Attachment_1_12639519Q0206.pdf

INSTRUCTIONS CONDITIONS AND NOTICES TO INTERESTED PARTIES OR RESPONDENTS

This solicitation for commercial Supplies was written in accordance with Federal Acquisition Regulations (FAR) Part 12 Commercial Acquisitions, FAR Part 13 Simplified Acquisition Procedures (SAP), under the format in Subpart 12.3 as supplemented with additional information included in this notice. The solicitation number is 12639519Q0197 and is issued as a request for quote (RFQ), In order to have a complete package, as a minimum, the return package (39 Pages) must contain the following items. Offers submitted without completion of items listed here shall be considered nonresponsive and ineligible for award.

1. Completed form 1449 Schedule of items (See Attachment 1 pg 1 boxes 17a & 30a,b & c, )

2. Completed Price Schedule of Items 001 –005 (page 2)

3. Questions 1-4 (page 3)

4. DUNS NUMBER

Anyone interested in doing business with the USDA must first obtain a Dunn and Bradstreet number. If your company does not have a DUNS number, you may contact Dun and Bradstreet directly to obtain one by calling 1- 866- 705-5711or via the following website:

http://fedgov.dnb.com/webform

5. Online Registration of Government System for Award Management (SAM) at http://sam.gov

6. Completion of 52.212-3 - Offeror Representations and Certifications - Commercial Items. The Quoter shall complete only paragraphs (b) of this provision if the Quoter 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 Quoter has not completed the annual representations and certifications electronically, the Quoter shall complete only paragraphs (c) through (u) of this provision. (See pages 21 – 39)

7. In accordance with Federal Acquisition Regulation (FAR 52.209-4 -- First Article Approval -- Government Testing (Sep 1989)

The USDA-APHIS will need a 5-pound sample bag (First Article) of the Wheat Germ Meal for testing by the Government.

The sample shall be received three weeks prior to each delivery.

All samples for testing shall be delivered prior to Solicitation Closing Date to:

USDA-APHIS-PPQ Mexfly Rearing Facility

ATTN: BUDDY ROPER

22675 North Moorefield Road, Building 6418 Edinburg, Texas 78541

8. Interested parties return completed package by notice due date and time to:

Email: carol.dingess@usda.gov Subject Line Ref # 12639519Q0206

Fax: 970-494-7228 (Attn: Carol Dingess - 2E-21)

Mailing Address:

Carol Dingess Contracting Officer Ref # 12639519Q0196 2150 Centre Avenue Building - B ( MS - 2E 03) Fort Collins, CO 80526 http://fedgov.dnb.com/webform http://www.sam.gov/portal mailto:carol.dingess@usda.gov

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

APHIS-MRPBS-ASD-6395

Fax 970-494-7228 Carol.Dingess@.usda.gov Carol Dingess 970-494-7360

USDA APHIS MRPBS

CODE 16. ADMINISTERED BYCODE

X

X

X

311211

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/16/2019 1600 MT

08/15/2019

970-494-7360CAROL DINGESS

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639519Q0206

5. SOLICITATION NUMBER

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

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

17a. CONTRACTOR/

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,000

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

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 APHIS

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.

Firm Fixed Priced Blanket Purchase Agreement for Wheat Germ Meal in accordance with specifications in in 50 lb bags. First Article Testing Required in accordance with FAR 52.209-4. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and transportation. The period of performance is from date of award and not to exceed five years

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

CAROL R. DINGESS

. 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.

USDA APHIS PPQ

22675 N. Moorefield Road Bldg #6418 Warehouse at Moore Air Base Edinburg, TX 78541

Company Name

Address

DUNS#

POC Name ph#

Email:

For Invoice Processing and Payment.

Please see https://www.ipp.gov/vendors/enrollment-vendors.htm and submit invoices through the Invoice Processing Platform (IPP) Enroll at https://www.ipp.gov/

PRICING SCHEDULE

CLIN

No. Schedule Certification

CLINS Quantity UI

UNIT

PRICE/LB Unit Price x50

Year 1 of 5 Firm Fixed Price Blanket Purchase Agreement for delivery of Wheat Germ Meal in accordance with specifications in in 50 lb bags. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and transportation. 50 LB

Year 2 of 5 Firm Fixed Price Blanket Purchase Agreement for delivery of Wheat Germ Meal in accordance with specifications in in 50 lb bags. All cost to include but not

Year 3 of 5 Firm Fixed Price Blanket Purchase Agreement for delivery of Wheat Germ Meal in accordance with specifications in in 50 lb bags. All cost to include but not

Year 4 of 5 Firm Fixed Price Blanket Purchase Agreement for delivery of Wheat Germ Meal in accordance with specifications in in 50 lb bags. All cost to include but not

Year 5 of 5 Firm Fixed Price Blanket Purchase Agreement for delivery of Wheat Germ Meal in accordance with specifications in in 50 lb bags. All cost to include but not

TOTAL

The U.S. Department of Agriculture is a tax exempt agency. (Exempt from state and Federal tax) Tax ID Number : 41-0696271. Tax Exempt # 471640000

1. Number of days for delivery for quantity of

800 (50lb) Bags after receipt of order _____________Days

1600 - 2400 (50lb) Bags after receipt of order _____________Days

3000 (50lb) Bags after receipt of order _____________Days

2. Product is in accordance with specifications [ ] Yes [ ] No

3. Product Manufactured in the USA [ ] Yes [ ] No if no, what country:

Or – list of foreign components and country

4. What is your preferred method of payment? (You may choose more than one)

Direct Deposit from Treasury to Bank Account [ ]

Payment with Government Mastercard Credit Card [ ]

Note that in Accordance with Federal Acquisition Regulation (FAR) 401.602-1 Limitation:

Warranted Contracting Officers may use Government-wide purchase cards as a payment mechanism for contractual actions or invoices up to their delegated warrant authority after confirming the receipt of goods and services.

Credit Card Fee ___________%

A. DESCRIPTION OF AGREEMENT

Establish a Firm Fixed Priced Blanket Purchase Agreement for Wheat Germ Meal in accordance with specifications in 50 lb bags. First Article Testing Required in accordance with FAR 52.209-4. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and transportation. The period of performance is from date of award and not to exceed five years.

Product shall be packaged in 50 pound paper bags. Each shipment shall be palletized and shrink wrapped on the pallet. The shrink wrapped pallets shall have not more than 40 bags per pallet.

Item Description

1.1 Requirements.

The purpose of this project is to procure Wheat Germ Meal product. The work to be performed under this contract consists of furnishing all materials, equipment, supplies, labor and transportation as required by the Pricing Schedule and in accordance with these specifications.

All work materials and services not expressly called for in these specifications but are necessary for completion of the contract requirements shall be performed and furnished by the Contractor at no additional cost to the Government.

1.2 Product Specifications.

Wheat Germ Meal A. 25% Protein content (minimum) B. 15% Moisture content (maximum) C. Free of contaminants such as, but not limited to, parasitic worms or nematodes, parasites, fungi, bacteria, and yeast documented as harmful to insect rearing or associated with human disease D. Free of pesticide/chemical residues that will adversely affect fruit fly production

1.3 Quantity.

A Minimum of 3 Deliveries of 800 (50lb) Bags per year. A Maximum of 12 Deliveries of 800 (50lb) bags per year. Delivery orders shall be placed against this contract for shipments. The delivery schedule must be flexible due to unpredictable temporary changes at the facility.

1.4 Bioassay and First Article Testing.

Prior to each delivery, the contractor shall supply a 5-pound sample bag (First Article) of the Wheat Germ Meal for testing by the Government. The sample shall be received three weeks prior to each delivery.

The sample shall be delivered to: Attn: Buddy Roper

USDA APHIS PPQ MFFRF,

22675 N. Moorefield Road, Bldg. 6418, Edinburg, TX 78541

First article testing shall be performed in accordance with contract clause 52.209-4 First Article Approval – Government Testing. The sample will be tested for compliance with Product Specifications (Section 1.2). Samples will be evaluated by the Government within 5 working days from the date received.

1.5 Warranty.

I. The contractor shall provide the Government at least the same warranty terms offered to the general public in customary commercial practice. At minimum, the contractor shall guarantee product quality for full compliance with contract specifications, terms and conditions for 60 days from the date of delivery, inspection, and acceptance.

II. The USDA reserves the right to preform follow up testing for the above contaminants on any shipment received for at least 60 days from the date of delivery, inspection, and acceptance and can return the shipment to the vendor for credit if found contaminated.

III. In the event the shipment is rejected, it is the contractor’s responsibility to replace the product in a timely manner in accordance with contract clause 52.212-4.

B. PERIOD OF PERFORMANCE

This BPA is effective from date of award and not to exceed five (5) years. Per FAR 13-303-6. The Contracting Officer and individuals and/or organization component authorized to place BPA calls will ensure the BPA is reviewed at least annually and updated at that time to make new arrangements or modify existing arrangements, and to validate the need for this BPA. Unilateral termination of this BPA may occur at any time by either party by submitting a notice in writing within 30 days of termination.

C. EXTENT OF OBLIGATION

The Government is obligated only to the extent of authorized calls actually placed against this BPA.

The aggregate dollar limitation is One-hundred and fifty thousand Dollars ($250,000.00).

D. PRICING

1. The Prices to the Government for all supplies under this BPA shall be as low, or lower than those charged the supplier’s most favored customer for comparable supplies under similar terms and conditions.

2. All cost to include but not limit to: overhead, general and administrative, profit, and insurance.

3. Calls shall only use pricing on the BPA schedules.

E. CALL LIMITATION

Calls placed by individuals authorized under this BPA shall not exceed the dollar limitation listed on the Individuals Authorized to Place Call Orders:

BPA Maximum Aggregate Dollar Limit: $250,000.00 BPA Call Limit: $75,000 or Cardholder limit

F. INDIVIDUALS AUTHORIZED TO PLACE ORDERS

Special Requirements:

The vendor hereafter referred to as "the contractor". The contractor shall fully comply with all specifications, clauses and terms and conditions in BPA.

1. The contractor shall acknowledge all orders via facsimile, telephone, or electronically. If an item is not available for delivery, the contractor shall notify the USDA-APHIS-PPQ and give them the option to cancel the order or place the item on back order.

2. The contractor shall ensure that all costs for performing under this BPA, including delivery, payment by purchase card, reporting, and any other deliverables or requirements set forth in this BPA, are included in the prices for the supplies ordered. Shipping and handling costs are to be included in the prices for supplies. Unless specifically authorized in the BPA, the USDA-APHIS- PPQ will not be responsible for paying for any costs or prices other than those for the supplies ordered, received and accepted by the USDA-APHIS-PPQ. The contractor shall not bill the USDA-APHIS-PPQ for any items on back order until such items are shipped.

3. All payments for purchases under this BPA will be made by the USDA-APHIS-MRPBS

Contracting Personnel

4. The contractor shall package supply orders separately for each order placed and label packages with specific addresses. The contractor shall ensure printed material provided to the USDA/APHIS/PPQ Personnel (labels, packing slips, etc.) are uniform regardless of location.

5. Billing Instructions for Treasury Deposit Orders:

• Please show Delivery Order Number on Invoice

• Payment is 30days After Receipt of Supplies or Services and upon acceptance of proper invoicing in accordance with Prompt Payment Act (31 U.S.C. 3903)

• For Invoice Processing and Payment.

Please see https://www.ipp.gov/vendors/enrollment-vendors.htm and submit invoices through the Invoice Processing Platform (IPP) Enroll at https://www.ipp.gov/ For customer Service Info regarding enrollment Please see https://www.ipp.gov/vendors/enrollment-vendors.htm IPP is a secure, web-based system that manages government invoicing.

The contractor must follow the instruction on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury

• The U.S. Department of Agriculture is a tax exempt agency. (Exempt from state and Federal tax) Tax ID Number : 41-0696271. Tax Exempt # 471640000

G. RECEIPT AND ACCEPTANCE OF SERVICES

Receipt of services shall be indicated by signature and date on the appropriate form by the authorized Government representative. Acceptance is in accordance with FAR 52.212-4 (a)

Delivery Address/ Shipping Instructions/Loading Dock Limitations/Restrictions

The product will be delivered to the following address:

USDA Mexican Fruit Fly Rearing Facility Moore Air Base, Main Facility Management Services Warehouse 22675 North Moorefield Road Bldg #6418 Edinburg, TX 78541

Delivery Requirements:

1. Please ship the pallets shrink-wrapped.

2. Warehouse Receiving Hours: 7:30AM-2:45PM CST Monday through Friday

3. The warehouse POC Joaquin Jimenez/Phone: (956) 566-9251

4. Receiving dock is present but, it is not self-leveling.

5. Product shall be packaged in 50 pound paper bags. Each shipment shall be palletized and shrink wrapped on the pallet. The shrink wrapped pallets shall have not more than 40 bags per pallet.

H. CONTRACT ADMINISTRATION

POINTS OF CONTACT

All correspondence and or questions pertaining to this BPA should be directed to:

Carol Dingess Contracting Officer

USDA/APHIS/MRPBS/AAMD

2150 Centre Drive Bldg B (2E06) Ft. Collins, CO Office: 970-494-7360 Fax: 970-472-1897 Carol.Dingess@aphis.usda.gov

USDA/APHIS/PPQ Point of Contact:

Buddy Roper Director, Mexican Fruit Fly Rearing Facility, APHIS-PPQ

USDA-APHIS-PPQ-RMS

Bldg 6420, Moore Air Base 22675 N Moorefield Road Edinburg TX 78541 Office: 956-205-7684 Cell: 956-340-3351 Email: buddy.d.roper@usda.gov mailto:buddy.d.roper@usda.gov

I. MODIFICATION OF THIS BPA

At any time the Contracting Officer may modify this BPA to change, add, or delete some of the terms or conditions. Whenever you receive a modification, always read it in its entirety. Modifications are in accordance with FAR 52.212-4 ( c ) Contract Terms and Conditions—Commercial Items. Contracting office will ensure the modification is placed in the BPA file.

J. BPA CLOSE-OUT

The Program Contract Administrator should coordinate with the Contractor and Financial Management to make sure all payments are made before the close-out.

CLAUSE ADDENDUM

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://acquisition.gov/far/ http://www.dm.usda.gov/procurement/policy/agar_x/agarbase/index.html

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

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.204-18 Commercial and Government Entity Code Maintenance. (Jul 2016)

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

52.232-37 -- Multiple Payment Arrangements (May 1999)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Aug 2019)

(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 https://acquisition.gov/far/ http://www.dm.usda.gov/procurement/policy/agar_x/agarbase/index.html

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 89(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).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:

[Contracting Officer check as appropriate.]

___ (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 (Jun 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 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)).

___ (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 (Nov 2011) (15 U.S.C. 657f).

(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).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

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

X (28) (i) 52.222-26, Equal Opportunity (Sep 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).

___ (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). (E. O. 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 Television (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. 13696).

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

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

X (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 (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (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)).

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

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

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

X (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:

[Contracting Officer check as appropriate.]

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

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

___ (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).

___ (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).

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

(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 (Jan 2019) (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 (1) of FAR clause 52.222-17.

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

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (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 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)

CLAUSES IN FULL TEXT:

52.204-21 – Basic Safeguarding of Covered Contractor Information Systems. (Jun 2016)

(a) Definitions. As used in this clause--

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the

Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual

(Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information

(CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

CLAUSES IN FULL TEXT:

52.209-4 -- First Article Approval -- Government Testing. (Sep 1989)

(a) Prior to each delivery, the contractor shall supply a 5-pound sample bag (First Article) of the Wheat Germ Meal for testing by the Government. The sample shall be received three weeks prior to each delivery. All samples for testing shall be delivered to the address below.

USDA-APHIS-PPQ Mexfly Rearing Facility

ATTN: BUDDY ROPER

22675 North Moorefield Road, Building 6418 Edinburg, Texas 78541

(b) Within 30 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article.

The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor --

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

452.211-5 Period of Performance(FEB 1988).

The period of performance of this contract is from Date of Award and not to exceed five years.

Year 1 of 5 Date of Award – 09/30/2020 Year 2 of 5 10/01//2020 – 09/30/2021 Year 3 of 5 10/01//2020 –09/30/2021 Year 4 of 5 10/01//2020 – 09/30/2021 Year 5 of 5 10/01//2020 – 09/30/2021

452.216-74 Ceiling Price. (FEB 1988)

The ceiling price of this contract is $ 250,000.00 . The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

BPA Provisions:

Basic Provisions

52.252-1 -- Solicitation Provisions Incorporated by Reference. (Feb 1998)

Solicitation Provisions Incorporated by Reference This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://acquisition.gov/far/

52.204-16 Commercial and Government Entity Code Reporting. (Jul 2016) 52.204-7 System for Award Management(Oct 2018) 52.212-1 -- Instructions to Offerors -- Commercial Items. (Oct 2018)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Oct 2018)

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 (u)) of this provision.

(a) Definitions. As used in this provision--

“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—

(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 https://www.sam.gov/ 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;

(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—

(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…