B.08_Combined Synopsis-Solicitation_21Q0124.pdf
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- Solicitation number
- W9127N21Q0124
About this file
This solicitation is for elevator maintenance and repair services at John Day Dam in Oregon. The contractor shall provide all labor, materials, supplies and tools to perform cleaning, maintenance, inspection, repairs and replacements for elevators, escalators, equipment and accessories. The contractor must be licensed in Oregon for elevator repair business. Only original equipment manufacturer parts can be used for replacement or repair. The performance period is from October 1, 2021 to September 30, 2022 with four option years of 12 months each. Quotes are due by September 17, 2021. The solicitation is restricted to small businesses only and has a NAICS code of 811310.
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COMBINED SYNOPSIS/SOLICITATION
W9127N21Q0124
ELEVATOR MAINTENANCE & REPAIR SERVICES
JOHN DAY DAM OREGON
ISSUED: 10 September 2021
This is a firm-fixed-price request for quotation (RFQ) for the purchase of Elevator Maintenance & Repair Services for John Day Dam, Oregon.
This solicitation is prepared in accordance with FAR Part 12 in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR Subpart 13.5. The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Circular 2020-07.
This solicitation is restricted to Small Businesses Only (100% Set Aside). The NAICS Code is 811310 – Commercial & Industrial Machinery & Equipment, with a small business size standard of $8,000,000.00. This solicitation is being advertised through SAM.gov as a new contract opportunity. All prospective contractors must be registered in the System for Award Management (SAM) at www.sam.gov prior to submission of quotations to be eligible for award. Lack of SAM registration will make a contractor ineligible for award. The Contract Specialist is Robbie R Newland, Robbie.R.Newland@usace.army.mil.
Performance Period is from 01 October 2021 – 30 Sep 2022 with four Option Years (12 months each).
52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL ITEMS – ADDENDUM
Offerors’ submission shall be electronically emailed to Robbie.R.Newland@usace.army.mil. Attach the quote and any additional supporting documentation as a PDF file. We do not except facsimile (Fax) responses. If you have any questions or concerns, you may contact Robbie Newland at the above email.
Provide the following information with your submission:
1. Company Name: _______________________________________________________________
2. Address / Telephone No.: ________________________________________________________
3. Cage Code (or DUNS, both from SAM.gov): ________________________________________
4. Point of Contact – Name, Phone, Email: ____________________________________________
5. Quotes – Enter price information on the Table 1 – Pricing Schedule provided on page 2. State whether the proposed pricing is commercial pricing or through a contract vehicle, such as a GSA schedule.
Quote Submissions: Quotes are due no later than 17 Sep 2021 at 15:00 PM Pacific. Offerors are responsible for verifying receipt of their quotes to this office before offer due date and time.
http://www.sam.gov/ mailto:Robbie.R.Newland@usace.army.mil mailto:Robbie.R.Newland@usace.army.mil
The government request quotes for the following products:
1. Table 1. Pricing Schedule
Item# Brand Supplies/Services QTY UOM Unit Cost Cost
0001 N/A ELEVATOR MAINTENANCE SERVICES
(OREGON)
FFP
POWERHOUSE, ASSEMBLY BAY, PASSENGER
TYPE. MAKE: WESTINGHOUSE
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 1
12 Months $ $
0002 N/A ELEVATOR MAINTENANCE SERVICES
(OREGON)
FFP
POWERHOUSE ASSEMBLY BAY, FREIGHT
TYPE, MAKE: WESTINGHOUSE
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 2
12 Months $ $
0003 N/A ELEVATOR MAINTENANCE SERVICES
(OREGON)
FFP
POWERHOUSE BAY NINE, PASSENGER TYPE,
MAKE: WESTINGHOUSE
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 3
12 Months $ $
0004 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
NON-OVERFLOW DSQ, PASSENGER TYPE,
MAKE: DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 4
12 Months $ $
0005 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
VISITOR CENTER, PASSENGER TYPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 5
12 Months $ $
0006 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
NORTH FISHPUMPS, PASSENGER TYPE, MAKE:
DOVER
12 Months $ $
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 6
0007 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
SOUTH TOWER NAVLOCK, SPPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 7
12 Months $ $
0008 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
NORTH TOWER NAVLOCK, SPPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 8
1001 N/A ELEVATOR MAINTENANCE SERVICES
(OREGON)
FFP
POWERHOUSE, ASSEMBLY BAY, PASSENGER
TYPE. MAKE: WESTINGHOUSE
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 1
12 Months $ $
1002 N/A ELEVATOR MAINTENANCE SERVICES
(OREGON)
FFP
POWERHOUSE ASSEMBLY BAY, FREIGHT
TYPE, MAKE: WESTINGHOUSE
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 2
12 Months $ $
1003 N/A ELEVATOR MAINTENANCE SERVICES
(OREGON)
FFP
POWERHOUSE BAY NINE, PASSENGER TYPE,
MAKE: WESTINGHOUSE
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 3
12 Months $ $
1004 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
NON-OVERFLOW DSQ, PASSENGER TYPE,
MAKE: DOVER
ELEVATOR 4
1005 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
VISITOR CENTER, PASSENGER TYPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 5
12 Months $ $
1006 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
NORTH FISHPUMPS, PASSENGER TYPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 6
12 Months $ $
1007 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
SOUTH TOWER NAVLOCK, SPPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 7
12 Months $ $
1008 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
NORTH TOWER NAVLOCK, SPPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
2001 N/A ELEVATOR MAINTENANCE SERVICES
FFP
POWERHOUSE, ASSEMBLY BAY, PASSENGER
TYPE. MAKE: WESTINGHOUSE
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 1
12 Months $ $
2002 N/A ELEVATOR MAINTENANCE SERVICES
(OREGON)
FFP
POWERHOUSE ASSEMBLY BAY, FREIGHT
TYPE, MAKE: WESTINGHOUSE
ELEVATOR 2
2003 N/A ELEVATOR MAINTENANCE SERVICES
(OREGON)
FFP
POWERHOUSE BAY NINE, PASSENGER TYPE,
MAKE: WESTINGHOUSE
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 3
12 Months $ $
2004 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
NON-OVERFLOW DSQ, PASSENGER TYPE,
MAKE: DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 4
12 Months $ $
2005 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
VISITOR CENTER, PASSENGER TYPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 5
12 Months $ $
2006 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
NORTH FISHPUMPS, PASSENGER TYPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 6
12 Months $ $
2007 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
SOUTH TOWER NAVLOCK, SPPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 7
12 Months $ $
2008 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
NORTH TOWER NAVLOCK, SPPE, MAKE:
DOVER
3001 N/A ELEVATOR MAINTENANCE SERVICES
FFP
POWERHOUSE, ASSEMBLY BAY, PASSENGER
TYPE. MAKE: WESTINGHOUSE
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 1
12 Months $ $
3002 N/A ELEVATOR MAINTENANCE SERVICES
(OREGON)
FFP
POWERHOUSE ASSEMBLY BAY, FREIGHT
TYPE, MAKE: WESTINGHOUSE
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 2
12 Months $ $
3003 N/A ELEVATOR MAINTENANCE SERVICES
(OREGON)
FFP
POWERHOUSE BAY NINE, PASSENGER TYPE,
MAKE: WESTINGHOUSE
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 3
12 Months $ $
3004 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
NON-OVERFLOW DSQ, PASSENGER TYPE,
MAKE: DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 4
12 Months $ $
3005 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
VISITOR CENTER, PASSENGER TYPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 5
12 Months $ $
3006 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
NORTH FISHPUMPS, PASSENGER TYPE, MAKE:
DOVER
ELEVATOR 6
3007 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
SOUTH TOWER NAVLOCK, SPPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 7
12 Months $ $
3008 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
NORTH TOWER NAVLOCK, SPPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
4001 N/A ELEVATOR MAINTENANCE SERVICES
FFP
POWERHOUSE, ASSEMBLY BAY, PASSENGER
TYPE. MAKE: WESTINGHOUSE
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 1
12 Months $ $
4002 N/A ELEVATOR MAINTENANCE SERVICES
(OREGON)
FFP
POWERHOUSE ASSEMBLY BAY, FREIGHT
TYPE, MAKE: WESTINGHOUSE
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 2
12 Months $ $
4003 N/A ELEVATOR MAINTENANCE SERVICES
(OREGON)
FFP
POWERHOUSE BAY NINE, PASSENGER TYPE,
MAKE: WESTINGHOUSE
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 3
12 Months $ $
4004 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
NON-OVERFLOW DSQ, PASSENGER TYPE,
MAKE: DOVER
ELEVATOR 4
4005 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
VISITOR CENTER, PASSENGER TYPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 5
12 Months $ $
4006 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
NORTH FISHPUMPS, PASSENGER TYPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 6
12 Months $ $
4007 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
SOUTH TOWER NAVLOCK, SPPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 7
12 Months $ $
4008 N/A ELEVATOR MAINTENANCE SERVICES
(WASHINGTON)
FFP
NORTH TOWER NAVLOCK, SPPE, MAKE:
DOVER
REFERENCE PWS ATTACHMENT 1 -
ELEVATOR 8
Total Cost $
52.237-1 SITE VISIT (APR 1984)
Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
A Site Visit is being offered on 15 September 2021 at 1230PM at John Day Dam, Oregon. POC is Mr. Joseph Padula (541)739-1120. You will need to contact Mr. Padula in advance to facilitate security clearance/arrangements.
(End of provision)
INSPECTION AND ACCEPTANCE TERMS
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 1008 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 3007 Destination Government Destination Government 3008 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government 4007 Destination Government Destination Government 4008 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-OCT-2021 TO
30-SEP-2022
N/A JOHN DAY DAM
STACEY HAWKINS
I-84, EXIT 109
RUFUS OR 97050-0823
(541)739-1002 FOB: Destination
960438
0002 POP 01-OCT-2021 TO
30-SEP-2022
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-OCT-2022 TO
30-SEP-2023
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
1006 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
1007 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
1008 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
2006 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
2007 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
2008 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-OCT-2024 TO
30-SEP-2025
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-OCT-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 01-OCT-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 01-OCT-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
3005 POP 01-OCT-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
3006 POP 01-OCT-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
3007 POP 01-OCT-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
3008 POP 01-OCT-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-OCT-2025 TO
30-SEP-2026
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-OCT-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 01-OCT-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
4004 POP 01-OCT-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
4005 POP 01-OCT-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
4006 POP 01-OCT-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
4007 POP 01-OCT-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
4008 POP 01-OCT-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-11 Certification and Disclosure Regarding Payments to Influence
Certain Federal Transactions
SEP 2007
52.203-12 Limitation on Payments to Influence Certain Federal Transactions
JUN 2020
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
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 AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line-Item Proposal JAN 2017 52.217-5 Evaluation of Options JUL 1990 52.217-8 Option to Extend Services NOV 1999 52.217-9 Option to Extend the Term of The Contract MAR 2000 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION
2020-O0008).
OCT 2020
52.222-22 Previous Contracts and Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
252.201-7000 Contracting Officer's Representative DEC 1991 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 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance with Safeguarding Covered Defense Information
Controls
OCT 2016
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
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer JUL 2019 252.225-7012 Preference for Certain Domestic Commodities DEC 2017 252.225-7031 Secondary Arab Boycott of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013
252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)
FEB 2020
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--
Prohibition on Fees and Consideration
APR 2020
252.243-7001 Pricing of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021
CLAUSES INCORPORATED BY FULL TEXT
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
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.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
52.204-20 Predecessor of Offeror (AUG 2020)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
(End of provision)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of 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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) 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. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) 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);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) 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”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.
https://www.sam.gov/
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUL 2021)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.
Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) Reserved.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ https://assist.dla.mil/wizard/index.cfm http://www.sam.gov/
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
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, with price being the only factor considered. There will be no technical evaluation performed on offers to select the successful offeror.
(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). As part of the price evaluation, the Government will evaluate the Option to Extend Services under FAR 52.217-8 by adding one-half of the offeror's final option period price to the offeror's total price. Thus, the offeror's total evaluated price will include the base period, Option Years 1 - 4, and one-half of Option Year 4.
Offerors are required only to price the base and four options. Offerors shall not submit a price for the potential six- month extension of services period.
(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.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)
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;
https://www.sam.gov/
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”--
(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…
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