36C24420Q0830 Fire Sprinkler Tamper Flow.pdf

Contract Opportunity

Combined Synopsis/Solicitation Notice

PRODUCT SERVICE CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE/TIME/ZONE

ARCHIVE DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION * See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice

N048

Fire Sprinkler Tamper/Flow Valve PIV Installation Corporal Michael J. Crescenz VAMC

18711

36C24420Q0830

07-24-2020 4PM EASTERN TIME, NEW YORK, USA

N

SBA

238220

Department of Veterans Affairs Network Contracting Office 4 Services 1 1111 East End Boulevard Wilkes-Barre, PA 18711

Maricela Everitt maricela.everitt@va.gov

Department of Veterans Affairs Corporal Michael J. Crescenz VAMC

3900 Woodland Avenue Philadelphia PA

19104

USA

General Information

Document Type Combined Solicitation/Synopsis Solicitation Number 36C24420Q0830 Posted Date 7/14/2020 Original Response Date 7/24/2020 4PM EST Product or Service Code N048 Set Aside Small Business NAICS Code 238220

Contracting Office Address 1111 East End Boulevard, Wilkes-Barre PA, 18711

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Solicitation is issued as a Request for Quote (RFQ), and the solicitation number is 36C244-20- Q-0830.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2020-07 effective July 2, 2020, and the Veterans Affairs Acquisition Regulations (VAAR).

The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil.

This Solicitation is being competed Total Small Business Set-Aside. The NAICS Code is 238220

– Plumbing, Heating, and Air-Conditioning Contractors and the business size standard is $16.5 million.

The Wilkes-Barre, PA Contracting Office is seeking to purchase services for Fire Sprinkler Tamper/Flow Valve PIV Installation located at the Veterans Affairs Medical Center in Philadelphia, PA. The Statement of Work (SOW) is enclosed.

Service Contract Act Wage Determination No. 2015-4233, Revision No. 16, dated 4/21/2020, applies to this acquisition and will be incorporated into the resulting contract. A copy of the Wage Determination is included with this solicitation as Attachment 1.

This is a new procurement. It does not replace an existing contract. No prior contract information exists.

Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are enclosed. All offerors are advised to pay careful attention to the quote submission instructions as there are very specific instructions as what is required to be provided.

The applicable line item/CLIN is enclosed.

The delivery/task order period of performance (POP) will begin upon award of contract.

Any award resulting from this solicitation will be issued on a Standard Form 1449.

In accordance with FAR 4.1102 and FAR 52.204-7 (b)(1) offerors must be registered in the System for Award Management (SAM) database at time of quote submission and at time of award. Registration may be done online at: www.acquisition.gov or www.sam.gov.

Contractors are advised that any and all questions concerning this solicitation must be sent in writing to the Contracting Office at NCO 4, Wilkes-Barre, PA. Questions may be sent via email to Ms. Maricela Everitt at Maricela.everitt@va.gov. No questions will be answered after 17 July 2020 12:00 PM EST.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the contract specialist. Maricela Everitt at Maricela.everitt@va.gov

Point of Contact Maricela Everitt Contract Specialist Service 1 (Physical Plant Support Service) Department of Veterans Affairs/Service Area Office East/Network Contracting Office 4 Phone (570) 824-3521x24023 1111 East End Boulevard, Wilkes-Barre, PA 18711

End of Document

STATEMENT OF WORK

FOR

FIRE SPRINKLER TAMPER/FLOW VALVE PIV INSTALLATION

CORPORAL MICHAEL J. CRESCENZ VETERAN’S AFFAIRS MEDICAL CENTER

1. LOCATION

The primary site for this contract is Corporal Michael J. Crescenz Veteran’s Affairs Medical Center, which is located at 3900 Woodland Ave Philadelphia PA 19104. Additional facilities off site are listed below.

2. SUB DIVISIONS IN THIS CONTRACT INDLUDE: FIRE SPRINKLER FLOW/TAMPER

SWITCH INSTALLATION

Buildings 2, 5, 6, 15. Installation – Five (5) new Post Indicator Valve (PIV) Pressure

Switches or equal product at each of following locations.

Building 2 PIV Rear - Loading Docks Trench Path will be shoveled to building wall.

Approved brand name conduit or equal product will be laid to building wall up to floor level of Locker room to ceiling height interior run to Signal Loop Circuit identified by Manual Pull Station at entrance next to dock.

Building 2 PIV Side - opposite Bldg. 31 Trench 6” Wide 18” deep for conduit installation Concrete Sidewalk will be Saw Cut 1- 6’ slab 6” wide to building wall and replaced with concrete. Exterior piping underground will be brand name or equal product, wall mounted conduit to exterior of brick and converting inside building to interior piping back to closest Fire Alarm Control Panel in Bldg. 2 or Signal Loop Circuit.

Building 15 PIV on Lawn - Side of Bldg. Shovel trenching to Building 18” deep approved brand name conduit or equal product laid to building wall mounting conduit to exterior of brick and converting inside the building to approved interior conduit up wall to drop ceiling through space to above the Fire alarm Panel piped down to panel, terminated in the panel.

Building 5 PIV Front Lawn Shovel trench to Building 18” deep approved brand name conduit or equal product laid to building wall mounting conduit to exterior of brick and connect to interior existing approved conduit. New wire run back to closest signal loop circuit, replacing failed connection.

Building 6 PIV Lawn – Side of Building Piping and Wiring intact PIV Pressure Switch will be replaced with new Weatherproof device.

Materials Includes o Five (5) new brand name or equal product wet pipe PIV Pressure Switches approved and rated for this type installation o One (1) brand name or equal product approved conduit used in underground exterior trenching to complete installations o One (1) brand name or equal product approved conduit used in all interior piping with non-painted couplings and connections o One (1) Lot Fire Plenum rated Wire

3. WORK TO BE ACCOMPLISHED

a) The work consists of furnishing all labor, travel, testing, testing equipment and materials to perform all maintenance and repairs required by National Fire Protection Association (NFPA) 72 on Fire Alarm Protection Systems.

b) Qualifications: Technicians shall be qualified in accordance with the NFPA 72, the Fire Alarm and Signaling code. The contractor shall also have 7 years working on fire Systems. Generator contractor or electrician is not an acceptable qualification. Personnel performing testing and inspections shall be National Institute for Certification in Engineering Technologies (NICET) Level III certified inspector. Personnel performing maintenance of the system need to follow NFPA 72 regulations regarding the use of materials and supplies for repairs. The contractor will provide personnel as need to verity the points/contacts of systems attached to Fire Alarm Protection System.

c) All repairs and maintenance to be performed in accordance with NFPA 72. The contractor will provide personnel to verify that all points/contacts monitored on the installed system listed report to the main fire alarm panel.

d) Prior to performing any required work, a schedule will be submitted to and coordinated with the Contracting Officer Representative (COR), Safety Manager or Electrical Shop Supervisor.

e) The contractor is responsible for having their personnel cleared through Veterans

Administration Police and Tuberculous TB screening completed before performing the maintenance.

f) INSPECTION REPORTS

1) As the work is completed, a description of the system condition, corrective measures, and any other special notes (tests conducted, and maintenance work performed) are annotated on the maintenance software inspection form. The form will be electronically signed by the service technician.

2) The contractor will furnish inspection, testing and maintenance reports and recommendations with the Safety Office Department within two (2) working days of said system check.

g) REPAIRS, SPARE PARTS AND TEST EQUIPMENT.

1) All spare parts maintained by the contractor will meet or exceed conformity with National Fire Code (NFPA) Standards.

2) All equipment shall be labeled; bar coded; installed in maintenance software and listed for compliance with appropriate PVAMC standards.

3) Service technicians are to be equipped with all tools and test equipment necessary for preventive maintenance and field repair of fire protection systems and devices.

h) PVAMC FIRE ALARM PERMIT PROGRAM

1) The contractor will submit Fire Alarm permits to the PVASO for approval prior to the start of any work on the fire alarm system.

2) Once approved by the VASO, the contractor will take the Fire System permit to the Electric Shop and VA Telephone Operator for system disabling.

3) The contractor cannot commence work until they have been notified by the Electrical Shop that the system has been disabled.

4) The Fire Alarm permit can be revoked at any time if provisions outlined by the Safety Office on the permit are not followed.

5) After the work is completed, the contractor shall notify the Electric Shop and VA Telephone Operator for system re-enabling.

6) Once the fire alarm system has been re-enabled, the contractor shall notify the Safety Office that they are completed and the status of the system.

7) At no time shall the contractor leave PVAMC without notifying the PVASO of the status of the system and when applicable, the time of repair.

i) APPLICABLE STANDARDS AND REGULATORY GUIDANCE

1) The following standards will be utilized for performing work contained in this Statement of Work:

2) National Fire Protection Association (NFPA) Standards:

3) NFPA 70, 72

4) Technical and Construction Drawings are available for review for trenching and electrical purposes, if needed.

5) Fire Alarm System Operation and Maintenance Manual is located in the Safety

Office.

6) Maintenance Software program is maintained by On-Site Software.

7) MAINTENANCE, REPAIR PROCESS

i. All maintenance and repair shall include the technician to use a PDA provide by PVAMC.

ii. The technician will shoot every device’s bar code for the inspection and/or testing being conducted. He will answer all required information on the PDA and make notes in the PDA notes section if there is a discrepancy.

j) VISUAL INSPECTION AND TESTING

a) All installed/replaced devices will be visually inspected per NFPA 72, and electronically tested from the device to the fire alarm control panel for operational verification.

k) AFTER PROJECT MAINTENANCE

1) Installed/replaced equipment shall be maintained in accordance with the manufacturer’s published instructions for the noted warranty period (typically one (1) year).

2) Any installed/replaced device which experiences an operation problem will be promptly repaired/replaced by the contractor at no cost to the VA.

3) Testing shall be conducted during normal PVAMC operations, unless prior approval has been granted by the PVASO.

l) REPORTS

1) Reports will be given to PVAMC Safety Office no later than two (2) days after testing and/or inspections are completed.

2) All reports shall be in the format of the Site-Specific Software system (On-Site Software) being used.

4. ADDITIONAL SERVICE AGREEMENTS.

The following will be offered/required to/of the vendor during the length of the contract.

a) The contractor will provide a minimum of four (4) qualified staff assigned to this facility during the length of the contract in order to assure familiarity and continuity of the systems.

1) Any changes in personnel must be notified to the VASO 30 days prior to change (unless it involves an emergency staff change) in order to allow the new staff to be brought up to speed on the contract and systems.

b) The contract will be for a one (1) year period.

c) The contract hours will normally be:

1) Monday through Friday

2) 7:30 a.m. to 4 p.m. unless otherwise agreed upon by both the VA and Contractor.

3) Off hours (after 4 p.m. to 7:00 a.m. or weekends/holidays) may be approved for emergency services or work required to be completed when minimal staff/patients are in the facility.

d) All contractor staff shall be required to follow the certification standards found in NFPA 72 regulations. This includes but is not limited to:

1) Fire Alarm systems, parts, installation, repair, testing and maintenance of such.

PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

Install 5 new PIV tamper switches in multiple buildings IAW SOW.

Contract Period: Base POP Begin:

POP End:

GRAND TOTAL __________________

DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veterans Affiars Philadelphia VA Medical Center 3900 Woodland Avenue Philadelphia, PA 19104 4551

USA

1.00

CONTRACT CLAUSES

FAR

Number

Title Date

52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

OCT 2018

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract:

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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION

2019-01)

(a) Definition. "Small business concern," as used in this clause, 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 size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs (d)(1)(i) through (iii) of this clause have not been waived by SBA in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

(End of Clause)

VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Addendum to 52.212-4)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JUN 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).

(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:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), 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 (JUN 2020) (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 (JUN 2020) (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. (JUN 2020) (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 (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (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 (JUN 2020) (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 (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (35)(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).

[] (36) 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.)

[] (37)(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.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(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.

[] (41)(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.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C.

8259b).

[] (43)(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] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (49)(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.

[] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 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).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[] (63)(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:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

Employee Class Monetary Wage-Fringe Benefits

WG-4206-9 $ 25.88 + FB

[] (3) 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).

[] (4) 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).

[] (5) 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).

[] (6) 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] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 (JUN 2020) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 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.

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

(xiii)(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).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 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).

(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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.

CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: Attachment 1. Philadelphia Pa Philadelphia County WD 2015-4233

REV 16 DATED 04.21.2020.

SOLICITATION PROVISIONS

Number

Title Date

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

JUN 2020

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

Addenda to 52.212-1:

Reference word “offer”: delete “offer” and insert “quote” in its place.

Reference word “offeror”: delete “offeror” and insert “vendor” in its place.

Reference paragraph (c) period for acceptance of quotes: delete “30 calendar days” and insert “60 calendar days” in its place.

The following paragraphs are hereby deleted from this provision: (d) product samples, (e) multiple offers, and (h) multiple awards.

I. Quote Submission Instructions:

A. Failure to follow the instructions below may result in elimination from award consideration or a non-responsive determination.

1) Quotes shall be sent electronically via e-mail.

2) All quotes shall include one (1) separate electronic copy of each of the Section listed below.

The Sections must be clearly identified as described below (either as the title of the document or on the actual document).

3) No price information shall be included in the technical section. If pricing information is found in the technical section, the quote will automatically be considered non-responsive and not evaluated.

B. Section I Administrative/Regulatory. Page limit: None. Please be advised that this Section is not sent for technical evaluation.

1. Completed certifications and representations located at FAR 52.212-3, or an indication that said certifications and representations are current and located in the SAM database. Signed acknowledgements of amendments (SF30). Applicable only if any amendments are issued against this solicitation.

2) Vendors are advised that the requirements of 13 CFR § 125.6 may be applicable to this solicitation and shall respond accordingly. The vendor shall include a narrative regarding subcontractors and a detailed description of how the offeror plans to adhere to the requirements of 13 CFR § 125.6. This narrative shall describe what tasks the prime will perform and what tasks the subcontractors will perform. The response shall also provide the subcontractor’s business name and DUNS. If the offeror does not plan to use subcontractors, they need to respond accordingly. Failure to provide the requested information regarding 13 CFR 125.6 may result in a non-responsive determination.

3) In accordance with FAR 4.1102 and FAR 52.204-7 (b)(1) offerors must be registered in the System for Award Management (SAM) database at time of quote submission and at time of award. Registration may be done online at: www.acquisition.gov or www.sam.gov.

C. Section II Technical. Please note this section is not sent for Technical Evaluation. Page limit: 10 pages including any coversheets and table of contents. Page count does not include certifications.

1) Vendors shall provide a narrative which fully demonstrates how the offeror intends to meet the requirements of the Statement of Work (SOW). A cut and paste of the SOW as the offeror’s response is not an acceptable response.

D. Section III Redacted Technical. Redacted copy of Section II. Page limit: 10 pages including any coversheets or table of contents. Page count does not include certifications.

The redacted copy is the document that will be sent to the technical evaluators for the technical evaluation. The redaction should eliminate any identifying data. The purpose of the redaction is an attempt to hold an unbiased evaluation.

E. Section IV Price. No page limit. Please note, this section is not sent to the technical evaluators.

II. Evaluation of Quotations of Offers IAW FAR 13.106-2(b)(3)

The Government intends to issue a single purchase order in response to this solicitation.

A comparative evaluation of quotes will be performed in accordance with FAR 13.106-2(b)(3) based on the following:

1. Price— Government reserves the right to award to a offeror with other than the lowest price. Award will be made to the offeror whose quote represents the best overall value to the government.

2. Technical—Offeror clearly demonstrates in its response a clear understanding of all the Government’s requirements and effective approach in the completion of service in accordance with the SOW. Certifications are provided and qualifications listed in SOW are addressed.

3.. Past Performance—Offerors must have a record of satisfactory or neutral past performance. If no record of past performance is found, the Offeror will receive a rating of neutral. The Government will utilize but is not limited to internal documentation including Federal Awardee Performance and Information System (FAPIIS) for determining the past performance of offerors.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

JUL 2016

52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known);

and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of Addendum to 52.212-1)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 2020)

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.

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…