B.08 COMBINED SYNOPSIS solicitation W912HN20Q5021 .pdf

COMBINED SYNOPSIS/SOLICITATION

This notice is being posted as an avenue to provide Request for Quotes, W912HN20Q5021.

This is a combined synopsis/solicitation for commercial services in accordance with the format in FAR Subpart 12.6 as supplemented with additional information in this notice. THIS

ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION: QUOTES ARE BEING

REQUESTED AND A WRITTEN SOLICTATION WILL NOT BE ISSUED. This will be 100% set aside for Small Business. The NAICS Code is 483212 with a size standard of 500 employees. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2020-05.

Title of Requirement: Mobile Harbor, Alabama Subsurface Investigations, Marine Lift Boat.

Description of Requirement: The work to be performed under this contract consists of Subsurface Investigations, using a Marine Lift Boat (self-propelled lift-vessel capable of operating within 50-feet of water) in order to support drilling operations within Mobile Alabama Harbor.

Submission Requirements: Quotes should be emailed to Mr. Lennie K. Mattis at Lennie.K.Mattis@usace.army.mil by 24 June 2020 at 2:00 p.m. Eastern Time.

Please CC MSG Jerimiah J. Scheil at jeremiah.j.scheil@usace.army.mil

Basis for Award: The Government will make an award the lowest priced, responsive quote that meets or exceeds the product specifications. The Contracting Officer will make a responsibility determination. This is in accordance with Federal Acquisition Regulation (FAR) 52.212-2, Evaluation – Commercial Items, and FAR 9.104.

The Government reserves the right to cancel this solicitation.

REQUEST FOR QUOTE (RFQ)

US Army Corps of Engineers – Savannah District

POC: Mr. Lennie K. Mattis

Phone: (912) 652-5654

Email: Lennie.K.Mattis@usace.army.mil

QUOTES DUE BY: 24 June 2020 at 2:00 p.m. Eastern Time.

CONTRACTOR: ______________________________________________________

DUNS NO.: __________________________________________________________

CAGE CODE: ________________________________________________________

TAX ID NO.: _________________________________________________________

E-MAIL: ____________________________________________________________

PHONE NO.: ________________________________________________________

PLACE OF MANUFACTURE: ___________________________________________

DATE OF QUOTE: ____________________________________________________

QUOTE PREPARED AND CERTIFIED BY:

(Printed Name and Title)

The Contractor, by signing this document, understands and complies with the requirements listed in the Statement of Work (SOW) and shall provide equipment meeting the requirements.

FOR OFFICIAL USE ONLY

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Lift Boat Mobilization/Demobilization

In accordance with the Statement of Work (SOW) FOB: Destination

NET AMT

0002 28 Days Lift Boat Platform Work Days

In accordance with the Statement of Work (SOW), Contractor will be paid based on daily rate used for project. The numbers of days is estimated based on the current Government needs. These needs may change during the performance based on drilling data.

0003 28 Days Crew Boat Rental

In accordance with the Statement of Work (SOW), Contractor will be paid based on daily rate used for project. The numbers of days is estimated based on the current Government needs. These needs may change during the performance based on drilling data.

0004 9 Days Lift Boat Off Days

In accordance with the Statement of Work (SOW), Contractor will be paid based on a daily rate. The number of days is estimated based on the current Government needs. These needs may change during performance based on drilling data.

0005 10 Days Lift Boat Weather Days

In accordance with the Statement of Work (SOW), Contractor will be paid based on a daily rate. The number of days is estimated based on the current Government

0006 11 Days OPTION Optional CPT borings

In accordance with the Statement of Work (SOW), Contractor will be paid based on a daily rate. The number of days is estimated based on the current Government

0007 11 Days OPTION Crew Boat Rental

In accordance with the Statement of Work (SOW), Contractor will be paid based on a daily rate. The number of days is estimated based on the current Government

Section C - Descriptions and Specifications

SOW

SCOPE OF WORK

MOBILE HARBOR, ALABAMA

SUBSURFACE INVESTIGATIONS

MARINE LIFT BOAT

1. Description of Services. The Contractor shall provide a self-propelled lift-vessel capable of operating within 50-feet of water in order to support drilling operations within Mobile Alabama Harbor. The purpose for using a lift-vessel is to provide a safe, stable, work platform for USACE drilling crews while drilling operations are underway. The lift-vessel shall be fully manned and capable of supporting drilling operations within the Mobile Harbor. The estimated number of days to complete the drilling mission, including weather delays, is 28 days; this does not include the time to mobilize the vessel to Mobile Harbor.

The number of days could extend to a total of 39 days if the optional CPT borings are executed. The estimated number of days may change depending on customer needs. The Contractor shall also supply a crew boat to transport the drilling crew and any supplemental supplies to and from the lift-vessel; a crane capable of lifting up to 50,000lbs to load and unload drill rig and supplies. The Contractor will supply adequate dock space to load and unload necessary supplies and equipment for use in the proposed contract.

The contractor shall be responsible for securing the drilling rig to the vessel which meets the approval of the Government, if needed. There is to be sufficient room on deck to accommodate 20’ drill string lay-downs during drilling operations; if not, a rod-trough that extends outside of the deck footprint may need to be constructed at the cost of the contractor. The contractor shall provide sufficient working area around the drill rig to allow the crew to safely conduct drilling operations; this may require construction of additional deck space.

2. Site Information. Site maps, navigation charts and bathymetric maps may be acquired from the Savannah District, Geology Section, POC Jason Lennane 912-652-5669, email;

jason.t.lennane@usace.army.mil Historical tide data can be acquired from the NOAA Tides and Currents website;

https://tidesandcurrents.noaa.gov/noaatidepredictions.html?id=8735180. Borehole coordinates will be provided by the Savannah District for navigational purposes. Hard copy maps can be made available upon request.

3. Lift-Vessel Requirements. The lift-vessel shall be self-propelled, be capable of jacking up a minimum of 50-feet above the seafloor and far enough above water level to clear tidal swells. Deck must have an 8” minimum diameter moon-pool to allow the drill string to be lowered through the deck to the seafloor. Onboard water pump, electrical generation, and crane capacity is required. The vessel shall be in compliance with established US Coast Guard guidelines and regulations. Vessel must be able to support a drilling rig weighing up to 20 tons along with additional supplies and tooling.

The Contractor shall provide a crew boat capable of safely transporting the drilling crews (up to 5 people) and any supplemental supplies safely from the dock to the lift-vessel moored offshore. Crew will be transported from the mainland and returned after daily drilling activities each day. Contractor must provide area on mainland to park two government owned vehicles with dock access for crew pick-up and drop-off for the duration of the project. Contractor shall also provide storage of vehicles which consist of two semi-truck/trailers combos during the duration of the project.

4. Workday. The Contractor shall ensure that the vessel and crew are prepared to conduct

12‐hour operations. One (1) USACE drilling crew will conduct 1‐drilling shift within a 12‐ hour period. One drilling shift shall consist of a ten (10) hour day, with two hours allocated for transport on and off the vessel by a crew boat. Some workdays may be extended due to reasons out of the Governments’ control such as weather delays, harbor delays or mechanical breakdowns.

5. Survey and Elevations. The Contractor shall provide a high-accuracy GPS capable of positioning the moon pool/drilling stem within < 2 ft. of target coordinates to assist with navigation and locating of the borings, and ocean floor depth. All horizontal locations shall be given in AL state plane international feet coordinates referenced to North American Datum 1983. Any vertical elevation corrections will be referenced to Mean Lower Low Water.

6. Safety. Safety of all parties is a major concern. The drilling work is to have a no effect on navigation and must comply with all requests from the Coast Guard and the Port Captain.

The Contractor shall submit an Activity Hazard Analysis to the Savannah District Safety Officer for potential hazards associated in operating a lift vessel within the navigation channel in offshore environments. The USACE drilling agency, in turn, shall comply with guidance established in the Corps of Engineers Safety Manual, EM 385-1-1, dated 30 NOV 2014. All personnel shall be properly clothed and protected for working on the water. As a minimum, hard hat, steel toed safety boots, personal flotation devices, eyewear, and hearing protection will be utilized. Drinking water will be on hand to prevent dehydration. The Savannah District reserves the right to halt drilling operations for any safety violations The Savannah District Safety Officer is Kathleen Campbell-Miles, 912-652-5726.

7. Drilling Operations. The drilling agency shall perform 26 borings within Mobile Harbor.

The lift-vessel provider shall be able to set up on 26 boring locations identified in Table 1 within and around the shipping channel of Mobile Harbor which the lift-vessel operator shall be required to position the vessel, lift the work platform and vessel above the water surface prior to commencement of drilling. The work shall be conducted in such a manner that does not adversely impact navigation in the entrance channel. For technical questions contact Jason Lennane 912-652-5669 or Steven Widincamp 912-652-5670.

8. Borings. Drilling shall be done at the coordinates provided in Table 1, or on the maps shown, or as directed by the Government. 26 SPT borings is to be advanced using a full-sized rubber tire drilling rig weighing up to 15 tons. The SPT borings are to be completed first before any optional CPT work may be performed. POC for the drilling rig dimensions is Steve Widincamp; 912-652-5670, email; steven.d.widincamp@usace.army.mil.

9. Optional CPT Borings (Option 1). As on option, the government may want to obtain additional data utilizing a CPT drill rig. Coordinates are also provided in Table 1, or on the maps shown, or could potentially be directed by the Government. If the CPT option is executed, 8 CPT borings are to be advanced using a 20-ton steel track CPT rig. POC for the drilling rig dimensions is Steve Widincamp; 912-652-5670, email;

steven.d.widincamp@usace.army.mil.

10. Inclement Weather. Inclement weather is defined as rough weather and water conditions that hamper or prevent safe drilling as determined by the lead driller and inspector, or vessel navigation as determined by the lift-boat Captain. Inclement weather time, in increments of hours, shall be determined by the drilling agency’s inspector and lift-boat Captain. If inclement weather threatens the safety of the vessel and all aboard, the lift-boat Captain has the authority to declare cessation of drilling operations, raise the spuds, and conduct expedient movement to the nearest harbor shelter. Inability for the vessel to mobilize to boring locations due to any NOAA Tropical Weather Warnings will not be will be considered an extreme weather event and will not be paid as down time.

11. Captain’s Responsibility. The Captain of the lift vessel shall be responsible for the lift vessel and the safe transportation of personnel and equipment on it. He shall make determinations relevant to the efficient and safe navigation, operation, and docking of vessels. He shall cooperate with the driller in setting up on the proposed drilling location as directed by the driller or onboard geologist. He shall make determinations as to safety of his vessels during inclement weather and for setting up in the river, high water conditions, rough seas, or fast currents at the drill site. An initial kick-off meeting with the lift-vessel captain, USACE representatives, and local harbor pilots shall be required to identify boring locations which could potentially pose an issue for continued shipping navigation during setup or drilling and mitigate any potential conflicts prior to commencement of drilling operations

12. Weekly Status Reports. During the work period of the task order a weekly progress teleconference shall be conducted. Participants shall include a person from the drilling agency, lift boat Captain (pending duties) and the on‐board geologist. The call is to provide a brief oral overview of the activities for the previous week. This time may also be used to discuss potential problems and solutions related to contract performance or conditions that might affect performance.

13. Schedule. The estimated schedule for this work is as follows:

Begin drill work in Entrance Channel: August 2020.

Finish Drill work in Entrance Channel: 28 days from start of drilling operations.

(39 days if optional CPT borings are executed.)

14. Coordination. The principal Savannah District technical point of contact for this task order is Mr. Steven Widincamp.

15. Bids: Contractor bid shall include daily rate for mobilization (which includes loading and unloading of drilling equipment and supplies), daily rate for work days, daily rate for weather days and daily rate for off days deemed necessary by the government with the exception of two mandatory non-paid off days. At least two non-paid off days shall be included in the bid to give Government personnel time off for maintenance and downtime.

Contractor will only be paid based on number of days used since the overall number of days

(28) are estimated based on the current customer needs. Customer needs may change during the course of the project based on drilling data. Workdays, off days and weather days not utilized by the government will not be paid to the contractor. Contractor will be paid based on rate used since the overall numbers of days is estimated based on the current customer needs.

16. Option 1 Bid. Contractor bid shall include daily rate for loading and unloading of drilling equipment and supplies, daily rate for workdays, daily rate for weather days and daily rate for off days deemed necessary by the government. Contractor will only be paid based on number of days used since the overall number of days (11) are estimated based on the current customer needs. Customer needs may change during the course of the project based on drilling data. Workdays, off days and weather days not utilized by the government will not be paid to the contractor.

17. Points of Contact.

Savannah district, Technical Lead:

Name: Jason Lennane, Title: Chief, Geology Section Email: Jason.Lennane@usace.army.mil Phone: 912-652-5669

Savannah District, Contracting Officer:

Name: Whittni C. Hiscox Title: Contracting Officer Email: Whittni.C.Hiscox@usace.army.mil Phone: 912-652-5421

Savannah district, Drilling Rig POC Name: Steve Widincamp Title: Drilling Rig POC Email: Steven.D.Widincamp@uasce.army.mil Phone: 912-652-5670

W912HN20Q5021

18. Drilling Target Coordinates. See Table 1, below.

Boring Number X Y Boring Depth

MHSPT-01-19 -88.036874 30.225280 15

MHSPT-02-19 -88.036676 30.228145 15

MHSPT-03-19 -88.037531 30.243501 30

MHSPT-04-19 -88.040449 30.248958 35

MHSPT-05-19 -88.038308 30.252990 40

MHSPT-06-19 -88.037559 30.257838 40

MHSPT-07-19 -88.038420 30.263408 40

MHSPT-08-19 -88.035916 30.268631 40

MHSPT-09-19 -88.036924 30.274291 40

MHSPT-10-19 -88.034460 30.279329 40

MHSPT-11-19 -88.035397 30.284901 40

MHSPT-12-19 -88.032966 30.290005 40

MHSPT-13-19 -88.033743 30.295453 40

MHSPT-14-19 -88.031421 30.300629 40

MHSPT-15-19 -88.032178 30.306018 40

MHSPT-16-19 -88.029955 30.311263 40

MHSPT/CPT-01-

19 -88.029546 30.659752 80

MHSPT/CPT-02-

19 -88.029036 30.660694 80

MHSPT/CPT-03-

19 -88.029969 30.661521 50

MHSPT/CPT-04-

19 -88.028373 30.661592 80

MHSPT/CPT-06-

19 -88.028978 30.662688 60

MHSPT/CPT-08-

19 -88.027612 30.663334 50

OPTION 1 CPT Borings Boring Number X Y Boring Depth

MHCPT-01-19 -88.029546 30.659752 80

MHCPT-02-19 -88.029036 30.660694 80

MHCPT-03-19 -88.029969 30.661521 50

MHCPT-04-19 -88.028373 30.661592 80

MHCPT-06-19 -88.028978 30.662688 60

MHCPT-08-19 -88.027612 30.663334 50

ADDCPT-1-20 -87.996671 30.568030 80

ADDCPT-2-20 -87.990522 30.545396 80

MHSPT/CPT-01-19

MHSPT/CPT-02-19

MHSPT/CPT-03-19

MHSPT/CPT-05-19

MHSPT-01-19MHSPT-02-19

MHSPT-03-19MHSPT-04-19

MHSPT-05-19 MHSPT-06-19

MHSPT-07-19 MHSPT-08-19

MHSPT-09-19 MHSPT-10-19

MHSPT-11-19 MHSPT-12-19

MHSPT-13-19 MHSPT-14-19

MHSPT-15-19 MHSPT-16-19

ADD CPT-1-20

ADD CPT-2-20

APRIL 2020 PLATE 1

MOBILE HARBOR

BORING LOCATION

OVERVIEW MAP

Mobile, Alabama μ

Legend Mobile Harbor

#* SPT

#* SPT/CPT

#* CPT

U.S. ARMY

CORPS OF ENGINEERS

SAVANNAH DISTRICT

SAVANNAH, GEORGIA

Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

0 5 10

Miles

Document Path: G:\EN-GG\GIS\Mobile Harbor\Mobile Harbor Plate 1.mxd

MHSPT/CPT-01-19

X: -88.029546 Y: 30.659752

MHSPT/CPT-02-19

X: -88.029036 Y: 30.660694

MHSPT/CPT-03-19

X: -88.029969 Y: 30.661521

MHSPT/CPT-04-19

X: -88.028373 Y: 30.661592

MHSPT/CPT-05-19

X: -88.027951 Y: 30.662281

MHSPT/CPT-06-19

X: -88.028978 Y: 30.662688

MHSPT/CPT-07-19

X: -88.026919 Y: 30.662833

MHSPT/CPT-08-19

X: -88.027612 Y: 30.663334

APRIL 2020 PLATE 2

MOBILE HARBOR

BORING LOCATION

INLAND MAP

Mobile, Alabama μ

Legend Mobile Harbor

#* SPT

#* SPT/CPT

#* CPT

U.S. ARMY

CORPS OF ENGINEERS

SAVANNAH DISTRICT

SAVANNAH, GEORGIA

Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

0 450 900

Feet

Document Path: G:\EN-GG\GIS\Mobile Harbor\Mobile Harbor Plate 2 Inland.mxd

Possible Landing Area

MHSPT-01-19

X: -88.036874 Y: 30.22528

MHSPT-02-19

X: -88.036676 Y: 30.228145

MHSPT-03-19

X: -88.037531 Y: 30.243501

MHSPT-04-19

X: -88.040449 Y: 30.248958

MHSPT-05-19

X: -88.038308 Y: 30.25299

MHSPT-06-19

X: -88.037559 Y: 30.257838

MHSPT-07-19

X: -88.03842 Y: 30.263408

MHSPT-08-19

X: -88.035916 Y: 30.268631

MHSPT-09-19

X: -88.036924 Y: 30.274291

MHSPT-10-19

X: -88.03446 Y: 30.279329

MHSPT-11-19

X: -88.035397 Y: 30.284901

MHSPT-12-19

X: -88.032966 Y: 30.290005

MHSPT-13-19

X: -88.033743 Y: 30.295453

MHSPT-14-19

X: -88.031421 Y: 30.300629

MHSPT-15-19

X: -88.032178 Y: 30.306018

MHSPT-16-19

X: -88.029955 Y: 30.311263

APRIL 2020 PLATE 3

MOBILE HARBOR

BORING LOCATION

OUTER HARBOR MAP

Mobile, Alabama μ

Legend Mobile Harbor

#* SPT

#* SPT/CPT

#* CPT

U.S. ARMY

CORPS OF ENGINEERS

SAVANNAH DISTRICT

SAVANNAH, GEORGIA

Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

0 4,400 8,800

Feet

Document Path: G:\EN-GG\GIS\Mobile Harbor\Mobile Harbor Plate 3 Outer.mxd

ADD CPT-1-20

X: -87.996671 Y: 30.56803

ADD CPT-2-20

X: -87.990522 Y: 30.545396

APRIL 2020 PLATE 4

MOBILE HARBOR

BORING LOCATION

RELLIC AREA MAP

Mobile, Alabama μ

Legend Mobile Harbor

#* SPT

#* SPT/CPT

#* CPT

U.S. ARMY

CORPS OF ENGINEERS

SAVANNAH DISTRICT

SAVANNAH, GEORGIA

Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

0 6,900 13,800

Feet

Document Path: G:\EN-GG\GIS\Mobile Harbor\Mobile Harbor Plate 4 Rellic Area.mxd

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items MAR 2020 52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

252.204-7006 Billing Instructions OCT 2005

Section I - Contract Clauses

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

DEC 2019

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-4 Payments Under Transportation Contracts and

Transportation-Related Services Contracts

APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-21 Contractor Liability for Personal Injury and/or Property

Damage

APR 1984

52.249-4 Termination For Convenience Of The Government (Services) (Short Form)

APR 1984

52.249-8 Alt I Default (Fixed-Price Supply and Service) (Apr 1984) - Alternate I

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

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

Incident Reporting

DEC 2019

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

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

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 JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(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.)

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

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

____ (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.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

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

___ (5) [Reserved]

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

C).

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

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

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

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

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

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

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

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

____ (13) [Reserved]

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

____ (ii) Alternate I (MAR 2020).

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

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

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

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (MAR 2020) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (MAR 2020) of 52.219-9.

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

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

XX (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

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

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

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

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

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

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

XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

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

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

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

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

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

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

____ (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.

13513).

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

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

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

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

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

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (MAY 2014) of 52.225-3.

____ (iii) Alternate II (MAY 2014) of 52.225-3.

____ (iv) Alternate III (MAY 2014) of 52.225-3.

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

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

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

chapter 67).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

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

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

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

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

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

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

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

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

2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

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 10 Days of contract expiration.

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):

https://www.acquisition.gov/

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

(b) The use in this solicitation or contract of any DFARS (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause

Section K - Representations, Certifications and Other Statements of Offerors

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2020)

ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision--

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“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. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) 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 veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is…