A21 - W912PM20T0030_package.pdf

W912PM20T0030

100% SMALL BUSINESS SET-ASIDE - This 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/Request for Quote (RFQ) to be issued and quotes are requested in response to RFQ W912PM20T0030. This requirement is anticipated to result in the award of a single firm fixed price (FFP) contract.

100% SMALL BUSINESS SET-ASIDE RFQ W912PM20T0030 with applicable NAICS Code:

811310, $8M size standard.

CONTRACT LINE ITEMS

SEE ATTACHED PRICING SCHEDULE

SEE ATTACHED REQUIREMENT DESCRIPTION, “Scope of Work”

AGENCY:

DATE/DELIVERY: Anticipated start date of performance is upon award.

DATE & TIME FOR OFFERS:

Offers are due to Missee Koehn at Melissa.k.koehn@usace.army.mil on Friday, June 5, 2020, 10:00AM, Eastern Time.

Each offeror must submit both a Price Quote and a Technical Proposal. No hard paper copies will be accepted or evaluated. Both the Price Quote and the Technical Proposal must be received by the closing date and time set for receipt of quotes.

The points of contact for this procurement is Missee Koehn (Contract Specialist) at 910-251-4493, melissa.k.koehn@usace.army.mil or Karri Mares (Contracting Officer) at 910-251-4863, karri.l.mares@usace.army.mil

Questions: All questions shall be submitted in writing via email to Melissa.k.koehn@usace.army.mil and karri.l.mares@usace.army.mil Questions concerning this solicitation are due not later than May 27, 2020, 1:00PM, EDT. The U. S. Army Corp of Engineers does not commit to providing responses to questions submitted after this date; however, attempts to answer questions will be made.

The Government will not provide written paper copies of the solicitation. Telephone, written, facsimile, or e-mail requests for the solicitation package will not be honored. Potential contractors are responsible for monitoring this site for the release of any amendments.

Offerors are encouraged to post notices of prospective subcontracting opportunities on the Small Business Administration Subnet, at http://web.sba.gov/subnet . Offerors must be registered with the System for Award Management (SAM) to receive a Government contract award. You may register online at http://beta.sam.gov .

U.S. ARMY CORPS OF ENGINEERS

Attn: Missee Koehn 69 Darlington Avenue Wilmington, North Carolina 28403-1343 mailto:Melissa.k.koehn@usace.army.mil mailto:melissa.k.koehn@usace.army.mil mailto:karri.l.mares@usace.army.mil mailto:Melissa.k.koehn@usace.army.mil mailto:karri.l.mares@usace.army.mil http://web.sba.gov/subnet http://beta.sam.gov/

Contractor/Offeror:

Total Price:

Discount Terms:

The Contractor is required to sign this document and return one (1) copy together with your quote and technical package, to the issuing Office. The Contractor agrees to furnish and deliver all items set forth or otherwise identified above and on any addition sheets subject to the Terms and Conditions specified herein.

Signature of Offeror/Contractor:

Name and Title of Signer (Type or Print)

Date Signed:

PRICING SCHEDULE

CLIN

VESSEL DESCRIPTION SERIAL # UNIT QTY COST

(each)

TOTAL

0001 CURRITUCK

OPEN & INSPECT

CATERPILLAR 3404 PUMP ENGINE

83Z13276 ea 1

0002 CURRITUCK

REBUILD

CATERPILLAR 3404 PUMP ENGINE

83Z13276 ea 1 NTE NTE

0003 MERRITT

OPEN & INSPECT

CATERPILLAR 3404 PUMP ENGINES

13E01594 13E01595 ea 2

0004 MERRITT

REBUILD

CATERPILLAR 3404 PUMP ENGINES

13E01594 13E01595 ea 2 NTE NTE

0005 MERRITT

OPEN & INSPECT

CATERPILLAR SR4 GENERATOR END

9AB08150

9AB08149

ea 2

0006 MERRITT

REBUILD

CATERPILLAR SR4 GENERATOR END

9AB08150

9AB08149

ea 2 NTE NTE

0007 CURRITUCK FREIGHT N/A ea 1

0008 MERRITT FREIGHT N/A ea 4

CONTRACT TOTAL =

SCOPE OF WORK

SCOPE OF WORK

Rebuild (3) CATERPILLAR 3304 Pump Engines &

(2) CATERPILLAR SR4 Generator Ends Dredges CURRITUCK and MERRITT

Thursday, May 21, 2020

1. GENERAL: Contractor shall furnish all labor, management, supervision, facilities, utilities, equipment, tools, transportation, materials, and articles necessary to Rebuild (3) CATERPILLAR 3304 Pump Engines and Rebuild

(2) CATERPILLAR SR4 Generator Ends for the Dredges CURRITUCK & MERRITT.

2. SPECIFICATIONS: The Contractor shall Pick Up, Rebuild, Test, and Paint in accordance with the Original

Equipment Manufacturer (OEM) specifications and subject to the terms and the conditions of this contract, and return to the U.S. Army Corps of Engineers, Wilmington District Engineer Repair Yard, all of the items listed below:

• Currituck - CAT 3404 Pump Engines serial# 83Z13276 arrangement # 1W-3884

• Merritt - CAT 3404 Pump Engines serial# 13E01594 arrangement # 1W-3888

• Merritt - CAT 3404 Pump Engines serial# 13E01595 arrangement # 1W-3888

• Merritt - SR4 Generator End (port) serial# 9AB08150 arrangement # 4W-8958 / 105 kW

• Merritt - SR4 Generator End (stbd) serial# 9AB08149 arrangement # 4W-8958 / 105 kW

Services shall be performed by a Caterpillar Trained and Certified Marine Diesel Power Technician, using new and remanufactured CATERPILLAR brand parts (parts referenced below; section A).

The units shall be blasted and painted with CATERPILLAR yellow paint.

REPLACE THE FOLLOWING WITH NEW OR REMANUFACTURED PARTS (as indicated):

i. Cylinder head New / Remanufactured

ii. Cylinder kits New

iii. Oil pump New

iv. Fuel transfer pump New

v. Turbo cartridge New / Remanufactured

vi. Water temperature regulator New

vii. Oil Cooler New / Remanufactured

viii. Fuel injection nozzles New

ix. Main bearings and thrust bearing New

x. Crankshaft seals New

xi. Rod bearings New

xii. Spacer deck New

A. INSPECT THE FOLLOWING ITEMS:

i. Piston cooling jets

ii. Crankshaft

iii. Camshaft

iv. Camshaft bushings

v. After-Cooler (If equipped)

vi. Front and Rear gear train

vii. Flywheel

B. AFTER REBUILD:

i. Test run engine

ii. Paint engine

Figure 1: (2) CAT 3304's & (2) CAT SR4's (MERRITT) Figure 2: CAT 3304 (CURRITUCK)

In order to be considered for award, the Contractor shall provide a price for the evaluation, inspection and report submission for all repairs/rebuild services recommended for each Engine and Generator End. The report shall include, at a minimum, all required repairs, recommendations on replacement parts and components, and an estimated total cost for all repairs with a breakdown of the parts and components required, labor hours, and applicable freight charges. This report will be reviewed by a Contracting Officer and, if approved, repairs shall be made under this contract action.

NO REPAIRS SHALL BE MADE UNLESS APPROVED BY A CONTRACTING OFFICER.

Upon award and commencement of work, the Contractor shall be responsible for getting the engines and generators to the Contractor’s facility to open/ inspect and prepare rebuild estimate. Upon completion of the rebuild estimate, the Contractor shall notify the Technical Point of Contact (listed below) and the Contract Specialist with a detailed breakout of estimated cost. The Contractor will be notified by the Contracting Officer if the continuance of the rebuild is of the best interest to the Government. If the rebuild service is ceased, the Contractor shall be compensated for the completed open/ inspect services and the shipping/freight cost.

The Contractor shall not incur or be authorized for any expense(s), except for costs to inspect and report for repairs in accordance with this requirement. Only after the Contractor receives a Notice to Proceed by the Contracting Officer, may they be allowed to incur costs for repairs of the systems mentioned above.

BER - Beyond Economical Repair = “Economically Reparable End Items" are defined as end items which can be restored to a serviceable condition, in accordance with applicable requirements. When costs of repair exceed 75% of the Stock List Price for Factory New, the Contractor shall promptly notify the Government Representative in writing and shall not perform further services on any such items except at the expressed/written direction from the Contracting Officer.

BPR - Beyond Physical Repair = Determination whereby a repair item cannot be returned to serviceable condition due to excessive damage, component obsolescence or lack of product reliability based on numerous testing failures.

Whereas, upon conclusion of inspection, the Contractor has determined that the item is either Beyond Economical Repair (BER) or Beyond Physical Repair (BPR), the Contractor shall stop activity; incur no further costs and prepare and submit to the Government representative the following documentation:

If BER, a detailed report containing the findings of their inspection and supporting documents detailing the damage to any specific part(s) that need to be replaced, along with a current fair and reasonable price for said part(s); and a revision of the total cost to repair the asset with a breakdown justifying new cost. The Government may approve a BER or BPR expense, if the cost can be justified and if funding is available.

If BPR -A detailed report justifying the inability to repair with supporting documents which should include photos, test reports, and detailed explanation of findings. This should also include a detailed breakdown of the costs expended to date to include justifiable labor hours and title/category of worker.

In cases where Diminishing Manufacturing Source (DMS) or obsolete components are identified as reason(s) for BPR, the Contractor shall provide documented proof from the manufacturer to substantiate claim.

Upon receipt of the above documents, Government representative along with the Contracting Officer will review and make a written determination to the Contractor on how to proceed.

If a unit is found to be non-repairable, it shall be shipped back to the Wilmington District Engineer Repair Yard (address in section #4 of this document). This cost shall be included in the estimate.

3. INSPECTION AND ACCEPTANCE (INFORMATION)

The Contractor shall perform or have performed the inspections and tests required as provided in the specifications and contract requirements herein.

The Contractor shall notify the Government Inspector at least 24 hours before all testing and inspection. The

Government Inspector may choose to witness all tests and inspections. The Contractor shall make certain that all materials, installation and workmanship meet the requirements of the specifications and are ready for test or inspection prior to notifying the Government Inspector.

The Contractor shall proceed with work if the Government Inspector is not present to witness the inspection or test, after the scheduled time provided in the advance noticed. The Contractor shall document his inspection or test as if the Government Inspector was present.

Witnessing tests and inspections by the Government Inspector does not constitute acceptance of the item and does not relieve the Contractor of the responsibility of assuring that the work conforms to the requirements of the specifications.

4. DELIVERIES, PERFORMANCE, AND RETURN OF ENGINES AND GENERATORS

(INFORMATION)

COMMENCEMENT, EXECUTION AND COMPLETION. The Contractor is required to commence work under this job order immediately upon notification of award of contract (anticipated to be NLT 6/9/20) and to execute the work with diligence.

PERIOD of PERFORMANCE: (Th) 11-JUNE-2020 through (Fri) 31-JUL-2020 (50 calendar days)

All pickups & deliveries shall be made at the following location:

U.S. Army Corps of Engineers, Wilmington District Engineer Repair Yard Attn: KEN BAILEY or Assignee 232 Battleship Road Wilmington, NC 28401

5. WORKSITE LOCATION: Contractors Facility (TO BE DETERMINED)

6. INVOICING: The Contractor shall provide a copy of the invoice upon delivery/completion of the contracted product(s) or service(s). The invoice may be provided through e-mail (preferred) or United States Postal Service (USPS) to the Contract POC named below. The Contractor shall also ensure that the following items are included on the invoice:

• CONTRACT #

• INVOICE #

• COMPANY NAME (MUST MATCH THE NAME ON THE CONTRACT DOCUMENT)

• INVOICED LINE ITEM(s) MUST MATCH the contract line items (e.g. 0001, 0002, etc.)

• Small Business, Veteran Owned, or 8A (Indicate on invoice, if applicable)

7. TECHNICAL POC: SCOTT AIKEN –

69 Darlington Avenue, Wilmington, NC 28403-1343 michael.s.aiken@usace.army.mil - INVOICES ONLY mailto:michael.s.aiken@usace.army.mil

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.212-1 Instructions to Offerors--Commercial Items MAR 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-6 Notice Of Total Small Business Set-Aside MAR 2020 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-1 Site Visit APR 1984 52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.246-25 Limitation Of Liability--Services FEB 1997 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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”.

https://www.sam.gov/

(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 provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Technical Capability

(ii) Price

(iii) Past Performance

Technical and past performance, when combined, are approximately equal to cost or price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

TECHNICAL and PAST PERFORMANCE FACTORS:

Evaluation –Each item in Technical Requirements Table will receive one of the adjectival ratings defined below.

Any criterion that receives “U” rating will result in an overall unacceptable rating for the factor and are not eligible for award.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 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)).

ADJECTIVAL RATING DEFINITION

Acceptable (A) Quote clearly meets the minimum requirements of the solicitation.

Unacceptable (U) Quote does not clearly meet the minimum requirements of the solicitation.

TECHNICAL CRITERIA A or U The offeror is registered and has no active or inactive exclusions listed in their Entity Record on the System for Award Management (SAM).

In accordance with FAR 42.15, the offeror does not have any relevant Past Performance Evaluations in which their performance was rated at “Unsatisfactory” or “Marginal” in the last five (5) years. Relevant evaluations may be obtained from the Contractor Performance Assessment Reporting System (CPARS), Past Performance Information Retrieval System (PPIRS), or Past Performance Questionnaires. Subfactor ratings to Past Performance that will be considered include, quality of product/service, cost, schedule, small business, and management.

Offerors are required to submit prior experience of recent and relevant contracts/projects at the time of quote. Contracts/Projects can be performed with Federal, State, local or private companies.

Government contracts are preferred but not required. Please do not submit more than five (5) contracts/projects.

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

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

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

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

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

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

___ (5) [Reserved]

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

C).

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

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

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

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

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (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]

__X__ (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.

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

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (MAR 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 (MAR 2020) of 52.219-9.

____ (v) Alternate IV (AUG 2018) of 52.219-9.

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

__X__ (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 (JUN 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 (SEPT 2016) (E.O. 11246).

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

__X__ (31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

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

__X__ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

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

__X__ (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__X__ (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 (AUG 2011) (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 (JUNE 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) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__X__ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (60) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

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

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

____ (iii) Alternate II (FEB 2006) of 52.247-64.

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

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

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

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

chapter 67).

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

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

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

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

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

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

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

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

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

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

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

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

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

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

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

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

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

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause) https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3

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/

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):

(End of clause)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any FAR/DFARS provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any FAR/DFARS clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

WAGE DETERMINATIONS

(Full Wage Determination is located at the end of this package)

The contractor must use the wage rate that applies to the county of the site of work, and will be updated (if necessary) to reflect actual place of performance (i.e., Contractor’s facility):

New Hanover County as follows:

WD SCA 2015-4397(Rev 11)

ADDENDUM – LOCAL POLICIES

System for Award Management (SAM) and Electronic Funds Transfer (EFT) (Wilmington Local Instruction Feb 2013)

1. All contractors must register in the System for Award Management (SAM) database before they can be awarded a contract. You may register at http://www.sam.gov. SAM information or help is also available by calling 866-606-8220.

2. Public Law 104-134 requires the use of Electronic Funds Transfer (EFT) for all Federal payments.

EFT information will be pulled from your SAM by the USACE FINANCE CENTER, 5720 INTEGRITY DRIVE, MILLINGTON, TN 38054-5005 for contractor payments.

(End of Local Instruction)

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The Contractor shall not accept any instructions issued by any person, employed by the Government or otherwise, other than the Contracting Officer or the Contracting Officer’s Representative (COR) acting within the limits of the COR’s Authority. See the Contracting Officer’s Representative clause of this contract.

(End of Instruction)

AT-OPSEC REFERENCE:

2. Access and General Protection/Security Policy and Procedures. This standard language text is for Contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "All Contractor and all associated sub-Contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in Contractor security matters or processes."

15. Pre-screen candidates using E-Verify Program. Proposed language: "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.”

*When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

http://www.sam.gov/

ADDENDUM – 52.212-3

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 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 conducted under contract directly and exclusively with the regional government of southern Sudan;

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

(ii) To disrupt, monitor, or…