Pincrest_Day_Use_Janitorial_Sol.doc
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- Pincrest Day Use Janitorial Federal contract opportunity
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- AG-9A63-S-14-0400
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AG 9A63-S-14-0040
PINCREST DAY USE AREA JANITORIAL
STANISLAUS
| SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS |
| 1. REQUISITION NUMBER |
| PAGE 1 OF 44 |
| OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 |
| 635280 |
| 2. CONTRACT NO. |
| 3. AWARD/EFFECTIVE |
| 4. ORDER NUMBER |
| 5. SOLICITATION NUMBER |
| 6. SOLICITATION ISSUE |
| DATE |
| AG-9A63-S-14-0040 |
| DATE |
3 April 2014
| a. NAME |
| b. TELEPHONE NUMBER(No collect calls) |
| 8. OFFER DUE DATE/ LOCAL TIME |
| 7. FOR SOLICITATION |
| Technical, Dave Montoya |
| 209-965-3434 Ex5374 |
| INFORMATION CALL: |
| Contracting, O’Laine Martinez |
| 530-478-6823 |
| 5 May 2014/ 3:00PM |
| 9. ISSUED BY CODE |
| 10. THIS ACQUISITION IS |
FORMCHECKBOX
UNRESTRICTED OR FORMCHECKBOX
SET ASIDE: 100 % FOR
FORMCHECKBOX
SMALL BUSINESS FORMCHECKBOX
WOMEN-OWNED SMALL BUSINESS
FORMCHECKBOX
HUBZONE SMALL (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
BUSINESS SMALL BUSINESS PROGRAM NAICS:
FORMCHECKBOX
SERVICE DISABLED FORMCHECKBOX
EDWOSB 561720 VETERAN- OWNED SIZE STANDARD:
SMALL BUSINESS FORMCHECKBOX
8(A) 16.5
USDA Forest Service
Central California Acquisitions
631 Coyote Street
Nevada City, CA 95959
11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED
FORMCHECKBOX
SEE SCHEDULE
| 12. DISCOUNT TERMS |
| FORMCHECKBOX |
13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING
14. METHOD OF SOLICITATION
FORMCHECKBOX
RFQ FORMCHECKBOX
IFB FORMCHECKBOX
RFP
15. DELIVER TO CODE
See specifications.
16. ADMINISTERED BY CODE
See block 9.
17a. CONTRACTOR/ CODE FACILITY
OFFEROR CODE
18a. PAYMENT WILL BE MADE BY CODE
USDA Forest Service
Central California Acquisitions
631 Coyote Street
Nevada City, CA 95959
TELEPHONE N0.
FORMCHECKBOX
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
| OFFER |
| IS CHECKED |
FORMCHECKBOX
SEE ADDENDUM
| 19. |
| 20. |
| 21. |
| 22. |
| 23. |
| 24. |
| ITEM N0. |
| SCHEDULE OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| Pincrest Day Use area Restroom Cleaning |
See separate schedule sheet.
Offers will be accepted hardcopy or via facsimile to CCASA Office, Tahoe NF SO office, 631 Coyote St. Nevada City CA 95603 To verify receipt of an offer, you may call
Traci Schrader at 530-478-6125 Contractor MUST be registered with SAM. https://www.sam.gov/portal/public/SAM/
Please provide the following information:
DUNS#_________________
TIN#___________________
(Use Reverse and/or Attach Additional Sheets as Necessary) E-mail offers are not authorized.
| Facsimile offers |
must be fully received by the due date and time. Please plan accordingly.
Please allow 5 days before inquiring about award status.
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
FORMCHECKBOX
| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |
| FORMCHECKBOX |
| ARE |
| FORMCHECKBOX |
ARE NOT ATTACHED
FORMCHECKBOX
| 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |
| FORMCHECKBOX |
| ARE |
| FORMCHECKBOX |
ARE NOT ATTACHED
| 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ________X_______ |
| FORMCHECKBOX |
29. AWARD OF CONTRACT: REF. OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
| DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY |
| DATED .. YOUR OFFER ON SOLICITATION |
| ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED |
| (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE |
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________
| 30a. SIGNATURE OF OFFEROR/CONTRACTOR |
| 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) |
| 30b. NAME AND TITLE OF SIGNER (Type or print) |
| 30c. DATE SIGNED |
| 31b. NAME OF CONTRACTING OFFICER (Type or print) |
| 31c. DATE SIGNED |
B-1CONTRACT ADMINISTRATION DATA (Continuation from 1449, block 18A)
Work Timing
AGAR 452.111-74 Period of Performance (Feb 1988)
The period of performance of this contract is from May 23, 2014, through September 5, 2016.
Failure to begin work on schedule will make the contract subject to termination for cause.
Superintendence by Contractor. The name an specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationary of a “Designation of Contractors Representative” form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a suspend work order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.
Pre-work
Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract—especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.
Notice to proceed.
No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.
Payments. Payment will be made for fully acceptable work at the prices bid in the schedule of items. Payment will be made monthly from contractors invoice.
Deductions. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Deductions for deficiencies shall be calculated as 1/30th of unit price for each day that Contractor fails to correct.
Contract Release.
Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C.)
Invoices.
Payment will be made from Contractor’s invoice through the Invoice Processing Platform. Please create an account if you do not have one already and place invoices through the IPP system. Go the following link. https://www.ipp.gov ACKNOWLEGEMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO
DATE
SECTION C CONTRACT CLAUSES
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): www.arnet.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
FAR 52.204.9 Personal Identity Verification of Contractor Personnel (2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee’s employment
(3) Upon contract completion or termination
(c) The Contracting Officer may delay final payment under a contract if the Contractor fail to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d) in all subcontracts when the subcontract’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
FAR 52.212-1 Instructions to Offerors -- Commercial Items. (Feb 2012) is incorporated by Reference.
FAR 52.212-4 Contract Terms and Conditions--Commercial Items (SEP 2013) is incorporated by reference.
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Jan 2014)
(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
__X_Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).
(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. 253g and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
__ (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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).
__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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. (Aug 2013) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (13) [Reserved]
X__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Oct 2001) of 52.219-9.
__ (iii) Alternate II (Oct 2001) of 52.219-9.
__ (iv) Alternate III (Jul 2010) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
__ (ii) Alternate I (June 2003) of 52.219-23.
__ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
__ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
__ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
__ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
X__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
__ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
X__ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
X__ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
__ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
X__ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
__ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
__ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (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) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
__ (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
__ (ii) Alternate I (Dec 2007) of 52.223-16.
X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
__ (41) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).
__ (42)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (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 (Mar 2012) of 52.225-3.
__ (iii) Alternate II (Mar 2012) of 52.225-3.
__ (iv) Alternate III (Nov 2012) of 52.225-3.
__ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (44) 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).
__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
_X_ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).
__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (54)(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.
(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.]
X__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).
__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
__ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495).
__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 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.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xv) 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.
52.223-1 Biobased Product Certification. (May 2012)
As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.
The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Bio-based Products Under Service and Construction Contracts.
_X__52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(Sept 2013)
FAR 52.204.9 Personal Identity Verification of Contractor Personnel (2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee’s employment
(3) Upon contract completion or termination
(c) The Contracting Officer may delay final payment under a contract if the Contractor fail to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d) in all subcontracts when the subcontract’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
52.217-5 Evaluation of Options (July 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
52.217-8 Option to Extend Services. (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within _____ [insert the period of time within which the Contracting Officer may exercise the option].
(End of clause)
52.217-9 Option to Extend the Term of the Contract (MAR 2000).
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 Years (months) (years).
(End of clause)
52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)
Funds are not presently available for performance under this contract beyond September 30, 2014. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2014, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
SECTION D. CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
Description/Specifications/Statement of Work
Service Contract Act Wage Determinations or Other
Drawings “Capability Information” Sheet Fire Plan
SECTION D--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
PERFORMANCE WORK STATEMENT
D.1 GENERAL The intent of this contract is to clean all toilet facilities within the Pinecrest Day Use Area, including both interior and exterior of toilet buildings, as well as 10’ radius surrounding each toilet building.
D.1-1 Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.
D.1-2 Quality Control Program. The contractor shall establish and maintain a Quality Control Program (QCP) to verify that the requirements of the contract are provided as specified. The contractor shall submit their Quality Control Plan with the proposal. The plan shall include procedures to implement all requirements of the contract.
D.1-3 Project Location & Description
Location: The project is located on the Stanislaus National Forest, Summit Ranger District. Pinecrest Day Use Area is located approximately 35 miles east of Sonora, CA and approximately 1 mile east of Highway 108 on Pinecrest Lake Road. The legal description of this location is Township 4 N, Range 18 E, Section 22.
Description:
This contract requires Janitorial services for several toilet buildings/facilities that are normally open from Memorial Day to Labor Day. The first year (base year) is from 05/23/2014 through 09/01/2014.
The second year or option year 1 is from 25 May 2015- 7 September 2015, and the third year or option year 2 is from 30 May 2016 to 5 September 2016. The restrooms are in high demand during the season and require cleanings twice a day and everyday during the contracted period of performance.
Pinecrest Day Use Area has 5 flush restrooms:
The Marina restroom has 8 individual restrooms, each containing 1toilets, 1 sink and one 10 gallon trash can;
Amphitheater restroom has 5 individual restrooms, each containing 1 toilet, 1 sink and one 10 gallon trash can;
Redwood restroom has 6 individual restrooms, each containing 1 toilet, 1 sink and one 10 gallon trashcan;
Block restroom has 6 individual restrooms, each containing 1 toilets, 1 sink and one 10 gallon trash can;
Pine restroom has 6 individual restrooms, each containing 1 toilet, 1 sink and one 10 gallon trash can.
Additionally, each restroom complex contains a baby changing station; therefore, there are 6 total baby changing stations in the restrooms at Pinecrest Day Use Area.
Accessibility: All facilities accessible by two wheel drive vehicles upon suggested contract start date.
Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.
D.1-4 Maps
Maps showing the general vicinity and/or specific work areas are included in Section D. Maps are general in nature and are not to be considered as definitively identifying locations. The map is labeled new and existing restrooms; these are the locations of all the restrooms that will be cleaned under this contract.
D.1-5 Estimated Start Date & Contract Time
Start: Estimated start date 05/23/2014.
Time: Estimated contract time 3 years, or 05/23/2014 through 9/5/2016.
D.1-6 Restrictions on Work
Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:
1. In accordance with the fire plan.
2. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.
3. Work performed between the hours of 7AM and 6PM
D.1-7 Licenses and Insurance
The contractor shall obtain the insurance and licenses listed here.
MSPA Card (Form WH510): This contract [ ] does [XX ] does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.
Other: Worker's Compensation Insurance: The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.
D.1-8 Camping and Housing
Camping is not permitted in Forest Service campgrounds. Contractor [XX ] will [ ] will not be permitted to camp elsewhere on Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit or barracks agreement.
A. The Contractor will be allowed to rent a trailer pad at the Strawberry Engineering Site at the standard quarters rate for that location, which is approximately $13.13 per day, and that rate includes septic hook-up, electricity, and water. This does not constitute a storage space, but rather a living space for the Contractor or an employee during the period of the contract. Subject to approval by the Government, the Contractor may place a temporary storage container/building (acceptable to the Contracting Officer) of no greater than 100 square feet in a location on the Summit Ranger Station compound or Administrative site(s).
D.2 Definitions: Policing Area means checking an area thoroughly for debris, litter or other foreign matter over one inch in size, and properly disposing of it.
D.3 Primary Tasks:
1. Clean interior restroom building floors, walls, and ceilings
2. Clean toilet bowls, seats, and lids
3. Stock toilet paper
4. Kill insects in restroom building
5. Clean area outside each restroom building
6. Provide cleaning log at each restroom, both men and women’s side.
7. Log time
8. Remove trash/discarded items.
D.3-1 Quality Assurance:
A. Quality assurance inspections will be visual inspection and unscheduled. Written or verbal complaints will also be considered a form of Quality assurance.
1.
The morning inspection shall be conducted as follows: Check floors. Freshly hosed, scrubbed with approved by the Government products. Free of excess water (or as well as a squeegeed floor). Floors shall be free of dirt, debris, marks, foreign matter and standing water. The afternoon ( after 2nd cleaning of the day) Inspectors shall check for mopped, or hosed and squeegeed, floors using a detergent or disinfectant approved by the Government. Floors shall be free of dirt, debris, marks, foreign matter and standing water.
2.
Horizontal surfaces shall be free of debris, wiped with a disinfecting solution from the approved cleaning product list.
3.
Cobwebs removed from ceilings and all other surfaces of restroom interior and exterior.
4.
Toilet bowls, seats, and lids cleaned , free of debris, using disinfecting solution approved bio-based products approved by Government. All surfaces shall be free of deposits.
5.
Partitions, doors vents sills and walls free of dust, dirt and graffiti with surface areas wiped using disinfectant cleaner from approved bio-based cleaning product list.
6.
All paper, trash, discarded materials, etc. removed and deposited into dumpsters.
7. Trash cans free of debris with clean liners. (Trash bags from the restrooms may be placed in nearby dumpsters.)
8.
Toilet paper rolls with no less than 1/8 left on roll. Replaces at 1/8 left on roll, with a full roll. Partial rolls will be place on top of holder/roller.
9.
Complete the log sheet stating time of visit and return to plastic holder.
10.
A 10 foot radius, surrounding each toilet building, policed and free of litter and other non-native material.
11.
Exterior sidewalks and surrounding the restroom structures swept D-4 Quality Assurance Checklist.
B. Hours and Frequency of Work.
1.
Work under this contract shall be performed between the hours of 7:00 a.m. and 10:00 a.m. (first cleaning of the day) and 3:00 p.m. through 6:00 p.m. (Second cleaning of the day) Services shall be performed as directed by the Contracting Officer’s Representative 2 times daily at all Day
D.5 Personnel Qualifications
1. The Contractor shall provide personnel who are qualified to use the Contractor’s equipment and whose appearance is clean and orderly. Personnel not acceptable to the Government shall, upon written notice by the Contracting Officer, be replaced with satisfactory personnel within 48 hours after such written notice.
D.6 Public Safety All Contractor supplied equipment will be safe for use in public areas. The Contractor will place hazard cones when working in the toilets or when conditions are conducive to slips, falls or trips.
D-7 Bio-based products that are designated for preferred procurement under USDA’s Bio-Preferred program must meet the required minimum bio-based content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their bio-based products such as bio-based content. Products can also be found and compared at http://www.greenseal.org/findaproduct/index.cfm or comparable sites.
In addition to the bio-based products designated by the U.S. Department of Agriculture in the Bio-Preferred Program, the Contractor is encouraged to use other bio-based products.
The Contractor shall submit with the initial proposal a complete list of bio-based products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.
The Contractor shall comply with the provision at FAR 52.223-1, Bio-based Product
Certification.
The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Bio-based Products Under Service and Construction Contracts.
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): www.arnet.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-4 Inspection of Services--Fixed-Price (AUG 1996)
GOVERNMENT INSPECTIONS
Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.
The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.
Compliance Inspections: Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.
Acceptance
Work on this contract will be deemed acceptable when the processes and/or deliverables conform to the contract requirements.
2014 RESTROOM CLEANING CONTRACT SERVICE DATES
GOVERNMENT-FURNISHED PROPERTY
The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.
Keys Toilet Paper Storage area for Toilet Paper
Water, water hose and spray nozzle at each restroom building.
Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan:
[ ](a) Trail Construction - 100 meters on either side of the centerline
[ ](b) Construction of Structures - 100 meters around the perimeter of the project
[ ](c) Road Construction - 400 meters on either side of the centerline
[ ](d) Special for this project:
Utility Services
NONE
Contractor shall provide equipment necessary to clean such as: Mops, brooms, dustpans, toilet brushes, scouring pads, sponges, mop buckets, trash bags/liners, dusting cloths, dusting apparatus, cloths for wiping down surfaces of various types components, cleaning/disinfectant solutions. Additional items such as pressure washer and vacuums are optional.
D. BARRACKS RULES AND POLICES
1. Residents are expected to be courteous and respectful at all times to the public. Any violations of this policy may result in immediate eviction, disciplinary action or both.
2. The possession or use of any and all forms of illegal drugs or drug paraphernalia is prohibited. This includes, but is not limited to marijuana, hallucinogens, barbiturates and amphetamines. Prescribed medications are allowed.
3. The possession and use of alcohol in barracks is regulated by State law. Residents are expected to be in compliance with all laws pertaining to the possession and consumption of alcohol, e.g., minimum legal age, furnishing to minors, motor vehicle use, etc. Residents who have consumed alcohol will not greet or interact with the public nor allow themselves to be perceived to be in an official capacity or representing the Forest Service.
4. The possession or storage of firearms or of other dangerous or deadly weapons or explosives is prohibited in the barracks. Rifles and shotguns must be kept unloaded and locked in a personal vehicle after written authorization is obtained from the District Ranger. The ammunition must be kept in a separate location from the gun.
6. Dogs, birds and other animals, except guide dogs, are not permitted in the barracks or on the surrounding grounds without prior written approval by the District Ranger. Approval must be obtained prior to an employee or volunteer occupying the residence. No feeding or leaving food out for wildlife.
7. Excessive noise is prohibited. Quiet hours in compound areas will be observed between 10:00 p.m. and 6:00 a.m.
Pinecrest Day use improvement map restroom location.
CAPABILITY INFORMATION
CONTRACTOR NAME, ADDRESS AND TELEPHONE NUMBER:
1. LIST RELATED EXPERIENCE:
2. LIST REFERENCES (NAME AND PHONE NUMBERS) FOR THE LAST 3 YEARS:
| NAME, ADDRESS & PHONE NUMBER OF PERSON TO CONTACT |
| TYPE OF PROJECT |
| DATE |
| CONTRACT AMOUNT |
3. LIST ALL OF YOUR FIRM’S CURRENT CONTRACTUAL COMMITMENTS
| CONTRACT AMOUNT |
| TYPE OF PROJECT |
| DATE |
| PERCENT |
COMPLETE
NAME, ADDRESS & PHONE NUMBER OF PERSON TO CONTACT FOR INFORMATION
4. ORGANIZATION AND PERSONNEL THAT WILL BE AVAILABLE FOR THIS PROJECT:
5. SPECIFY EQUIPMENT AVAILABLE FOR THIS PROJECT/ SPECIFY PROGRESS RATE FOR THIS PROJECT.
FIRE PLAN FOR CONSTRUCTION AND SERVICE CONTRACTS CHECKLIST
03/06/2013
Program Managers shall provide the following site-specific information for inclusion in the Region 5 standard fire plan (03/06/2013 edition) when the service or construction project requires a fire plan.
Section 4
· This contract FORMCHECKBOX requires, FORMCHECKBOX does not require, a Fire Box and associated Fire Tools according to CPRC Section 4428.
· This contract FORMCHECKBOX requires, FORMCHECKBOX does not require, Section 4E of the Fire Plan.
Section 5
· F. Reporting Fires:
| Name |
| Office Address |
| Telephone Number |
| Dispatch Center |
| Sonora Supervisors Office |
| 19777 Greenley Road |
Sonora, CA 95370 209-533-1130 if no answer call 911
| Nearest FS Station |
| Pinecrest, CA |
| #1 Pinecrest Lake Rd. |
Pinecrest, CA 95364 209-533-1130 if no answer call 911
| Inspector |
| David Montoya |
| #1 Pinecrest Lake Rd. |
Pinecrest, CA 95364 209-965-3434 X5374
| COR |
| David Montoya |
| #1 Pinecrest Lake Rd. |
Pinecrest, CA 95364 209-965-3434 X5374
| District Ranger |
| Molly Fuller |
| #1 Pinecrest Lake Rd. |
Pinecrest, CA 95364 209-965-3434 X5317
· This contract FORMCHECKBOX requires, FORMCHECKBOX does not require, Section 5G of the Fire Plan.
· This contract FORMCHECKBOX requires, FORMCHECKBOX does not require, Section 5H of the Fire Plan.
Section 6
| Fire Danger Rating Area/Fire Weather Station for Project |
| National Weather Service |
| Phone Number or Website to obtain Predicted Activity Levels: |
| http://www.spc.noaa.gov/products/fire_wx/fwdy1.html |
Project Activity Level Climatology
| Fire Danger Rating Area/Weather Station |
| Stanislaus National Forest |
| Years Analyzed |
| 32 |
| A |
| B |
| C |
| D |
| Ev |
| E |
| Days |
| Month |
| Expected Days per Month at Each PAL Value |
| Analyzed |
July
| 15 |
| 16 |
August
| 5 |
| 26 |
September
| 26 |
| 4 |
October
| 29 |
| 2 |
SECTION E SOLICITATION PROVISIONS
FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2013)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.
(a) Definitions. As used in this provision—
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(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.
“Inverted domestic corporation”, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.
“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 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.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled 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.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C.
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