Westfir Road for 0.4 miles, crossing the Middle Fork Willamette River. Turn left onto North Fork Road/Westfir Road after the bridge crossing. Continue driving on North Fork Road for 1.8 miles, through Westfir, where it turns into FS Rte.

19. Stay on FS Rte. 19, for 15 miles. Turn left on the small dirt road (FS Rte. 1900.057). The road is flagged with yellow and red flagging. The staging site and log decks consisting of 225 logs are visible from FS Rte. 19. See Attachment 4 for an overview of the driving directions and Attachment 5 for map of staging site.

North Fork Middle Fork Willamette Staging Site 2, GPS: 43.882848, -122.254234 From Eugene, drive east towards Westfir on Highway 58 for 31.1 miles, until you reach Old Willamette Highway S/Westfir Road. Turn left onto Westfir Road. Continue driving on Westfir Road for 0.4 miles, crossing the Middle Fork Willamette River. Turn left onto North Fork Road/Westfir Road after the bridge crossing. Continue driving on North Fork Road for 1.8 miles, through Westfir, where it turns into FS Rte.

19. Stay on FS Rte. 19, past Kiahanie Campground, for 20.2 miles. Turn right on the gravel road, Rte.

1900-749. The staging site with 240 logs is located on the right, 300 feet from the beginning of the road.

The road is flagged with yellow and red flagging. See Attachment 6 for an overview of the driving directions and Attachment 7 for a map of the staging site.

SECTION 2

DEFINITIONS

Contracting Officer (CO) - A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

Contracting Officer's Representative (COR) - An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

Diameter breast height (DBH) - Diameter of the trunk measured at a point 4-1/2 feet above the ground level on the uphill side of tree.

SECTION 3

GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

3.1 Forest Service radio repeaters will be available near the project site to a base point where a commercial telephone is available. This service is provided to facilitate operation of work and in response to non-emergency and emergency incidents. This service is available through Contracting Officer Representative and VHF FM radio present during project implementation.

3.2 Traffic control consisting of two flaggers on Forest Roads 19 and 1802, campgrounds and/or nearby trails at the project area will be provided by the Forest Service.

SECTION 4

CONTRACTOR FURNISHED CRITICAL ITEMS

4.1 The Contractor shall provide all services, equipment, materials, and personnel except those listed under Government Furnished Property. Equipment shall be furnished on a fully-operational basis, of modern design, and in good operating condition.

4.2 The Contractor shall provide dust abatement at staging and service areas as necessary for safe operations.

Material other than water will require approval by the COR before use.

4.3 The Contractor is responsible for equipment move-in and move-out of ground equipment as well as transportation for all Contractor-furnished materials between service areas and or staging areas on the project site.

4.4 The Contractor shall have in place an accidental spill response plan and a project safety and incident response plan.

4.5 A chainsaw to cut logs up to 45 inches DBH to adjust tree weight if necessary.

SECTION 5

SPECIFIC TASKS

5.1 The Contractor shall provide for delivery of 780 trees into three different sections of streams. Specifically, 315 trees to North Fork Winberry Creek from three staging sites and 465 trees to two locations in the North Fork Middle Fork Willamette from two staging sites. Staged material will need to be transported 0.1 to 0.5 miles. Material will already be decked from a previous contract.

5.2 Communication Requirements

The Contractor shall be capable of transmitting and receiving Forest Service frequencies.

5.3 Operations

5.3.1 In-stream destinations for loads will be flagged. Trees with root wads attached may be utilized. The calculation of weight for each log or logs shall be the responsibility of the Contractor to ensure that load calculations are within external payload limitations. The Contractor may have to reduce the log length or transport multiple log loads to be within limits.

5.3.2 Service landing(s) shall be selected by the Contractor with COR approval. Log staging areas will not accommodate both an operational and service area unless approved by COR. The Contractor shall be responsible for safety precautions, dust abatement measures, and fuel hazardous waste spill response.

5.3.3 Prior to moving onto National Forest land, the Contractor shall ensure that all equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold noxious weeds. The Contractor will contact the COR or designated inspector prior to moving on to National Forest land for equipment inspection.

5.4 Performance Objectives

The Contractor will be responsible for supplying a ground crew for helicopter navigation, choker setters at log decks, and choker retrievers within the stream. One Forest Service employee will be in the stream during log placement to initially show ground crew the flagged location, and preferred orientation of placed logs. The location of log placement will be on and near channel spanning tip trees that have been tipped from a previous contract. The Forest Service will not be in the area of rotor wash or log placement while helicopter is flying.

5.4.1 Satisfactory Performance

The Government will conduct visual inspections of placed large wood to determine quality of work following aerial placement. Satisfactory placement of wood will be determined by distance from the flagged destination.

Acceptable distance from flagged destination is 100 feet. The minimum level of satisfactory performance is placing 70% of logs in acceptable locations.

5.4.2 Unsatisfactory Performance

Unsatisfactory performance will require rework at the Contractor’s expense to bring the work up to a satisfactory performance standard of 70%.

Attachment 1: Vicinity map of Staging Sites.

Attachment 2: Overview of driving directions to North Fork Winberry Staging Site from Lowell.

Attachment 3: Map of Staging Sites and delivery locations in North Fork Winberry.

Attachment 4: Overview of driving directions from Middle Fork Ranger District Office, (near Westfir, Oregon) to Staging Site 1 on the North Fork Willamette River.

Attachment 5: Map of Staging Site 1 and delivery locations in North Fork Willamette.

Attachment 6: Overview of driving directions from Middle Fork Ranger District Office, (near Westfir, Oregon) to Staging Site 2 on the North Fork Willamette River.

Attachment 7: Map of Staging Site 2 and delivery locations in North Fork Willamette.

SOLICITATION PROVISIONS

THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:

FAR 52.204-7 – System for Award Management (Oct 2018)

FAR 52.204-16 -- Commercial and Government Entity Code Reporting (July 2019)

FAR 52.237-1 – Site Visit (Apr 1984)

THE FOLLOWING PROVISIONS ARE INCORPORATED IN FULL TEXT:

FAR 52.212-1 – Instructions to Offerors – Commercial Items (Oct 2018)

I. Addendum to FAR 52.212-1: the following replaces all text for FAR provision 52.212-1.

II. The Government intends to procure this requirement on a competitive basis in accordance with the provisions set forth in FAR Part 13 – Simplified Acquisition Procedures, FAR Part 12 – Acquisition of Commercial Items, and within this Request for Quotes (RFQ).

III. Instructions to Quoters.

a) Submission of quotations. Submit quotations via email to Eric Oldenkamp at eric.oldenkamp@usda.gov.

Quotations must be received via email before 1000 PST on 27 February 2020. As a minimum, quotations must show the following:

1) The solicitation number;

2) The name, DUNS number, address, email, and telephone number of the quoter;

3) Acknowledgment of Solicitation Amendments;

4) A completed copy of the FAR provision 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the quoter shall complete electronically);

5) Unit pricing and accurate extended totals for each line item included on the schedule of items;

6) Provide past performance information for up to five projects within the last five years that best demonstrates experience in services that are similar in size, scope, and complexity to the work described in the Performance Work Statement. Each project identified should not need more than 1 page to describe. The information provided should include the customer’s name, telephone number, and a brief description detailing the projects size, scope, and complexity; and

7) Provide the make, model, and the external cargo capacity of the helicopter.

b) Multiple quotations. Quoters are encouraged to submit multiple quotations 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 quote submitted will be evaluated separately.

c) Late submissions.

1) Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before issuance of an award and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations 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 quotations 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.

d) Issuance of an award. Quotations should contain the quoter’s best technical and price terms. The

Contracting Officer may reject any or all quotations. The Contracting Officer may issue an award to other than the quoter with the lowest priced quotation. After the evaluation of quotations, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing any award.

The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR part 15.

e) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quotation, the quoter acknowledges the requirement that a prospective contractor shall be registered in the SAM database prior to issuance of an award, during performance and through final payment of any contract resulting from this solicitation. If the quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to issue an award to the next otherwise successful registered quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov.

f) Requests for information. The contracting officer will not directly notify unsuccessful quoters that responded to this solicitation; award information will be posted to https://beta.sam.gov. Quoters may request information on award(s) resulting from this solicitation from the contracting officer.

g) Questions concerning solicitation. Direct questions regarding this solicitation to Eric Oldenkamp via e-mail eric.oldenkamp@usda.gov.

IV. Evaluation

(a) The Government will offer a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate quotes:

(1) Price

(2) Past Experience and Past Performance – The evaluation will be based on each quoter’s response to the information requested in the submission instructions. The Government may also consider other sources of past performance information including, but not limited to, Past Performance Information https://www.sam.gov/ https://beta.sam.gov/

Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), references, U.S. Forest Service records, and other online research. In determining strengths and weaknesses, the Government will consider the following for each project:

• The extent of projects that are similar or greater in scope, e.g., the project demonstrates experience with helicopter transport of objects like logs or heavy equipment.

• The extent of projects that are similar or greater in size, e.g., the project demonstrates experience with transport of large quantities.

• The extent of projects that are similar or greater in complexity, e.g., helicopter transport of objects with ground crews (navigation, choker setters, choker retrievers) working within a stream.

• The number of confirmed positive performance evaluations, which will be based on quality of the quoter’s work, customer satisfaction, timeliness during performance, and overall business relations.

(3) Equipment – In determining strengths and weaknesses, the Government will consider the capability of the helicopter to transport logs up to 5000 pounds.

Past experience, past performance, and equipment are all slightly more important than price. When combined, all non-price factors are significantly more important than price.

(End of Provision)

FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Dec 2019)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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.

“Forced or indentured child labor” means all work or service—

(1) 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

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

https://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_252523041

“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).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.“Sensitive technology”—

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i)To restrict the free flow of unbiased information in Iran; or

(ii)To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1)Is…