FA4484-13-R-0002_Propane_Solicitation.pdf

87 CONS/LGC

2402 VANDENBERG AVE

MCGUIRE AIR FORCE BASE NJ 08641

609-754-2413 609-754-3735

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

50 emp

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA4484-13-R-0002 06-Nov-2012

b. TELEPHONE NUMBER

609-754-0947

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 21 Nov 2012

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA4484

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE F3A3Q5 16. ADMINISTERED BY

87 CES/CEO-F3A3Q5

MR. JOSEPH FLEMMING

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

TEL: 609-754-4868 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

STEPHANIE M. FAULKNER

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

454310

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

TEL: EMAIL:

1 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS (CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA4484-13-R-0002

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

BASE YEAR 10 Dec 12 - 09 Dec 13

FFP

Contractor shall furnish all supervision, personnel, equipment, transportation, material and other items necessary to provide bulk propane deliveries Propane to JB MDL in accordance with attached performance work statement.

FOB: Destination

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AA 40,706 Gallon Propane (O&M)

FFP

Provide bulk propane deliveries to facilities (O&M funds). Includes propane per gallon cost subject to EPA plus a fixed per gallon fee not subject to EPA.

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AB 16,546 Gallon Propane (NAVAIR)

FFP

Provide bulk propane deliveries to facilities (NAVAIR funds). Includes propane per gallon cost subject to EPA plus a fixed per gallon fee not subject to EPA.

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AC 12,000 Gallon Propane (GWOT)

FFP

Provide bulk propane deliveries to facilities (GWOT funds). Includes propane per

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION OPTION YEAR ONE 10 Dec 13 - 09 Dec 14

FFP

Contractor shall furnish all supervision, personnel, equipment, transportation, material and other items necessary to provide bulk propane deliveries Propane to

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AA 40,706 Gallon OPTION Propane (O&M)

FFP

Provide bulk propane deliveries to facilities (O&M funds). Includes propane per

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AB 16,546 Gallon OPTION Propane (NAVAIR)

FFP

Provide bulk propane deliveries to facilities (NAVAIR funds). Includes propane

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AC 12,000 Gallon OPTION Propane (GWOT)

FFP

Provide bulk propane deliveries to facilities (GWOT funds). Includes propane per

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION OPTION YEAR TWO 10 Dec 14 - 09 Dec 15

FFP

Contractor shall furnish all supervision, personnel, equipment, transportation, material and other items necessary to provide bulk propane deliveries Propane to

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AA 40,706 Gallon OPTION Propane (O&M)

FFP

Provide bulk propane deliveries to facilities (O&M funds). Includes propane per

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AB 16,546 Gallon OPTION Propane (NAVAIR)

FFP

Provide bulk propane deliveries to facilities (NAVAIR funds). Includes propane

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AC 12,000 Gallon OPTION Propane (GWOT)

FFP

Provide bulk propane deliveries to facilities (GWOT funds). Includes propane per

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION OPTION YEAR THREE 10 Dec 15 - 09 Dec 16

FFP

Contractor shall furnish all supervision, personnel, equipment, transportation, material and other items necessary to provide bulk propane deliveries Propane to

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AA 40,706 Gallon OPTION Propane (O&M)

FFP

Provide bulk propane deliveries to facilities (O&M funds). Includes propane per

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AB 16,546 Gallon OPTION Propane (NAVAIR)

FFP

Provide bulk propane deliveries to facilities (NAVAIR funds). Includes propane

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AC 12,000 Gallon OPTION Propane (GWOT)

FFP

Provide bulk propane deliveries to facilities (GWOT funds). Includes propane per

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION OPTION YEAR FOUR 10 Dec 16- 09 Dec 17

FFP

Contractor shall furnish all supervision, personnel, equipment, transportation, material and other items necessary to provide bulk propane deliveries Propane to

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AA 40,706 Gallon OPTION Propane (O&M)

FFP

Provide bulk propane deliveries to facilities (O&M funds). Includes propane per

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AB 16,546 Gallon OPTION Propane (NAVAIR)

FFP

Provide bulk propane deliveries to facilities (NAVAIR funds). Includes propane

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AC 12,000 Gallon OPTION Propane (GWOT)

FFP

Provide bulk propane deliveries to facilities (GWOT funds). Includes propane per

PRICING SUMMARY SHEET

PRICING SUMMARY

SUMMARY OF PRICES FOR BASE YEAR AND FOUR OPTION YEARS

BASE PERIOD (10 DEC 12 – 9 DEC 13) $__________EST

Propane Cost per Gallon $__________

Fixed Fee per Gallon $__________

FIRST OPTION YEAR (10 DEC 13 – 9 DEC 14) $__________EST

Fixed Fee per Gallon $__________

SECOND OPTION YEAR (10 DEC 14 – 9 DEC 15) $__________EST

Propane Cost per Gallon $__________

Fixed Fee per Gallon $__________

THIRD OPTION YEAR (10 DEC 15 – 9 DEC 16) $__________EST

Propane Cost per Gallon $__________

Fixed Fee per Gallon $__________

FOURTH OPTION YEAR (10 DEC 16 – 9 DEC 17) $__________EST

Fixed Fee per Gallon $__________

GRAND TOTAL (BASE PERIOD PLUS FOUR OPTION YEARS) $__________EST

NOTE 1: COMPLETE UNIT PRICES AND TOTAL AMOUNTS FOR EACH LINE ITEM IN

THE SOLICITATION. TOTAL MUST BE EXACT. PLEASE DO NOT ROUND OFF.

NOTE 2: IN CASE OF VARIATION BETWEEN UNIT PRICE AND EXTENSION, UNIT

PRICE WILL BE CONSIDERED THE OFFER.

NOTE 3: FAILURE TO PROVIDE PRICING ON ALL CLINS (LINE ITEMS) WILL BE

CONSIDERED A NON-CONFORMING PROPOSAL AND WILL PRECLUDE THE

PROPOSAL FROM ANY FURTHER AWARD CONSIDERATION.

NOTE. 4: CLAUSES AND PROVISIONS IN THIS DOCUMENT WILL BE NUMBERED IN

SEQUENCE, BUT WILL NOT NECESSARILY APPEAR IN CONSECUTIVE ORDER.

NOTE 5: INSTRUCTIONS TO OFFERORS FOR COMMERCIAL ACQUISITIONS,

OFFEROR REPRESENTATIONS AND CERTIFICATION- COMMERCIAL ITEMS AND

PROPOSAL PREPARATION INSTRUCTIONS WILL BE PHYSICALLY REMOVED FROM

ANY RESULTANT AWARD, BUT WILL BE DEEMED TO BE INCORPORATED BY

REFERENCE IN THE AWARD.

STATEMENT OF WORK

FOR

BULK PROPANE DELIVERY

AT

JOINT BASE MCGUIRE-DIX-LAKEHURST

Joint Base McGuire-Dix-Lakehurst Rev 1

24 Oct 12

FOR

BULK PROPANE DELIVERY

AT

JOINT BASE MCGUIRE-DIX-LAKEHURST (JB MDL)

1.0. DESCRIPTION OF SERVICES. The contractor shall provide all personnel, equipment, tools, materials, consumables, supplies, vehicles, supervision, and other items or services necessary for bulk propane delivery at Joint Base McGuire-Dix- Lakehurst (JB MDL). The scope of work shall include but not limited to the procurement, scheduling and delivery of propane.

1.1. BASIC SERVICES. The contractor shall provide propane fuel, propane tanks (if applicable), determine the usage frequency, respond to unscheduled / unplanned delivery requirements, deliver / offload the propane fuel, and provide delivery meter tickets in accordance with OSHA Standard 1910.110 Storage and Handling of Liquefied Petroleum Gases. The workload data information is provided on Appendix A.

1.1.1. PROPANE FUEL. In accordance with FAR 52.216-2, the contract price shall be subject to a quarterly Economic Price Adjustment (EPA) according to the increase (or decrease) in the wholesale terminal rack price per gallon from the ConocoPhillips Bayway terminal, as published in the BPN (Butane-Propane Newsletter). The EPA shall be applied to the base fuel cost only. For purposes of price adjustment under EPA, the Base Index is the most recent Base Cost published in the BPN prior to receipt of offers.

The Adjusting Index is the most recent index prior to the date of contract adjustment.

1.1.2. PROPANE TANKS. The propane tanks listed on Appendix A are predominantly owned by the current propane provider. Some propane tanks are owned by the Government. The successful propane service contractor shall provide new propane tanks for the non-government owned propane tanks. The successful propane service contractor will be able to utilize the government owned propane tanks “as is” or replace at the convenience / cost to the contractor. This determination shall be provided in writing.

The Government assumes no liability concerning the integrity of the propane tanks located at Joint Base.

1.1.2.1. PROPANE TANKS REPLACEMENT (IF APPLICABLE). The removal / installation of the propane tanks shall be coordinated through the COR. Tanks installation shall be keep to minimum to avoid disruption to customers and mission. The contractor shall be responsible for all labor, material, and equipment. The contractor shall follow OSHA Standard 1910.110 when installing new propane tanks or exchanging old propane tanks for new propane tanks. New tanks shall adhere to DOT and ASME standards as applicable. All propane tank transitions shall be completed as the tanks’ propane fuel reaches a minimum tank level as determined by the COR. The COR shall simultaneously notify the current propane tank owner to remove his propane tank while notifying the successful propane provider to install a new propane tank. The contractor shall remove all liquefied petroleum gas from the designated tank and flare off remaining propane vapor. All liquefied gas removed shall become the property of the contractor.

The contractor shall provide a credit, less any removal or pump-out fees, to the Government for the reclaimed liquefied propane gas. These fees, if any, must be clearly stated in the contractor’s proposal. The contractor shall provide certified meter readings showing the amount of propane recovered. The COR shall provide coordinated oversight for timely propane tank exchanges. The contractor shall maintain the propane tanks in accordance with OSHA Standard 1910.110.

1.1.2.2. INSTALLATION OF ADDITIONAL PROPANE TANKS. The contractor may be required to install propane tanks at additional locations on the Joint Base not presently served by propane. The contractor shall furnish all labor, material, equipment, supplies and piping when installing new tanks in accordance with OSHA Standard

1910.110. New tanks shall adhere to DOT and ASME standards as applicable. The Government shall provide a concrete pad with an adjacent gas line stub-out. The contractor shall install tank, additional piping, fill valve, relief valve, service valve, fixed liquid level gauge, float gauge, vapor return valve, liquid withdrawal valve, and any other valves or gauges on or in the tank, as required. The contractor shall pressure test the new system prior to the introduction of gas in accordance with NFPA 54 (National Fire Protection Association: National Fuel Gas Code) and provide documentation.

1.1.2.3. REMOVAL OF PROPANE TANKS. The contractor may be required to remove propane tanks that are no longer required. The contractor shall furnish all labor, material, equipment and supplies to remove designated tank(s) and in accordance with OSHA Standard 1910.110. The contractor shall remove all liquefied petroleum gas from the designated tank and flare off remaining propane vapor. All liquefied gas removed shall become the property of the contractor. The contractor shall provide a credit, less any removal or pump-out fees, to the Government for the reclaimed liquefied propane gas. These fees, if any, must be clearly stated in the contractor’s proposal. The contractor shall provide certified meter readings showing the amount of propane recovered. The contractor shall properly cap the gas line after removing the gas line connection back to the gas line stub-out. The contractor shall remove and properly transport the empty tank from the site in accordance with all Federal, State and Local laws.

1.1.3. DELIVERY SCHEDULE. The contractor shall determine the propane delivery schedule for facilities’ heating based on the industry standard of degree days. The Government will provide the contractor with all available historical information in order to assist the contractor. In some instances, the Government will require unscheduled / emergency tank refills in which the contractor is required to respond within eight (8) hours. The contractor shall deliver and offload propane fuel in accordance with Department of Transportation (DOT) and OSHA Standard 1910.110.

1.1.4. REPORTS AND RECORDS. The contractor shall provide delivery meter tickets for each filled facility propane tank to the Contracting Officer Representative (COR) prior to leaving the base. The COR for McGuire-Dix is located in Building 3104 and the COR for the Lakehurst is located in Building 5. The contractor shall immediately notify the Contracting Officer (CO) and / or the COR of any dangerous or unsafe conditions observed during the delivery / offload process.

2.0. SERVICE DELIVERY SUMMARY.

Performance Objective Statement of

Work Paragraph

Performance Threshold

Propane Fuel. Provide timely notification of price increases or decreases 1.1.1 100% of the time

Propane Tanks. Determine viability of existing tanks or provide new tanks within 30 days after award

1.1.2 & 1.1.2.1 100% of the time

Delivery Schedule. Insure that facilities have sufficient propane predicated on degree days 1.1.3 No heat failure due to lack of propane Reports & Records. Provide delivery meter tickets prior to leaving base 1.1.4 100% of the time

3.0. GOVERNMENT FURNISHED PROPERTY AND SERVICES. The

government shall provide existing government owned propane tanks to the contractor.

The contractor shall be responsible for any repairs to government property in the event of damage caused by the contractor at no cost to the government. In the event of any damage disputes, the CO shall render a decision predicated on all available evidence.

The government shall provide reasonable amount of utilities to the contractor such as electric and water to perform the work associate with this contract. The government shall not provide any other facilities, equipment, materials and services.

3.1. POLICE PROTECTION. Base Security Forces shall provide initial law enforcement response and services to the contractor. The Base Security Operations Desk can be reached at phone numbers (609) 562-6001/2/3 (McGuire/Dix) or (732) 323-4000 (Lakehurst).

3.2. FIRE PROTECTION. Base Fire Department shall provide initial response and fire protection and emergency services to the contractor. The Base Fire Alarm Control Center can be reached at phone number 911 from a base telephone. If dialing 911 from a cell phone, the location must be fully identified to ensure that the proper responder is notified.

3.3. EMERGENCY MEDICAL SERVICE (EMS). The medical treatment facility will provide urgent health care to contract employees (contract employee is not a Government employee but is a contractor or an employee of a contractor) for injuries occurring while on duty. Urgent health care is defined as medical care authorized to the extent necessary to save life or limb and prevent undue pain and suffering. The contract employee will be transferred to a civilian medical facility as soon as the contract employee is stabilized. The cost of such treatment will be paid for, in full, within a reasonable period of time, by the contract employee and will not be borne by the 87th Medical Treatment Facility, the United States Air Force or the Government. An AF Form 1127, Hospital Invoice/Receipt/Accounts Receivable Record, will be prepared to ensure collection and/or billing of charges. If a contract employee cannot pay for the treatment at the time of discharge, a statement of charges and a letter of indebtedness will be completed and billed to the contract employee for medical services rendered. An accounts receivable record will be established for each contract employee who receives medical care and is unable to pay at the time of discharge. Follow-up on accounts receivable will be completed in accordance with AFI 41-120, Medical Resource Operations. After an accounts receivable record is established and billing for outpatient medical services has occurred, the SF 558, Medical Record - Emergency Care and Treatment, will be annotated with the date of billing and the voucher number and forwarded to Outpatient Records to be filed in the medical record folder. The contract employee shall ensure that he/she provides timely notice to his/her medical insurance company and that if the insurance company is to make payment, the insurance company has adequate information and documentation to make payment. A contract employee treated in a natural disaster is not charged for outpatient care.

3.4. PHYSICAL SECURITY. The contractor shall be held fully accountable for any failure to maintain the physical security of all base restricted areas, secured facilities or sites that they are responsible for providing services within. The contractor shall be responsible for the safekeeping and inventorying of all Government-furnished keys and combinations issued for the performance of services within secured areas. All losses or damages caused by the contractor, or by the contractor’s failure or negligence in maintaining proper security of these areas will be paid for by the contractor. Upon termination or completion of the contract, the contractor shall secure the previously issued keys and return them to the COR or CO within twenty-four (24) hours.

3.5. ANTI-TERRORISM. As a prelude and during performance of any contract, it is critical that the contractor be supportive of all DoD requirements to protect personnel, their families, installations, facilities, information, and other resources from terrorist acts. All contractors and sub-contractors are responsible for providing their personnel information on the Joint Base Antiterrorism Program. During performance of work, personnel security and protection of resources is critical for the installation to maintain a safe work environment. Contractor personnel will be alert for any suspicious activity observed by their work force or any personnel working on the installation. If any situation appears to be suspicious, immediate actions must be taken to make proper notification to 87th ABW Security Forces Squadron Joint Base McGuire-Dix-Lakehurst (JB MDL) Law Enforcement by calling JB MDL Security Forces Desk at phone number

(609) 562-6001/2/3 (McGuire/Dix) or (732) 323-4000 (Lakehurst). Both personnel and vehicles must be strictly controlled during performance of duty. No personnel and/or equipment will be allowed to be placed in harm’s way that could aid or abet anyone with bad intention to cause harm to JB MDL. Any contractor doing construction work will adhere to the DoD Unified Facilities Criteria Requirements. Contractors are encouraged to contact the JB MDL Antiterrorism Office at (609) 754-1397 or (609) 754-1611 for information regarding the installation Antiterrorism Program.

3.6. RESTRICTED AREA BADGES. The Government shall furnish an USAF Restricted Area Badge (AF Form 1199A) to all authorized contractor employees with proper security clearances and a validated need for access to flight line areas to perform maintenance services. The contractor shall coordinate the required request for restricted area badges with the CE COR or CO.

3.7. RESTRICTED AREA ESCORTS. The Government shall provide escort services for contractor employees to provide maintenance services within base restricted areas only until the contractor has been provided with the required AF Form 1199A (with escort authorization) to provide their own escorts. The contractor shall coordinate the necessary Government escort services with the CE COR or CO. The contractor is required to obtain restricted area badges for employees. The contractor shall obtain the appropriate number of employees with badges to escort the workforce.

3.8. AIRFIELD COORDINATION. The contractor shall coordinate all activities in the airfield area by contacting Airfield Management. Work will be accomplished only after Airfield Management has approved scheduled times.

3.9. FLIGHT LINE DRIVERS. Training must be completed prior to operating vehicles on the flight line. All employees working in airfield areas shall be required to have an AF Form IMT 483, Certificate of Competency (flightline driver’s license) with them at all times. Vehicles must have a valid POV pass issued by Airfield Management prior to operating on the flight line. The contractor shall be responsible for insuring that all foreign objects and debris are removed from vehicle tires prior to entering all taxiways, runways, and aircraft parking aprons.

3.10. CONTRACTOR LIABILTY INSURANCE. The contractor shall provide the government with proof of sufficient liability insurance for all aspects of the work covered under the performance of the contract prior to contract award.

4.0. GENERAL INFORMATION.

4.1. QUALITY CONTROL. The contractor shall develop, submit for CO review, and maintain a quality control program and the necessary quality control procedures to ensure that services are performed in accordance with the established commercial standards within two (2) weeks of award. The Government, through the COR, shall periodically evaluate the contractor’s work performance in accordance with the specific contract performance requirements.

4.2. HOURS OF OPERATION. The normal hours of operation for the contractor to perform normal maintenance and repair services required under this contract are 7:00 AM to 4:00 PM, Monday through Friday. The contractor is not required to provide normal service except for emergencies on the following days: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. The COR or CO must approve in advance, excluding legal holidays, any exceptions to the normal work hours and designated workdays. The contractor shall submit their request to COR and CO no later than two (2) business days in advance of the requested change(s).

4.3. CONTRACTOR PERSONNEL. The contractor and their employees shall comply with all base regulations at all times and shall conduct themselves in a professional manner. Uniforms, badges, and good behavioral conduct will be mandatory. The contractor shall provide a complete and current employee roster to the COR and CO within ten (10) business days of the contract award. The contractor’s employee roster shall identify the primary and alternate site manager or foreman and the Quality Control inspector and their telephone or cell phone numbers. As required, the contractor shall provide updated copies of their employee roster to the COR and CO.

4.4. CONTRACTOR EMPLOYEE UNIFORMS AND IDENTIFICATION. All

contractor employees shall wear a distinctive company logo on their outer garment at all times. The contractor employee shall be neat and professional in appearance and meet current commercial standards. In addition, the contractor’s employees shall wear a company-issued identification badge with the company’s name, employee’s name and employee’s photo prominently displayed on their outer clothing.

4.5. TOBACCO POLICY. The contractor shall ensure that all contractor employees do not use tobacco products within 50 ft. of any base facility, around fuel tanks and generators, within any clearly marked “No Smoking” areas or within 50 ft. of any flight line aircraft parking areas.

4.6. SAFETY AND ACCIDENT REPORTING. The contractor shall be responsible for providing services under this contract IAW all base, local, State and Federal occupational safety requirements. The contractor shall ensure that all services are conducted safely at all times. The contractor shall ensure that all contractor employees are issued and properly use all required safety personal protective equipment. The contractor shall use mechanically sound and safe vehicles and equipment in the performance of services under this contract. The contractors shall take necessary corrective actions if the contractor’s employees are conducting operations in an unsafe manner. In the event of an accident, the contractor shall contact the base emergency 911 service (see paragraph 3.2) and the COR immediately. If dialing 911 from a cell phone, the location must be fully identified to ensure that the proper responder is notified.

Additionally, the contractor and contractor’s personnel will be knowledgeable of and comply with all other base incident-reporting procedures.

4.7. INCLEMENT WEATHER SCHEDULE. The contractor shall not provide operational service during periods of inclement weather.

4.8. HIRING GOVERNMENT PERSONNEL. The contractor is restricted from hiring the COR, inspectors, monitors or any other Government employees whose employment could result in conflict of interests in accordance with DOD 5500.7R.

4.9. SECURITY REQUIREMENTS / VEHICLES AND PASSES. All contractor or contractor employees’ vehicles used for the performance of this contract shall comply with all local, state and federal regulations. In addition, all vehicles described above must be registered through the Security Police Squadron, Pass and Registration and will comply with JB MDL directives. After award of contract, the contractor shall request through the COR, CO and Security Forces to be issued base passes and identification badges for their employees and work vehicles in accordance with the attached Contractor Security Appendix – 29 Mar 10. Reference Appendix B.

4.10. PERFORMANCE OF SERVICES DURING CRISIS DECLARED BY THE

NATIONAL COMMAND AUTHORITY OR THE LOCAL INSTALLATION

COMMANDER. This service does meet the criteria for continuation of performance during a crisis in accordance with Department of Defense Instruction (DODI) 1100.

4.11. EXECUTIVE ORDER (EO) 13423 (Strengthening Federal Environmental, Energy, and Transportation Management). The contractor shall assist in compliance with this EO through the:

(a) Use of products with post-consumer recycled content

(b) Use of products that are recyclable

(c) Use of low toxicity or non-toxic products

(d) Use and installation of low-maintenance products

5.0. ENVIRONMENTAL COMPLIANCE. Contractor is required to comply with all applicable base, local, State and federal environmental laws and regulations, including Air Force Instructions in effect at the time of performance. Contractor shall be responsible for obtaining and complying with any required operating permits. Contractor shall be responsible and liable for penalties, fines, or environmental damage claims that may be required or assessed by the local, State or federal governments as a result of the contractor’s performance, or failure to perform, during the course of this contract. The government will inspect for environmental compliance at its discretion, and will notify the COR of any discrepancies found. In addition, contractor may be subject to contractual sanctions for environmental non-compliance including, but not limited to, termination, suspension, and debarment and adverse past performance assessment. Any damages incurred by the contractor’s operation or negligence shall be restored to their original condition by the contractor, at no additional cost to the government.

5.1. DISPOSAL OF WASTE. Contractor is responsible for the proper handling and disposal of solid waste. Contractor shall also be responsible for any enforcement action that may be taken by the State of New Jersey, other State or the Federal Government related to handling, transportation and the proper disposal of solid waste materials. If notification, certifications, documentation, manifests, permits or any other written materials are required by law to be obtained, prepared and/or submitted. Contractor shall prepare same and provide a written copy to the COR. Any action, which violates permit requirements for compliance, must be reported to 87 CES/CEAN at 754-6166 immediately.

5.2. NOTIFICATION OF ENVIRONMENTAL SPILLS. In the event contractor spills or releases any unpermitted substance, hazardous substance or hazardous waste into the environment, the contractor shall immediately report the incident to the Fire Department IAW paragraph 3.2, the COR, and the CO. Contractor shall be liable for the costs of clean up and remediation of any spills or the release of such substance into the environment. The government shall provide the contractor with the following utilities:

electricity, and water. The government will only provide reasonable amounts in accordance with the PWS.

5.3. MATERIALS. All materials used in the performance of services on the installation shall be in compliance with industry standards, local, federal and State laws, and will be used according to manufactures' recommendations. Materials will be used for intended purposes and will be stored and utilized in accordance with industry standards. Contractor will submit Material Safety Data Sheets on all materials to be used fifteen (15) days prior use for approval by the COR.

6.0. APPENDICES.

A. ESTIMATED WORKLOAD DATA

B. SECURITY REQUIREMENTS

APPENDIX A

ESTIMATED WORKLOAD DATA

The estimated workload data is predicated on historical information and does not reflect a commitment or guarantee of firm work due to the dynamic mission of Joint Base McGuire-Dix- Lakehurst. The historical usage column, if available, reflects the amount of propane gallons utilized from October 2010 to September 2011. The propane tank list is all inclusive as of 1 October 12 and is provided for informational purposes only.

Propane tanks and service maybe added or terminated at any time due to dynamic mission requirements. The COR will notify the contractor of any requirement changes with a minimum sixty (60) day notice if possible.

McGuire

* AR – as requested ** Estimated usage

Dix

* AR – as requested

** Estimated usage *** Contractor to provide tanks **** Temporary trailers

Facility Number Building Name Tank Size

Gallons

Historical Usage

Gallons Tank Owner Funds

Type

1605 Control Tower 1,000 4,109 Government O&M

2322 Battery Shop 500 0 Government O&M

----- Fire Training Site (AR*) 10,000 20,000** Government O&M

Facility Number Building Name Tank Size

Gallons

Historical Usage

Gallons

5226 Fire Station #4 – Generator (AR*) 125 100** Government O&M

5353 Fire Station #3 – Generator (AR*) 125 100** Non-Government O&M

7201 JIEDDO Site Range Area 500 (2) 2,000*** GWOT

96166 Contingency Operating Location 1,000 (4) 6,000*** GWOT

Trailers Contingency Operating Location 300 (3) 2,000**** Non-Government GWOT

Lakehurst

APPENDIX B

SECURITY REQUIREMENTS

Facility Number Building Name Tank Size

Gallons

Historical Usage

Gallons

42 Ground Electronics Shop 500 2,179.1 Non-Government O&M

50 Water Works Shop 500 1,502.1 Non-Government O&M

350 Launch Control Room Track 1 100 0 Non-Government NAVAIR

351 Brake Shop Track 1 500 831.4 Non-Government NAVAIR

352 Track 1 Launch 100 (2) 93.3 Non-Government NAVAIR

353 Track 1 Recovery 1,000 (2) 1,011.4 Non-Government NAVAIR

354 Track 1 Restroom 100 (2) 169.1 Non-Government NAVAIR

372 Dead Load Repair Shop 1,000 (2) 2,377.1 Non-Government NAVAIR

375 Control Room Tracks 2 & 3 100 (2) 321.4 Non-Government NAVAIR

378 Track 4 Recovery 1,000 1,075.9 Non-Government NAVAIR

379 Track 5 Recovery 500 (4) 3,345.6 Non-Government NAVAIR

380 Control Room Tracks 4 100 (2) 374.9 Non-Government NAVAIR

382 Compressor Room / Office Track 5 Recovery 500 170.4 Non-Government NAVAIR

383 Control Room Track 1 100 (2) 217.6 Non-Government NAVAIR

384 Jet Engine Repair 1,000 1,307.1 Non-Government NAVAIR

389 Launch Room Tracks 2 & 3 500 919.9 Non-Government NAVAIR

391 Control Room Tracks 5 100 (2) 374.8 Non-Government NAVAIR

397 Supply Storage 1,000 0 Non-Government NAVAIR

529 Track 1 Recovery 500 (2) 0 Non-Government NAVAIR

551 Eagle Flag Office Building 1,000 (2) 5,731.4 Non-Government O&M

583 Jet Engine Test Facility 500 381.1 Non-Government NAVAIR

585 Jet Engine Test / RTD&E Facility 1,000 0 Non-Government NAVAIR

672 Main Control Office Test Tracks 1,000 817.6 Non-Government NAVAIR

709/710 Track 3 Recovery 500 0 Non-Government NAVAIR

INSTALLATION ENTRY CONTROL PROCEDURES FOR ALL CONTRACTORS

After award of contract, the Contractor shall request through the COTR, CO and Security Forces to be issued base passes and identification badges for their employees and work vehicles in accordance with the Contractor Security Appendix – 29 Mar 10.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0.00 75,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

0.00 75,000.00

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

0001AA

0001AB

0001AC

1001AA

1001AB

1001AC

2001AA

2001AB

2001AC

3001AA

3001AB

3001AC

4001AA

4001AB

4001AC

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 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0001AC Destination Government Destination Government

1001 Destination Government Destination Government 1001AA Destination Government Destination Government 1001AB Destination Government Destination Government 1001AC Destination Government Destination Government 2001 Destination Government Destination Government 2001AA Destination Government Destination Government 2001AB Destination Government Destination Government 2001AC Destination Government Destination Government 3001 Destination Government Destination Government 3001AA Destination Government Destination Government 3001AB Destination Government Destination Government 3001AC Destination Government Destination Government 4001 Destination Government Destination Government 4001AA Destination Government Destination Government 4001AB Destination Government Destination Government 4001AC Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

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

0001AA POP 10-DEC-2012 TO

09-DEC-2013

N/A 87 CES/CEO-F3A3Q5

MR. JOSEPH FLEMMING

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

609-754-4868

F3A3Q5

0001AB POP 10-DEC-2012 TO

09-DEC-2013

N/A (SAME AS PREVIOUS LOCATION)

0001AC POP 10-DEC-2012 TO

09-DEC-2013

N/A (SAME AS PREVIOUS LOCATION)

1001 N/A N/A N/A N/A

1001AA POP 10-DEC-2013 TO

09-DEC-2014

N/A 87 CES/CEO-F3A3Q5

MR. JOSEPH FLEMMING

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

609-754-4868

1001AB POP 10-DEC-2013 TO

09-DEC-2014

N/A (SAME AS PREVIOUS LOCATION)

1001AC POP 10-DEC-2013 TO

09-DEC-2014

N/A (SAME AS PREVIOUS LOCATION)

2001 N/A N/A N/A N/A

2001AA POP 10-DEC-2014 TO

09-DEC-2015

N/A 87 CES/CEO-F3A3Q5

MR. JOSEPH FLEMMING

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

609-754-4868

2001AB POP 10-DEC-2014 TO

09-DEC-2015

N/A (SAME AS PREVIOUS LOCATION)

2001AC POP 10-DEC-2014 TO

09-DEC-2015

N/A (SAME AS PREVIOUS LOCATION)

3001 N/A N/A N/A N/A

3001AA POP 10-DEC-2015 TO

09-DEC-2016

N/A 87 CES/CEO-F3A3Q5

MR. JOSEPH FLEMMING

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

609-754-4868

3001AB POP 10-DEC-2015 TO

09-DEC-2016

N/A (SAME AS PREVIOUS LOCATION)

3001AC POP 10-DEC-2015 TO

09-DEC-2016

N/A (SAME AS PREVIOUS LOCATION)

4001 N/A N/A N/A N/A

4001AA POP 10-DEC-2016 TO

09-DEC-2017

N/A 87 CES/CEO-F3A3Q5

MR. JOSEPH FLEMMING

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

609-754-4868

4001AB POP 10-DEC-2016 TO

09-DEC-2017

N/A (SAME AS PREVIOUS LOCATION)

4001AC POP 10-DEC-2016 TO

09-DEC-2017

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JAN 2012

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

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

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

AUG 2012

52.204-99 (Dev) System for Award Management Registration (Deviation) AUG 2012 52.209-5 Certification Regarding Responsibility Matters APR 2010 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.209-7 Information Regarding Responsibility Matters FEB 2012 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

FEB 2012

52.212-1 Instructions to Offerors--Commercial Items FEB 2012 52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-2 Audit and Records--Negotiation OCT 2010 52.216-2 Economic Price Adjustment - Standard Supplies JAN 1997 52.217-5 Evaluation Of Options JUL 1990 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

JAN 2011

52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-28 Post-Award Small Business Program Rerepresentation APR 2012 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies MAR 2012 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-4 Buy American Act--Free Trade Agreement--Israeli Trade Act Certificate

JUN 2009

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to

Iran--Certification.

NOV 2011

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration

OCT 2003

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.244-5 Competition In Subcontracting DEC 1996 52.245-1 Alt I Government Property (Apr 2012) Alternate I APR 2012 52.245-9 Use And Charges APR 2012 52.246-1 Contractor Inspection Requirements APR 1984 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.246-23 Limitation Of Liability FEB 1997 52.247-34 F.O.B. Destination NOV 1991 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 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 Export-Controlled Items APR 2010 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.212-7000 Offeror Representations and Certifications- Commercial Items JUN 2005 252.212-7001 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Deviation)

DEC 2010

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 2012

252.223-7008 Prohibition of Hexavalent Chromium MAY 2011 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.244-7000 Subcontracts for Commercial Items and Commercial

Components (DoD Contracts)

JUN 2012

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property

APR 2012

252.245-7002 Reporting Loss of Government Property APR 2012 252.246-7000 Material Inspection And Receiving Report MAR 2008 252.247-7023 Transportation of Supplies by Sea MAY 2002 5352.223-9001 Health and Safety On Government Installations JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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:

Lowest Priced Technically Acceptable

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

(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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012)

ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a https://www.acquisition.gov/ subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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…