Conformed_HTC711-12-R-W006-0002.pdf

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Dedicated Fuel Barge in Atlantic Region
Solicitation number
HTC711-12-R-W006
Issued by

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The purpose of Amendment 0002 to HTC711-12-R-W006 is to change language in the Addendum to FAR 52.212-2 Evaluation--Commercial Items (Jan 1999). Revisions to the language are indicated by a vertical bar in the left margin.

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USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

CONTACT BUYER

CONTACT BUYER

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HTC711-12-R-W006 12-Oct-2012

b. TELEPHONE NUMBER

618-220-7095

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 13 Nov 2012

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

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

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

HTC711

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MICHELLE M. MENDEZ

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

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

SEE SCHEDULE

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

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SCO60022839100

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

0 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

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

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

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

PAGE 2 OF

23. UNIT PRICE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

HTC711-12-R-W006

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 9 Months 1st 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Base Period 1 January 2013 - 30 September 2013.

FOB: Destination

PURCHASE REQUEST NUMBER: SCO60022839100

SIGNAL CODE: A

NET AMT

0002 9 Months 2nd 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Base Period 1 January 2013 - 30 September 2013.

FOB: Destination

0003 9 Months 3rd 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Base Period 1 January 2013 - 30 September 2013.

FOB: Destination

0004 9 Months 35,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Base Period 1 January 2013 - 30 September 2013.

FOB: Destination

0005 1 Lot Reimbursable out-of-pocket expense

FFP

To support Dedicated Fuel Barge in Atlantic Region transportation service.

Base Period 1 January 2013 - 30 September 2013. Out of pocket expenses IAW section 5 reimbursable expenses of the PWS.

DO NOT PROPOSE

AMOUNT PROVIDED BY GOVERNMENT

FOB: Destination

ESTIMATED COST

0006 Months 1st Optional - On-Call 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. This CLIN will be utilized in one month increments. Rate does not include fuel. Base Period 1 January 2013 - 30 September 2013.

FOB: Destination

1001 12 Months OPTION 1st 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Option Period One 1 October 2013 - 30 September 2014.

1002 12 Months OPTION 2nd 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Option Period One 1 October 2013 - 30 September 2014.

1003 12 Months OPTION 3rd 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Option Period One 1 October 2013 - 30 September 2014.

1004 12 Months OPTION 35,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Option Period One 1 October 2013 - 30 September 2014.

1005 1 Lot OPTION Reimbursable out-of-pocket expense

FFP

To support Dedicated Fuel Barge in Atlantic Region transportation service.

Option Period One 1 October 2013 - 30 September 2014. Out of pocket expenses IAW section 5 reimbursable expenses of the PWS.

DO NOT PROPOSE

AMOUNT PROVIDED BY GOVERNMENT

1006 Months OPTION 1st Optional - On-Call 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. This CLIN will be utilized in one month increments. Rate does not include fuel. Option Period One 1 October 2013 - 30 September 2014.

2001 12 Months OPTION 1st 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Option Period Two 1 October 2014 - 30 September 2015.

2002 12 Months OPTION 2nd 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Option Period Two 1 October 2014 - 30 September 2015.

2003 12 Months OPTION 3rd 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Option Period Two 1 October 2014 - 30 September 2015.

2004 12 Months OPTION 35,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Option Period Two 1 October 2014 - 30 September 2015.

2005 1 Lot OPTION Reimbursable out-of-pocket expense

FFP

To support Dedicated Fuel Barge in Atlantic Region transportation service.

Option Period Two 1 October 2014 - 30 September 2015. Out of pocket expenses IAW section 5 reimbursable expenses of the PWS.

DO NOT PROPOSE

AMOUNT PROVIDED BY GOVERNMENT

2006 Months OPTION 1st Optional on-Call 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. This CLIN will be utilized in one month increments. Rate does not include fuel. Option Period Two 1 October 2014 - 30 September 2015.

3001 12 Months OPTION 1st 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Option Period Three 1 October 2015

- 30 September 2016.

3002 12 Months OPTION 2nd 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Option Period Three 1 October 2015

- 30 September 2016.

3003 12 Months OPTION 3rd 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Option Period Three 1 October 2015

- 30 September 2016.

3004 12 Months OPTION 35,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Option Period Three 1 October 2015

- 30 September 2016.

3005 1 Lot OPTION Reimbursable out-of-pocket expense

FFP

To support Dedicated Fuel Barge in Atlantic Region transportation service.

Option Period Three 1 October 2015 - 30 September 2016. Out of pocket expenses IAW section 5 reimbursable expenses of the PWS.

DO NOT PROPOSE

AMOUNT PROVIDED BY GOVERNMENT

3006 Months OPTION 1st Optional - On-Call 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. This CLIN will be utilized in one month increments. Rate does not include fuel. Option Period Three 1 October 2015 - 30 September 2016.

4001 12 Months OPTION 1st 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Option Period Four 1 October 2016 - 30 September 2017.

4002 12 Months OPTION 2nd 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Option Period Four 1 October 2016 - 30 September 2017.

4003 12 Months OPTION 3rd 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Option Period Four 1 October 2016 - 30 September 2017.

4004 12 Months OPTION 35,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. Rate does not include fuel. Option Period Four 1 October 2016 - 30 September 2017.

4005 1 Lot OPTION Reimbursable out-of-pocket expense

FFP

To support Dedicated Fuel Barge in Atlantic Region transportation service.

Option Period Four 1 October 2016 - 30 September 2017. Out of pocket expenses IAW section 5 reimbursable expenses of the PWS.

DO NOT PROPOSE

AMOUNT PROVIDED BY GOVERNMENT

4006 Months OPTION 1st Optional - On-Call 20,000 barrel tow

FFP

Dedicated Fuel Barge in Atlantic Region transportation service in accordance with (IAW) the PWS. This CLIN will be utilized in one month increments. Rate does not include fuel. Option Period Four 1 October 2016 - 30 September 2017.

PAYMENT INSTRUCTIONS

PAYMENT OF TRANSPORTATION INVOICES

A. GENERAL

MRM 15 directed Reengineering of Defense Transportation Documentation and Financial processes. The directive specifically addressed reengineering billing, collection, and payment processes through transition to commercially acceptable practices. Implementation was coordinated between affected DOD installations and the commercial carrier industry. The Deputy Secretary of Defense directed the implementation of US Bank’s PowerTrack (now Syncada) system to pay for transportation services. DOD contracts and voluntary tenders require the use of Syncada, and all DOD cargo movements must be offered only to commercial carriers who utilize Syncada as their billing and payment system.

B. THIRD PARTY PAY SYSTEM (TPPS)

1. A requirement to conduct business with DOD as a transportation service provider (TSP) will be Third Party Pay System (TPPS) capable. Even if otherwise qualified, TSP that is not TPPS certified will not be eligible to transport DOD freight. TPPS is an electronic freight transaction tracking and payment system.

2. The current authorized TPPS is Syncada, a service of US Bank. TSP should contact US Bank at 612-973-6597 or 1-800-417-1844 or on the web at http://www.usbank.com/syncada. Payment of freight services within the United States will be paid through Syncada. A fee is required to participate in the program.

3. Prior to submitting an invoice (e-bill) the TSP must have proof of delivery.

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 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-JAN-2013 TO

30-SEP-2013

N/A DLA ENERGY - SC0600

GORDON, PETER

8725 JOHN J KINGMAN RD STE 4950

FORT BELVOIR VA 22060-6222

703-767-9439

SC0600

0002 POP 01-JAN-2013 TO

30-SEP-2013

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-JAN-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-JAN-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-JAN-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-JAN-2013 TO

N/A N/A

1001 POP 01-OCT-2013 TO

30-SEP-2014

N/A DLA ENERGY - SC0600

GORDON, PETER

8725 JOHN J KINGMAN RD STE 4950

FORT BELVOIR VA 22060-6222

703-767-9439

1002 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-OCT-2013 TO

2001 POP 01-OCT-2014 TO

30-SEP-2015

N/A DLA ENERGY - SC0600

GORDON, PETER

8725 JOHN J KINGMAN RD STE 4950

FORT BELVOIR VA 22060-6222

703-767-9439

2002 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-OCT-2014 TO

3001 POP 01-OCT-2015 TO

30-SEP-2016

N/A DLA ENERGY - SC0600

GORDON, PETER

8725 JOHN J KINGMAN RD STE 4950

FORT BELVOIR VA 22060-6222

703-767-9439

3002 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 01-OCT-2015 TO

4001 POP 01-OCT-2016 TO

30-SEP-2017

N/A DLA ENERGY - SC0600

GORDON, PETER

8725 JOHN J KINGMAN RD STE 4950

FORT BELVOIR VA 22060-6222

703-767-9439

4002 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

4006 POP 01-OCT-2016 TO

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

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

AUG 2012

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.212-1 Instructions to Offerors--Commercial Items FEB 2012

ADDENDUM TO FAR 52.212-1

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

ADDENDUM TO 52.212.1:

Paragraph (b) is changed to read as follows:

(b) Submission of offers. In addition to those requirements as stated in paragraph (b), the following are added and shall apply to the submission requirement in response to this solicitation.

Paragraph (b) (9) Acknowledgements of Solicitation Amendments is added to read as follows:

(b)(9) All amendments to the solicitation shall be acknowledged by the offeror by signing and submitting a copy of the SF 30 for each amendment(s) with the proposal

Paragraph (b) (10) is tailored to read as follows:

1. Past Performance Information.

The offeror shall include with their proposal a list of contracts, similar in scope, size, and complexity, currently on-going or completed during the past three (3) years. The list shall be limited to five (5) contracts to include ongoing and completed contracts. Include the following information for each contract. NOTE: Include a reference to this solicitation number.

a. Name and address of the contracting activity (buying and administrative)

b. Contracting Officer – Include a verified email, phone and fax number (buying and administrative)

c. Contract Manager – Include a verified email, phone and fax number (buying and administrative)

d. Contract Number

e. Contract Type (Firm-Fixed Price, Cost Reimbursement, IDIQ, etc)

f. Total contract value including option years

g. Description of work performed

h. Performance Period – Base Year and number of Option Years

i. Problems and Corrective Actions – The offeror shall include information on problems encountered and corrective actions taken on all contracts. Include a brief description of any dispute/claim. Be specific in identifying the problem and resolution.

2. Past Performance Survey. The offeror shall send a copy of the Past Performance Survey (Attached) to each Contracting Office/Agency listed in their responses to paragraph (b)(10)(1). The Past Performance Survey shall be completed by the cognizant Contracting Officer/Agency the offeror contracted with and faxed or emailed directly to USTRANSCOM/TCAQ-I. Fax to 618-220-7909, Attn: Suzanne Mudd-Yarber, Email to Suzanne.mudd-yarber@ustranscom.mil or Michelle Mendez, Email to michelle.mendez@ustranscom.mil. The survey shall not be completed by the offeror. In order for USTRANSCOM/TCAQ-I to receive these past performance surveys no later than the solicitation due date/time, the offeror should use every diligent effort to follow-up with each Contracting Office/Agency.

Paragraph (b) (12) is added to read as follows:

Offerors shall include the following with their proposal:

i. A listing of vessel ownership and/or vessels under offeror’s control.

ii. A U.S. Domestic Shipyard Report. The offeror shall provide the following information with its offer, addressing all covered vessels for which overhaul, repair and maintenance work has been performed during the period covering the current calendar year, up to the date of proposal submission, and the preceding four calendar years:

- Name of vessel.

- Description and cost of qualifying shipyard work performed in U.S. shipyards.

- Description and cost of qualifying work performed in foreign shipyards and whether (a) such work was performed as emergency repairs in foreign shipyards due to accident, emergency, Act of God, or an infirmity the vessel, and safety considerations warranted taking the vessel to a foreign shipyard; or (b) such work was paid for or reimbursed by the U.S. Government. ).

- Names of shipyards that performed the work.

- Inclusive dates of work performed.

NOTE: The table is also an Attachment to the SF 1449.

Vessel Description of Qualifying

U.S. Shipyard Work Performed

Cost of Work

Performed

Shipyard Name and Address

Inclusive Dates of Work

Performed

Approximate Total $0.00

Vessel Description of Cost of Shipyard Name and Inclusive

U.S. Shipyard Work

Performed

Work Performed

Address Dates

Vessel Description of

U.S. Shipyard Work

Performed

Cost of Work

Performed

Shipyard Name and Address

Inclusive Dates

Paragraph (b)(13) is added to read as follows:

1. FORMAL COMMUNICATIONS

Formal communications and requests for clarification and/or information concerning this solicitation shall be submitted in writing to either of the addresses below:

U.S. Mail

USTRANSCOM/TCAQ-I

ATTN: Suzanne Mudd-Yarber and Michelle Mendez 508 Scott Drive Scott AFB, IL 62225-5357

E-mail: suzanne.mudd-yarber@ustranscom.mil

Subject: Solicitation HTC711-12-R-W006 To: suzanne.mudd-yarber@ustranscom.mil and michelle.mendez@ustranscom.mil

Request for clarification and/or information concerning the solicitation should be submitted in the following format:

Reference: Section____, Page____, Paragraph____, (or Figure____).

Question: ________________________________________________________.

All requests must be made in writing or via e-mail and submitted to the above address. No requests for clarification will be provided in response to offeror-initiated telephone calls. Written inquiries will be answered in writing and provided to all offerors. However, time may not permit requests to be answered if received by the above addressee within 10 calendar days of the due date for offers as specified in this solicitation.

There will be no communications with offerors after the date and time specified in the Contracting Officer's request for final proposal revisions.

2. NOTICE FOR RESTRICTIONS ON CONTACTS

Applicable to the release of this Request for Proposal (RFP), appropriate headquarters and directorate offices have been advised that a source selection action is in progress beginning late September 2012 through award of contract.

3. DETERMINATION OF COMPETITIVE RANGE

The Source Selection Authority may establish a competitive range and approve the elimination of any proposals submitted as a result of this solicitation.

Offerors are hereby advised that only those proposals determined to have a reasonable chance for award of a contract will be included in the competitive range. While every effort will be made to maintain strong competition, the Contracting Officer will also look to eliminate time consuming and unnecessary discussions with those Offerors whose proposals have no reasonable chance for award. This procedure is considered beneficial to both USTRANSCOM and the Offerors involved since, in addition to saving further expenditure of resources, acquisition lead-time should be reduced.

Accordingly, Offerors should submit initial proposals on their most favorable terms, from both a technical and cost standpoint. It should be noted that proposals will not be included in the competitive range solely on the basis of technical acceptability, nor will they be included due to cost considerations alone.

Offerors whose proposals are not included in the competitive range will be notified as soon as practicable.

Additional information relative to such proposals will be provided through debriefing of unsuccessful Offerors.

4. AWARD INFORMATION

All offerors must be able to perform all required tasks as identified in the PWS.

Award will be made in accordance with FAR 52.212-2 and the Addendum to FAR 52.212-2

5. PROPOSAL PREPARATION INSTRUCTIONS INFORMATION TO OFFERORS

5.1 GENERAL INSTRUCTIONS

The Government reserves the right not to award a contract based on the quality and quantity of proposals received.

The Government intends to evaluate proposals and award contracts without discussions with Offerors (except clarifications as described in FAR 15.306(a)). Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a technical and a price standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the government's requirements but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offeror's proposal.

5.2 ORGANIZATION/DISTRIBUTION/NUMBER OF COPIES

Offerors are responsible for submitting three (3) hard copies and one (1) electronic copy of their proposal, and any revisions, and modifications, so as to reach the Government office designated in the solicitation by the date and time specified in the solicitation. Offerors may use any of the following transmission methods: United States Post Office regular mail or express mail or via electronic (email) means. Any proposal sent by regular or express mail must be received at the designated Government office prior to the date and time specified in order to be considered. E-mail copies must be received at the initial point of entry to the Government infrastructure not later than 5:00 PM CST one working day prior to the date specified for receipt of proposals. E-mail address for proposal submission is suzanne.mudd-yarber@ustranscom.mil and michelle.mendez@ustranscom.mil. Please call the following number to confirm receipt: (618) 220-7929 or (618) 220-7095.

1. Proposal Format – In response to this solicitation, each Offeror must submit in each of the three hard copies, three separately bound volumes in accordance with the format outlined below. The hard copy proposals should be submitted on 8-1/2 by 11-in paper, using New Times Roman font with no less than 10-point font size. The Offeror should also provide an electronic version, via email or CDROM (CD-R), of its proposal using Microsoft Word and Excel. In the case of a conflict between the electronic and hard copy, the hard copy will be considered the correct version.

Volume I – Contracting/Pricing Volume – (Submit one with original documents and two with copies): Contracting/Pricing Volume will be submitted separately with all executed RFP Documents and shall consist of the completed and signed SF 1449 which includes, as a minimum, the pricing sheet/schedule of rates for base period and all option periods (four one year options) and any amendments to the solicitation.

Barge and Transit Info spreadsheet, a listing of vessel ownership and/or vessels under offeror’s control, a completed US Domestic Shipyard Report and all required certifications. Prices will be evaluated for reasonableness.

Volume II – Technical Capability and Evaluation Advantage for Use of U.S. Shipyards (Submit one with original documents and two with copies): This volume shall include a comprehensive document that outlines the company’s concept of operations, to include its skills and capability to meet the requirements of this acquisition, a Quality Control Plan (QCP), and a Small Business Subcontracting Plan. Offerors must demonstrate the ability to manage, supervise and perform in accordance with the contract requirements. The Technical Capability and Evaluation Advantage for Use of U.S. Shipyards will be evaluated against the criteria listed under the Evaluation Factors in the addendum to FAR 52.212-2, Evaluation Commercial Items.

Volume III – Past Performance Information (Submit one with original documents and two with copies) – This volume shall include past performance information required in FAR Clause 52.212-1 (b)(10) and addendum. This volume shall exclude any reference to the price aspects of the proposal. Each page of each copy should include the following legend: Source Selection Information – See FAR 2.101 and 3.104.

The Government may elect not to contact all the references provided by the offeror. The government also may contact references other than those provided by the offeror. The offeror’s failure to provide a sufficient number of references that can be contacted may result in the inability of the Government to assess the responsibility of the offeror.

6. CONTRACT DOCUMENTATION

6.1 Contract/Representations and Certifications

The purpose of this is to provide information to the Government for preparing the contract document and supporting file.

6.2 Solicitation/Contract Form

Offerors shall complete blocks 12, 17a, and 30a, b and c of the SF 1449. Signature by the offeror on the SF 1449 constitutes an offer, which the Government may accept. The "original" copy should be clearly marked under separate cover and should be provided without any punched holes.

6.2.1 Block 17b: If remittance address is different, put such address in the Central Contractor Registration (CCR) database.

6.2.2 Block 18b: 1) Payment to the contractor by the Government for services performed and accepted pursuant to the terms and conditions of this contract shall be in accordance with the applicable prices set forth in this contract.

6.2.3 Blocks 19 – 24. SCHEDULE OF SUPPLIES/SERVICES (See SF 1449 Continuation Pages)

6.2.4 Offeror shall complete FAR 52.212-3, Offeror Representations and Certifications – Commercial Items Alternate I and DFARS 252.212-7000 Offeror Representations and Certifications – Commercial Items.

6.3 Exceptions to Terms and Conditions

Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Failure to meet a requirement may result in an offer being ineligible for award.

6.4 Other Information Required

6.4.1 Company/Division Address, Identifying Codes, and Applicable Designations Provide company/division's street address, county and facility code; CAGE code; DUNS code; and size of business (large or small)

Paragraph (c) is tailored to read as follows:

Validity Statement: The Offeror’s proposal shall be valid 180 calendar days after the proposal due date.

The offeror shall make a clear statement in the proposal documentation that the proposal is valid until the applicable date as referenced above.

In accordance with FAR Subpart 4.8 (Government Contract Files), the government will retain one copy of all unsuccessful proposals. Unless the offeror requests otherwise, the government will destroy extra copies of such unsuccessful proposals.

Paragraph (l) is tailored to add the following:

Pre-Award Debriefing.

The Contracting Officer will promptly notify Offerors of any decision to exclude them from the competitive range, whereupon they may request and receive a debriefing in accordance with FAR 15.505. The Contracting Officer will notify unsuccessful Offerors in the competitive range of the source selection decision in accordance with FAR

15.506. Upon such notification, unsuccessful Offerors may request and receive a debriefing. Offerors desiring debriefing must make their request in accordance with the requirements of FAR 15.505 or 15.506, as applicable.

Discrepancies: If an Offeror believes the requirements in these instructions contain an error, omission, or are otherwise unsound, the Offeror shall immediately notify the Contracting Officer in writing with supporting rationale. The Offeror is reminded the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

(End of provision)

52.212-2 Evaluation - Commercial Items JAN 1999

ADDENDUM TO FAR 52.212-2

ADDENDUM TO FAR 52.212-2

Evaluation -- Commercial Items (Jan 1999)

Paragraph (a) is changed to read as follows:

The Government intends to award one contract resulting from this solicitation to the responsible offeror(s) 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:

FACTOR 1: TECHNICAL CAPABILITY

Sub Factor A: Equipment Sub-Factor B: Management of Operations Sub Factor C: Small Business Subcontracting Plan

FACTOR 2: PAST PERFORMANCE

FACTOR 3: EVALUATION ADVANTAGE FOR USE OF U.S. SHIPYARDS

FACTOR 4: COST/PRICE

This is a competitive best value source selection. Past Performance is significantly more important than the Evaluation Advantage for use of U.S. Shipyards, and when combined, are significantly more important than price.

The Government will utilize a variation of the Tradeoff Source Selection Process in accordance with the mandatory DOD Source Selection procedures. The SSEB will evaluate offers based on the submitted past performance, shipyard repair record and price. Technical Capability will be evaluated on an Acceptable/Unacceptable basis. The Government reserves the right to use subjective judgment during the evaluation process.

The Government intends to award a single contract to the offeror who is deemed responsible in accordance with the Federal Acquisition Regulation, as supplemented, whose proposal conforms to the solicitation requirements (to include all terms, conditions, representations, certifications, and all other information required by this solicitation), and is judged, based on the evaluation factors, to represent the best value to the Government. This may result in an award to a higher priced offeror, where the decision is consistent with the evaluation factors and the Source Selection Authority (SSA) reasonably determines that the superior past performance of a higher priced offeror outweighs any cost difference or any difference in both cost and Evaluation Advantage for use of U.S. Shipyards. However, the Government will not pay a price premium that it considers to be disproportionate to the benefits associated with superior past performance. Therefore, the Government will award the contract to the offeror considered to be the best value, all factors considered, given their relative order of importance. To arrive at a source selection decision, the SSA will integrate the SSEB’s evaluations of price, past performance and evaluation advantage for use of U.S. shipyards described below.

5.1. Identify Factors and Subfactors: Each offerors’ proposal will be evaluated against the following criteria:

Evaluation Advantage Use of U.S. Shipyards, Technical Capability, Past Performance, and Cost/Price.

Factor 1. Technical Capability

The government technical evaluation team shall evaluate the technical proposals at the sub-factor level on an acceptable/unacceptable basis, assigning ratings of Acceptable or Unacceptable as defined below.

If any technical subfactor is rated as “Unacceptable” the overall technical rating will be “Unacceptable.” If all technical subfactors are rated as “Acceptable” the overall technical rating will be “Acceptable.” All technically unacceptable offers will not be considered for award.

RATING DEFINITION

Acceptable Proposal meets the Government’s minimum requirements.

Unacceptable Proposal fails to meet the Government’s minimum requirements.

The proposal shall be evaluated against the following subfactors:

Sub Factor A: Equipment. The measure of merit for this subfactor is met when the offeror proposes sufficient equipment which will result in an offerors successful completion of the requirement. The Offeror must describe the quantity and type (to include size and configuration); of equipment that offeror proposes for use under this solicitation. Descriptions should be sufficient to allow the Government to determine compliance with service requirements listed in the Performance Work Statement (PWS). The Contractor and its equipment offered must currently possess or be eligible for United States Coast Guard (USCG) approval to operate in US coastal and inland waterways. The contractor shall provide a copy of the USCG certificate with their proposal. If equipment is under lease, the contractor shall provide lease agreement or signed letter of intent to lease with their proposal.

Sub-Factor B: Management of Operations. The measure of merit for this subfactor is met when the offeror meets the Government’s minimum standard. The contractor must describe in a Quality Control Plan (QCP) how the Contractor intends to meet the performance objectives identified in the PWS, provide cargo free of contamination or degradation, and should also identify those areas the Contractor sees as critical to the customers for this contract, how it will monitor quality performance in those areas, and how it will maintain customer expectations, including identification and correction of problems. The Quality Control Plan (QCP) must demonstrate the contractor’s ability to provide oversight, measurements, and reporting processes to ensure compliance with all contract requirements. The QCP must include all elements in the PWS and Performance Requirements Summary; to include a comprehensive and effective Safety and Security program that complies with all contract safety and security requirements. The contractor shall also include a copy of the official U.S. Coast Guard Oil Spill Response Plan Letter of Certification in lieu of the original Oil Spill Response Plan.

Sub Factor C: Small Business Subcontracting Plan (Applies to Large Business Only). The measure of merit for this subfactor is met when the offeror meets the Government’s minimum standard. This is achieved when the offeror submits a subcontracting plan that addresses the requirements of FAR Part 19.704.

Factor 2. Past Performance Information (PPI). The Government will evaluate the offeror’s past performance and assign a past performance confidence assessment.

The Government will evaluate past performance questionnaires submitted by the respondents identified in the offeror’s proposal and other information independently obtained by the Government.

First, the Government will evaluate the recency of past performance information (must be within the last 3 years).

Past performance information submitted which exceeds the 3 year limit will not be considered.

Next, the Government will evaluate the relevancy of past performance information and assign a relevancy rating.

The relevancy of each contract reference will be considered in the overall confidence assessment rating for the offeror.

Past Performance Relevancy Ratings

Rating Definition Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Finally, the Government will assign a past performance confidence assessment. Past performance evaluated as a measure of the Government’s confidence in the offeror’s ability to successfully perform based on previous and current contracts.

Past Performance Confidence Assessments Rating Description Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral)

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

Offerors are cautioned to submit sufficient information in the format specified in this solicitation. Offerors may be asked to respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than acceptable rating on any evaluation element or unfavorable comments received from sources without a formal rating system. Communications conducted regarding past performance to resolve minor or clerical errors will not constitute discussions and the SSA reserves the right to award a contract without the opportunity for revisions.

Factor 3: Evaluation Advantage for Use of U.S Shipyards (IAW DFARS 252.247-7026 - Evaluation Preference for Use of Domestic Shipyards — Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade (Nov 2008)). The Government will evaluate the offeror’s use of U.S. shipyards for certain overhaul, repair and maintenance work and assign an evaluation advantage rating of “1” or “2”. Technically acceptable proposals will then be subdivided based on the extent of overhaul, repair and maintenance work requiring a shipyard for a period greater than or equal to 5 calendar days. Offerors will be assigned an evaluation advantage of “1” (highest) or “2” (lowest) based on the following formula:

[Repair Money Spent in US]/[Total Repair Money Spent] = Evaluation Advantage.

Offerors with calculations amounting to 15% or higher will receive an evaluation advantage of “1.” All other offerors will receive an evaluation advantage of “2.”

- All calculations are based on total number of ships owned, operated or controlled by carrier whether or not they are used on this contract.

- Calculation will NOT include any money falling under the exceptions listed at DFARS 247.573(2)(c)(3)(i)

& (ii) – this means excluding the amount from the total as well as from the U.S. numbers.

- The calculation will be rounded to the nearest tenth (i.e., 38.7%).

After applying the evaluation advantage for U.S. Shipyards, proposals will be sorted into one of the following rankings.

Technical acceptable proposals compliant with U.S. Coastwise laws and evaluation advantage 1

Technical acceptable proposals compliant with U.S. Coastwise laws and evaluation advantage 2

Factor 4. Price Evaluation: The government will determine prices to be fair and reasonable utilizing one or more of the price analysis techniques in FAR 15.404-1(b) based on the total proposed price for all periods of performance, excluding reimbursables, plus an additional six-month period calculated in accordance FAR Clause 52.217-8, Option to Extend the Term of the Contract. Pricing for the six-month Extension of Services period will be based on half the proposed price, excluding reimbursables, of the final option period. However, the Extension of Services period will not be identified in the resulting contract as an option. Evaluation of options will not obligate the government to exercise the option(s). Proposals with prices determined unreasonable will not be considered for award.

5.2. Order of Importance: Basis for Award. The Government will determine which offerors are responsible and have submitted acceptable technical proposals. The Government will then conduct, only on those technically acceptable offers from responsible offerors, an integrated assessment on of the remaining factors to determine which offerors represents the best value to the Government. Past Performance is significantly more important than the Evaluation Advantage for use of U.S. Shipyards, and when combined, are significantly more important than price.

52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012 52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-9 Small Business Subcontracting Plan JAN 2011 52.219-28 Post-Award Small Business Program Rerepresentation APR 2012 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Act Of 1965 NOV 2007 52.222-43 Fair Labor Standards Act And Service Contract Act - Price

Adjustment (Multiple Year And Option)

SEP 2009

52.222-50 Combating Trafficking in Persons FEB 2009 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-18 Availability Of Funds APR 1984 52.232-36 Payment by Third Party FEB 2010

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL

BUSINESS SUBCONTRACTORS (DEVIATION 2012-

O0014) (AUG 2012)

AUG 2012

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.252-2 Clauses Incorporated By Reference FEB 1998 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7003 Agency Office of the Inspector General APR 2012 252.203-7004 Display of Fraud Hotline Poster SEP 2011 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7001 (INVALID EFF_DT) Disclosure of Ownership or Control by the Government of a Terrorist Country

DEC 1900

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) AUG 2012 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.247-7025 Reflagging or Repair Work JUN 2005

CLAUSES INCORPORATED BY FULL TEXT

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

ALTERNATE I (APR 2011)

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

(a) Definitions. As used in this provision:

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

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are…

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