18Q3015_Solicitation.pdf
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- Attached to
- VMAX Maintenance Support Federal contract opportunity
- Solicitation number
- HE125418Q3015
- Issued by
- Department of Defense Education Activity
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SEE ADDENDUM
(No Collect Calls)
HE125418Q3015 12-Apr-2018
b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME
10:00 AM 18 Apr 2018
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
HE12549. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
JASON DALTON
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
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
DOD EDUCATION ACTIVITY PROCUREMENT DIV
ATTN: JASON DALTON
JASON.DALTON@HQ.DODEA.EDU
4800 MARK CENTER DRIVE
ALEXANDRIA VA 22350-1400
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE HEVAS6 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
DDESS AREA SERVICE CENTER
MICHAEL ASHLEY
ATTN: EDUCATION DIVISION
700 WESTPARK DRIVE
PEACHTREE CITY GA 30269
TEL: 678-364-9274 FAX:
FAX:
TEL: 571-372-1469 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
X 8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
150 Employees
NAICS:
541519
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF44
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
HE125418Q3015
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each
10K BASE INFRASTRUCTURE 1E 1P
FFP
Part Number: BA-SYS1E for VMAX Premium Hardware Support Period of Performance: 25 April 2018 through 24 April 2019 FOB: Destination
NET AMT
0002 20 Each
10K 15 SLOT DAE W/HIGH EFF PS
FFP
Part Number: BA-DE15E for VMAX Premium Hardware Support
0003 24 Each
10K FACTORY KIT; 3.5 DAE RAIL
FFP
Part Number: BA-3UR for VMAX Premium Hardware Support
0004 6 Each
10K 10GB 4MM GIGE PORTS
FFP
Part Number: BA-FE00400T for VMAX Premium Hardware Support
0005 3 Each
10K ENGINE 96GB 2.8GHZ
FFP
Part Number: BA-96E-ENG for VMAX Premium Hardware Support
0006 1 Each
10K SCALE INFRASTRUCTURE 2E 1P
FFP
Part Number: BA-SYS2E for VMAX Premium Hardware Support
0007 6 Each
10K 30A 1PH L6-30P N.AMER; JAPAN
FFP
Part Number: BA-PW40U-US for VMAX Premium Hardware Support
0008 1 Each
10K SCALE INFRASTRUCTURE 3E 1P
FFP
Part Number: BA-SYS3E for VMAX Premium Hardware Support
0009 4 Each
10K 4GB 15K 300 GB DRIVE SPARE
FFP
Part Number: AF415300SB for VMAX Premium Hardware Support
0010 152 Each
10K 4GB 15K 300 GB DRIVE R5(7+1)
FFP
Part Number: AF4153007B for VMAX Premium Hardware Support
0011 4 Each
10K 4GB 7_2K 2000GB DRIVE SPARE
FFP
Part Number: AA4722000SB for VMAX Premium Hardware Support
0012 112 Each
10K 4GB 7_2K 2000GB DRIVE R6(6+2)
FFP
Part Number: AA47220006B for VMAX Premium Hardware Support
0013 12 Each
10K 4GB FLASH 100GB DRIVE R5(3+1)
FFP
Part Number: AF4F11005B for VMAX Premium Hardware Support
0014 1 Each
10K 4GB FLASH 100GB DRIVE SPARE
FFP
Part Number: AF4F1100SB for VMAX Premium Hardware Support
0015 1 Each
10K BASE INFRASTRUCTURE 1E 1P
FFP
Part Number: BA-SYS1E for VMAX Parts Retention Uplift
0016 224 Each
10K ADV SW SUITE SATA 1TB
FFP
Part Number: 456-005-501 for VMAX Premium Software Support
0017 1 Each
10K ADV SW SUITE BASE NEW LICENSE
FFP
Part Number: 457-000-530 for VMAX Premium Software Support
0018 47 Each
10K ADV SW SUITE NON-SATA 1TB
FFP
Part Number: 456-005-500 for VMAX Premium Software Support
0019 1 Each
10K ENGINUITY BASE NEW LICENSE
FFP
Part Number: 457-100-976 for VMAX Premium Software Support
0020 47 Each
10K ENGINUITY NON-SATA 1TB
FFP
Part Number: 456-104-036 for VMAX Premium Software Support
0021 224 Each
10K ENGINUITY SATA 1TB
FFP
Part Number: 456-104-037 for VMAX Premium Software Support
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 25-APR-2018 1 DDESS AREA SERVICE CENTER
MICHAEL ASHLEY
ATTN: EDUCATION DIVISION
700 WESTPARK DRIVE
PEACHTREE CITY GA 30269
678-364-9274
HEVAS6
0002 25-APR-2018 20 (SAME AS PREVIOUS LOCATION)
0003 25-APR-2018 24 (SAME AS PREVIOUS LOCATION)
0004 25-APR-2018 6 (SAME AS PREVIOUS LOCATION)
0005 25-APR-2018 3 (SAME AS PREVIOUS LOCATION)
0006 25-APR-2018 1 (SAME AS PREVIOUS LOCATION)
0007 25-APR-2018 6 (SAME AS PREVIOUS LOCATION)
0008 25-APR-2018 1 (SAME AS PREVIOUS LOCATION)
0009 25-APR-2018 4 (SAME AS PREVIOUS LOCATION)
0010 25-APR-2018 152 (SAME AS PREVIOUS LOCATION)
0011 25-APR-2018 4 (SAME AS PREVIOUS LOCATION)
0012 25-APR-2018 112 (SAME AS PREVIOUS LOCATION)
0013 25-APR-2018 12 (SAME AS PREVIOUS LOCATION)
0014 25-APR-2018 1 (SAME AS PREVIOUS LOCATION)
0015 25-APR-2018 1 (SAME AS PREVIOUS LOCATION)
0016 25-APR-2018 224 (SAME AS PREVIOUS LOCATION)
0017 25-APR-2018 1 (SAME AS PREVIOUS LOCATION)
0018 25-APR-2018 47 (SAME AS PREVIOUS LOCATION)
0019 25-APR-2018 1 (SAME AS PREVIOUS LOCATION)
0020 25-APR-2018 47 (SAME AS PREVIOUS LOCATION)
0021 25-APR-2018 224 (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
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
OCT 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.219-6 Alt I Notice of Total Small Business Set-Aside (NOV 2011) -
Alternate I
NOV 2011
52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-9 (Dev) Small Business Subcontracting Plan (Deviation 2016-O0009) JAN 2017 52.219-14 Limitations On Subcontracting JAN 2017 52.222-3 Convict Labor JUN 2003 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.223-20 Aerosols JUN 2016 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-23 Assignment Of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.239-1 Privacy or Security Safeguards AUG 1996 52.242-13 Bankruptcy JUL 1995 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.239-7000 Protection Against Compromising Emanations JUN 2004 252.239-7010 Cloud Computing Services OCT 2016 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2018)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(a) 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.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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 (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 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 (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 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.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.
13627).
___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 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.)
(xiv) 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)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 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).
(xviii) 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.
(xix) 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.
(End of Clause)
52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) PARTICIPANTS (JAN 2017)
(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer--
(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and
(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.
(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.
(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.
(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.
(2) The contractor will notify the Department of Defense Education Activity (DoDEA) Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
(End of clause)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 541519 - assigned to contract number TBD.
Signature Title
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/
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.219-7010 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS--
PARTNERSHIP AGREEMENT (MAR 2016)
(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer:
(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan.
(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.
(3) If the competition is to be limited to 8(a) concerns within one or more specific SBA regions or districts, then the offeror's approved business plan is on the file and serviced by ____.
[Contracting Officer completes by inserting the appropriate SBA District and/or Regional Office(s) as identified by the SBA.]
(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.
(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.
(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas, unless--
(i) The SBA has determined that there are no small business manufacturers or processors in the Federal market place in accordance with FAR 19.502-2(c);
(ii) The acquisition is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, in which case a small business concern may furnish the product of any domestic firm; or
(iii) The acquisition is a construction or service contract.
(2) The contractor will notify the Department of Defense Education Activity (DoDEA) Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
252.219-7011 NOTIFICATION TO DELAY PERFORMANCE (JUN 1998)
The Contractor shall not begin performance under this purchase order until 2 working days have passed from the date of its receipt. Unless the Contractor receives notification from the Small Business Administration that it is ineligible for this 8(a) award, or otherwise receives instructions from the Contracting Officer, performance under this purchase order may begin on the third working day following receipt of the purchase order. If a determination of ineligibility is issued within the 2-day period, the purchase order shall be considered canceled.
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
HE1254
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC HQ0747 Issue By DoDAAC HE1254 Admin DoDAAC HE1254 Inspect By DoDAAC HE1254 Ship To Code HE1254 Ship From Code Not Applicable Mark For Code Not Applicable Service Approver (DoDAAC) Not Applicable Service Acceptor (DoDAAC) Not Applicable Accept at Other DoDAAC Not Applicable LPO DoDAAC Not Applicable DCAA Auditor DoDAAC Not Applicable Other DoDAAC(s) Not Applicable
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
Michael.Ashley@am.dodea.edu Jason.Dalton@hq.dodea.edu
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Jason.Dalton@hq.dodea.edu
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
SALIENT CHARACTERISTICS
Parts Number
(PN)
Serial Number Description QTY
BA-SYS1E HK198700190
VMAX 10K BASE INFRASTRUCTURE 1E 1P - PREMIUM HARDWARE
SUPPORT
BA-DE15E
VMAX 10K 15 SLOT DAE W/HIGH EFF PS - PREMIUM HARDWARE
SUPPORT
BA-3UR
VMAX 10K FACTORY KIT; 3.5 DAE RAIL - PREMIUM HARDWARE
SUPPORT
CLAUSES INCORPORATED BY REFERENCE
52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations
JUN 2015
252.215-7007 Notice of Intent to Resolicit JUN 2012 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005
CLAUSES INCORPORATED BY FULL TEXT
BA-FE00400T VMAX 10K 10GB 4MM GIGE PORTS - PREMIUM HARDWARE SUPPORT 6
BA-96E-ENG VMAX 10K ENGINE 96GB 2.8GHZ - PREMIUM HARDWARE SUPPORT 3
BA-SYS2E
VMAX 10K SCALE INFRASTRUCTURE 2E 1P - PREMIUM HARDWARE
SUPPORT
BA-PW40U-
US
VMAX 10K 30A 1PH L6-30P N.AMER; JAPAN - PREMIUM HARDWARE
SUPPORT
BA-SYS3E
VMAX 10K SCALE INFRASTRUCTURE 3E 1P - PREMIUM HARDWARE
SUPPORT
AF415300SB
VMAX 10K 4GB 15K 300 GB DRIVE SPARE - PREMIUM HARDWARE
SUPPORT
AF4153007B
VMAX 10K 4GB 15K 300 GB DRIVE R5(7+1) - PREMIUM HARDWARE
SUPPORT
AA4722000SB
VMAX 10K 4GB 7_2K 2000GB DRIVE SPARE - PREMIUM HARDWARE
SUPPORT
AA47220006B
VMAX 10K 4GB 7_2K 2000GB DRIVE R6(6+2) - PREMIUM HARDWARE
SUPPORT
AF4F11005B
VMAX 10K 4GB FLASH 100GB DRIVE R5(3+1) - PREMIUM HARDWARE
SUPPORT
AF4F1100SB
VMAX 10K 4GB FLASH 100GB DRIVE SPARE - PREMIUM HARDWARE
SUPPORT
BA-SYS1E HK198700190
VMAX 10K BASE INFRASTRUCTURE 1E 1P - PARTS RETENTION UPLIFT
VMAX
456-005-501 VMAX 10K ADV SW SUITE SATA 1TB - PREMIUM SOFTWARE SUPPORT 224
457-000-530
VMAX 10K ADV SW SUITE BASE NEW LIC - PREMIUM SOFTWARE
SUPPORT
456-005-500
VMAX 10K ADV SW SUITE NON-SATA 1TB - PREMIUM SOFTWARE
SUPPORT
457-100-976
VMAX 10K ENGINUITY BASE NEW LICENSE - PREMIUM SOFTWARE
SUPPORT
456-104-036 VMAX 10K ENGINUITY NON-SATA 1TB - PREMIUM SOFTWARE SUPPORT 47
456-104-037 VMAX 10K ENGINUITY SATA 1TB - PREMIUM SOFTWARE SUPPORT 224
52.212-1 ADDENDUM
Instructions to Offerors (ITO) – Commercial Items
TECHNICAL QUOTE REQUIREMENTS
(A) The Offeror’s quote must include all data and information requested by these Instructions to Offerors
(ITO) and must be submitted in accordance with these instructions. Non-conformance with the instructions provided in this ITO may result in an unfavorable quote evaluation.
(B) Quotes should provide an Administrative Cover Letter that includes the following information:
1. Tax Identification Number (TIN)
2. Unique Identity Identifier/DUNS
3. Complete Business Mailing Address
4. Cage Code
5. NAICS Code
6. Contact Name
7. Contact Phone
8. Contact E-mail Address
(C) A technical quote shall be submitted by the offeror in sufficient detail to evaluate compliance with the requirements of the solicitation and must address the requirements defined in the Salient Characteristics section of this solicitation.
Technical Approach –Each offeror shall provide product information that clearly indicates the quoted items meet the requirements indicated on each CLIN description. The specific requirements of the Technical Approach factor are defined in the Addendum to FAR 52.212-2 Evaluation – Commercial Items.
(D) The technical quote is limited to 10 pages. Page size shall be 8.5 x 11 inches and pages shall be single spaced. Except for the reproduced sections of the solicitation document, the text size shall be no less than 10 point.
(E) Offers may submit any other information deemed relevant to their offer. Other relevant information is limited to 10 pages in addition to the 10 pages allowed in the technical quote.
(F) All referenced documents for this solicitation are available on the Federal Business Opportunities
(FedBizOpps) website at http://www.fbo.gov. Potential offerors are encouraged to subscribe for real time email notifications when information has been posted to the website regarding this solicitation.
(G) Offerors shall submit quote revisions as required in response to Government initiated evaluation notices or as directed by the Government by any other means of communication. Regardless of the number of quote revisions submitted, the integrity and clarity of each quote must be maintained. All quote updates must meet the following criteria:
- Be submitted in the same number of copies as the original quote
- Changes to quote data shall be submitted as a complete page change for each page on which a change occurs. A solid black line in the right hand margin shall be used to identify the lines of text, data or graphics changed.
- Each change page shall contain a revision number and date located in the upper right hand corner of each affected page beneath the offeror’s name and original quote date. Revisions shall be numbered sequentially, beginning with Revision 1. When a change requires the removal of an entire page, a blank page shall be submitted and labeled “This Page Intentionally Left Blank”.
- Quote changes shall not exceed the page limitations specified herein.
PAST PERFORMANCE REQUIREMENTS
To assist the Government in evaluating Past Performance, offerors should submit customer Points of Contact (POC) and Past Performance information related to at least one similar requirement for applications previously provided by the offeror. The applications should have been provided within three (3) years from the closing date of the solicitation. The Past Performance information should include:
1. POC Name
2. Agency/Company
3. Phone Number
4. Email Address
5. Description of work/items provided
6. Contract/Order Number (if applicable)
The Government reserves the right to contact the POC’s to gather information on any aspect of the offeror’s performance providing the items/applications. The Government also reserves the right not to contact some or all of the POC’s provided. It is the offeror’s responsibility to verify the POC information is correct.
In addition to contacting the POC’s provided by the offerors, the Government may research offeror’s past performance on its own by searching various databases such as the System for Award Management (SAM), Past Performance Information Retrieval System (PPIRS), and the Federal Awardee Performance Integrity Information System (FAPIIS).
PRICE QUOTE REQUIREMENTS
(A) Offerors shall submit all price quotes on the complete, most current conformed copy of the solicitation that includes all amendments. If the Government amends the solicitation, offerors shall include a memo with the price quote acknowledging the number of amendments to the solicitation that was received. The conformed copy of the solicitation with all prices and other necessary information completed shall constitute the price quote.
(B) Offerors shall complete blocks 12, 17a, 17b, 30a, 30b, and 30c of the RFQ, Standard Form 1449. Offerors shall insert their company’s CAGE code in the box titled “CODE” in block 17. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.
(C) Insert proposed unit and extended prices in the SF 1449 CONTINUATION SHEET for all Contract Line Item Numbers (CLINs).
(D) If the offeror is registered in System for Award Management (SAM), complete paragraph (b) of FAR provision 52.212-3 Alt 1, Offeror Representations and Certifications; or if the offeror is NOT registered in SAM, complete paragraphs (c) through (o) of FAR provision 52.212-3, Offeror Representations and Certifications.
(E) Complete any other fill-ins and certifications in provisions required in the RFQ.
(F) Period for acceptance of offers. IAW 52.212-1(c), Period for Acceptance of Offers, by submission of its offer, the offeror agrees quoted price is valid for 60 days after the closing date indicated in block 8 of the solicitation.
(G) Questions concerning this solicitation shall be submitted two business days before the solicitation closes.
(H) Any references to Requests for Proposal (RFP) in the provision FAR 52.212-1 will also have the same meaning as Requests for Quotes (RFQ) for this solicitation.
SUBMISSION REQUIREMENTS
Offerors shall submit one (1) electronic technical and price quote, and past performance information in .pdf, or Microsoft Office (e.g. Word, Excel, etc.) format by e-mail on or before the closing date and time stated in Block 8 of the SF1449 to Mr. Jason Dalton, Contract Specialist, email at Jason.Dalotn@hq.dodea.edu, and Mr. John Baggett, Contacting Officer, e-mail at John.Baggett@hq.dodea.edu. To be considered timely, the offeror’s email with the attached proposals shall be received before or on closing date and time stated in Block 8 of the SF1449.
Ensure that the quote is sent to the email addresses of both Mr. Dalton and Mr. Baggett. Offerors are required to ensure that all attachments are virus free.
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
See 52.212-2 Addendum
Technical and past performance, when combined are approximately equal when compared to price.
(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)
52.212-2 ADDENDUM
The Government may award a contract resulting from this solicitation to a responsible Offeror whose offer conforms to the solicitation, price and other factors considered. The offeror is required to submit a price and technical quote.
The following factors shall be used to evaluate offers:
(a) Technical
(b) Past Performance
(c) Price
BASIS FOR CONTRACT AWARD
This acquisition will be conducted using Federal Acquisition Regulation (FAR) Parts 13 and 12, with the Lowest Price Technically Acceptable (LPTA) Source Selection Process. The evaluation process shall proceed as follows:
a. Price. The price quotes will be evaluated but not rated. Offeror’s proposed prices will be determined by multiplying the quantities identified in the Request for Quote (RFQ) by the proposed unit price for each Contract Line Item Number (CLIN) to confirm the extended amounts for each CLIN. The individual CLINs will be totaled to determine the offeror’s total proposed price. The offeror’s price quote will be evaluated to determine completeness and reasonableness.
b. Technical. Technical quotes will be evaluated at the factor level on an acceptable/unacceptable basis, assigning ratings of Acceptable or Unacceptable as defined below.
Acceptable – Quote clearly meets the minimum requirements of the solicitation.
Unacceptable – Quote does not clearly meet the minimum requirements of the solicitation.
c. Past Performance. The Past Performance will be evaluated at the factor level on an acceptable/unacceptable basis, assigning ratings of Acceptable or Unacceptable as defined below.
Acceptable – Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.
(See note below.)
Unacceptable – Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.
*NOTE: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”
d. Contractor Responsibility – To be eligible for award, the offeror must be determined responsible as defined in Federal Acquisition Regulation (FAR) 9.104-1. The Government reserves the right to obtain information relative to present and past performance on its own.
e. General Considerations – The quote must comply in all material respects with the requirements of law, regulation and conditions set forth in the solicitation.
f. The Government intends to award a contract without discussions; however, the Government reserves the right to hold discussions. It should be noted that there is no obligation on the part of the Government to make an award to any offeror in response to this RFQ.
(End of Provision Addendum)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)
ALTERNATE I (OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) 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—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of…
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