B02 73351023Q0290 Solicitation.pdf
PDF 2 MB Posted
- Solicitation number
- 73351023Q0290
- Issued by
-
Small Business Administration
About this file
This request for quotation (RFQ) solicits proposals for recycling and media destruction services for the Small Business Administration offices located in Georgia. Offerors must provide pricing using the attached price schedule and include a technical approach narrative describing their process, including where destruction takes place and how items are tracked. Proposals are due by July 20, 2023. Award will be made to the responsible offeror providing the best value based on price and technical evaluation factors. The anticipated contract period is one base year with four optional one-year extensions. The estimated contract value is $240,000. This is a total small business set-aside.
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
208050
SUITE 301
721 19TH STREET
DENVER FINANCE CENTER
DENVER ACQUISITION OFFICE FOR SBA
CODE 16. ADMINISTERED BYCODE
X
X
X
562111
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR208050
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
07/20/2023 1300 ET
07/10/2023
Mary Kathleen Woodin (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
73351023Q0290
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 130 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
DENVER CO 80202
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
DENVER CO 80202
SUITE 301
721 19TH STREET
DENVER FINANCE CENTER
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$47
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
DENVER ACQUISITION OFFICE FOR SBA
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Recycling and Media Destruction Services for Small Business Administration - Georgia Offices
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
130 2 of
GENERAL INFORMATION
This is a Request for Quotation for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 13, as supplemented with additional information included in this notice. The Small Business Administration (SBA), the Office of Capital Access (OCA) and Office of Disaster Recovery & Resilience (ODR&R), contemplates award of a firm-fixed price task order. This announcement constitutes the only solicitation issued as Request for Quotation (RFQ) issuing solicitation 73351023Q0290 for reliable and secure recycling and destruction services for confidential materials that often contain PII or other sensitive information. NAICS 562111 Solid Waste Collection; PSC Code R614 Support Administrative Paper Shredding. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) 2023-04 and are available in full text through Internet access at http:// www.acquisition.gov/far/.
This is a total small business set aside. If your firm is interested in this acquisition, you may participate by submitting your response in accordance with the requirements and instructions contained herein.
RFQ QUESTIONS
Offeror must submit all technical questions concerning this solicitation in writing by e-mail to the Contracting Officer, Mary Kay Woodin at mary.woodin@sba.gov All questions must be submitted via e- mail, and received no later than 1:00 PM Eastern Time (ET) on July 14, 2023. Answers will be provided in form of an amendment.
RFQ DUE DATE
The due date for response to this RFQ at the addresses specified below is on or before 1:00 PM ET July 20, 2023. The Government reserves the right to not accept quotes received after the closing date and time. It is the responsibility of the offeror to provide a timely submission and ensure successful delivery to the Government.
Required technical and price quote volumes must be submitted via electronic copy directly to the Contracting Officer Mary Kay Woodin at mary.woodin@sba.gov.
INSTRUCTIONS TO OFFERORS
In order to participate under this acquisition offeror must submit a quote with the services and price related to the requirements identified herein.
The following information must be submitted in order to be considered for award:
1. Price Quote (See Attachment 2): your price quote shall be included with the offer using the price schedule provided. This reflects the unit price according to what is listed for each task, the extended total. Provide pricing information to include any and all discounts taken into consideration.
2. Technical Approach Narrative shall include your company’s experience with conducting a detailed description of the process to include scanning serial numbers, where destruction takes place, certificates, and reporting, as well as the following:
• Schedule: to include kick-off meeting and organizational chart of staff to meet task deliverables;
• Prior experience of three (3) requirements of similar size and scope
The quote must also contain the following:
A. Unique Entity Identifier (UEI) C. Contact Name, email and phone number B. Complete Business Mailing Address D. RFQ number and project title
Your quote may be considered non-responsive and will be rejected without further consideration for failure to submit all required information requested in this RFQ.
Offerors shall have an active SAM registration at time of offer, have a complete copy of their representations and certifications in SAM.gov, and shall indicate as such in their offer.
mailto:mary.woodin@sba.gov mailto:mary.woodin@sba.gov
ANTICIPATED AWARD TYPE
The SBA contemplates award of a firm-fixed price contract as a result of this Request for Quote (RFQ). Please include any and all discounts available in your response.
LIST OF ATTACHMENTS
Attachment 1 Statement of Work Attachment 2 Price Schedule Attachment 3 Limitations on Subcontracting Template Attachment 4 Wage Determination 2015-4471 Attachment 5 Guidelines for Media
BASIS FOR AWARD
Award will be made based on the lowest price that meets the minimum specifications requested in Instructions for Offerors and Specifications as it relates to this solicitation. The Government may perform a comparative evaluation to select the contractor that is best suited and provides the best value, considering the evaluation factors in this solicitation.
The Government anticipates selecting the best-suited contractor from initial responses, without engaging in exchanges with contractors. Contractors are strongly encouraged to submit their best technical responses and price. Once the Government determines the contractor that is best-suited, the Government reserves the right to communicate with only that contractor to address any remaining issues, if necessary, and finalize an award with that contractor. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the Government, the Government reserves the right to communicate with the next best-suited contractor based on the original analysis and address any remaining issues.
The Government reserves the right not to make an award.
*Partial quotes will not be accepted, and all quotes submitted shall include all line items contained in this RFQ to be considered for award. Please do not restate the SOW in your technical proposal. Please include any and all discounts available in your response.
PRICE QUOTE
The Offeror is expected to quote a reasonable price. The offeror’s price quote will be evaluated to determine fair and reasonableness.
(THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
BPA General
This Blanket Purchasing Agreement (BPA) will establish the terms and conditions applicable to orders awarded against
it. It does not bind the Government to the future award of any order at any dollar value. Any order awarded against this BPA shall be for services described in the attached statement of work for recycling and destruction services. Specific items, quantities, and prices, if awarded, will be awarded via call orders against this BPA. Emerging requirements that fall within the general description in the statement of work may be added without further opportunity to submit a BPA quote.
Legal Effect of the BPA and Orders.
This BPA is not a contract and may be cancelled by either party upon 30-days written notice. Orders against this BPA are offers to purchase until signed by both the contractor and the Contracting Officer. Once orders are counter-signed by the Contracting Officer and submitted to the contractor, orders are legally binding contracts. If the contractor fails to sign and return an order to the Contracting Officer within 2 working days following submission of the order to the contractor, the contractor should contact the Contracting Officer to ascertain whether or not the offer to purchase (order) is still valid.
Government Activities Authorized to Issue Orders Under this BPA.
SBA Acquisition Directorate Contracting Officers are authorized to issue orders under this BPA.
Method for Awarding a BPA.
A single BPA will be awarded to the offeror whose quotes in response to the solicitation provides the best value to the Government.
Method for Soliciting and Awarding Orders against a single BPA.
If the Government chooses to initiate a call against the BPA, the call will be submitted to the BPA holder via email.
The Government estimates, but does not guarantee, that the maximum volume of purchases through this Agreement will not exceed $240,000.00 for the entire period of performance. The Government is obligated only to the extent of authorized purchases actually made under this Agreement.
BPA Master Dollar Estimated Limit: $240,000.00 BPA Call Limit: $48,000.00 BPA Minimum: $2,500.00
If the call order is less than $2,500.00, the authorized COR and purchase cardholder is authorized to make a purchase.
The Purchase Card holder shall submit a Request for Quote directly to the contractor with all applicable information.
The contractor shall provide a quote to the Purchase Cardholder as listed above.
Upon acceptance of the quote, the purchase card holder will place the order and notify the CO via email of the order at the time the order was placed. The notification shall include a description of what was purchased and total purchase price (e.g. Provide a copy of the accepted quote).
The BPA holder may be required to certify to size standards prior to exercise of the BPA option periods or prior to the award of the orders. The orders will establish submission requirements and how submissions will be evaluated. The Government may cancel the BPA if order performance is less than satisfactory.
a. Orders for Services. Solicitations for orders for services will include a Statement of Work or Performance Work
Statement inclusive of the tasks to be performed, location of the work, order contract type, a deliverables schedule, applicable performance standards; and any special requirements.
b. Frequency of Ordering. Orders may be awarded or modified frequently as needs arise in response to the situation that require higher demands like the COVID-19 pandemic or other disasters that may occur.
c. Delivery Locations and Schedule. See Place of Performance the Statement of Work (SOW). Orders will specify schedule requirements, but generally, services will be required upon award. If services cannot be provided immediately upon award, quotes must provide estimated start dates for all services quoted.
Method for Issuing, Accepting and Delivering Orders.
Orders shall be placed by initiating a Call against this BPA and orders will be issued via written format only. The Contractor shall immediately notify the Contracting Officer in the event of any changes to Contractor Point Of Contact information, Contractor physical address, Contractor web address, or any other relevant information concerning ordering. All orders placed against this Agreement shall be Firm Fixed Price. Once an order is awarded, the contractor is responsible to comply with all requirements in this BPA and the resultant order.
Method for Pricing Orders.
Orders shall be priced in accordance with pricing under this BPA. The specified discount shall be incorporated into the resulting BPA and will be the minimum discount applied to all subsequent orders. The Government may request additional discounts on subsequent orders. All services listed are considered to be within the scope of this BPA.
Pricing for additional services or service elements within scope of the description provided in the statement of work may be requested, negotiated, and awarded via modification to this BPA or any order against this BPA by the Contracting Officer.
Service Delivery Terms.
a. Place of Performance. Work will be performed remotely at the contractor’s facility or remotely until the contractor is notified by the Government that Government facilities are available for onsite performance.
Exceptions to this requirement may be identified in individual orders.
☒ When notification of the availability of Government facilities is provided, work associated with this BPA must be performed at the following Government facility:
US Small Business Administration – ODR&R 101 Marietta Street NW, Suite 700 Atlanta, GA 30303 404-331-0333
POC: TBD
And
US Small Business Administration – ODR&R 3100 Medlock Bridge Rd, Building 300, Suite 350 Norcross, GA 30071
POC: TBD
b. Hours of Performance. The contractor shall typically perform work in support of orders against this BPA between the hours of 7:00 am and 5:00 pm local time. The local time zone will be specified in individual orders (i.e., Eastern Time, Mountain Time, etc.). Exceptions to this timeframe may be identified in the individual orders.
c. Period of Performance. The estimated period of performance is provided below. Periods of performance for orders against this BPA will be specified in the order.
d. Tasks. Specific tasks to be performed will be specified via orders against this BPA.
e. Deliverables. Deliverables will be specified via orders against this BPA.
Off-Ramping.
SBA reserves the unilateral right to off-ramp BPA holders if it is determined to be in the Government’s best interests. The BPA is not a contract. Either the SBA Contracting Officer or a BPA holder may cancel the BPA upon written notice to the other party. The placement of orders under the BPA is not guaranteed.
The cancellation of a BPA shall have no effect on a preexisting order placed under the BPA; such an order to include remaining option periods in such an order remains valid so long as the contractor’s applicable contract remains valid. A BPA holder’s obligations under an existing order are not impacted by the cancellation of a BPA.
Examples of why the Government may elect to off-ramp a BPA holder include but are not limited to the following:
1. Contractors who fail to maintain BPA awarded labor categories on the schedule;
2. Debarment, Suspension, or Ineligibility as defined in FAR Subpart 9.4;
3. Contractors who fail to consistently provide a response to BPA Call Order Request for Quotes;
4. Contractors who fail to complete BPA Call Order objectives.
On-Ramping
The Government intends to award up to one (1) BPA depending on the quality of quotes received. The Government reserves the right to reopen this RFQ to establish additional BPA holders, if the SBA Contracting Officer determine it to be in the best interest of the Government to increase competition, support socio-economic goals, or to achieve other Government interests or requirements.
The reopening of the solicitation (onboarding) will be achieved via a solicitation amendment. It is the Government’s intent to evaluate quotes received in response to the reissued/reopened BPA RFQ in accordance with the same or substantially the same evaluation factors in this original BPA RFQ; those evaluation factors and other instructions if any shall be detailed in the reissued/reopened RFQ. On-ramped quoter’s quote must be rated equal to or higher than the lowest rated Contractor originally awarded on the BPA.
Acquisition Plan
The Acquisition Plan at the BPA level satisfies the requirement for the Acquisition Plan at the Call Order level.
BPA Problems
BPA problems, of any nature, that may arise during the life of this BPA must be handled in conformance with very specific public laws and regulations (e.g. the Federal Acquisition Regulation). Only the Contracting Officer (CO) is authorized to formally resolve such problems. Therefore, the Contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.
If there is conflict between the Contractor’s GSA MAS and this BPA, then the GSA MAS Terms and Conditions will take precedence over the BPA Terms and Conditions. If there is a conflict between the BPA Terms and Conditions and any BPA Call Orders, then the BPA Terms and Conditions will take precedence over the BPA Call Order’s Terms and Conditions.
Designation of Contracting Officer’s Representative (COR)
(a) COR: Listed in Award Document (BPA and/or order(s))
(b) The individual named above is designated as the Contracting Officer's Representative (COR) to assist the Contracting Officer (CO) in the discharge of the CO's responsibilities. The COR is responsible for monitoring, giving progress reports to the (CO), and overall technical surveillance of services to be performed under this BPA and should be contacted regarding questions or problems of a technical nature. In no event will any understanding or agreement, modification, change order, or other matter deviating from the terms of the BPA between the Vendor and any person other than the CO be effective or binding upon the Government.
(c) When, in the opinion of the Vendor, the COR requests effort outside the existing scope of the BPA, the Vendor must promptly notify the CO in writing.
(d) No action will be taken by the Vendor under such technical instruction unless the CO has issued a contractual change.
(e) The responsibilities of the COR include, but are not limited to, the following:
(1) Serve as the point of contact through which the Vendor can relay questions or problems of a technical nature to the CS and the CO;
(2) Be responsible for the inspection and acceptance of the services performed and determining the adequacy of performance by the Vendor in accordance with the terms and conditions of this BPA;
(3) Confer with representatives of the Vendor regarding any non-performance or unsatisfactory performance; follow through to assure that all non-performance or unsatisfactory performance is performed/corrected or payment adjustment is recommended to the CS/CO;
(4) Review and certify invoices in accordance with invoicing instructions of the BPA.
Maintain a file with copies of these documents;
(5) Review and evaluate Vendor's deliverables;
(6) Advise the CS of any performance problems and make recommendations for corrective action to correct performance issues;
(7) Furnish the CS with any requests for change, deviation, or waiver (whether generated by Government personnel or Vendor personnel), including all supporting paperwork in connection with such change, deviation, or waiver; and
(8) Submit a written evaluation to the CS/CO within 60 days of BPA completion or annually on the anniversary date for BPAs that include options. The evaluation should include:
(i) The quality and timeliness of the Vendor's performance; and
(ii) A statement as to the uses made of any deliverables furnished by the Vendor.
FAR CLAUSES
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):
FAR Clauses: http:// www.acquisition.gov/far/
(End of Clause)
CLAUSES INCORPORATED BY REFERENCE
52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020 52.204-13 System for Award Management Maintenance OCT 2018 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial
Services
DEC 2022
52.232-18 Availability of Funds APR 1984
52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items
(JUNE 2023)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C.
3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
http://www.acquisition.gov/far/
[Contracting Officer check as appropriate.]
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2021) of 52.219-9.
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).
__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023)( 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 Concerns (Oct 2022) ( 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 (Oct 2022) ( 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 (Sep 2021) ( 15U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).
_X_(29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (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 (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 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.
__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103- 182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (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. Subtitle A, Part V, Subpart G 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 (Nov2007) ( 42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C.
4505, 10 U.S.C. 3805).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) ( 41 U.S.C. chapter 67).
_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-19, 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 (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219- 8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xi) 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.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 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).
(xv) 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).
(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-9 Option to Extend the Term of the Contract MAR 2000
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of the period of performance end date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
Provisions Section
All interested parties shall be registered in the System for Award Management or SAM at time an offer or quotation is submitted.
FAR 52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov
52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020
52.204-22 Alternative Line Item Proposal JAN 2017 52.209-7 Information Regarding Responsibility Matters OCT 2019 52.212-1 Instruction to offerors-Commercial Products or Commercial
Services
NOV 2021
FAR 52.212-2 Evaluation – Commercial Products and Commercial Services NOV 2021
The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Quotes will be reviewed and evaluated in accordance with FAR Part 13. Award will be made based on the best value, trade-offs, that meet the technical, prior experience and past performance requested in Instructions for Offerors and Statement of Work as it relates to this solicitation.
This solicitation is not stating nor required to state the relative importance assigned to each evaluation factor and/or sub factor.
Technical Technical is the factual documentation of the firm’s ability to meet the statement of work. Technical Approach Narrative shall include your company’s experience with conducting a detailed description of the process to include scanning serial numbers, where destruction takes place, certificates, and reporting, as well as the following:
• Schedule: to include kick-off meeting and organizational chart of staff to meet task deliverables;
• Prior experience of three (3) requirements of similar size and scope
Offers shall be able to provide the basic elements of the services working as part of an integrated team with federal agency staff as described in the statement of work immediately upon the start date of the contract. This section shall not exceed 10 pages.
Prior Experience Prior experience is the factual documentation or narrative of a firm’s experience, qualifications, and capability, along with providing three (3) examples of their firm’s most recent projects within the past five (5) years of similar size and scope. This section shall not exceed 10 pages.
https://www.acquisition.gov/
Offers will be evaluated on performance under existing contracts; experience of prior contracts of similar size and scope of services or deliverables with content, design, production and printing services as specified in the statement of work. The SBA Team will focus on information that demonstrates the quality of the work performance relative to it’s complexity.
Past Performance Evaluation will include assessment of the contractor’s commitment to customer satisfaction, and the quality of services delivered at fair and reasonable prices.
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.
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).
FAR 52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services
DEC 2022
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision—
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25
(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…
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