N0017819R2615_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

N0017819R2615 25-Apr-2019

b. TELEPHONE NUMBER

540-643-9864

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 15 May 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001789. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MIRENDA F ROBERTSON

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

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NSWCDD 3

ATTN: MIRENDA ROBERTSON/CODE 026

MIRENDA.ROBERTSON@NAVY.MIL

17632 DAHLGREN ROAD STE 157

DAHLGREN VA 22448-5110

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N63273 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NSWCDD DAM NECK ACTIVITY

JANNA ROLAND

NSLC DAM NECK 2089 TARTAR AVE. BLDG 559

VIRGINIA BEACH VA 23461-2097

TEL: 757-492-7323 FAX:

540-653-7276FAX:

TEL: 540-653-9864 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

334111

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF67

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0017819R2615

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

FLEXPOD SELECT SYSTEMS

STATEMENT OF WORK (SOW)

1.0 BACKGROUND

Naval Surface Warfare Center Dahlgren Division, Dam Neck Activity (NSWCDD DNA), is the lead for the Naval Sea Systems Command (NAVSEA) Red Team (SEA-RT); a National Security Agency certified and United States Cyber Command accredited. SEA-RT is responsible for performing cyber developmental testing for NAVSEA systems, warfare centers, and shipyards.

2.0 APPLICABLE DOCUMENTS

2.1 Parts List (attached for reference (appendix A).

2.2 Parts List sorted by hardware, software, and services

(appendix B).

3.0 REQUIREMENTS

3.1 The Contractor shall deliver a quantity of four (4) each

Flexpod Select systems, consisting of Cisco UCS C220M5 (Quantity 2), Nexus 3548 (Quantity 2), Catalyst 3650 (Quantity 1), and NetApp A220 (Quantity 1) to the NSWCDD DNA located in Virginia Beach.

3.2 The Contractor shall ensure that the parts list referenced in section 2.1 makes up a single Flexpod Select system.

3.3 The Contractor shall provide the one (1) Engineering

Technician IV that meets the following qualifications to assemble the Flexpod Select rack:

3.3.1 Typical Education: Associates level degree in an

Electrical/Electronic Engineering, Engineering Technology, Physics or Mathematics.

3.3.2 Typical Experience: 5 years' work related experience in electrical/electronic systems. Independently plans and accomplishes complete projects or studies of broad scope and complexity or serves as an expert in a narrow aspect of a particular field of engineering, e.g., environmental factors affecting electronic engineering. Complexity of assignments typically requires considerable creativity and judgment to devise approaches to accomplish work, resolve design and operational problems, and make decisions in situations where standard engineering methods, procedures, and techniques may not be applicable. Supervisor or professional engineer provides advice on unusual or controversial problems or policy matters;

completed work is reviewed for compliance with overall project objectives. May supervise or train and be assisted by lower level technicians.

3.3.3 Performs, at this level, one or a combination of such

typical duties as: Prepares designs and specifications for various complex equipment or systems (e.g., a heating system in an office building, or new electronic components such as solid state devices for instrumentation equipment).

3.3.4 Plans approach to solve design problems; conceives and

recommends new design techniques; resolves design problems with contract personnel, and assures compatibility of design with other parts of the system.

3.3.5 Designs and coordinates test set ups and experiments to prove or disprove the feasibility of preliminary design; uses untried and untested measurement techniques; and improves the performance of the equipment. May advise equipment users or redesign to solve unique operational deficiencies.

3.3.6 Plans approach and conducts various experiments to develop equipment or systems characterized by (a) difficult performance requirements because of conflicting attributes such as versatility, size, and ease of operation; or (b) unusual combination of techniques or components. Arranges for fabrication of pilot models and determines test procedures and design of special test equipment.

3.4 The Contractor shall provide the Flexpod Select racked and cabled per the standard Flexpod design specifications.

3.5 The Contractor shall provide the Flexpod Select with power and data cables ran in a redundant manner so there is no single point of failure.

3.6 The contractor shall test the systems to ensure

operational capabilities are IAW OEM specifications.

3.7 The contractor shall coordinate with the technical point

of contact (TPOC) listed below to schedule delivery and installation.

4.0 GOVERNMENT-FURNISHED PROPERTY/MATERIAL/INFORMATION

(GFP/GFM/GFI)

4.1 There will be no GFP, GFM, or GFI provided.

5.0 SECURITY

5.1 All Key Personnel (i.e. program manager, integration

engineers, and service support employees) associated with this contract will be required to have at a minimum a DoD “Secret” clearance at time of award. The contractor will have access to information and compartments with a “Secret” classification.

All deliverables associated with this contract are “unclassified” unless otherwise specified. Access to classified spaces and material and generation of classified material shall be in accordance with the attached DD Form 254. The only expected classified tasks will be during integration and services required at NSWCDD DNA and NSWCDD locations while performing installation and connections to the JMETC MILS Network. All equipment at delivery is expected to by unclassified.

5.2 The Department of Defense Contract Security

Classification Specification (DD254) provides the security classification requirements for this effort. The contractor shall obtain personnel security clearances as required by the Department Industrial Security Program prior to starting to work on tasks requiring clearances. Access to classified spaces and material shall be in accordance with the NISPOM and the NSWCDD Command Security Manual.

5.3 Non-government and/or personally owned portable

electronic devices (PEDs) are prohibited in all NSWCDD buildings with the exception of personally owned cell phones which are authorized for use in spaces up to and including Controlled Access Areas. The Contractor shall ensure the onsite personnel remain compliant with this PED policy. NSWCDD instruction defines PEDs as the following: any electronic device designed to be easily transported, with the capability to store, record, receive or transmit text, images, video, or audio data in any format via any transmission medium. PED’s include, but are not limited to, pagers, laptops, radios, compact discs and cassette players/recorders. In addition, this includes removable storage media such as flash memory, memory sticks, multimedia cards and secure digital cards, micro-drive modules, ZIP drives, ZIP disks, CD-RWs, DVD-RWs, MP3 players, iPADs, digital picture frames, electronic book readers, kindle, nook, cameras, external hard dish drives, and floppy diskettes.

5.3.1 PED’s belonging to an external organization shall not be connected to NSWCDD networks or infrastructure without prior approval from the NSWCDD Information Assurance and Compliance Branch. This approval will be granted using the TARIS form and action tracker process.

5.3.2 Personally owned hardware or software shall not be

connected or introduced to any NSWCDD hardware, network or information system infrastructure.

5.3.3 Facility Clearance: The Contractor shall possess and

maintain a SECRET facility clearance as verified within the Industrial Security Facility Database.

5.3.4 No classified work or discussions will occur at the

contractor facility. All classified work and discussions will be conducted at NSWCDD DNA or NSWCDD.

5.3.5 Electronic Spillages (ES) are unacceptable and pose a risk to national security. An electronic spillage is defined as classified data placed on an information system (IS), media or hardcopy document possessing insufficient security controls to protect the data at the required classification level, thus posing a risk to national security (e.g., sensitive compartmented information (SCI) onto collateral, Secret onto Unclassified, etc). The contractor's performance as it relates to ES will be evaluated by the Government. ES reflects on the overall security posture of NSWCDD and a lack of attention to detail with regard to the handling of classified information of IS security discipline and will be reflected in the contractor's performance rating. In the event that a contractor is determined to be responsible for an ES, all direct and indirect costs incurred by the Government for ES remediation will be charged to the contractor.

5.3.5.1 NSWCDD Security will be responsible for the corrective action plan in accordance with the security guidance reflected on the DOD Contract Security Classification Specification - DD254. NSWCDD Security will identify the contractor facility and contract number associated with all electronic spillages that involve the contractor. NSWCDD Security will notify the Contracts Division with the contractor facility name and contract number, incident specifics and associated costs for clean-up. The Contracting Officer will be responsible to work with the Contractor Facility to capture the costs incurred during the spillage clean up. The Contractor is also responsible for taking Information Security Awareness training annually, via their Facility Security Officer (FSO), as part of the mandatory training requirements. If a spillage occurs additional training will be required to prevent recurrence.

5.3.6 All Contractors (including Subcontractors) shall

supplement their current security practices by requiring any personnel involved in executing this contract to complete Government-sponsored and administered Operations Security (OPSEC) training. In addition, all Contractors should be aware of the Critical Information List (CIL) for the organization they are supporting as well as the OPSEC plan for NSWCDD. Upon contract award, all identified Contractors (including Subcontractors) shall sign a Contractor's conformance statement and submit it to the NSWCDD COR named in block 13 of the attached DD-254 thereby acknowledging that they will meet the requirements of this contract. The COR shall contact their Department Training Coordinator to schedule key employees to attend the Government-sponsored OPSEC training. The Contractor must immediately notify the Government upon the discovery of any nonconformance with the OPSEC Plan.

5.3.7 Privacy Program Training. Privacy training is mandatory for all NSWCDD personnel (military, civilian, and contractor) and must be completed annually. Total Workforce Management Services (TWMS) is the official database for workforce training and is the tool for taking and recording privacy act training.

The contractor responsible for ensuring individual annual privacy training requirements are met.

6.0 TRAVEL

6.1 Integration of the Flexpods will be conducted at NAVAL

Surface Warfare Center Dahlgren Division, Dam Neck Activity and Naval Surface Warfare Center Dahlgren Division. Expected time for integration is five (5) days at each location working normal working hours during the week.

7.0 DELIVERABLES

4.1 The Contractor shall provide drawings and lists IAW CDRL

A001.

4.2 The Contractor shall provide a certificate of conformance

IAW CDRL A002.

8.0 TECHNICAL POINT OF CONTACT

Kris Walker

NSWCDD-DNA/R13

Address: Naval Surface Warfare Center, Dam Neck Activity Building 127S, Room 249, Virginia Beach, VA 23461 Phone: 757-492-1057 Email: Kristopher.walker@navy.mil

DELIVERABLES

Item Part Number Description Service Qty

Length NetApp

1 PS‐TM‐CONSLT‐

DAY‐ZA

PS Std Daily Consultant, ZA Exp.1yr from PO 3

2 AFF‐A220‐SYS‐

SC

3 AFF‐A220A‐002‐

SC

AFF‐A220A Flash Bundle 2

4 SW‐2‐A220A‐

TPM‐C

SW,Trusted Platform Module Enabled,A220,‐C 2

5 SW‐2‐A220A‐

NVE‐C

SW,Data at Rest Encryption Enabled,A220,‐C 2

6 AFF‐A220A‐EXP‐

AFF‐A220,HA,12X3.8TB SSD,Flash Bundle,NVE 1

7 X800‐42U‐R6 Power Cable,In‐Cabinet,C13‐C14 2 8 X‐02659‐00 Rail Kit,4‐Post,Rnd/Sq‐Hole,Adj,24‐32 1

9 X‐SFP‐H10GB‐

CU1M‐R6

Cable,Cisco 10GBase Copper SFP+ 1m 8

10 DATA‐AT‐REST‐

ENCRYPTION

Data at Rest Encryption Capable Operating Sys 2

11 SW‐FLASH‐01‐P SW,Per‐0.1TB,Flash,01,‐P 456

12 CS‐MV‐CI‐

FLEXPOD

FlexPod Support 1

13 CS‐BASE‐

SUPPORT

Base Software Support 36 months

14 CS‐SEC‐NBDD SE Secure,Next Bus Day Parts Delivery 12 months

15 CS‐NRD2‐G Non Returnable Disk Plus,g 12 months

16 SW‐2‐CL‐BASE SW‐2,Base,CL,Node 1

17 X‐SFP‐H10GB‐

CU1M‐R6

Cable,Cisco 10GBase Copper SFP+ 1m 8

NetApp Subtotal 1

Item Part Number Description Service Length

Qty

Cisco 18 C1‐N3K‐C3548X Cisco ONE Nexus 3548X, 48 SFP+ ports 12

Months

19 CON‐SSSNT‐

C1N3KC48

SOLN SUPP 8X5XNBD Cisco ONE Nexus 3548X, 48 SFP+ ports

Months

20 N3K‐C3064‐ Nexus 3K/9K Fixed Accessory Kit 2

ACC‐KIT

21 N3548‐BAS1K9 Nexus 3500 Base License 2

22 NXA‐FAN‐

30CFM‐F

Nexus 2K/3K/9K Single Fan port side exhaust airflow 8

23 C1F1PNEX35481

K9

Cisco ONE Foundation Perpetual Nexus 3548 12 Months

24 CON‐ECMUS‐

CFX35481

SOLN SUPP SWSS Cisco ONE Foundation Perpetual Nexus 3548

Months

25 N3548‐LAN1K9 Nexus 3548 Layer 3 LAN Enterprise License 2 26 C1‐NDB‐SWT‐K9 Cisco ONE Tap/SPAN Agg lic for 1 Cisco Nexus

Switch

Months

27 N3548‐ALGK9 Nexus 3500 Algo Boost License 2 28 C1‐DCL‐N3K‐K9 Cisco ONE DCNM for LAN Advanced Edt. for

Nexus 3000

Months

29 N2200‐PAC‐

400W

N2K/N3K AC Power Supply, Std airflow (port side exhaust) 4

30 CAB‐9K12A‐NA Power Cord 125VAC 13A NEMA 5‐15 Plug North America 4 31 NXOS‐703I7.5 Nexus 9500, 9300, 3000 Base NX‐OS Software Rel

7.0(3)I7(5)

32 UCSC‐C220‐

M5SX

UCS C220 M5 SFF 10 HD w/o CPU, mem, HD, PCIe, PSU 2

33 CON‐OSP‐

C220M5SX

SNTC 24X7X4OS UCS C220 M5 SFF 10 HD w/o CPU, mem, HD, PCIe, Months

34 UCSC‐MLOM‐

C40Q‐03

NOT PROVIDED FOR THIS UPDATE 2

35 CIMC‐LATEST IMC SW (Recommended) latest release for C‐Series Servers.

36 UCSC‐PSU1‐

770W

770W AC Hot‐Plug Power Supply for 1U C‐Series Rack Server

37 CAB‐9K12A‐NA Power Cord 125VAC 13A NEMA 5‐15 Plug North America 4 38 UCSC‐RAILB‐M4 Ball Bearing Rail Kit for C220 & C240 M4 & M5 rack servers 2 39 UCSC‐BBLKD‐S2 UCS C‐Series M5 SFF drive blanking panel 20 40 UCS‐SD‐64G‐S 64GB SD Card for UCS Servers 4

41 UCSC‐SATAIN‐

220M5 C220 M5 (8‐drive) SATA Interposer board 2

42 UCS‐MSTOR‐SD Mini Storage Carrier for SD (holds up to 2) 2

43 UCS‐SID‐INFR‐

CFP

Converged‐FlexPod 2

44 UCS‐SID‐WKL‐

UNK

Unknown 2

45 UCS‐MR‐

X32G2RS‐H

32GB DDR4‐2666‐MHz RDIMM/PC4‐21300/dual rank/x4/1.2v

46 UCS‐CPU‐6142 2.6 GHz 6142/150W 16C/22MB Cache/DDR4 2666MHz 4

47 UCSC‐HS‐

C220M5

Heat sink for UCS C220 M5 rack servers 150W CPUs & below

48 CVR‐QSFP‐

SFP10G=

QSFP to SFP10G adapter 4

49 SFP‐H10GB‐

CU1M=

10GBASE‐CU SFP+ Cable 1 Meter 4

50 SFP‐10G‐SR‐S= 10GBASE‐SR SFP Module Enterprise‐Class 2 51 C9300‐48P‐E Catalyst 9300 48‐port PoE+, Network Essentials 1

52 CON‐SSSNT‐

C93004PE

SOLN SUPP 8X5XNBD Catalyst 9300 48‐port

PoE+, Network Esse

Months

53 C9300‐NW‐E‐48 C9300 Network Essentials 48‐port license 1 54 S9300UK9‐168 Universal 1

55 PWR‐C1‐

715WAC

715W AC Config 1 Power Supply 1

56 CAB‐TA‐NA North America AC Type A Power Cable 2 57 STACK‐T1‐50CM 50CM Type 1 Stacking Cable 1

58 CAB‐SPWR‐

30CM

Catalyst Stack Power Cable 30 CM 1

59 C9300‐DNA‐E‐

C9300 DNA Essentials, 48‐Port Term Licenses 1

60 C9300‐DNA‐E‐

48‐3Y

C9300 DNA Essentials, 48‐port, 3 Year Term license

Month

61 C9300‐NM‐8X Catalyst 9300 8 x 10GE Network Module 1

62 PWR‐C1‐

715WAC/2

715W AC Config 1 Secondary Power Supply 1

Cisco Subtotal 1

Item Part Number Description Covered Product

Qty

PDU, UPS and Integration 66 AP7800B Rack PDU, Metered, 1U, 15A, 100/120V, (8) 5‐15 2

67 SMX3000RMLV2

UNC

APC Smart‐UPS X 3000VA Rack/Tower LCD 100‐127V with

Network Card

68 AR3104SP1 NetShelter SX 24U 600mm Wide x 1070mm Deep Enclosure ‐ 1250 lbs. Shock Packaging

69 Integration 1 PDU, UPS and Integration Subtotal 1

RECEIVING HOURS OF OPERATION

All deliveries to the Receiving Officer, Dahlgren Division, Naval Surface Warfare Center, Dahlgren, VA shall be made Monday through Friday from 7:00 a.m. to 2:30 p.m., local time. Deliveries will not be accepted after 2:30 p.m. No deliveries will be made on government holidays.

LATE DELIVERY NOTICE

In the event the contractor anticipates or encounters difficulty in complying with the contract delivery schedule or date, he/she shall immediately notify, in writing, the Contracting Officer and the cognizant Contract Administration Services Office, if assigned. The notice shall give the pertinent details; however, such notice shall not be construed as a waiver by the Government of any contract delivery schedule, or of any rights or remedies provided by law or under this contract.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 4 Each Flexpod Select Systems

FFP

Consisting of Cisco UCS C220M5 (Quantiy 2), Nexus 3548 (Quantity 2, Catalyst 3650 (Quantity 1) and NetAp A220 (Quantity 1) See attache SOW/Configurations Total quantity-4 Each NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

MFR PART NR: PS-TM-CONSLT-DAY-ZA

PSC CD: 7010

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lot Shipping

FFP

Shipping:

CDSA DAM NECK

RECEIVING OFFICER

NSLC DAM NECK 2089 TARTAR AVE.

BLDG 559

VIRGINIA BEACH, VA 23461-2097

FOB: Destination

MFR PART NR: PS-TM-CONSLT-DAY-ZA

PSC CD: V112

NET AMT

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30 dys. ADC 4 NSWCDD DAM NECK ACTIVITY

JANNA ROLAND

NSLC DAM NECK 2089 TARTAR AVE.

BLDG 559

VIRGINIA BEACH VA 23461-2097

757-492-7323 FOB: Destination

N63273

0002 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination N63273

CLAUSES INCORPORATED BY REFERENCE

52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.204-2 Security Requirements AUG 1996 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.244-6 Subcontracts for Commercial Items JAN 2019 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

MAR 2018

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.225-7000 Alt I Buy American--Balance of Payments Program Certificate -- Alternate I (Nov 2014)

NOV 2014

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.239-7009 Representation of Use of Cloud Computing SEP 2015 252.239-7010 Cloud Computing Services OCT 2016 252.239-7017 Notice of Supply Chain Risk FEB 2019 252.239-7018 Supply Chain Risk FEB 2019 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.246-7007 Contractor Counterfeit Electronic Part Detection and

Avoidance System

AUG 2016

252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 334111.

(2) The small business size standard is 1,250.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

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

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

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

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

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

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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,…