80JSC024QA008 RFQ Amendment 2.pdf

This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

This notice is being issued as a Request for Quotations (RFQ) under solicitation number (80JSC024QA008) for One (1) pre-cast, post-tensioned concrete transportable building to be acquired for use as a battery testing control room in the Energy Systems Test Area, NASA/Johnson Space Center, Houston, Texas, 77058.

The provisions and clauses in the RFQ are those in effect through FAC 2024-03. This acquisition is a total small business set-aside.

The NAICS Code and Size Standard is 238120 and 500 of employees respectively.

The offeror shall state in their offer their size status for this acquisition.

All responsible sources may submit an offer which shall be considered by the agency.

Delivery to NASA Johnson Space Center (JSC) 2101 NASA Parkway, Houston, TX 77058 is required within 12 -14 weeks after receipt of approved drawings and Computer Aided Drafting (CAD) files. Delivery shall be Free On Board (FOB) Destination.

Offers for the item(s) described above are due by Monday April 22, 2024 by 3:00pm Central Time to Irelita Jones at Irelita.c.jones@nasa.gov and Maya Evans at maya.e.evans@nasa.gov and must include, solicitation number, FOB destination to this Center, proposed delivery schedule, discount/payment terms, warranty duration (if applicable), taxpayer identification number (TIN), identification of any special commercial terms, and be signed by an authorized company representative. Offerors are encouraged to use the Standard Form 1449, Solicitation/Contract/Order for Commercial Items form found at URL: https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items.

There are clauses and provisions that are incorporated by reference into this solicitation and the full text of the clauses and provisions may be accessed electronically at: FAR - https://www.acquisition.gov/browse/index/far NFS -https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

Offerors shall provide the information required by FAR 52.212-1, Instructions to Offerors-Commercial Items, (SEP 2023) which is incorporated by reference. Addenda to FAR 52.212-1 are as follows: (insert addenda).

If the end product(s) offered is other than domestic end product(s) as defined in the clause entitled "Buy American Act -- Supplies," the offeror shall so state and shall list the country of origin.

SELECTION WILL BE BASED ON LOWEST PRICE TECHNICALLY

ACCEPTABLE SOURCE SELECTION PROCESS (FAR 15.101-2).

The following factors are in order of consideration and shall be used to evaluate offers.

1) Technically Acceptable: Technical acceptability will be determined by the review of information submitted by the offeror which much provide a description in sufficient detail to show that the product offered meets the Government's requirement.

2) Price: All offerors shall present a complete Firm Fixed Price (FFP) amount for the contract. There shall be no contingencies. An offeror who presents a contingency within its price may be found unresponsive and subsequently ineligible for award.

Offerors shall build in any and all potential risks or price adjustments within its FFP amount. The offeror who presents the lowest FFP offer that is found to be technically acceptable and is otherwise considered responsible and eligible for award, IAW FAR 9.104, will be determined to be the winning offeror.

3) Past Performance: Past performance shall be used in the evaluation process. Offerors should identify past or current contracts (including Federal, State, and local government and private) for efforts similar to the Government requirement. Offers may provide information on problems encountered on the identified contracts and the offeror’s corrective actions. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror’s past performance. The source selection authority shall determine the relevance of similar past performance information.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is so sparse and/or not available, the offeror may not be evaluated favorably or unfavorably on past performance.

If the contracting officer determines that a small business’ past performance is not acceptable, the matter shall be referred to the Small Business Administration for a Certificate of Competency determination, in accordance with the procedures contained in subpart 19.6 and 15 U.S.C.637(b)(7)).

All offerors shall include a completed copy of FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items, (FEB 2024) Alt I (FEB 2024), or complete electronic annual representations and certifications at SAM.gov with its offer.

FAR 52.212-4, Contract Terms and Conditions-Commercial Items, (NOV 2023) are attached.

FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, FEB 2024) is applicable.

NASA Clause 1852.215-84, Ombudsman, is applicable. The Center Ombudsman for this acquisition can be found at:

https://www.hq.nasa.gov/office/procurement/regs/Procurement-Ombuds-Comp- Advocate-Listing.pdf

This posting, in addition to any attached documents, will be available on www.Sam.gov. Potential offerors will be responsible for downloading their own copy of this combination synopsis/solicitation and amendments (if any).

Prospective offerors are encouraged to notify this office of their intent to submit an offer. All contractual and technical questions must be submitted electronically via email to Irelita Jones at irelita.c.jones@nasa.gov and Maya Evans at maya.e.evans@nasa.gov not later than Monday, April 17, 2024 by 12:00 PM Central Time. Telephone questions will not be accepted.

Responses to this combined synopsis/solicitation must be received via email to Irelita Jones at irelita.c.jones@nasa.gov and Maya Evans at maya.e.evans@nasa.gov no later than Wednesday, April 22, 2024 by 3:00 PM Central Time.

The Government is not responsible for any failure attributable to the transmission or receipt of documents submitted using electronic means, including the missing of any established deadlines.

Failure to submit a complete electronic proposal by the due date and time specified for this RFQ shall result in the proposal being considered late and shall be handled in accordance with FAR 52.212-1 Instructions to Offerors - Commercial Items (SEP 2023).

Payment terms are in accordance with FAR 52.232 as listed in the Terms and Conditions. Contract financing, such as Progress Payments, is not intended to be provided under this contract. However, if the offeror makes a compelling case as to why contract financing may be in the best interest of the Government, it may be considered at the sole discretion of the Contracting Officer.

1.01 SUMMARY

STATEMENT OF WORK (SOW) Revision 1

TO PROVIDE 1 PRE-CAST PREFABRICATED

CONCRETE BUILDINGS TO B354P

PART I - GENERAL

Contractor to furnish One (1) pre-cast, post-tensioned concrete transportable building for use as a battery testing control room in the Energy Systems Test Area, NASA/Johnson Space Center, Houston, Texas, 77058.

Building to be delivered and placed on prepared concrete pad foundation in accordance with manufacturer’s recommendations. Pre-cast building to be EASI-SET brand or approved equal.

Building to be provided by manufacturer with all necessary openings as specified in conformance with manufacturer's structural requirements.

1.02 CODES, STANDARDS AND REFERENCES

ACI-318-02, “Building Code Requirements for Structural Concrete”.

ASCE-7-02, “Minimum Design Loads for Buildings and Other Structures”.

2003 IBC, “2003 International Building Code”.

PCI Design Handbook, Precast/Prestressed Concrete Institute.

UL 752, Standard for Safety for Bullet Resisting Equipment, Underwriters Laboratories Inc.

“Manual of Standard Practice”, Concrete Reinforcing Institute.

ASTM, American Society for Testing and Materials:

C150 - Standard Spec. for Type I and Type II – Low Alkali Portland Cement.

C33 - Standard Spec. for Concrete Aggregates.

A36 - Standard Spec. for Carbon Structural Steel.

A615 - Standard Spec. for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement.

A706 - Standard Spec. for Low-Alloy Steel Deformed and Plain Bars for Concrete Reinforcement.

A416 - Standard Spec. for Steel Strand, Uncoated Seven-Wire for Prestressed Concrete.

A185 - Standard Spec. for Steel Welded Wire Fabric, Plain, for Concrete Reinforcement.

A307 - Standard Spec. for Carbon Steel Bolts and Studs, 60,000 PSI Tensile Strength.

A123 - Standard Spec. for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products.

A153 - Standard Spec. for Zinc Coating (Hot-Dip) on Iron and Steel Hardware.

1.03 QUALITY ASSURANCE

A. Walls to be UL-752 Test Method Level 4 for bullet resistance, certified by an independent structural engineer and may be uninsulated.

B. Building fabricator must have a minimum of 5 years of experience manufacturing pre-cast concrete buildings.

C. No alternate building designs to the pre-engineered EASI-SET building will be allowed unless preapproved by the owner TEN (10) days prior to the bid date.

1.04 DESIGN REQUIREMENTS

Dimensions:

Exterior: One (1) building 14' x 40' x 14’

Interior: 13'-6" x 39'-6" x 13’-6”

Standard Design Loads:

Standard Wind Loading - 140 MPH (ASCE 7-02, Category II, Exposure C, Enclosed Building)

Standard Roof Live Load - 60 PSF

Standard Floor Live Load - 250 PSF

Seismic Design category ‘D’, Seismic use Group I

Roof: Roof panel shall be sloped 1” from front to back. The roof shall extend a minimum of 3" beyond the wall panel on each side and have a turndown design which extends 1/2" below the top edge of the wall panels to prevent water migration into the building along top of wall panels.

Roof shall also have an integral architectural standard edge.

Floor: There shall be a 1/2” deep recess, the width of the wall panels, cast into the floor. The 1/2” recess makes the interior floor surface 1/2” higher than the joint between the wall panel and floor slab preventing intrusion of water.

Roof, floor, and wall panels must each be produced as single component monolithic or segmented panels. Roof, floor, or vertical wall joints and at corners will be allowed. Wall panels shall set on top of floor slab.

Wall: The walls that are on the front of the structure, same side as the double doors, should have a 2 ft cut out for cable passthroughs at 2ft from the end of the structure. There should be a 2ft cut out on each side of the structure. The schematic below shows an example.

NOTE: The schematic(s) below is/are an example from a current concrete building at JSC. It is intended to be a guide. Therefore, not all dimensions may perfectly align for the structured being requested. Respondents are responsible for validating measurements and pricing on structure bid match the SOW.

1.05 SUBMITTALS

Building engineering calculations that are designed and sealed by a professional engineer, licensed in the state of manufacture, shall be submitted for approval.

PART 2 - PRODUCTS

2.01 MATERIALS

Concrete: Steel-reinforced, 6000 PSI minimum 28-day compressive strength.

Reinforcing Steel: ASTM A615, grade 60 or ASTM A185, grade 80 unless otherwise indicated.

2.01 MATERIALS (cont.)

Post-tensioning Strand: 41K Polystrand CP5O, .50, 270 KSI, 7-wire strand, greased plastic sheath, (ASTM A416), roof and floor to be each post-tensioned by a single, continuous tendon.

Said tendon shall form a substantially rectangular configuration having gently curving corners and a corner where the tendon members are anchored. Tendons shall be greased and enclosed within a sheath.

If post-tensioning is not used in the roof panel, the following guidelines must be followed to ensure a watertight roof design.

The entire pre-cast concrete roof panel surface must be cleaned and primed with a material that prepares the concrete surface for proper adherence to the coating material.

The entire pre-cast concrete roof panel surface shall be sealed with a .045 EPDM continuous membrane cemented to the concrete with a compound designed for this purpose.

Caulking: All joints between panels shall be caulked on the exterior and interior surface of the joints. Caulking shall be SIKAFLEX-IA elastic sealant or equal. Exterior caulk joint to be 3/8" x 3/8" square so that sides of joint are parallel for correct caulk adhesion. Back of joint to be taped with bond breaking tape to ensure adhesion of caulk to parallel sides of joint and not the back.

Panel Connections: All panels shall be securely fastened together with 3/8” thick steel brackets. Steel is to be of structural quality, hot-rolled carbon complying with ASTM A36 and hot dipped galvanized after fabrication. All fasteners to be 1/2" diameter bolts complying with ASTM A307 for low-carbon steel bolts. Cast-in anchors used for panel connections to be Dayton- Superior #F-63, or equal. All inserts for corner connections must be secured directly to form before casting panels. Floating of connection inserts will not be allowed.

2.02 ACCESSORIES

Door and Frame: Shall comply with Steel Door Institute "Recommended Specifications for Standard Steel Doors and Frames” (SDI-l00), and as herein specified. The building shall be equipped with two double 3'-0"x 10'-0" x 1-3/4", 18-gauge steel doors, with insulated core and galvanized. Doors shall open outwards. Frames shall be 16-gauge galvanized steel.

Doors and frames shall be painted with one coat of rust inhibitor primer and one finish coat of epoxy paint, medium gray, if no other color is specified.

Windows: Shall be certified for compliance with wind design pressures for components and cladding. The building shall be equipped with two 1’ x 3’ windows on both sides of the double door. The windows shall be above the double door but offset. The schematic below shows an example.

Door Hardware:

Install awning above doors.

Handles: Lindstrum pull-handle stainless steel, 8-1/2” x 2”, or passage knob or equal.

Locksets: Schlage lever lock.

Deadbolts: Schlage stainless steel keyed outside only or equal.

B. Door Hardware (con’t)

Hinges: Hagar stainless steel five knuckle ball bearing with non-removable pins or equal.

Threshold: Hagar or National Guard Products extruded aluminum with neoprene seal or equal.

Drip Cap: Hager or National Guard Products aluminum with stainless steel screws or equal.

Door Closer: Norton 7500 or Yale 4410 with hold open or equal.

Surface Bolts (Upper and Lower): Magnokrom Inc. 400-401 cadmium plated finish or equal, as required for double doors.

Astragal: Galvanized steel, same finish and brand as door, as required for double doors.

Door Stop: Ives 445B26D brushed chrome (inactive leaf only) or equal, as required for double doors.

2.03 FINISHES

Painted colors: Exterior concrete walls (Silver Fox 9240-M), Interior Walls (Shale 9438-N), Door Frames (Semi-Glass Black), Doors and Roof Edges (Denium #9458-N).

Building: Interior and exterior wall surface shall be concrete (smooth concrete). Smooth steel form finish on all interior panel surfaces. Paint all interior surfaces to TBD color.

Aggregate must be seeded into top of panel while in form, chemically retarded, and high-pressure water-washed to expose the aggregate to a depth of 1/8". As noted on drawings.

2.04 Special Requirements

2.04.1 Provide two (2) 72” wide 3-hour fire rated 18 ga. steel double doors with 16 ga. steel frame with standard hardware.

2.04.2 Dead bolt lock with pull handle, S.S. tamperproof hinges, door closer with hold open capability on all doors.

2.04.3 Extruded aluminum threshold with weather strip and 3" Hager or National Guard drip cap over doors.

2.04.4 Furnish (4) hot-dip galv. anchor angles/plates with bolts and drop-in anchors.

NOTE: Anchors are to be bolted to the lifting embeds in the floor slab and the S.S. drop‐in anchors (2 per anchor) are to be drilled and installed in the foundation by the contractor.

2.04.5 Provide three (3) through holes a minimum of 3” and a maximum of 4”in diameter, for electrical cables, data line, a single 2’ X 2’ steel reinforced feed through will also be provided with bolt holes to fasten plates on both sides.

2.04.6 Provide 1 pass through near double door to facilitate a 1” water line for sprinkler and water connections inside building.

2.04.7 Provide two (2) 2’ x 3’ cable feed though openings (locations TBD).

Electrical

2.04.8 Qty. 1 Electrical supply panel, 400-amp, 208/120 VAC, 3Phase/4W, 60Hz, with a 400 amp main breaker and bolt on circuit breakers.

2.04.9 Qty. of Six (6) - 110VAC, 20 amp quad outlets shall be provided inside the building with 1 quad outlet on each interior wall. All outlets shall be properly wired GFCI type outlets.

2.04.10 Two (3) 208VAC, 50 amp 3Ø outlet to be provided inside building on wall farthest from double doorway. One in each corner.

2.04.11 One (1) wall mounted Corrosion Resistant Air Conditioner/Heater sufficient to keep the interior at a constant temperature/humidity. (75°F ± 5°F with approx. 50% humidity ± 10%.)

2.04.12 Provide grounding to facility exterior and provide a ground buss in the interior of the building.

2.04.13 Lighting shall be LED, capable of producing at least 100 Candlepower at 30” AFF on work surface with a wall mounted switch just inside the 36” doorway. 2 Rows of lights next to the AC ducting extending over the long side and middle of the bunker.

2.04.14 All electrical conduit with a minimum of ¾” diameter and with compression fittings only.

2.04.15 Freight to NASA/JSC, - Houston, TX.

Delivery

2.05.01 Delivery to be made within 12-14 weeks upon approved drawings and CAD files.

2.05.02 Notification of exact delivery date and total weight of finished building must be made by email or phone at least 1 week in advance to provide NASA time to arrange for rigging to offload and set in place.

Shipping, Preservation and Packaging Requirements.

2.06.01 Freight to NASA/JSC, - Houston, TX.

2.06.02 Crane, rigging and rigger to off-load and set test cell on level existing concrete structures.

2.06.03 The location of the crane will be determined once a representative comes to do a survey of the worksite. Crane support mats will be needed to be provided from the main access road to the off-load location.

2.06.04 Provide grounding to facility exterior and provide a ground bus in the exterior of the building.

Notification to be made to:

Dereck Lenoir ESTA Technical Content Manager 2101 Nasa Parkway Mail Code EP6 Houston, Texas 77058 832-415-7417 dereck.j.lenoir@nasa.gov

APPLICABLE COMMERCIAL CLAUSES

This order is for a commercial item subject to the terms and conditions of FAR 52.212-4, Contract Terms and Conditions – Commercial Items (NOV 202023), incorporated by reference;

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders, Commercial Items (FEB 2024) attached to this order; and any additional terms and conditions checked below or included as a Center specific requirement as addenda to 52.212-4.

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):

www.ecfr.gov

I. FEDERAL ACQUISITION REGULATION (BY REFERENCE)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG

2020)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (SEP 2023)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (NOV

2023)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS (MAR 2023)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.243-1 CHANGES—FIXED-PRICE (AUG 1987)

52.247-34 F.O.B. DESTINATION (NOV 1991)

52.227-11 PATENT RIGHTS - OWNERSHIP BY THE CONTRACTOR (MAY 2014)

[(MODIFIED BY NFS 1852.227-11 (APR 2015)]

52.203-3 GRATUITIES (APR 1984)

52.207-1 NOTICE OF STANDARD COMPETITION (MAY 2006)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.227-14 RIGHTS IN DATA--GENERAL (MAY 2014)

52.242-13 BANKRUPTCY (JUL 1995)

II. FEDERAL ACQUISITION REGULATION (BY FULL TEXT)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021)

(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 products and commercial services:

(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 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 products and commercial services:

[Contracting Officer check as appropriate.]

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

[] (6) [Reserved].

[] (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

[] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[] (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

[] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal

Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

[] (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (OCT 2018) ( 41 U.S.C. 2313).

[] (14) [Reserved].

[] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

[] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

[] (17) [Reserved]

[X] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV

2020) ( 15 U.S.C. 644).

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

[] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023)

( 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 (SEP 2023) of 52.219-9.

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

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

[] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled

Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) ( 15 U.S.C. 657f).

[X] (26) (i) 52.219-28, Post Award Small Business Program Representation (FEB 2024)

( 15 U.S.C. 632(a)(2)).

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

[] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

[] (28) 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 (OCT 2022) ( 15 U.S.C. 637(m)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

[] (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

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

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

[X] (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

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

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

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (39) (i) 52.222-50, Combating Trafficking in Persons (NOV

2021) ( 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).

[] (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

[] (41) (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.)

[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (44) (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.

[] (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

[] (ii) Alternate I (Jun2014) of 52.223-14.

[] (46) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

[] (47) (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] (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (50) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

[X] (52) (i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225-1.

[] (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (FEB 2024) of 52.225-3.

[] (v) Alternate IV (Oct 2022) of 52.225-3.

[] (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[] (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (56) 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. Subtitle A, Part V, Subpart G Note).

[] (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)

( 42 U.S.C. 5150).

[] (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

[] (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

[] (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

[] (61) 52.232-30, Installment Payments for Commercial Products and Commercial

Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

3.0-[X] (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

[] (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

[] (64) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

[] (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

[] (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

[] (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (APR 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) 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 products and commercial services:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

[] (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).

[] (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) ( 29U.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).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 products or commercial services. 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 (NOV

2021) ( 41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L.

115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—

Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 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.

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

(x) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

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

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

(xiv) 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.

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (NOV

2021) ( 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).

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

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

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

(xxiii) 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. Subtitle A, Part V, Subpart G Note).

(xxiv) 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.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (NOV 2021) ( 46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(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 (DEC 2023) (Section 1634 of Pub.

L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (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:

(End of clause)

III. NASA FAR SUPPLEMENT CLAUSES (BY REFERENCE)

1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(JUL 2023)

1852.215-84 OMBUDSMAN (NOV 2023)

1852.233-70 PROTESTS TO NASA (DEC 2015)

1852.237-72 ACCESS TO SENSITIVE INFORMATION (JUN 2005)

1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005)

IV. NASA FAR SUPPLEMENT CLAUSES (BY REFERENCE FULL TEXT)

1852.216-78 FIRM FIXED PRICE (DEC 1988)

The total firm fixed price of this contract is $ TBD

1852.225-70 EXPORT LICENSES (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR parts 120-130, and the Export Administration Regulations (EAR), 15 CFR parts 730-799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at Johnson Space Center (JSC), where the foreign person will have access to export-controlled technical data or software.

(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.

(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (FEB 2024)

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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"—

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 (SDVOSB) concern means a small business concern—

(1)

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

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

(2) A small business concern eligible under the SDVOSB Program in accordance with 13

CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB

Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB…