Solicitation-MEB_Services_FA3016-17-R-0001.pdf

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SEE ADDENDUM

(No Collect Calls)

FA3016-17-R-0001 10-Mar-2017

b. TELEPHONE NUMBER

210-671-0792

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 20 Mar 2017

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.

FA30169. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DAWN M. DAVENPORT

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

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 BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

502D CONTRACTING SQUADRON

1655 SELFRIDGE AVE

JBSA LACKLAND TX 78236-5253

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 F2MTW7 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

59 MDSG CCR F2MTW7

CONTRACT SERVICES

2200 BERQUIST DR RM 7

LACKLAND AFB TX 78236

TEL: 210-292-8402 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X 8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19,000,000

NAICS:

621498

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 OF103

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.

FA3016-17-R-0001

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1,960 Hours Physician Assistant Services

FFP

Physician Assistant Services IAW Performance Work Statement

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 1,960 Hours Nurse Practitioner Services

FFP

Nurse Practitioner IAW Performance Work Statement

UNIT UNIT PRICE MAX AMOUNT

0003 13,720 Hours Beneficiary Services Representative Svcs

FFP

Beneficiary Services Representative (PEBLO) Services IAW Performance Work

Statement

UNIT UNIT PRICE MAX AMOUNT

0004 1,960 Hours PEBLO Assistant Services

FFP

Physical Evaluation Board Liaison Officer Assistant IAW Performance Work

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED

Travel Allowance for PEBLO

COST

Travel on a cost reimbursable basis, in accordance with the PWS, for a not to exceed amount of $3,108.48.

MAX COST

UNIT UNIT PRICE MAX AMOUNT

1001 1,960 Hours OPTION Physician Assistant Services

FFP

UNIT UNIT PRICE MAX AMOUNT

1002 1,960 Hours OPTION Nurse Practitioner Services

FFP

UNIT UNIT PRICE MAX AMOUNT

1003 13,720 Hours OPTION Beneficiary Services Representative Svcs

FFP

Beneficiary Services Representative (PEBLO) Services IAW Performance Work

UNIT UNIT PRICE MAX AMOUNT

1004 1,960 Hours OPTION PEBLO Assistant Services

FFP

Physical Evaluation Board Liaison Officer Assistant IAW Performance Work

UNIT UNIT PRICE MAX AMOUNT

1005 UNDEFINED

OPTION Travel Allowance for PEBLO

COST

Travel on a cost reimbursable basis, in accordance with the PWS, for a not to

UNIT UNIT PRICE MAX AMOUNT

2001 1,960 Hours OPTION Physician Assistant Services

FFP

UNIT UNIT PRICE MAX AMOUNT

2002 1,960 Hours OPTION Nurse Practitioner Services

FFP

UNIT UNIT PRICE MAX AMOUNT

2003 13,720 Hours OPTION Beneficiary Services Representative Svcs

FFP

Beneficiary Services Representative (PEBLO) Services IAW Performance Work

UNIT UNIT PRICE MAX AMOUNT

2004 1,960 Hours OPTION PEBLO Assistant Services

FFP

Physical Evaluation Board Liaison Officer Assistant IAW Performance Work

UNIT UNIT PRICE MAX AMOUNT

2005 UNDEFINED

OPTION Travel Allowance for PEBLO

COST

Travel on a cost reimbursable basis, in accordance with the PWS, for a not to

UNIT UNIT PRICE MAX AMOUNT

3001 1,960 Hours OPTION Physician Assistant Services

FFP

UNIT UNIT PRICE MAX AMOUNT

3002 1,960 Hours OPTION Nurse Practitioner Services

FFP

UNIT UNIT PRICE MAX AMOUNT

3003 13,720 Hours OPTION Beneficiary Services Representative Svcs

FFP

Beneficiary Services Representative (PEBLO) Services IAW Performance Work

UNIT UNIT PRICE MAX AMOUNT

3004 1,960 Hours OPTION PEBLO Assistant Services

FFP

Physical Evaluation Board Liaison Officer Assistant IAW Performance Work

UNIT UNIT PRICE MAX AMOUNT

3005 UNDEFINED

OPTION Travel Allowance for PEBLO

COST

Travel on a cost reimbursable basis, in accordance with the PWS, for a not to

UNIT UNIT PRICE MAX AMOUNT

4001 1,960 Hours OPTION Physician Assistant Services

FFP

UNIT UNIT PRICE MAX AMOUNT

4002 1,960 Hours OPTION Nurse Practitioner Services

FFP

UNIT UNIT PRICE MAX AMOUNT

4003 13,720 Hours OPTION Beneficiary Services Representative Svcs

FFP

Beneficiary Services Representative (PEBLO) Services IAW Performance Work

UNIT UNIT PRICE MAX AMOUNT

4004 1,960 Hours OPTION PEBLO Assistant Services

FFP

Physical Evaluation Board Liaison Officer Assistant IAW Performance Work

UNIT UNIT PRICE MAX AMOUNT

4005 UNDEFINED

OPTION Travel Allowance for PEBLO

COST

Travel on a cost reimbursable basis, in accordance with the PWS, for a not to

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 980.00 1,960.00

0002 980.00 1,960.00

0003 980.00 13,720.00

0004 980.00 1,960.00

0005 $1.00 $3,108.48

1001 980.00 1,960.00

1002 980.00 1,960.00

1003 980.00 13,720.00

1004 980.00 1,960.00

1005 $1.00 $3,108.48

2001 980.00 1,960.00

2002 980.00 1,960.00

2003 980.00 13,720.00

2004 980.00 1,960.00

2005 $1.00 $3,108.48

3001 980.00 1,960.00

3002 980.00 1,960.00

3003 980.00 13,720.00

3004 980.00 1,960.00

3005 $1.00 $3,108.48

4001 980.00 1,960.00

4002 980.00 1,960.00

4003 980.00 13,720.00

4004 980.00 1,960.00

4005 $1.00 $3,108.48

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 980.00

1,960.00

0002 980.00

0003 980.00

13,720.00

0004 980.00

$1.00

$3,108.48

1001 980.00

1002 980.00

1003 980.00

1004 980.00

2001 980.00

2002 980.00

2003 980.00

2004 980.00

3001 980.00

3002 980.00

3003 980.00

3004 980.00

4001 980.00

4002 980.00

4003 980.00

4004 980.00

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 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

1005 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

2005 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

3004 Destination Government Destination Government

3005 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

4004 Destination Government Destination Government

4005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 28-APR-2017 TO

27-APR-2018

N/A 59 MDSG CCR F2MTW7

CONTRACT SERVICES

2200 BERQUIST DR RM 7

LACKLAND AFB TX 78236

210-292-8402

F2MTW7

0002 POP 28-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 28-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 28-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 28-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 28-APR-2018 TO

27-APR-2019

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 28-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 28-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 28-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 28-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 28-APR-2019 TO

27-APR-2020

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 28-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 28-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 28-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 28-APR-2019 TO

20-APR-2020

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 28-APR-2020 TO

27-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 28-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 28-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 28-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 28-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 28-APR-2021 TO

27-APR-2022

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 28-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 28-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 28-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 28-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

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

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-17 Ownership or Control of Offeror JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2016

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.217-5 Evaluation Of Options JUL 1990

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns NOV 2016

52.219-14 Limitations On Subcontracting NOV 2011

52.222-1 Notice To The Government Of Labor Disputes FEB 1997

52.222-3 Convict Labor JUN 2003

52.222-17 Nondisplacement of Qualified Workers MAY 2014

52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards MAY 2014

52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option

Contracts)

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-54 Employment Eligibility Verification OCT 2015

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-9 Limitation On Withholding Of Payments APR 1984

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

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

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991

52.242-13 Bankruptcy JUL 1995

52.242-15 Stop-Work Order AUG 1989

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

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

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

Hazardous Materials

SEP 2014

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or

State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1—(Instructions to Offerors-Commercial Items)

Addenda to 52.212-1(b), Submission of Offers. The paragraph is tailored as follows: 1. Paragraph (b) (10) is deleted in its entirety and replaced below under “Addenda to 52.212-1.

Addendum to 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: “The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.”

Addenda to 52.212-1(e), Multiple Offers. This paragraph is deleted in its entirety.

Addenda to 52.212-1(h), Multiple Awards. This paragraph is deleted in its entirety.

ADDENDA TO 52.212-1 (continued)

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal

Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this solicitation.

1. GENERAL INSTRUCTIONS

1.1. Point of Contact. If you have any questions, contact Dawn Davenport at (210) 671-5906 or via e-mail at dawn.davenport@us.af.mil and SSgt Daniel Straw at (210) 671-5907 or via e-mail at daniel.straw.1@us.af.mil.

1.2. Page Limitation. The page limit for the technical portion shall not exceed 10 pages. Page limitations shall be treated as maximums. This page limitation does not include the cover page and index of the volumes. If exceeded, the excess pages will not be read or considered in the evaluation of the offer.

1.3. Formatting. A page is defined as each face of a sheet of paper containing information. When both sides of a sheet display printed material, it shall be counted as two pages. Page size shall be 8.5 x 11 inches. Except for the reproduced sections of the solicitation document, the text size shall be no less than 12 pt. Times New Roman font.

Use at least 1 inch margins on the top and bottom and ¾-inch side margins. Pages shall be numbered sequentially by volume.

1.4. Organization. The proposal in response to this solicitation shall consist of two separate volumes: Volume I -

Price, and Volume II - Technical. All documents submitted in response to this Request for Proposal (RFP) must be fully responsive to and consistent with the requirements of the RFP. The Offeror shall include a Table of Contents, Solicitation Number, Company, Point of Contact Name, Phone Number, Email address, Company CAGE Code, and

DUNS Number.

1.5. Electronic Copies. To assure timely and equitable evaluation of proposals, offeror must follow the instructions contained herein. Proposals must be complete, self-sufficient, and respond directly to the requirement of this solicitation. Each volume shall be in separate PDFs. Proposal response shall be submitted electronically on or before the due date using the US Army Aviation & Missile Research Development & Engineering Center Safe Access File

Exchange (AMRDEC SAFE) https://safe.amrdec.army.mil/SAFE/Welcome.aspx.

1.6. Email Response. If the offeror encounters a problem with posting their response, the offeror must provide the proposal to Dawn Davenport, dawn.davenport@us.af.mil or SSgt Daniel Straw, daniel.straw.1@us.af.mil. The offeror will still be required by the stated time in the RFP. The offeror’s email response to this RFP shall include all of the information required in this RFP in the required format.

1.7. Late Proposals/Responses. Contractors are responsible for submitting their entire proposal by Monday, 20

March 2017 at 11:00 a.m. Central Daylight Time (CDT) in order to be considered timely. Any proposal, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of proposals is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late proposal would not unduly delay the acquisition; and if it was transmitted through an electronic commerce method authorized by the solicitation.

However, a late modification of an otherwise successful offer, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

1.8. Basis for Award. 502 CONS will issue a Task Order to the offeror whose proposal has been determined to offer the Best Value to the Government using Lowest Priced Technically Acceptable (LPTA) Procedures. For this

RFP best value means award will be made to the responsible contractor, whose services are technically acceptable and proposes the lowest Total Evaluated Price with inclusion of four 1-year option periods and a 6 month extension of services option in accordance with FAR 52.217-8.

1.9. Questions. All questions regarding this requirement periods shall be submitted by Wednesday, 15 March

2017 at 11:00 a.m. Central Daylight Time (CDT).

https://safe.amrdec.army.mil/SAFE/Welcome.aspx mailto:dawn.davenport@us.af.mil

1.10. Notice to Offeror. The Government reserves the right to cancel this RFP, either before or after the closing date. In the event the Government cancels this RFP, the Government has no obligation to reimburse an Offeror for any costs.

2. Volume I – PRICE PROPOSAL

2.1. The Contract Line Item Number (CLIN) pricing structure in the Bid Schedule (Attachment 1) is based on a

Firm-Fixed Price for the period of performance and the Cost Reimbursable CLIN for travel allowance for the

Beneficiary Services Representative. Offerors must propose on all CLINs with the exception of the Cost

Reimbursable CLIN for the travel allowance which includes a not to exceed amount of $3,108.48 for the base and each option year. Failure to comply will render the proposal unacceptable and ineligible for award in the absence of discussions. Complete (Attachment 1), Bid Schedule. Contractors are required to fill in the unit price for all CLINs identified in the Bid Schedule. The Unit Price shall be rounded to the penny to avoid rounding errors. Do not alter the Bid Schedule Excel spreadsheet; only fill in the proposed unit price for each labor category. The annual total column will be automatically calculated by the spreadsheet. The Government will only accept bid schedules that have been filled out electronically on the provided spreadsheet. Do not manually fill out the unit prices. Failure to comply with the above instructions may render the proposal unacceptable and ineligible for award in absence of discussions. If there is a difference in price between the SF 1449 and Attachment 1, the SF1449 takes precedence.

2.2. Complete the necessary fill-ins and certifications in provisions.

2.2.1. The CLIN pricing structure in the Bid Schedule is based on a Firm-Fixed Price for the period of performance, as well as a Cost Reimbursable CLIN for travel allowance in accordance with Joint Travel

Regulations for the Beneficiary Services Representative. Offerors must propose on all unpriced CLINs.

Failure to comply will render the proposal unacceptable and ineligible for award in the absence of discussions. Contractors are required to fill in the unit price for all CLINs identified in the Bid Schedule.

The Unit Price should be rounded to the penny to avoid rounding errors. Do not alter the Bid Schedule;

only fill in the proposed unit price for each CLIN. Failure to comply with the above instructions will render the proposal unacceptable and ineligible for award in absence of discussions.

3. Volume II – Technical and Management Approach. An Offeror must, at a minimum, demonstrate technical acceptability for each of the following factors:

3.1. The proposals shall be evaluated against the following sub factors identified in Addendum to 52.212-2:

i. Technical Factor 2.4.1. - Management Plan

ii. Technical Factor 2.4.2. - Quality Control Plan

FAR 52.212-2

FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS

1. BASIS FOR CONTRACT AWARD: This is a lowest price technically acceptable evaluation in which competing offerors' price and technical ability will be evaluated. Only offerors who are determined technically acceptable and whose price is determined reasonable are eligible for award. This award will be based on the guidance of FAR Subpart 13.5.

2. Unless specifically identified in your proposal, by submission of its offer, the offeror agrees to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. All technically acceptable offers shall be treated equally except for their prices. Failure to meet a technical requirement will result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The evaluation process shall proceed as follows:

2.1. Technical Acceptability. The Government will evaluate the technical submission on a pass/fail basis and assign ratings of Acceptable or Unacceptable as defined in 2.2 below.

2.2. The ratings consist of:

RATING DEFINITION

Acceptable Proposal clearly meets the minimum requirements of the solicitation

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation

2.3. The offeror’s submission shall, at a minimum, address each of the sub-factors in 2.4 below, as they apply to the

Performance Work Statement (PWS). Detailed instructions are included in the proposal preparation instructions section of this solicitation. During evaluation of each proposal, the Government will assign each sub-factor a rating as shown in 2.2 above. A rating of unacceptable in one or more technical sub-factors will constitute an overall rating of unacceptable for the technical evaluation. An overall rating of technical unacceptability may render the proposal ineligible for further award consideration in the absence of discussions.

2.4. The submissions shall be evaluated against the following sub-factors:

Technical Factor 2.4.1. - Management Plan

Standard: As part of the proposal, offerors will demonstrate a clear understanding of the requirement necessary to accomplish the mission for the entire scope of the PWS and period of performance. The Government will evaluate the management plan to include a hiring and retention plan to ensure that it reflects a sound management approach and clear understanding of the contract requirements. This evaluation will include an assessment of the offeror's ability to provide uninterrupted high-quality work and the ability to attract, recruit, and retain qualified service personnel in accordance with the PWS. The vendor may mark their technical proposal as proprietary, not releasable.

Plans indicating unrealistic, hiring and retention may be considered technically unacceptable.

The standard has been met when: Offeror’s hiring and retention plan demonstrates an understanding and plan to ensure the ability to obtain and retain suitably qualified personnel to meet mission objectives.

Technical Factor 2.4.2. – Quality Control Plan

Standard: As part of the proposal, offerors will demonstrate a clear understanding of the requirements necessary to accomplish the mission for the entire scope of the PWS and period of performance. The Government will evaluate the Quality Control Plan to assure that it reflects a sound approach and clear understanding of the contract requirements. This evaluation will include an assessment of the offeror's ability to provide uninterrupted consistent and successful performance work and the ability to ensure consistent and successful performance and consistent service in accordance with the PWS. The vendor may mark their technical proposal as proprietary, not releasable.

Plans indicating unrealistic Quality Control Plans may be considered technically unacceptable.

The standard has been met when: Offeror’s Quality Control Plan will ensure the ability to achieve consistent and successful performance to meet mission objectives.

3. Evaluation of Proposals. Proposals initially will be ranked based on total evaluated price. Total price will be determined by multiplying the quantities identified in the Bid Schedule by the proposed unit price for each Contract

Line Item Number (CLIN). The extended amounts for each CLIN will then be totaled to obtain the total for each performance period. The extended total for the basic performance will then be added to the extended total for each

Option period, to obtain the total evaluated price. Evaluation of option prices will not obligate the Government to exercise options. If five or fewer proposals are received, the Government will evaluate all proposals for technical acceptability. If more than five proposals are received, the Government will then evaluate the five lowest priced proposals for Technical Acceptability. However, the Government reserves the right to evaluate additional proposals for technical acceptability if deemed to be in their best interest. If additional proposals are evaluated for technical acceptability, they will be evaluated in the order of total evaluated price, when the agency determines that none of the initial five lowest priced proposals are qualified as acceptable. The agency will reject and not consider for award any proposal found technically unacceptable and ineligible for award under the terms of this RFP, in the absence of discussions.

3.1. Price Evaluation. The Government will evaluate the price information submitted in each offeror’s price proposal, as required by Addendum to FAR 52.212-1, paragraph 2. Volume I – PRICE PROPOSAL as described below. Any other data provided by the offeror with their price proposal that is not required by Addendum to FAR

52.212-1. Volume I – PRICE PROPOSAL will not be considered or evaluated. Evaluation of the options will not obligate the Government to exercise the option(s). Proposals will initially be ranked based on total evaluated price.

Total price will be determined by multiplying the quantities identified in the Bid Schedule by the proposed unit price for each Contract Line Item Number (CLIN). The extended amounts for each CLIN will then be totaled to obtain the total for each performance period. The extended total for the basic performance will then be added to the extended total for each Option period, to obtain the total evaluated price. Evaluation of option prices will not obligate the Government to exercise options.

3.1.1. The Total Evaluated Price consists of the base and all options periods including a potential extension exercise under FAR 52.217-8. The Cost Reimbursable CLINs for the travel allowance are also included in the Total

Evaluated Price. The contract will include four 1-year option periods and FAR clause 52.217-8, Option to Extend

Services, with the potential to extend the contract an additional 6 months beyond the contract performance period.

In the event that the Government requires continued performance, the Government’s evaluation of prices proposed will be considered fair and reasonable as applied to an extension of services. Should an extension of services be required, rates will be adjusted only as a result of revisions to applicable prevailing Department of Labor wage rates.

3.1.2. Price Reasonableness. The Government will conduct a complete analysis on the lowest priced technically

“Acceptable” proposal, to determine if proposal prices are reasonable in accordance with FAR 13.106-3(a). All prices for all contract periods will be evaluated for reasonableness, which will be determined based on adequate competition and/or comparison to the Independent Government Estimate as described in FAR 13.106-3. Evaluation of option prices will not obligate the Government to exercise options. Additionally, unreasonably high proposed costs or prices, initially or subsequently, may be grounds for eliminating a proposal from competition either on the basis that the Offeror does not understand the requirement or has submitted an unreasonable proposal.

3.2 Contractor Responsibility: The Government will verify contractor responsibility in accordance with FAR

9.104-1.

3.3 Discussions: The Government intends to award without discussions, however, if discussions are to be conducted, the Government will first establish the competitive range comprised of the most highly rated proposal, unless the range is further reduced for the purposes of efficiency. If after discussions have begun, the Government determines that a proposal should no longer be included in the competitive range, that proposal will be eliminated from consideration for award. Prior to establishing the competitive range, the Government will evaluate all revisions, the Government will then award to the Offeror remaining in the competitive range with the lowest evaluated price whose proposal is technically acceptable.

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2016)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (s) of this provision.

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

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and

Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational https://www.sam.gov/portal http://www.dol.gov/fairpayandsafeworkplaces

Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the

FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

http://www.osha.gov/dcsp/osp/approved_state_plans.html

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more…

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