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BREATHING AIR COMPRESSOR MAINTENANCE Federal contract opportunity
Solicitation number
M0068121Q0058
Issued by
United States Marine Corps

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SEE ADDENDUM

(No Collect Calls)

M0068121Q0058 16-Jun-2021

b. TELEPHONE NUMBER

760-725-3358

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 24 Jun 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M006819. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

GARY LANE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

M0220321SUTFTA5

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

REGIONAL CONTRACTING OFFICE-MCIWEST

P O BOX 555027

CAMP PENDLETON CA 92055-5027

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE M02203 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

HHS ATTN STATION PROPERTY

TRAVIS RUSH

BLDG 6216

SAN DIEGO CA 85369-9105

TEL: 858-577-7573 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

811310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF57

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M0068121Q0058

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 3 Quarter

BREATHING AIR COMPRESSOR MAINTENANCE

FFP

Routine annual service for MAKO Breathing Air Compressor Model Number:

BAM07E3Serial Number: 5407H1005Includes: Maintenance Parts-Purification cartridges-Air filter-Oil, Routine air sample to be performed during service to be provided in accordance with the Statement of Work.

FOB: Destination

MILSTRIP: M0220321SUTFTA5

PURCHASE REQUEST NUMBER: M0220321SUTFTA5

PSC CD: J042

NET AMT

0002 3 Quarter

MAINTENANCE, REPAIR, AND REBUILDING OF EQUIPMENT- FIRE

FIGHTING,

FFP

Air sample to be performed three (3) times a year to be provided in accordance with the Statement of Work.

FOB: Destination

MILSTRIP: M0220321SUTFTA5

CALIBRATION OF GAS CYLINDERS

FFP

Calibration of PPM 17-Liter and 0-PPM 17-Liter Gas cylinders, (when required) to be provided in accordance with the Statement of Work. Funding is done via

Contract Modification. Pricing for calibration will be included via modification at cost of $_______________________.

OVER AND ABOVE WORK

FFP

Over and above repairs are identified as any and all additional repairs outside normal preventative maintenance services in accordance with DFARS Clause

252.217-7028 Over and Above CLINS are funded only after Over and Above services are identified; funding is done via Contract Modification. THE HOURLY

LABOR RATE OF $______ WILL BE UTILIZED FOR OVER AND ABOVE

WORK.

1001 3 Quarter

OPTION BREATHING AIR COMPRESSOR MAINTENANCE

FFP

Routine annual service for MAKO Breathing Air Compressor Model Number:

BAM07E3Serial Number: 5407H1005Includes: Maintenance Parts-Purification cartridges-Air filter-Oil, Routine air sample to be performed during service to be provided in accordance with the Statement of Work. OY1

FOB: Destination

1002 3 Quarter

OPTION MAINTENANCE, REPAIR, AND REBUILDING OF EQUIPMENT- FIRE

FIGHTING,

FFP

Air sample to be performed three (3) times a year to be provided in accordance with the Statement of Work. OY1

OPTION CALIBRATION OF GAS CYLINDERS

FFP

Calibration of PPM 17-Liter and 0-PPM 17-Liter Gas cylinders, (when required) to be provided in accordance with the Statement of Work. Funding is done via

Contract Modification. OY1 Pricing for calibration will be included via modification at cost of $_______________________.

OPTION OVER AND ABOVE WORK

FFP

Over and above repairs are identified as any and all additional repairs outside normal preventative maintenance services in accordance with DFARS Clause

252.217-7028 Over and Above CLINS are funded only after Over and Above services are identified; funding is done via Contract Modification. THE HOURLY

WORK. OY1

2001 3 Quarter

OPTION BREATHING AIR COMPRESSOR MAINTENANCE

FFP

Routine annual service for MAKO Breathing Air Compressor Model Number:

BAM07E3Serial Number: 5407H1005Includes: Maintenance Parts-Purification cartridges-Air filter-Oil, Routine air sample to be performed during service to be provided in accordance with the Statement of Work. OY2

2002 3 Quarter

OPTION MAINTENANCE, REPAIR, AND REBUILDING OF EQUIPMENT- FIRE

FIGHTING,

FFP

Air sample to be performed three (3) times a year to be provided in accordance with the Statement of Work OY2

OPTION CALIBRATION OF GAS CYLINDERS

FFP

Calibration of PPM 17-Liter and 0-PPM 17-Liter Gas cylinders, (when required) to be provided in accordance with the Statement of Work. Funding is done via

Contract Modification. OY2 Pricing for calibration will be included via

OPTION OVER AND ABOVE WORK

FFP

Over and above repairs are identified as any and all additional repairs outside normal preventative maintenance services in accordance with DFARS Clause

252.217-7028 Over and Above CLINS are funded only after Over and Above services are identified; funding is done via Contract Modification. THE HOURLY

WORK. OY2

3001 3 Quarter

OPTION BREATHING AIR COMPRESSOR MAINTENANCE

FFP

Routine annual service for MAKO Breathing Air Compressor Model Number:

BAM07E3Serial Number: 5407H1005Includes: Maintenance Parts-Purification cartridges-Air filter-Oil, Routine air sample to be performed during service to be provided in accordance with the Statement of Work. OY3

3002 3 Quarter

OPTION MAINTENANCE, REPAIR, AND REBUILDING OF EQUIPMENT- FIRE

FIGHTING,

FFP

Air sample to be performed three (3) times a year to be provided in accordance with the Statement of Work. OY3

OPTION CALIBRATION OF GAS CYLINDERS

FFP

Calibration of PPM 17-Liter and 0-PPM 17-Liter Gas cylinders, (when required) to be provided in accordance with the Statement of Work. Funding is done via

Contract Modification. OY3 Pricing for calibration will be included via

OPTION OVER AND ABOVE WORK

FFP

Over and above repairs are identified as any and all additional repairs outside normal preventative maintenance services in accordance with DFARS Clause

252.217-7028 Over and Above CLINS are funded only after Over and Above services are identified; funding is done via Contract Modification. THE HOURLY

WORK. OY3

4001 3 Quarter

OPTION BREATHING AIR COMPRESSOR MAINTENANCE

FFP

Routine annual service for MAKO Breathing Air Compressor Model Number:

BAM07E3Serial Number: 5407H1005Includes: Maintenance Parts-Purification cartridges-Air filter-Oil, Routine air sample to be performed during service to be provided in accordance with the Statement of Work. OY4

4002 3 Quarter

OPTION MAINTENANCE, REPAIR, AND REBUILDING OF EQUIPMENT- FIRE

FIGHTING,

FFP

Air sample to be performed three (3) times a year to be provided in accordance with the Statement of Work. OY4

OPTION CALIBRATION OF GAS CYLINDERS

FFP

Calibration of PPM 17-Liter and 0-PPM 17-Liter Gas cylinders, (when required) to be provided in accordance with the Statement of Work. Funding is done via

Contract Modification. OY4 Pricing for calibration will be included via

OPTION OVER AND ABOVE WORK

FFP

Over and above repairs are identified as any and all additional repairs outside normal preventative maintenance services in accordance with DFARS Clause

252.217-7028 Over and Above CLINS are funded only after Over and Above services are identified; funding is done via Contract Modification. THE HOURLY

WORK. OY4

STATEMENT OF WORK

STATEMENT OF WORK

Background

MCAS Miramar Aircraft Rescue Firefighting (ARFF) is required to have their MAKO air machine tested on a quarterly bases in accordance with NFPA 1989 (5.1.1) Standard Breathing air quality for emergency services respiratory protection. The purpose of the machine being tested/serviced is to ensure that the air quality meets

OSHA Standard 1910.134(i).This standard dictates that “the employer to provide employees using atmosphere-supplying respirators (supplied-air and SCBA) with breathing gases of high purity”.

Objective

The goals of this contract is to ensure testing, maintenance and consistent servicing of MCAS Miramar Aircraft

Rescue Firefighting’s MAKO system. The Machine is required to be serviced every 90 days in accordance with

NFPA Standard 1989 (5.1.1) “Samples to meet this requirement shall be taken within 90 days ± 5 days of each other”. All maintenance will be done by the certified technician provide. MCAS Miramar’s ARFF logistics will maintain close liaison with The contractor to schedule appointments within the required time frame. Meeting all these requirements will ensure life safety requirements are met.

Scope

The contractor shall provide all testing and maintenance of MCAS Miramar ARFF’s MAKO system.

Task

Task

Number

Work

Milestones

1 Render the annual service and first quarter air sample

2 Second quarter air sample

3 Third quarter air sample

4 Fourth quarter air sample

5 Render the annual service and first quarter air sample

6 Second quarter air sample

7 Third quarter air sample

8 Fourth quarter air sample

9 Render the annual service and first quarter air sample

10 Second quarter air sample

11 Third quarter air sample

12 Fourth quarter air sample

13 Render the annual service and first quarter air sample

14 Second quarter air sample

15 Third quarter air sample

16 Fourth quarter air sample

17 Render the annual service and first quarter air sample

18 Second quarter air sample

19 Third quarter air sample

20 Fourth quarter air sample

21 Render the annual service and first quarter air sample

22 Second quarter air sample

23 Third quarter air sample

24 Fourth quarter air sample

Task 1

Routine annual service for MAKO breathing air compressor. This includes maintenance parts, purification cartridges, air filters, 20-PPM 17-liter calibration gas, 0-PPM 17-liter calibration gas and oil. Quarterly air sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 2

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 3

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 4

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 5

Routine annual service for MAKO breathing air compressor. This includes maintenance parts, purification cartridges, air filters, 20-PPM 17-liter calibration gas, 0-PPM 17-liter calibration gas and oil. Quarterly air sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 6

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 7

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 8

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 9

Routine annual service for MAKO breathing air compressor. This includes maintenance parts, purification cartridges, air filters, 20-PPM 17-liter calibration gas, 0-PPM 17-liter calibration gas and oil. Quarterly air sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 10

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 11

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 12

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 13

Routine annual service for MAKO breathing air compressor. This includes maintenance parts, purification cartridges, air filters, 20-PPM 17-liter calibration gas, 0-PPM 17-liter calibration gas and oil. Quarterly air sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 14

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 15

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 16

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 17

Routine annual service for MAKO breathing air compressor. This includes maintenance parts, purification cartridges, air filters, 20-PPM 17-liter calibration gas, 0-PPM 17-liter calibration gas and oil. Quarterly air sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided

Task 18

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 19

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 20

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 21

Routine annual service for MAKO breathing air compressor. This includes maintenance parts, purification cartridges, air filters, 20-PPM 17-liter calibration gas, 0-PPM 17-liter calibration gas and oil. Quarterly air sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided

Task 22

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 23

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Task 24

Routine Air sample- The sample shall be taken and tested in accordance with NFPA 1989 (5.6). Results of the sample tested will be provided electronically to MCAS Miramar ARFF Logistics personnel.

Security

The contractor shall contact (858) 307-6909 to gain access to the building.

Place of Performance

All tasks shall be performed at building 9227 on MCAS Miramar.

GOVERNMENT POINT OF CONTACT (TPOC). The Contracting Officer shall designate a Government Technical

Point of Contact (TPOC) during the term of this contract. The TPOC will provide assistance in identification and resolution of problems, conflicts in priority, subtask requirement definitions, and other operations type problems within the scope of this Statement of Work. The TPOC will provide technical clarification and assistance in support of the contract requirements. The TPOC DOES NOT have the authority to make changes and/or give direction under this contract. The only authority under this contract authorized to make changes, give direction, and/or provide monetary adjustments is the Contracting Officer from the Regional Contracting Office MCI-WEST, Camp

Pendleton CA, see paragraph 18. During periods when access to Government equipment is granted, the Contractor shall exercise precautions necessary to prevent loss or damage due to theft, carelessness, vandalism or any misuse.

The Contractor shall report, in writing, all cases of loss, damage or destruction of Government Property in his possession to the TPOC, as soon as such facts become known.

Contractor shall coordinate the PM inspections and repairs with the person Indicated below:

Information will be provided at time of award

Contracting Officer Authority. The Contracting Officer is the only person authorized to direct changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely in the Contracting Officer (Reference Block 31 on the SF1449). In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and solely at the risk of the contractor.

OVER AND ABOVE WORK.

The Contractor shall provide all items necessary such as labor, transportation, equipment, tools, supervision, management, quality control, testing equipment, materials, and parts required to perform over and above work repair, modification or replacement of equipment, parts, etc. in a timely manner. The Contractor shall substantiate the need for over and above work by describing the conditions that warrant the repair and why minor repair measures accomplished as part of regular maintenance will not suffice. The Contractor shall report the need for over and above work repairs to the TPOC.

General Requirements and Procedures for Over and Above work. As described in DFARS Clause 252.217-

7028, Over and Above Work authorizes the Contractor to perform repairs on identified equipment that is outside of the standard inspection requirements to insure equipment is sustained in good working order in accordance with manufacturer’s instructions. Work performed under this requirement will be billed under the Over and Above Work line item identified for each year’s period of performance.

Authority to Performance Over and Above Work. The Contracting Officer is the only person(s) with authority to authorize the Contractor to proceed with the work in accordance with the over and above work portion of the contract and work will be negotiated and approved in advance for each work request. All work requests will be ordered and approved in writing. The Government may elect not to make repairs but instead replace items.

Replacement items may be acquired either from the Contractor or from any other source determined to be advantageous to the Government.

Estimate, Preparation and Evaluation

The preparation of estimates is included in the price of the firm fixed-price portion of the contract.

Following equipment inspection, or if requested by the TPOC, the Contractor shall provide a written work estimate that will include the following minimum information:

(1) Contractor name and address.

(2) Contract number

(3) Date inspection was performed/call placed.

(4) Itemized list of parts required to perform repair, including quantity and price for each item.

(5) Estimated number of labor hours required to complete repair.

(6) Number of hours charged for travel if the repair is not part of the scheduled maintenance inspection.

Materials and Parts.

(1) Material price and parts shall be the lowest price available considering the availability of materials and the time constraints of the job. It shall include any discounts and/or rebates received by the Contractor. Parts shall be provided to the Government at the Contractor’s cost without mark up.

Estimate Evaluation. The Contractor’s estimate will be evaluated to determine if:

(1) The scope has been clearly and accurately identified.

(2) The number of labor hours has been accurately estimated.

(3) The cost of materials and parts are reasonable and properly documented. The material and parts shall include a detailed estimate of materials including such items as the name of the part, manufacturer of the part, the part number, the size, quality, quantity (number of units) and the unit prices.

(4) The estimated lead-time for the delivery of the part to the Contractor is included.

(5) The Contractor shall state the actual time it will take to perform the work from commencement to completion.

(6) The detailed estimate will be used to negotiate over and above work repairs and award of a firm fixed price modification to the contract. The Contractor shall not assume that a modification will be issued, and shall not order materials or proceed with any work until receipt of the modification.

WARRANTY. The Contractor guarantees that all items will be serviced or repaired in accordance with manufacturers’ specifications and applicable certification requirements as set forth by OSHA, NIOSH, MSHA, and

NFPA.

The Contractor guarantees all service and repairs for a period of one year, or until the next service period if shorter than a year, unless damage is due to misusing, tampering, fire damage, or normal wear-and-tear. Determination of application of one of the exceptions to warranty is in the sole discretion of the contracting officer.

Units which require calibration will be marked so that tampering is evident to the Contractor; if certified units require re-calibration for any reason, the units will be shipped to the Contractor and returned to the Government at

Contractor expense. Recalibration, which is not the result of one of the exceptions to warranty, will be done at no cost to the Government. Recalibration required due to an exception to warranty will be accomplished under the over and above repair CLINs.

INSTALLATION ACCESS AND SECURITY REQUIREMENTS.

CURRENT CONTRACTORS

RAPIDGate/MCESS card holders will be required to transition to the Defense Biometric Identification System

(DBIDS) credential in order to access MCB Camp Pendleton, MCAS Miramar, MCAS Yuma, MCRD San Diego, MCMWTC Bridgeport, MCAGCC 29 Palms and other controlled areas within the MCIWEST Region.

DBIDS credentials will be valid for the duration of your contract, not to exceed five years; however, re-vetting of individuals’ information will occur each year.

Contractors will be required to bring the following items:

Current RAPIDGate/MCESS credential

Second form of government-issued photo identification (Real ID Act Compliant, driver license, passport, etc.)

Company Contract/Letter of Authorization (this should come from the COR or the Contracting Officer)

SECNAV form 5512/1 (the sponsoring organization should complete block 28 of the SECNAV form).

New DBIDS credentials will be valid for the remainder of the contract (not to exceed 5 years), but individuals will be re-vetted each year.

Effective 1 October 2018, all contractors and venders must be in possession of a DBIDS credential that is authenticated for all MCIWEST and west coast Service-Level Training Installations (SLTI).

Access to MCB Camp Pendleton through Naval Weapon’s Station Seal Beach, Detachment Fallbrook is prohibited unless DBIDS credential is authenticated (I.E., work is also performed there).

NEW CONTRACTORS

New contractors requiring access to MCIWEST installations will be issued temporary passes for up to 60 days.

If you are a new contractor seeking enrollment into DBIDS, please contact the Contracting Officer and/or Contract

Specialist managing the contract awarded to your respective company.

Base access requirements and procedures may change during the term of a contract. The contractor shall comply with all changes, and such compliance shall not be grounds for a request for an equitable adjustment or other contract modification.

ADDITIONAL REQUIREMENTS

(a) Photography is restricted on the Base. Clearance for photography shall be obtained in advance from appropriate Base personnel. When requested, all film or storage media must be turned over for processing and security inspection.

Some areas of the Base may be inaccessible due to road conditions following heavy and/or prolonged rainfall.

Adjustments to work schedules due to road/weather conditions shall be coordinated with the Contracting Officer. If your vehicles get stuck or breaks down, military personnel cannot pull or tow your vehicle. Call MCRD San Diego

PMO ((619)524-4202) who will refer you to a civilian wrecker service or information (411) for assistance.

eCMRA The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Service Wheeled Equipment via a secure data collection site.

Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission

(D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address: https://sam.gov/SAM/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year

(FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://sam.gov/SAM/.

**To allow users additional time to transition from the former ECMRA to SAM, DOD is allowing a one-time only extension of the FY20 Service Contract Reporting (SCR) submission from 31 October 2020 to 31 January 2021.

**Contractors may submit and correct reports in SAM through this date on eligible service contracts performed during FY 2020 (Oct. 1, 2019 – Sep. 30, 2020).

**To assist DOD users and contractors with the transition, the DOD Guidebook for Service Contract Reporting in the SAM is available on the DOD Procurement Toolbox (https://dodprocurementtoolbox.com/sitepages/service-contract-reporting-scr).

OPTION TABLE

https://sam.gov/SAM/ https://sam.gov/SAM/ https://dodprocurementtoolbox.com/sitepages/service-contract-reporting-scr https://dodprocurementtoolbox.com/sitepages/service-contract-reporting-scr

Breathing Air Compressor Maintenance

CLIN

Description

Quan tity Unit of issue Unit Price Extended Price

Breathing Air Compressor

Maintenance in accordance with the

Statement of Work (SOW)

1 July 2021 – 30 June 2022

3 QT

Maintenance, Repair, and

Rebuilding of Fire Fighting

Equipment in accordance with the

Statement of Work (SOW)

1 July 2021 – 30 June 2022

3 QT

Calibration of PPM 17-Liter and 0-

PPM 17-Liter Gas cylinders in accordance with the Statement of

Work (SOW)

1 July 2021 – 30 June 2022

EA

Over and Above Work in accordance with the Statement of

Work (SOW)

1 July 2021 – 30 June 2022

EA

Base Period Subtotal

Breathing Air Compressor

Maintenance in accordance with the

Statement of Work (SOW)

1 July 2022 – 30 June 2023

3 QT

Maintenance, Repair, and

Rebuilding of Fire Fighting

Equipment in accordance with the

Statement of Work (SOW)

1 July 2022 – 30 June 2023

3 QT

Calibration of PPM 17-Liter and 0-

PPM 17-Liter Gas cylinders in accordance with the Statement of

Work (SOW)

1 July 2022 – 30 June 2023

EA

Over and Above Work in accordance with the Statement of

Work (SOW)

1 July 2022 – 30 June 2023

Option Year 1 Subtotal

Maintenance in accordance with the

Statement of Work (SOW)

1 July 2023 – 30 June 2024

3 QT

Maintenance, Repair, and

Rebuilding of Fire Fighting

Equipment in accordance with the

Statement of Work (SOW)

1 July 2023 – 30 June 2024

3 QT

Calibration of PPM 17-Liter and 0-

PPM 17-Liter Gas cylinders in accordance with the Statement of

Work (SOW)

1 July 2023 – 30 June 2024

EA

Over and Above Work in accordance with the Statement of

Work (SOW)

1 July 2023 – 30 June 2024

Option Year 2 Subtotal

Maintenance in accordance with the

Statement of Work (SOW)

1 July 2024 – 30 June 2025

3 QT

Maintenance, Repair, and

Rebuilding of Fire Fighting

Equipment in accordance with the

Statement of Work (SOW)

1 July 2024 – 30 June 2025

3 QT

Calibration of PPM 17-Liter and 0-

PPM 17-Liter Gas cylinders in accordance with the Statement of

Work (SOW)

1 July 2024 – 30 June 2025

EA

Over and Above Work in accordance with the Statement of

Work (SOW)

1 July 2024 – 30 June 2025

Option Year 3 Period Subtotal

Maintenance in accordance with the

Statement of Work (SOW)

1 July 2025 – 30 June 2026

3 QT

Maintenance, Repair, and

Rebuilding of Fire Fighting

Equipment in accordance with the

Statement of Work (SOW)

1 July 2025 – 30 June 2026

3 QT

Calibration of PPM 17-Liter and 0-

PPM 17-Liter Gas cylinders in accordance with the Statement of

Work (SOW)

1 July 2025 – 30 June 2026

EA

Over and Above Work in accordance with the Statement of

Work (SOW)

1 July 2025 – 30 June 2026

Option Year 4 Subtotal

Total Contract Value

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

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

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

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 N/A N/A N/A N/A

1004 N/A N/A N/A N/A

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 N/A N/A N/A N/A

2004 N/A N/A N/A N/A

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 N/A N/A N/A N/A

3004 N/A N/A N/A N/A

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 N/A N/A N/A N/A

4004 N/A N/A N/A N/A

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUL-2021 TO

30-JUN-2022

N/A HHS ATTN STATION PROPERTY

TRAVIS RUSH

BLDG 6216

SAN DIEGO CA 85369-9105

858-577-7573

M02203

0002 POP 01-JUL-2021 TO

30-JUN-2022

N/A (SAME AS PREVIOUS LOCATION)

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

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

1001 POP 01-JUL-2022 TO

30-JUN-2023

N/A HHS ATTN STATION PROPERTY

TRAVIS RUSH

BLDG 6216

SAN DIEGO CA 85369-9105

858-577-7573

1002 POP 01-JUL-2022 TO

30-JUN-2023

N/A (SAME AS PREVIOUS LOCATION)

1003 N/A N/A N/A N/A

1004 N/A N/A N/A N/A

2001 POP 01-JUL-2023 TO

30-JUN-2024

N/A HHS ATTN STATION PROPERTY

TRAVIS RUSH

BLDG 6216

SAN DIEGO CA 85369-9105

858-577-7573

2002 POP 01-JUL-2023 TO

30-JUN-2024

N/A (SAME AS PREVIOUS LOCATION)

2003 N/A N/A N/A N/A

2004 N/A N/A N/A N/A

3001 POP 01-JUL-2024 TO

30-JUN-2025

N/A HHS ATTN STATION PROPERTY

TRAVIS RUSH

BLDG 6216

SAN DIEGO CA 85369-9105

858-577-7573

3002 POP 01-JUL-2024 TO

30-JUN-2025

N/A (SAME AS PREVIOUS LOCATION)

3003 N/A N/A N/A N/A

3004 N/A N/A N/A N/A

4001 POP 01-JUL-2025 TO

30-JUN-2026

N/A HHS ATTN STATION PROPERTY

TRAVIS RUSH

BLDG 6216

SAN DIEGO CA 85369-9105

858-577-7573

4002 POP 01-JUL-2025 TO

30-JUN-2026

N/A (SAME AS PREVIOUS LOCATION)

4003 N/A N/A N/A N/A

4004 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

OCT 2020

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

AUG 2020

52.212-1 Instructions to Offerors--Commercial Items JUN 2020

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

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

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.232-7003 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

252.244-7000 Subcontracts for Commercial Items JAN 2021

252.246-7003 Notification of Potential Safety Issues JUN 2013

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

52.212-1 ADDENDUM

1. SUBMISSION OF QUOTATIONS: Quotations must be received no later than the date and time specified in block #8, page #1 – Pacific Daylight Time (PDT). Proposal shall be submitted via email. Hand-carry or courier service (mail) quotation shall not be accepted. Please respond to Gary Lane at gary.lane@usmc.mil directly with quotation.

Quoter is to complete 1449, signed and returned, with supporting documentation. To be determined Technically

Acceptable quoter shall provide sufficient documentation to support capability to meet or exceed the specifications of the solicitation. Failure to provide supporting documentation will render quoter non-responsive. Simply signing and returning the 1449 is not sufficient. Quoter shall provide supporting narrative to meet specifications.

2. QUESTIONS: Questions shall be submitted by email no later than 2 days after issuance of the solicitation to the email address listed below. No phone questions will be accepted. The deadline is necessary to ensure timely award and the Government may, in its sole discretion, choose not to respond to questions received after the deadline. All questions will be reviewed and responded to by an amendment to the solicitation. Email questions to gary.lane@usmc.mil.

3. PERIOD OF ACCEPTANCE OF OFFERORS: The pricing terms and conditions of the proposal shall be valid for 90 days unless a longer time is stated otherwise in the quote.

4. PRICING: The prices quoted shall be provided in the schedule of supplies/services of the SF1449. Line items

0001, 0002, 0003, 0004, 1001, 1002 1003, 1004, 2001, 2002, 2003, 2004, 3001, 3002, 3003, 3004, 4001, 4002, 4003, and 4004 should be completed by inserting the unit price and amount for each CLIN item. The quoter shall also identify the total cost inclusive of all CLIN item amounts. The quoted prices shall be limited to two decimal points, for example $10.10 not $10.009.

SAM. Offerors must be registered in the System for Award Management (SAM) database. Information in SAM should be current, if not – completion of the attached FAR Provision 52.212-3, Certifications and Representations is required with quotation. Information on registering in SAM may be obtained from www.sam.gov or calling 866-

606-8220. Registration in SAM is free.

CLAUSES INCORPORATED BY FULL TEXT

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

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

1. Technical Capability;

2. Price; and

3. Period of Performance

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

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

(End of provision)

52.212-2 ADDENDUM

Regional Contracting Office, Camp Pendleton, CA, is issuing Request For Quotation (RFQ) to procure Breathing

Air Compressor Services. This procurement is conducted in accordance with FAR Part 12 (Acquisition of

Commercial Items) utilizing FAR Part 13 (Simplified Acquistion Procedures).

Incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05, effective

03/10/2021 and DFARS Change Notice (DCN) 20210224, effective 02/24/2021

BASIS FOR AWARD. Basis for award will be Lowest Price Technically Acceptable (LPTA). The Government will award a contract resulting from this solicitation to the responsible offeror whom conforms to the solicitation.

The resulting award will be a Firm-Fixed Priced purchase order, all or none, to provide Breathing Air Compressor

Maintenance Services.

EVALUATION. The Government intends to make a single Firm Fixed Price award to satisfy this requirement.

Award will be made on the initial evaluation of quotes received in response to this RFQ. Therefore, quoters are cautioned to ensure that initial quotes contain your best terms from a technical and price standpoint. The following factors will be used to evaluate quotes:

Award will be made to the Offeror whose proposal provides the best value to the Government considering price and non-price factors. The evaluation factors and ratings were developed based on careful consideration of the objectives of the program and the performance capabilities required in meeting those objectives. The evaluation factors are:

1. TECHNICAL: Technical capability will be evaluated based on the following:

a. Contractor personnel shall provide sufficient documentation to support capability to maintain Mako

Breathing Air Compressor systems.

b. Quoter shall provide maintenance plan incorporating all tasks outlined within the Statement of Work

(Tasks 1 – 24).

Quoter shall provide sufficient supporting documentation to meet or exceed specifications. Failure to provide sufficient documentation may be rated technically unacceptable.

Rating will be in accordance with: RATING

DESCRIPTION

ACCEPTABLE Quotation meets the requirements of the solicitation.

UNACCEPTABLE Quotation does not meet the requirements of the solicitation.

2. PRICE: All quotes must be the Contractor’s Best Pricing. Price analysis shall be used to verify that the overall price offered is fair and reasonable.

3. PERIOD OF PERFORMANCE:

Base Year: July 2021 through June 2022

Opt. Year 1: July 2022 through June 2023

Opt. Year 2: July 2023 through June 2024

Opt. Year 3: July 2024 through June 2025

Opt. Year 4: July 2025 through June 2026

The Government expects to pay a fee inclusive of all charges to provide Breathing Air Compressor maintenance for

Marine Corps Air Station Miramar. Quote monthly fee inclusive of all business expenses related to this requirement.

Price, to include options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price of the base period. These calculations will be provided for all periods of performance.

The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of the options shall not obligate the Government to exercise the option(s).

***Incomplete submissions may not be considered***

4. EVALUATION PROCESS: The evaluation will proceed as follows:

Quotes will be ranked in order from lowest to highest based on the price. The lowest priced quotation will then be evaluated and receive a rating of Acceptable or Unacceptable based on the criteria below.

In order to be rated as Acceptable, the Technical quote must meet the Government's minimum requirements as described in the solicitation. Quotes deemed Unacceptable are those that fail to meet the Government's minimum requirements.

If the lowest priced quoter’s Technical quote is rated acceptable, the Government will then evaluate pricing to determine fair and reasonableness. If the lowest priced quotation is evaluated to have an acceptable technical quote and fair and reasonable prices, per FAR 8.405-1(f), the Government will complete a responsibility determination IAW the criteria specified in FAR 9.104-1. If found responsible, the Government may stop the evaluation process at this point as that quote represents the best value to the Government. Award shall be made to that offeror without further consideration of any other offers.

If the lowest priced quotation is assigned an unacceptable rating, or if the price is determined not fair and reasonable or if the quoter is found to be non-responsible, the next lowest priced quote will be evaluated. This process will continue (in ascending order) until a quoter is evaluated to have an acceptable technical rating, fair and reasonable prices and the offeror is deemed responsible. The government reserves the right to evaluate all quotes. The award will be made to the offeror whose quotation represents the best value to the government on a LPTA basis.

The Government reserves the right to award no contract, depending on the quality of the quotes submitted and availability of funds for the requirement. The Government intends to evaluate quotes and award a single contract without requesting or accepting revised quotes. Therefore, the quoters will be advised that their initial quote should contain the most favorable terms and reflect it’s best possible performance potential. The Government does reserve the right to clarify aspects of the quotes and hold discussions.

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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

(a) Definitions. As used in this provision --https://www.sam.gov/

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

(1) Means…

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