HSFLGL-15-Q-00107_FBO.pdf

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

FLETC GL

GLYNCO GA 31524

PRO BLDG 93

1131 CHAPEL CROSSING RD

FEDERAL LAW ENFORCEMENT TRNG CTR

DEPARTMENT OF HOMELAND SECURITY

CODE 16. ADMINISTERED BYCODE

X

X

541921

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFLETC GL

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

02/13/2015 1600 ES

01/29/2015

912-267-2495Tracy Green (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

HSFLGL-15-Q-00107

5. SOLICITATION NUMBER

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

1 54 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

ATTN:TRACY GREEN

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

GLYNCO GA 31524

ATTN: TRACY GREEN

BLDG 93 PRO

1131 CHAPEL CROSSING RD

FEDERAL LAW ENFORCEMENT TRNG CTR

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.5

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)

DEPARTMENT OF HOMELAND SECURITY

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.

Acceptance of an award certifies that the firm will comply with FAR 52.222-50, Combating Trafficking in Persons, by notifying all employees and subcontractors at all levels.

Period of Performance: 02/20/2015 to 9/30/2019

THE FOLLOWING TERM AND CONDITIONS ARE MANADATORY:

1. DESCRIPTION OF AGREEMENT: The Contractor shall furnish PHOTOGRAPHY SERVICE if and when

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Tracy Green

. 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.

requested by the Contracting Officer (or the authorized Representative of the Contracting

Officer) during the period of this agreement.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

54 2 of

HSFLGL-15-Q-00107

2. EXTENT OF OBLIGATION: The Government is obligated only to the extent of authorized purchases actually made under the Blanket Purchase Agreement (BPA).

3. PURCHASE LIMITATION: The dollar limitation for each individual purchase under the BPA shall not exceed the amount cited in FAR 2.101 without the written approval of the Contracting Officer.

4. INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THIS BPA: By letter a list of individuals authorized to purchase under this BPA, identifying by name of individual and organizational component and the dollar limitation per purchase for each individual shall be furnished to the supplier by the Contracting Officer.

5. DELIVERY TICKETS: All deliverables under this BPA shall be accompanied by a delivery ticket or sales slip which shall contain the following information

a. Name of Contractor

b. Blanket Purchase Agreement Number

c. Date of call

d. Name of person placing call

e. Call Number

f. Itemized list of supplies and/or services furnished

g. Quantity, unit price, and extension of each item less applicable discounts. (Unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information.)

h. Date of delivery or shipment

6. INVOICES: A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliverables made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

a. A consolidated payment will be made for each specified period; and

b. The period of any discounts will commence on the final date of the billing period or on the date of receipt of the invoices for all deliveries accepted during the billing period, whichever is later.

c. The invoices shall be forwarded to the following address; to the attention of the Contracting Officer, 1131 Chapel Crossing Road, Glynco, GA 31524 with a copy of the authorized caller at the address indicated at the time of call to include a specific building number provided by the authorized caller.

PHOTOGRAPHY STATEMENT OF WORK

The purpose of the following Statement of Work is to provide the requirements of a Blanket Purchase Agreement between the Federal Law Enforcement Training Centers (FLETC) and the offeror of photography products and services. The types of photography shoots will be divided into three main categories: (1) class photos, (2) graduation photos, and (3) administrative photos. There may be slightly different delivery requirements including locations, sizes of prints, and delivery timeframes associated with the three categories.

I. Class Photos

Photographer will be notified of a shoot in writing via email, or telephone. Information for the shoot will include photo location, number of students to photograph, call number, time and date of shoot, and type(s) of photo needed. The minimum notification is 24 hours or 8 working hours. Student Class Photos are taken Monday through Thursday, between 11:00AM and 1:00PM in approximately fifteen (15) minute increments where there are multiple classes scheduled on the same day. If notification is under 24 hours or 8 working hours, (work day is between 8:00A – 5:00P), the contractor can decline the shoot with no penalty. Should for some reason the contractor arrives for a schedule shoot and the class is not there or the schedule changed and the photographer has no subjects to photograph; the contractor is entitled to be paid (a pre-negotiated fee) for their travel time if FLETC failed to notify the contractor of the schedule change.

2. The following elements are to be considered to determine the price of a shoot:

• Camera Fee (Photographer Services): Camera fee, hourly rate, minimum charge for jobs requiring less than one hour.

• Cost of supplies used. An itemized supply list for each shoot is to be provided to the FLETC.

• Photos: (1) 5”x 7”, individual photo of each student receiving their credential. Some classes will also require an 8" x 10" class graduation photo with banner (see banner info below). The number of students photographed determines the quantity of photos needed. An additional charge must be identified for some classes regarding the banner (see 1.6 below).

• Digital file (disc): Each job will require a disc -- the successful offeror will have the capability to create a disc in RAW, high-resolution JPEG and high-resolution TIFF format. (If the file sizes dictate more than 1 disc for the deliverable, price must reflect cost per disc). The Government will select the format they require for each job and will notify the photographer in advance.

3. Class sizes are in ranges from 24 to 48 students.

4. The Federal Law Enforcement Training Centers (FLETC) is to receive the photos (regardless of format) within 5 working days of the shoot unless otherwise requested.

5. The amount of notice to the photographer will vary; normally shoots will be scheduled the last week of the month for photo shoots that will occur in the upcoming month.

Additional classes (or events) will be scheduled as they are requested and may have a very short notice. Class time and place is subject to last minute changes.

A printed banner (the banner reflects the exact language used to identify the class on the actual photo: photo time, call number, class number, class name, agency, facility, dates, city and state, seals or logos) is required for the 8" x 10". The 8" x 10" photo (landscape) bleeds to the left, right, and top of the print. At the bottom of the 8" x 10" area, there is a 'white space" created.

The photographer may be asked to insert the agency logo in this white space on the left, as well as, additional verbiage provided on a class-by- class basis and centered in this white space, in Times New Roman type. No banner information or logo/seals will be changed on a photo without written approval from the appropriate agency academy director.

Example:

11:30 14-226 CITP FEDERAL

LAW ENFORCEMENT TRAINING CENTER CRIMINAL

INVESTIGATOR TRAINING CLASS #CITP-032

SEPTEMBER 06 – NOVEMBER 23, 2015

GLYNCO, GEORGIA

1-DHS Seal

Total copy (logo and class copy) will be centered from left to right side and from bottom of photo to bottom of print. Logos/seals and their correct usage will be furnished by the FLETC.

7.Class photos are taken at Building 98 Game Room, unless an alternate location is specified by the Government point of contact (POC). The contractor will be set-up and ready to take photographs at least 15 minutes prior to the time of the class arriving. The contractor will only take photographs of classes listed on the official class photo schedule provided by the government point of contact.

The photographer will position the group shot according to its size.

On some occasions, more than one photographer will be required. The government will not ask for more than three photographers simultaneously.

II. Graduation Photos

1. Photographer will be notified of a shoot in writing via email, fax or telephone.

Information for the shoot will include photo location, number of students to photograph, call number, time and date of shoot, and type(s) of photo needed. The minimum notification is 24 hours or 8 working hours (using a work day of 8am-5pm for dealing with hours that cross into a second day). If notification is under 24 hours or 8 working hours, the contractor can decline the shoot with no penalty.

• Photos: An average class graduation requires one (1) 5”x 7”, individual photo of each student receiving their credential. Some graduating classes will also require an 8" x 10" class graduation photo with banner (see banner info below). An additional charge must be identified for some classes regarding the banner (see 2.6 below). The number of students photographed determines the quantity of photos needed.

• Digital file (CD or DVD): Each job will require a disc -- the successful offeror will have the capability to create a CD/DVD in RAW, high-resolution JPEG and high-resolution TIFF format. (If the file sizes dictate more than 1 CD/DVD for the deliverable, price must reflect cost per CD/DVD). The Government will select the format they require for each job and will notify the photographer in advance.

3. Class sizes are in ranges from 24 to 48 students.

4. The Federal Law Enforcement Training Centers (FLETC) is to receive the photos (regardless of format) within 5 working days of the shoot unless otherwise requested.

5. The amount of notice to the photographer will vary; normally shoots will be scheduled the last week of the month for photo shoots that will occur in the upcoming month. Additional class graduation shoots (or events) will be scheduled as they are requested and may have a very short notice. Class graduation time and place is subject to last minute changes.

6. A printed banner is required for the 8" x 10" group graduation photo. The 8" x 10" photo

(landscape) bleeds to the left, right, and top of the print. At the bottom of the 8" x 10" area, there is a “white space" created. The photographer may be asked to insert the agency logo in this white space on the left, as well as, additional verbiage provided on a class-by- class basis and centered in this white space, in Times New Roman type. Total copy (logo and class copy) will be centered in the banner area both: from left to right side and from top to bottom in banner area. See example of photo requirements attached. Logos and their correct usage will be furnished by the FLETC.

7. Normally, graduations are held in Bldg. 90, and the group photos are taken in front of Bldg.

90, normally, on the steps. In other instances, notification will be given for other locations for graduation photos.

8. The photographer will position themselves for individual photos. For group photos, the photographer positions the group shot according to its size.

9. On some occasions, more than one photographer will be required. The government will not ask for more than three photographers simultaneously.

III. Administrative Photo Services

1. The photographer will be notified of a shoot via a phone call, fax, or email request.

Information provided by the Government for the shoot will include the photo location, event type, time and date of shoot, and type(s) of administrative photos needed. The period of notice to the photographer for an administrative photo service may be as short as two hours and is subject to last minute changes. When there are particular types of administrative photographs to be taken (speakers, presentation of awards, various group positions, with or without certificates, awards, or otherwise), the order will contain as much specificity as possible.

• Digital file (CD or DVD): Each job will require a disc -- the successful offeror will have the capability to create a CD/DVD in RAW, high-resolution JPEG and high-resolution TIFF format. (If the file sizes dictate more than 1 CD/DVD for the deliverable, price must reflect cost per CD/DVD). The Government will select the format they require for each job and will notify the photographer in advance.

3. Photography services may include aerial photos of the FLETC, Award Presentations and other special ceremonies and visits by Federal, State or Local Political Leaders, Senior Executive Leadership from the Department of Homeland Security Headquarters Operations, The Secretary (S1), Deputy Secretary (S2), Diplomatic/Public Affairs visits, or others.

4. The Media Support Division of the Federal Law Enforcement Training Centers

(FLETC) is to receive the photos (prints and/or CD/DVDs, as requested/required), regardless of format, within 5 working days of the shoot. The Protocol & Communications Office (PCO) often requires a representative collection of the photos (photographer's choice) to be emailed to their office within the same day for use in publicizing visits and events. These photos may be taken indoors or outdoors, both on and off the Center, within the local Brunswick region. Email will also be provided to the Media Support Division of the same photographs sent to PCO.

5. On some occasions more than one photographer will be required. The government will not ask for more than three photographers simultaneously.

6. OFFICIAL STAFF (Portraits) PHOTOS will be required and the offeror will need to be able to furnish a location in the general Brunswick, GA vicinity for staff members to arrive at pre-arranged, agreed upon times for these photo shoots. Samples indicating proper setup and placement of US Flag and/or other items will be communicated at the time of placing the call/order for services. Sizes for deliverables will be 5x7 or 8x10 color prints and/or a disc of the electronic file and pricing should be provided at time of bid.

7. Administrative photos may be requested in various formats and sizes when prints are ordered: digital files (RAW, hi-resolution TIFF, and/or hi-resolution JPEG), 4x6, 5x7, 8x10, 11x14 or other custom sizes.

IV. CONFIDENTIALITY, GOVERNMENT OWNERSHIP, AND OPERATIONAL

SECURITY

1. The nature of some of the work on this contract will be sensitive and confidential. For example, a Dignitary/Senior Executive may be planning a trip to the FLETC and for security reasons (or otherwise) the visit will not to be made known to the general public.

In some cases, the entire event may be sensitive and its occurrence will need to be held in strict confidence between the Government and the photography vendor.

2. The digital images and all associated files with this contract are the sole property of the

FLETC and the Department of Homeland Security, and the FLETC will own the copyrights to all photos taken. There is to be no other use made of photos, logos of agencies, or of any of the photography work taken except with the express written consent of the Media Support Division at the FLETC.

3. Furthermore, many of the photos will be of agents and officers who are graduating from the FLETC and returning to jobs in the field, which may include undercover work. For that reason, all photos and/or electronic files under this contract must be safeguarded (only authorized FLETC personnel can view, copy, or have electronic/hardcopy access to photos) in such a way as to ensure that the identity of the agents and officers would not ever be compromised. No release or sale of prints, negatives, or electronic files to individuals of the photography work on this contract is to be made without the written permission of the FLETC. All aspects of a job must be performed by the vendor and not outsourced to a third party for operational security. (No written permission is required from the FLETC, or the individual depicted in the photo, for the photographer to sell that individual their own photos). Note: This does not apply to photos identified as "For Official Use Only."

4. In view of the above, the FLETC may coordinate with the photography vendor and identify portions of work as "For Official Use Only." Within the FLETC, the caveat “For Official Use Only” is used to identify sensitive but unclassified information with the Department of Homeland Security agencies that is not otherwise specifically described and governed by statute or regulation. The marking, use, protection and dissemination of photography deliverables identified by the FLETC as “For Official Use Only” will be in accordance with Department of Homeland Security Management Directive System MD Number 11042.1, Safeguarding Sensitive but Unclassified (For Official Use Only Information).

V. DRESS CODE

The dress code requirement of this contract will be based on the formality of the photography occasion/event. In most instances, "business casual" will be acceptable (i.e., khaki pants with polo shirt). Business casual is acceptable attire for class graduation shoots, demo shoots, and local award presentations. Formal ceremonies or dignitary visits will require "Business Professional Attire”: professional attire means dress shirts, suits and ties; for men. Business wear for women is very similar to what men are expected to wear. Wear a women's business suit in a dark color like navy, charcoal, black, dark brown, or gray. Your skirt should match your suit jacket. The skirt should be hemmed at mid-knee or below; avoid mini-skirts or skirts with deep slits at the front, back, or sides.

PERIOD OF PERFORMANCE 02/20/2015 TO 9/30/2015

PHOTOGRAPHY PRICING

Item No. Description Unit Unit Price

0001 CAMERA FEE HOUR

0002 PHOTO PRINT 5x7 EA 0003 PHOTO PRINT 8x7 EA 0004 PHOTO Print 16x20 EA

PRINTED BANNER ON PHOTO (TYPE SET)

PORTRAITS

Item No. Description Unit Unit Price

0005 CAMERA FEE EA

0006 5x7 EA 0007 8x10 EA

DIGITAL FILE CD/DVD

Item No. Description Unit Unit Price

0008 CAMERA FEE EA

0009 5x7 EA

PERIOD OF PERFORMANCE 10/01/2015 TO 9/30/2016

Item No. Description Unit Unit Price

1001 CAMERA FEE HOUR

1002 PHOTO PRINT 5x7 EA 1003 PHOTO PRINT 8x7 EA 1004 PHOTO Print 16x20 EA

PRINTED BANNER ON PHOTO (TYPE SET)

PORTRAITS

Item No. Description Unit Unit Price

1005 CAMERA FEE EA

1006 5x7 EA 1007 8x10 EA

DIGITAL FILE CD/DVD

Item No. Description Unit Unit Price

1008 CAMERA FEE EA

1009 5x7 EA

PERIOD OF PERFORMANCE 10/01/2016 TO 9/30/2017

Item No. Description Unit Unit Price

2001 CAMERA FEE HOUR

2002 PHOTO PRINT 5x7 EA 2003 PHOTO PRINT 8x7 EA 2004 PHOTO Print 16x20 EA

PRINTED BANNER ON PHOTO (TYPE SET)

PORTRAITS

Item No. Description Unit Unit Price

2005 CAMERA FEE EA

2006 5x7 EA 2007 8x10 EA

DIGITAL FILE CD/DVD

Item No. Description Unit Unit Price

2008 CAMERA FEE EA

2009 5x7 EA

PERIOD OF PERFORMANCE 10/01/2017 TO 9/30/2018

Item No. Description Unit Unit Price

3001 CAMERA FEE HOUR

3002 PHOTO PRINT 5x7 EA 3003 PHOTO PRINT 8x7 EA 3004 PHOTO Print 16x20 EA

PRINTED BANNER ON PHOTO (TYPE SET)

PORTRAITS

Item No. Description Unit Unit Price

3005 CAMERA FEE EA

3006 5x7 EA 3007 8x10 EA

DIGITAL FILE CD/DVD

Item No. Description Unit Unit Price

3008 CAMERA FEE EA

3009 5x7 EA

PERIOD OF PERFORMANCE 10/01/2018 TO 9/30/2019

Item No. Description Unit Unit Price

4001 CAMERA FEE HOUR

4002 PHOTO PRINT 5x7 EA 4003 PHOTO PRINT 8x7 EA 4004 PHOTO Print 16x20 EA

PRINTED BANNER ON PHOTO (TYPE SET)

PORTRAITS

Item No. Description Unit Unit Price

4005 CAMERA FEE EA

4006 5x7 EA 4007 8x10 EA

DIGITAL FILE CD/DVD

Item No. Description Unit Unit Price

4008 CAMERA FEE EA

4009 5x7 EA

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation. (MAY 2011) 52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2014) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JUN 2014) 3052.209-70 Prohibition on contracts with corporate expatriates. (JUN 2006)

H.1 DIRECTIVES, REGULATIONS, AND INSTRUCTIONS (JUL 2013)

H.2 OPERATION ON THE FACILITY (JUL 2013)

H.3 MEDICAL TREATMENT

H.4 SUBCONTRACTING

H.5 ORDER OF WORK

H.6 OTHER CONTRACTS

H.7 DISRUPTION OF CONTRACTOR WORK SCHEDULE

H.8 RIGHTS OF THE GOVERNMENT TO PERFORM FUNCTIONS WITH ITS OWN

PERSONNEL

H.9 GOVERNMENT PERFORMANCE OF SERVICES DURING LABOR STRIKES

H.10 CONSERVATION

H.11 LABOR RELATIONS

H.12 - RESERVED

H.13 PHOTOGRAPHY

H.14 CONDUCT OF PERSONNEL

H.15 CONTRACTOR VEHICLES

H.16 PERMITS

H.17 ENVIRONMENTAL PROTECTION

H.18 ACCESS TO BUILDINGS

H.19 KEY CONTROL

H.20 DISCLOSURE OF INFORMATION

H.21 ADVERTISING OF AWARD

H.22 DAMAGE REPORTS

H.23 PROPERTY DAMAGE AND PERSONAL INJURIES

H.24 INDEMNITY AND LIABILITY

H.25 CONTRACTOR LIABILITY FOR ACTS OF GOD

H.26 INSURANCE (JUL 2013)

H.27 HOLIDAYS

H.28 HOURS OF OPERATION

H.29 PHYSICAL AND PERSONNEL SECURITY REQUIREMENTS (JUL 2013)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation. (MAY 2011)

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

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JUN 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)).

(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 (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[X] (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 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (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).

[] (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 (JUN 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.

[] (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)).

[] (20) 52.219-16, Liquidated Damages-Subcontracting 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 (JUN 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. 657f).

[] (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 (JUN 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).

[X] (32) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[X] (33) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

[X] (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (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(R)-Registered Imaging Equipment (JUN 2014)+(E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT(R)-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[] (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(R)-Registered Personal Computer Products (JUN 2014) (E.O.s 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)

[] (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 (JUN 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:

(Contracting Officer check as appropriate.)

[] (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[] (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 (SEP 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) of this paragraph 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.

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

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C.

chapter 67).

(ix) 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)).

(x) 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).

(xi) 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).

(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xiii) 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).

(xiv) 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.

(xv) 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)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (DEC 2012)

3052.209-70 Prohibition on contracts with corporate expatriates. (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that (Check one):

[ ] it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003;

[__] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

[__] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of Clause)

52.212-1 Instructions to Offerors - Commercial Items. (APR 2014) INSTRUCTIONS TO OFFERORS

1. For vendor’s information, complete Block 17a with name, address, and DUNS Number.

2. Please read Block 20 Schedule of Supplies/Services outlining requirements.

3. For pricing, complete Blocks 21-24 columns.

4. For signature, complete Blocks 30a-30c.

5. If you have any questions, please email them to tracy.green@fletc.dhs.gov before

February 13, 2015

6. The SF-1449 and the HSAR 3052.209-70, should be submitted to Tracy Green by email or fax

(912-280-5343) no later than February 13, 2015 @ 4:00 PM (ES).

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

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications 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-

(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.

mailto:tracy.green@fletc.dhs.gov http://www.acquisition.gov./

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology-

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled 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…