Sol_G15PS00132.pdf

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USGS MARS Lab Hardware and Software Maintenance Federal contract opportunity
Solicitation number
G15PS00132
Issued by
Department of the Interior US Geological Survey

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

GRB

RESTON VA 20192

205 NATIONAL CENTER

USGS OAG RESTON ACQUISITION BRANCH

0006366914 CODE 16. ADMINISTERED BYCODE

X

X

X

541513

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORGRB

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

01/27/2015 1700 ET

01/14/2015

703-648-7397Daniel Galvin (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

G15PS00132

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 31 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Reston VA 20192

DCCS, MS 985

USGS National Minerals Info Center

15. DELIVER TO

RESTON VA 20192

12201 SUNRISE VALLEY DRIVE

205 NATIONAL CENTER

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$27.5

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USGS OAG RESTON ACQUISITION BRANCH

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Suggested COR: MHOLLAND Delivery: 02/01/2016 Period of Performance: 02/02/2015 to 02/01/2016

00010 Minerals Archival and Retrieval System (MARS) Lab software and equipment maintenance and training in accordance with performance work statement herein.

See B.1 for schedule of supplies/services.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Daniel Galvin

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

IT Approval Num: Y

For questions regarding this RFQ contact Dan

Galvin at dgalvin@usgs.gov/703-648-7397.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

31 2 of

G15PS00132 Page 3 of 31

SECTION A. SOLICITATION/CONTRACT FORM

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. Schedule of Supplies B.2. Contract Type B.3. Performance Work Statement B.4. Period of Performance B.5. Performance Location

SECTION C. CONTRACT CLAUSES

C.1. 52.000S-5079 Technical Liaison - Technical Direction October 1997 C.2. DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) (September 2011) C.3. Unilateral Deobligation of Unexpended Funds (May 2013) C.4. GS0919 Legal Holidays January 2002 C.5. 52.204-13 System for Award Management Maintenance (JUL 2013) C.6. 52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2014) C.7. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. (JUL 2014) C.8. 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) C.9. 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 1989) C.10. 52.227-14 Rights in Data – General (MAY 2014) C.11. 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) C.12. 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) C.13. 52.252-2 Clauses Incorporated by Reference. (FEB 1998) C.14. 52.900S-1178 Wage Determination Incorporation October 1997 C.15. 52.900S-1006 Prevention of Malicious Code March 2005 C.16. GS0330 Section 508 Applicable Standards July 2001 C.17. Information Technology Security Requirements Summary

SECTION D. LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

D.1. Attachment 1 – Service Contract Act (SCA) Wage Determination D.2. Attachment 2 – Questions and Answers

SECTION E. SOLICITATION PROVISIONS

E.1. 52.204-7 System for Award Management (JUL 2013) E.2. 52.212-1 Instructions to Offerors - Commercial Items. (APR 2014) E.3. 52.212-3 Offeror Representations and Certifications-Commercial Items. (MAY 2014) E.4. Instructions to Offerors for the Submission of Proposals E.5. 52.216-31 – Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Item Acquisition (Feb 2007) E.6. 52.237-1 Site Visit. (APR 1984) E.7. 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) E.8. GS2110 Appointments for Site Visits July 2001 E.9. 52.212-2 Evaluation - Commercial Items. (JAN 1999)

G15PS00132 Page 4 of 31

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. Schedule of Supplies

CLIN DESCRIPTION Unit Quantity Unit Price Total Price

Base Period - Firm Fixed-Price

Date of award + 3 months.

Delivery of manual on MARS software/hardware in accordance with performance work statement herein.

JOB 1

Base Period – Firm Fixed-Price

Date of award + 3 months

Regular maintenance three days a month for equipment and software located in Minerals

Archival Retrieval System (MARS) office and weekly data transfer in accordance with performance work statement herein.

MO 3

Base Period – Firm Fixed-Price

Last nine months of the base period

Regular maintenance three days a month for equipment and software located in Minerals

Archival Retrieval System (MARS) office and weekly data transfer in accordance with performance work statement herein. USGS personnel will shadow the Contractor during this period.

MO 9

Base Period – Labor Hour

Date of award + One year

On-call maintenance, assistance, and trouble-shooting for equipment and software located in Minerals Archival Retrieval

System (MARS) office and weekly data transfer in accordance with performance work statement herein. USGS personnel will shadow the contractor for the last nine months of this period.

Price per hour

HR TBD

Option Period 1

One year after base period expiration

Emergency maintenance and trouble-shooting for equipment and software located in Minerals Archival Retrieval System

(MARS) office in accordance with performance work statement herein. Be on-call to assist USGS personnel with maintenance and troubleshooting the MARS

HR TBD

G15PS00132 Page 5 of 31 system.

Price per hour

B.2. Contract Type

Combination Firm Fixed-Price and Labor-Hour

B.3. Performance Work Statement

B.3.1. General Information

B.3.1.1. Introduction

The National Minerals Information Center’s (NMIC), Minerals Archival and Retrieval System (MARS) provide for the archival of vital USGS minerals information data. MARS archives digital scanned hardcopy and text file images of minerals survey data. Images are submitted by microfilm to National Archives and

Records Administration (NARA) for permanent retention according to the NARA schedule.

B.3.1.2. Background

Operation of MARS is dependent upon the software/hardware to perform data capture, storage and retrieval by using the servers, fax, and electric forms to preform those functions. On-line data capability provides ready access and flexibility for Center members to obtain minerals data from their workstations. The servers and other equipment and software must be maintained to guard against interrupted service to data users or irrecoverable data loss in the case of server failure. USGS is trying to transition contract to USGS personnel.

When USGS encounters problems, USGS will be able to call in Contractor for assistance.

B.3.1.3. Scope of Work

Maintenance and training on the MARS system.

B.3.2. Work Requirements

Set-up and maintain all aspects of MARS including but not limited to: servers, software, applications, data links/transfers to/from MARS.

Contract will consist of a base period and an option period. Base period will include regular maintenance, emergency/on-call maintenance, shadowing by USGS personnel while the Contractor performs maintenance, and delivery of a training manual covering all the tasks required to maintain the MARS system. Option period will require the Contractor to be on-call to assist USGS personnel with maintenance or troubleshooting the MARS system and performing emergency repairs and maintenance.

Training and documentation of database and systems administrator functions for the MARS system including servers. This would include at a minimum kovis, kovis-main, SQL and RAID, fax software and transfer of electric data forms.

B.3.2.1. Technical Requirements

B.3.2.1.1. Provide user support including the development of technical documentation and training for MARS

Administrator/back-up(s). Training will be informal training held at the USGS facility located in

Reston, Virginia.

B.3.2.1.2. Contractor shall perform system(s) testing.

B.3.2.1.3. The Government will test system enhancements/modifications prior to acceptance to ensure that the required specifications are being met.

B.3.2.1.4. Configure software involved in all aspects of MARS.

G15PS00132 Page 6 of 31

B.3.2.1.5. Maintain the transfer of electronic data to/from the MARS servers.

B.3.2.1.6. Develop and maintain existing/new configurations, and processes related to MARS.

B.3.2.1.6.1. New configurations that must be set up are: Copy the existing processes for pulling/pushing data between MARS and Eforms servers so that it also works between the MARS and MIDS servers.

B.3.2.1.6.1.1. MARS must pull the post-edit files from a shared folder located on the MIDS server and log them into the database (based on the first line of text in the file which provides the data that gets stored in the MARS database).

B.3.2.1.6.1.2. MARS must pull the pre-edit files from a shared folder located on the MIDS server and log them into the database (based on the first line of text in the file which provides the data that gets stored in the MARS database).

B.3.2.1.6.1.3. MARS must push data (the same fields that MARS stores for each form that is scanned into the MARS system) to an SQL table on the MIDS server.

B.3.2.1.7. The software must be maintained to guard against interrupted service to data users or irrecoverable data loss in the case of server failure.

B.3.2.1.8. The Contractor shall, upon diagnosis of the problem, notify the customer as to the anticipated repair completion time.

B.3.2.1.9. For circumstances requiring emergency maintenance, the Contractor shall contact the Technical

Liaison within eight hours of being notified of the emergency to establish a mutually agreeable time to come in to perform the maintenance.

B.3.2.1.10. BASE PERIOD (One year from date of award)

B.3.2.1.10.1. Regular maintenance and emergency maintenance without USGS personnel shadowing (first three months of award)

B.3.2.1.10.2. First draft of manual shall be delivered within three months after award.

B.3.2.1.10.3. After the draft manual has been delivered, for the remaining nine months of the base period, the Contractor shall continue to perform regular and emergency maintenance. For the 12 months of the option period, the Contractor will perform emergency maintenance and be on-call to assist USGS personnel. During these periods USGS personnel will be shadowing the

Contractor during regular and emergency maintenance in order to gain a better understanding of the MARS lab maintenance processes.

B.3.2.1.10.4. Training on manual (arrange time for review/ demonstration of manual once manual completed). At a minimum, the documentation manual for MARS/KOVIS should include the following types of information (complete with screen shots where applicable):

B.3.2.1.10.5. Databases

i. Where the databases are stored on the server

ii. Table names

1. Description of what type of data is stored in the table

iii. Field names

1. Description of what type of data is stored in the fields.

2. Data specifications (type, length, etc.)

iv. User Information (groups, etc.)

v. How are back-ups completed

vi. How are directories created

G15PS00132 Page 7 of 31

B.3.2.1.10.5.1. Automatic Process

i. Detailed information about any processes that run automatically or that have to be run manually (i.e. import/export of data to other systems). Should include the following types of information:

1. How the process works

2. Where the process is stored (on the server and on any menus)

3. Name of the process

4. Description of what the process does

5. If run automatically

a. Information as to why it is run at that time and any notes as to why it should not be run at other times (i.e. if the database has to be shut down, no users online, etc.)

b. How to change the scheduled time that it runs

6. If run manually (process to be automated as part of this contact)

a. Information as to when it is best to run it, and any notes as to why it should not be run at other times (i.e. if the database has to be shut down, no users online, etc.)

b. Steps you have to take to make it run

B.3.2.1.10.5.2. Reports

i. Where they are located (on the server and on any menus)

ii. Names of the reports

iii. Steps you have to take to make it run

iv. Description of any options user can choose making it run

v. Import/export of data from other systems (i.e. Eforms, MIDS)

B.3.2.1.10.5.3. Special Tasks

i. Detailed information as to any special tasks needed to ensure the database is being maintained to ensure it runs at peak performance.

B.3.2.1.10.5.4. Systems

i. Cache management, creating cashes

ii. User group management

iii. Monitoring systems functions

B.3.2.1.10.5.5. Server error

i. Checklist for diagnostics

B.3.2.1.10.5.6. Other Documentation

i. Any other functions/work not specifically spelled out above

B.3.2.1.10.6. USGS shadowing/observing regular and emergency maintenance and have the option of asking questions

B.3.2.1.10.7. Emergency on call maintenance

B.3.2.1.11. OPTION PERIOD (One year from the end of the base period)

B.3.2.1.11.1. Contractor shall be on-call to assist USGS personnel with maintenance or troubleshooting with the MARS system. Instances that require the Contractor to come to the USGS site in person shall be on an agreed-upon date between the USGS Technical Liaison and the Contractor.

B.3.2.1.11.2. Contractor will be available 8:00 am - 5 pm Monday- Friday if USGS personnel encounter problems to answer questions and walk USGS through solution on agreeable times. For instances in which the USGS requires the Contactor’s support, the Contractor may provide

G15PS00132 Page 8 of 31 telephone support if it is practical to do so.

B.3.2.1.11.3. Emergency on call maintenance

B.3.2.1.12. The Contractor shall maintain including but not limited to the repairing, installing, upgrading and replacing, as appropriate, all servers with minimal downtime and ensure that the servers are operational after servicing.

B.3.2.1.13. Unless a different time is mutually agreed upon by the Technical Liaison and the Contractor, all work is to be completed during business hours (8:00 am – 5:00 PM) Monday – Thursday so that USGS personnel will have an opportunity to shadow the contractor to learn the maintenance process.

B.3.2.2. Deliverables and Reports

B.3.2.2.1. See B.5 Deliverables (below).

B.3.2.3. Acceptance Criteria (Review and Approval)

All work shall be performed in a professional manner and meet or exceed the Government standards for performance. All work shall be tested by the Contractor. The MARS Administrator will test, inspect, and accept the work.

B.3.2.3.1. Status Report

B.3.2.3.2. The Contractor shall provide a written status report listing the tasks worked on for that period and date worked.

B.3.2.3.3. Documentation

B.3.2.3.4. Documentation of existing/new configurations and processes related to MARS.

B.3.2.3.5. Record Count Reports

B.3.2.3.6. The report will show number of records transferred to/from the MARS servers to include but not limited to: number of post-edits, number of pre-edits.

B.3.2.4. Satisfactory Performance Criteria

Work is performed efficiently, and accurately, in a timely fashion that meets quality expectations documented in standard operating procedures and guidelines.

Technical problems related to task performance are rapidly addressed and appropriate Contractor and government personnel are promptly notified for technical assistance and expertise.

Problems related to information retrieval, storage, and data formatting are remedied rapidly; appropriate

Government representatives are notified promptly when additional technical assistance and guidance are necessary.

Computer files are managed and maintained to ensure accuracy and accessibility of data.

Oral or written status reports or presentations and website or application demonstrations shall be provided by the Contractor as required by the MARS Administrator.

All applications and services shall function securely, efficiently, and reliably in a manner consistent with documented functional specifications and parameters.

B.3.2.5. Other Requirements

The proposed Contractor staff shall possess at least 3 years of recent and continuous experience, or clearly demonstrated mastery of the following: Use of Microsoft Windows server systems, Microsoft SQL Server (or

G15PS00132 Page 9 of 31 equivalent) relational databases, JavaScript, and VB.NET. He/she must have experience with Microsoft

Office software packages such as Word and Excel. He/she must have good communication skills, both oral and written. Experience in programming languages such as Classic ASP, ASP, HTML/CSS, XML, M204, and Java is a plus.

Windows server systems, configuration and use of the Internet Information Server (IIS) server, programming using the following languages: Classic ASP; ASP.NET; HTML/CSS; JavaScript; VB Script; XML;

development, configuration, and integration of SQL Server (or equivalent) relational databases; and E-mail

(for managing auto-generated emails).

B.3.3. Supporting Information

B.3.3.1. Place of Performance

The Contractor shall schedule work hours of all onsite personnel in a manner that will provide maximum responsiveness to the Government’s requirements. The Government requires that the work be performed on site at the following location:

USGS National Center

12201 Sunrise Valley Drive

Reston, VA 20192.

A.1.1.1. Period of Performance

Performance under this contract is one year from the date of award. The first draft of the training manual must be delivered within three months of the date of award. The final version of the traning manual shall be delivered within nine months of the date of award.

A.1.1.2. Government Furnished Resources

None.

# CLIN

DELIVERABLE Due Date

1 0002 Status Report Per month

2 0002 Documentation 30 days after each task

3 0002 Record Count Reports Upon completion of data transfers

4 0003 First Draft Training Manual Within three months of date of award.

0003 Final Version of Training Manual Within nine months of date of award.

6 0001 Training For nine months after draft manual is provided

B.4. Period of Performance

February 2, 2015 – February 1, 2016

B.5. Performance Location

USGS National Minerals Information Center

12201 Sunrise Valley Drive MS985

Reston VA 20192

G15PS00132 Page 10 of 31

SECTION C. CONTRACT CLAUSES

C.1. 52.000S-5079 Technical Liaison - Technical Direction October 1997

(a) The performance required herein shall be subject to the technical direction of the Technical Liaison (TL) as identified below. As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.

(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an action (or fails to take action) or issues direction (written or oral) that the contractor considers to exceed the above limitations.

(d) The Technical Liaison assigned for this contract is:

Name: To Be Determined

Telephone Number: To Be Determined

Email: To Be Determined

USGS National Minerals Information Center

12201 Sunrise Valley Drive MS985

Reston VA 20192

(e) Only the Contracting Officer may designate a different Technical Liaison.

(End of Clause)

C.2. DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment

Platform (IPP) (September 2011)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment

Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable

Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions -

Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [CO to edit and include the documentation required under this contract]:

No additional documentation required

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the

Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

G15PS00132 Page 11 of 31

C.3. Unilateral Deobligation of Unexpended Funds (May 2013)

The contractor shall submit all invoices under the award no later than 90 calendar days after the period of performance has expired, unless a request for extension has been submitted to the Contracting Officer. After 120 days has passed since the expiration of the performance period, the government reserves the right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.

C.4. GS0919 Legal Holidays January 2002

The following legal holidays are observed by this Government agency:

New Year's Day January 01

Martin Luther King's Birthday 3rd Monday in January

Presidents Day 3rd Monday in February

Memorial Day Last Monday in May

Independence Day July 04

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veterans Day November 11

Thanksgiving Day 4th Thursday in November

Christmas Day December 25

When a holiday falls on Saturday or Sunday, it is observed on the adjacent Friday or Monday, respectively.

In addition to the holidays listed above, the contractor agrees to observe leave days or closures designated by

Federal Statute, Executive Order, or Presidential Proclamation.

C.5. 52.204-13 System for Award Management Maintenance (JUL 2013)

C.6. 52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2014)

C.7. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial

Items. (JUL 2014)

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)"(Public Laws 108-77 and 108-78 (19 U.S.C.

3805 note)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41

U.S.C. 4704 and 10 U.S.C. 2402).

G15PS00132 Page 12 of 31

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-

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

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L.

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of

Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L.

111-8, and section 745 of Division D of Pub. L. 110-161).

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved]

_X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

G15PS00132 Page 13 of 31

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

__ (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct

2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul

2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000)

(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657 f).

_X_ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business

(EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the

WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (32) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

_X_ (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (34) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

__ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008)

(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

G15PS00132 Page 14 of 31

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O. 13423 and

13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

__ (43) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (44)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (46) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (52) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C.

3332).

__ (53) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013)

(31 U.S.C. 3332).

__ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (56)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

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

__ (ii) Alternate I (Apr 2003) of 52.247-64.

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

G15PS00132 Page 15 of 31

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

G15PS00132 Page 16 of 31

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

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

C.8. 52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days (60 days unless a different number of days is inserted) before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 24 months (two years).

(End of clause)

C.9. 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29

CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

G15PS00132 Page 17 of 31

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage - Fringe Benefits

GS-6 Step 2 / $19.18 per hour

C.10. 52.227-14 Rights in Data – General (MAY 2014)

C.11. 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

C.12. 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013)

C.13. 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

(End of clause)

C.14. 52.900S-1178 Wage Determination Incorporation October 1997

In the performance of this contract, the contractor shall comply with the requirements of U.S. Department of Labor wage determination number NV 05-2331 revision number 11 dated 06/13/2011. The wage determination is incorporated and made a part of this order as Attachment 1.

C.15. 52.900S-1006 Prevention of Malicious Code March 2005

(a) Definitions

Malicious code is a computer code developed for the purpose of causing some form of intentional damage to computer systems or networks. Malicious code may be a complete program or code imbedded in software programs that appear to provide useful functions. The term includes computer viruses and other destructive programs, such as

"Trojan Horses" and network "worms."

(b) The contractor must have in place an anti-virus procedure to ensure that media supplied is uncontaminated by malicious code.

(c) The contractor is required to scan all delivered software to insure it is free of malicious code prior to its installation or operation on USGS-owned computers or contractor-owned computers connected to USGS computer systems or networks. Contractors using diagnostics software disks or connecting to a non-USGS computer while performing repairs or upgrades to a USGS computer will scan the serviced computer's drive(s) to insure they are free of malicious code upon completion of the service call, or prior to return of serviced equipment, if servicing is performed off-site.

C.16. GS0330 Section 508 Applicable Standards July 2001

The resources acquired in this investment must meet all applicable standards established by the Access Board in 36

CFR Part 1194, including technical, functional performance, information, documentation, and support standards.

The products, services, information and data that are provided to the Government or the public as a result of this acquisition shall afford individuals with disabilities access comparable to that afforded to individuals without disabilities.

Standards applicable to this acquisition include:

___ Software Applications and Operating Systems 1194.21

___ Web-based Intranet and Internet Information and Applications 1194.22

___ Telecommunications Products 1194.23

G15PS00132 Page 18 of 31

___ Video or Multimedia Products 1194.24

___ Self-Contained, Closed Products 1194.25

___ Desktop and Portable Computers 1194.26

_X_ Functional performance criteria 1194.31

_X_ Information, Documentation, and Support 1194.41

The full text of the above referenced standards can be found at: http://www.section508.gov/final_text.html.

C.17. Information Technology Security Requirements Summary

1. Background Investigation – N/A

2. Non-disclosure agreement – N/A

3. Training – N/A

4. Personnel Changes – N/A

5. Contractor Location – N/A

6. Applicable Standards – N/A

7. Asset Valuation – N/A

8. Property Rights – Rights to software acquired hereunder are set forth in the basic contract.

9. Independent Verification and Validation (IV & V) – N/A

10. Certification & Accreditation – N/A

11. Internet Logon Banner – N/A

12. Incident Reporting – N/A

13. Quality Control (Malicious Code) – All software or hardware purchased must be free of malicious code such as viruses, trojan horse programs, worms, spyware, etc.

14. Self-Assessment – N/A

15. Vulnerability Analysis – N/A

16. Logon Banner – N/A

17. Security Controls – N/A

18. Contingency Plan – N/A

19. Contingency Plan – N/A

SECTION D. LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

D.1. Attachment 1 – Service Contract Act (SCA) Wage Determination

D.2. Attachment 2 – Questions and Answers

SECTION E. SOLICITATION PROVISIONS

E.1. 52.204-7 System for Award Management (JUL 2013)

E.2. 52.212-1 Instructions to Offerors - Commercial Items. (APR 2014)

E.3. 52.212-3 Offeror Representations and Certifications-Commercial Items. (MAY 2014)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

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

“Forced or indentured child labor” means all work or service— http://www.section508.gov/final_text.html http://www.acquisition.gov/

G15PS00132 Page 19 of 31

(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 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…

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