N0025319Q02440005_Amendment_0005_Conformed.pdf
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- Attached to
- YTT-10 Regular Overhaul (ROH) Federal contract opportunity
- Solicitation number
- N0025319Q0244
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N0025319Q02440005 Amendment 0005 - Conformed Copy
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| N0025319Q02440006_Amendment_0006.pdf | ||
| N0025319Q02440005_Amendment_0005.pdf | ||
| N0025319Q02440003_Amendment_0003.pdf | ||
| N0025319Q02440002-Amendment_0002.pdf | ||
| N0025319Q0244_0001.pdf | ||
| N0025319Q0244_YTT-10_ROH.pdf | ||
| N0025319Q0244_Att_2-_Past_Performance_Reference.docx | DOCX document |
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SEE ADDENDUM
(No Collect Calls)
N0025319Q0244 31-Jul-2019
b. TELEPHONE NUMBER
360-315-3389
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 10 Sep 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 X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
N002539. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
PAUL B BERGLUND
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
NAVAL UNDERSEA WARFARE CENTER
ATTN: PAUL BERGLUND
PAUL.B.BERGLUND@NAVY.MIL
610 DOWELL STREET, BLDG 206
KEYPORT WA 98345
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS AX
13b. RATING
DO-A3
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
X SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: 360-315-3389 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,250
NAICS:
336611
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 OF103
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.
N0025319Q0244
Section SF 1449 - CONTINUATION SHEET
NOTES
NOTE 1:
WARNING – This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C. Sec. 2751 et seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C., App 2401, et seq. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with the provisions of OPNAVINST 5510.161 and DODD 5230.25.
DESTRUCTION NOTICE: CLASSIFIED INFORMATION, DESTROY IAW THE DOD 5220.22-M NATIONAL
INDUSTRIAL SECURITY PROGRAM OPERATION MANUARL (NISPOM). UNCLASSIFIED LIMITED
DOCUMENTS, (E.G., FOUO, DISTRIBUTION STATEMENT CONTROL) DESTORY BY ANY METHODS
THAT WILL PREVENT DISCLOSURE OF OR RECONSCRTUCTION OF THE DOCUMENT.
NOTE 2:
Quotes must be valid through December 31, 2019.
NOTE 3:
Ship check visits will be scheduled onboard the YTT-10 moored at NUWC Keyport for the dates identified in section 1.1 of the Statement of Work. Offerors are strongly encouraged to ship check the vessel prior to submitting an offer in order to gauge the condition, layout of the vessel, potential interferences, set-up and additional work that may be required to perform the work described herein. The decision by any Offeror to not request a ship check visit will be construed to mean that the Offeror fully understands all requirements of the solicitation. Interested Offerors shall email paul.b.berglund@navy.mil with copy to robert.watson1@navy.mil as early as possible with the desired visit date and time. Pre-registration a minimum of 72 hours in advance of the visit is mandatory to meet security and access requirements prior to arrival at NUWC Keyport. Late visit requests may result in the offeror not being able to attend a site visit. Prospective visitors shall include the company name, CAGE code, and solicitation number in the subject line of the email and provide the full name and citizenship of each requested visitor. Upon receipt of this information, a Government POC will confirm receipt and provide further instructions required to attend.
Offerors are encouraged to provide cellular contact numbers for visitors attending to allow for last minute site location or instruction changes if necessary. All prospective Offerors are advised that no questions will be entertained during the ship check but may be submitted in accordance with clause L-215-H007. Additionally, unless the solicitation is amended in writing, it will remain unchanged. If an amendment is issued, normal procedures relating to the acknowledgement and receipt of any such amendment shall be applicable. In no event will failure to attend a site visit constitute grounds for a claim after award of the contract.
LIST OF ATTACHMENTS (posted to FedBizOpps)
Attachment 1: Statement of Work (SOW) Attachment 2: Past Performance Worksheet Attachment 3: Government Tech. Manuals (Appendix A of SOW) Attachment 4: Government Furnished Equipment (GFE) (Appendix B of SOW) Attachment 5: As-Built Drawings (Appendix C of SOW) Attachment 6: Ship Alterations (SHIPALTS)(Appendix E of SOW) Attachment 7: Contract Data Requirement List (CDRL)
OFFEROR QUESTIONS AND ANSWERS
YTT-10 ROH Offeror Questions and Answers – N0025319Q0244
Question 1: The following drawing is referenced but not provided: drawing 1385781. Can you provide or help locate drawing 1385781?
Answer 1: Drawing 1385781 is provided in FedBizOpps as part of solicitation amendment 0002.
Question 2: It has been brought to my attention that item 7.6.8, Galley/Mess Upgrade REV 01, which states to “Accomplish the requirements of SHIPALT YTT/0039D REV 01”, the shipalt was not provided.
Can you provide or help locate SHIPALT YTT/0039D REV 01 and the associated references?
Answer 2: SHIPALT YTT/0039D REV 01 is provided in FedBizOpps as part of solicitation amendment 0002.
Question 3: YTT-10 item 7.6.8, calls for 10 pieces of Galley/Mess equipment to be replaced.
7.6.8 Galley/Mess Upgrade REV 01
This SHIPALT replaces existing Galley and Mess Deck equipment, to reduce maintenance requirements and to update grease interceptor hood fire extinguishing system. Specific items to be replaced include the under counter refrigerator, coffee maker, ice/water dispenser, cold food counter, under counter icemaker, electric range/oven, grease interceptor hood, dishwasher, and food warming table.
The existing trash compactor is to be removed and replaced with a storage cabinet having the same size.
Paragraphs 7.6.8.1.1 thru 7.6.8.1.1.4 says to replace only 4 items. Which is correct?
Answer 3: Replace only:
7.6.8.1.1.1 Under counter refrigerator.
7.6.8.1.1.2 Ice/Water Dispenser
7.6.8.1.1.3 Electric Range/Oven
7.6.8.1.1.4 Grease Interceptor Hood
7.6.8.1.2 Accomplish removal of trash compactor and replace with cabinet per SHIPALT YTT/0039D REV 01.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lot Docking and Undocking
FFP
The following SOW paragraphs shall be charged under CLIN 0001:
Paragraph 7.1 and subparagraphs except sub-paragraphs marked as optional.
FOB: Origin (Shipping Point)
PSC CD: J019
NET AMT
0002 1 Lot Ship Alterations (SHIPALTs)
FFP
The following SOW SHIPALT paragraphs shall be charged under CLIN 0002:
Paragraphs 7.6.1, 7.6.2, 7.6.3, 7.6.4, 7.6.5, 7.6.6, 7.6.7, and 7.6.8 except sub-paragraphs marked as optional.
0003 1 Lot Repair Items
FFP
The following SOW Repair paragraphs shall be charged under CLIN 0003:
Paragraphs 7.7.1, 7.7.2, 7.7.3, 7.7.4, 7.7.5, 7.7.6, 7.7.7, 7.7.8, 7.7.9, 7.7.10, 7.7.11, 7.7.12, 7.7.13, 7.7.14, 7.7.15, and 7.7.16 except sub-paragraphs marked as optional.
0004 1 Lot Preservation
FFP
The following SOW Preservation paragraphs shall be charged under CLIN 0004:
Paragraphs 7.4.1, 7.4.3, 7.4.4, 7.4.5 except sub-paragraphs marked as optional.
0005 1 Lot Administration and Support
FFP
The following administrative and support SOW items shall be charged under CLIN 0005:
Paragraphs 3, 4, 5, 6, 7.2, and 7.3 except sub-paragraphs marked as optional.
0006 1 Lot OPTION Option Vessel Fleeting for Preservation
FFP
The following Option paragraphs shall be charged, if authorized, to CLIN 0006 Paragraphs 7.1.12, 7.4.2, and 7.7.16.1.1.
0007 1 Lot OPTION Option Heavy Lift Support
FFP
The following Option paragraphs shall be charged, if authorized, to CLIN 0007 Paragraph 7.2.5.
0008 1 Lot OPTION Option Main and Fwd Mast Preservation
FFP
The following Option paragraphs shall be charged, if authorized, to CLIN 0008 Paragraph 7.4.5.
0009 1 Lot OPTION Option Full Ballast Tank Preservation
FFP
The following Option paragraphs shall be charged, if authorized, to CLIN 0009 Paragraphs 7.6.4.2.1.1, 7.6.4.2.2.1, 7.6.4.2.3.1.
0010 1 Lot OPTION Option Full CHT Tank Preservation
FFP
The following Option paragraphs shall be charged, if authorized, to CLIN 0010 Paragraph 7.6.7.1.1.1, 7.6.7.1.2.1, 7.6.7.1.3.1.
0011 1 Lot OPTION Option Shaft Fiberglass Repair
FFP
The following Option paragraphs shall be charged, if authorized, to CLIN 0011 Paragraph 7.7.3.3.2.1.
0012 1 Lot OPTION Option Shaft Straightening
FFP
The following Option paragraphs shall be charged, if authorized, to CLIN 0012 Paragraph 7.7.3.6.2.1.
0013 1 Lot OPTION Option Replace Tail Shaft Bearings
FFP
The following Option paragraphs shall be charged, if authorized, to CLIN 0013 Paragraph 7.7.3.8.
0014 1 Lot OPTION Option Propeller Re-Pitch
FFP
The following Option paragraphs shall be charged, if authorized, to CLIN 0014 Paragraph 7.7.4.4.
0015 1 Lot OPTION Option Propeller Weld Repairs
FFP
The following Option paragraphs shall be charged, if authorized, to CLIN 0015 Paragraph 7.7.4.5.
0016 1 Lot OPTION Option SHIPALT Pilot House/Chart Area Re
FFP
The following Option paragraphs shall be charged, if authorized, to CLIN 0016 Paragraph 7.8.1.1.
0017 1 Lot OPTION Option SHIPALT Video Surv. Sys. Install
FFP
The following Option paragraphs shall be charged, if authorized, to CLIN 0017 Paragraph 7.8.1.2.
0018 1 Lot OPTION Option SHIPALT Digital Data Com. Install
FFP
The following Option paragraphs shall be charged, if authorized, to CLIN 0018 Paragraph 7.8.1.3.
0019 1 Lot OPTION Option SHIPALT Anchor Chain Stopper Mod
FFP
The following Option paragraphs shall be charged, if authorized, to CLIN 0019 Paragraph 7.8.1.4.
0020 1 Lot OPTION Option Repair Generator Cleaning and Rpr
FFP
The following Option paragraphs shall be charged, if authorized, to CLIN 0020 Paragraph 7.8.2.1.
0021 1 Lot OPTION Option Insulation and Lagging Rmv/Replac
FFP
The following Option paragraphs shall be charged, if authorized, to CLIN 0021 Paragraph 7.8.2.2.
0022 1 Lot OPTION Option Growth Work Labor (460 units)
FFP
OFFEROR IS TO PRICE 1 UNIT OF 8 HOURS LABOR. NET AMT SHALL BE
CALCULATED AND ENTERED BASED UPON 460 UNITS. LABOR UNDER
THIS CLIN WILL BE AUTHORIZED THROUGH TECHNICAL
INSTRUCTION LETTER (TIL) IN ACCORDANCE WITH CLAUSE C-242-
H003.
0023 1 Lot OPTION Option Growth Work Material
FFP
Provide additional material as required for over and above work. $100,000
SHALL BE ENTERED AS THE NET AMT. THIS IS A NOT TO EXCEED
AMOUNT. MATERIAL PURCHASE WILL BE AUTHORIZED THROUGH
TECHNICAL INSTRUCTION LETTER (TIL) IN ACCORDANCE WITH
CLAUSE C-242-H003.
0024 1 Lot OPTION Option Additional Schedule
FFP
Provide additional 1 month of docking, services, and management support.
0025 1 Lot OPTION Option Re-Pitch L-Drive Propeller
FFP
The following option paragraphs shall be charged, if authorized, to CLIN 0026:
Paragraph 7.7.7.8.1
0026 1 Lot OPTION Option L-Drive Propeller Weld Repairs
FFP
The following option paragraphs shall be charged, if authorized, to CLIN 0026:
Paragraph 7.7.7.8.2 FOB: Destination
0027 1 Lot OPTION CDRLs
FFP
CDRL A001 thru A016. NOT SEPARATELY PRICED.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Origin Government Origin Government 0002 Origin Government Origin Government 0003 Origin Government Origin Government 0004 Origin Government Origin Government 0005 Origin Government Origin Government 0006 Origin Government Origin Government 0007 Origin Government Origin Government 0008 Origin Government Origin Government 0009 Origin Government Origin Government 0010 Origin Government Origin Government 0011 Origin Government Origin Government 0012 Origin Government Origin Government 0013 Origin Government Origin Government 0014 Origin Government Origin Government 0015 Origin Government Origin Government 0016 Origin Government Origin Government 0017 Origin Government Origin Government 0018 Origin Government Origin Government 0019 Origin Government Origin Government 0020 Origin Government Origin Government 0021 Origin Government Origin Government 0022 Origin Government Origin Government 0023 Origin Government Origin Government 0024 Origin Government Origin Government 0025 Origin Government Origin Government 0026 Origin Government Origin Government
0027 Origin Government Origin Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 29-NOV-2019 TO
19-MAR-2020
N/A N/A
0002 POP 29-NOV-2019 TO
19-MAR-2020
0003 POP 29-NOV-2019 TO
0004 POP 29-NOV-2019 TO
0005 POP 29-NOV-2019 TO
0006 POP 29-NOV-2019 TO
0007 POP 29-NOV-2019 TO
0008 POP 29-NOV-2019 TO
0009 POP 29-NOV-2019 TO
0010 POP 29-NOV-2019 TO
0011 POP 29-NOV-2019 TO
0012 POP 29-NOV-2019 TO
0013 POP 29-NOV-2019 TO
0014 POP 29-NOV-2019 TO
0015 POP 29-NOV-2019 TO
0016 POP 29-NOV-2019 TO
0017 POP 29-NOV-2019 TO
0018 POP 29-NOV-2019 TO
0019 POP 29-NOV-2019 TO
0020 POP 29-NOV-2019 TO
0021 POP 29-NOV-2019 TO
0022 POP 29-NOV-2019 TO
0023 POP 29-NOV-2019 TO
0024 POP 29-NOV-2019 TO
0025 POP 29-NOV-2019 TO
0026 POP 29-NOV-2019 TO
0027 POP 29-NOV-2019 TO
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation
JAN 2017
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 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 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 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
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION
2018-O0018)
OCT 2018
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.223-6 Drug-Free Workplace MAY 2001 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.229-3 Federal, State And Local Taxes FEB 2013 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 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 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-29 F.O.B. Origin FEB 2006
52.249-2 Termination For Convenience Of The Government (Fixed- Price)
APR 2012
52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 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 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
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
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.211-7003 Item Unique Identification and Valuation MAR 2016 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.215-7008 Only One Offer OCT 2013 252.215-7013 Supplies and Services Provided by Nontraditional Defense
Contractors.
JAN 2018
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7013 Duty-Free Entry--Basic MAY 2016 252.225-7019 Restriction on Acquisition of Anchor and Mooring Chain DEC 2009 252.225-7020 Trade Agreements Certificate--Basic NOV 2014 252.225-7021 Trade Agreements--Basic DEC 2017 252.225-7025 Restriction on Acquisition of Forgings DEC 2009 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets and
Tungsten.
APR 2019
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;
or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
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.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
(End of provision)
52.204-20 Predecessor of Offeror (JUL 2016)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;
or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)
Any contract awarded as a result of this solicitation will be DX rated order; A3 DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
PROPOSAL SUBMITTAL REQUIREMENTS:
Factor 1. Technical Acceptability:
Sub-factor 1.1. Shipyard Availability: Provide a scheduled start date and completion date to concur with the vessel availability dates identified in the RFP.
Sub-factor 1.2. Facility: The offeror shall provide a narrative detailing the offeror’s capability and infrastructure to dock and undock the YTT. Narratives must be clear, coherent, and prepared in sufficient detail for effective evaluation of the offeror’s proposal against sub-factor 1.2. Any supporting documentation included should clearly substantiate claims and be verifiable.
Please note that offerors are not required to hold a Master Ship Repair Agreement (MSRA) or Agreement for Boat Repair (ABR) to satisfy the requirements of Technical Acceptability sub-factor 1.3.
Sub-factor 1.3. Shipyard Credentials: Offeror shall provide a copy of current MSRA/ABR Certification.
OR
Corporate Experience: Offerors are required to provide a narrative on three (3) of the firm’s recently completed contracts or task orders (not to exceed three years older than date of solicitation) that demonstrate similar work as outlined in Sub-Factor 1.3 of the evaluation section of 52.212-2. Narratives must be clear, coherent, and prepared in sufficient detail for effective evaluation of the offeror’s proposal against Sub-Factor 1.3. Any supporting documentation included should clearly substantiate claims and be verifiable. Offeror’s shall include complete contract numbers, to include specific delivery/task order numbers as applicable, within the narrative to allow for the verification of claims. However, copies of contracts referenced are not required as part of the proposal.
If referencing non-government corporate experience contracts, offeror’s shall include an associated point of contact with the customer company which includes: name, company title, phone number, and email to allow for government verification.
Other Certifications: The offeror shall provide copies of current certifications for all paint inspectors that meet one of the requirements outlined in evaluation sub-factor 1.3 of the evaluation section of 52.212-2.
Quality Management Plan (QMP): A complete and current copy of the offeror’s written Quality Management Plan (QMP) meeting or exceeding the requirements of sub-factor 1.3 of the evaluation section of 52.212-2.
The offer must be determined to be technically acceptable before further consideration will be given.
Factor 2 – Past Performance Acceptability:
Offerors shall demonstrate past performance and the ability to deliver products and services of high quality by completing the attached Past Performance References (Attachment 2 ), for up to three Federal Government contracts for like or similar items under this solicitation. The contracts identified must have been underway for at least six months or longer; been performed by the same CAGE Code or provide an explanation why the different CAGE Code is relevant past performance; and if completed, must have been completed within the past three years. If you do not have any Federal Government contracts, then list State, local, or commercial contracts, in that order, to complete your Past Performance References. Offerors shall include an accessible point of contact, including name and telephone number, for each reference provided. Failure to submit the Past Performance References may be considered certification that the contractor has no past performance for like or similar items for the Government to evaluate.
Factor 3 - Price:
Offerors are required to submit prices for all line items with the exception of CLIN 0025, CDRLs.
Optional CLINs 0022 and 0023 are for work over and above that defined in the Statement of Work. These CLINs may be fully funded at time of exercise, however, any work charged to these CLINs must be authorized in advance through Technical Instruction Letters (TILs) in accordance with clause C-242-H003. The Government may issue multiple TILs authorizing work and/or material up to each CLIN's dollar ceiling.
For pricing purposes, Offerors must propose as follows:
- CLIN 0022, option growth work labor. Offerors must propose a fixed unit price for 8 hours of labor based upon a composite rate for shipyard labor. Offerors must also propose an extended price, which is derived by multiplying the unit price by 460 units. Hours will be ordered and invoiced in 8 hour (one unit) increments up to a maximum of 3,680 hours.
- CLIN 0023, option growth work material. The Government has provided a dollar ceiling of $100,000 for over and above material. $100,000 shall be entered as the proposed net amount. Material will be invoiced based upon actual prices.
EVALUATION INFORMATION:
Factor 1 – Technical Acceptability:
Offers must meet or exceed the specifications in the solicitation and any subsequent amendments. The information as specified in the proposal submittal requirements will be evaluated to determine if the proposed supplies meet or exceed the technical requirements as specified in the solicitation document.
Sub-factor 1.1. Shipyard Availability: This sub-factor will be evaluated based on the contractor's ability to meet the schedule stated in the solicitation.
Sub-factor 1.2. Facility: The offeror identifies that the facility to be used has adequate lifting and operational capacity to safely dock the vessel per the characteristics and requirements set forth in the statement of work. An on-site survey conducted by the Government Docking Observer (GDO) may be required to validate the facility’s capability. To avoid excessive cost, schedule or other adverse impacts associated with more remote dry dock locations, the contractor’s facility shall be located within 864 nautical miles of Seattle, WA via navigable waterways.
Please note that offerors are not required to hold a Master Ship Repair Agreement (MSRA) or Agreement for Boat Repair (ABR) to satisfy the requirements of Technical Acceptability sub-factor 1.3.
Sub-factor 1.3. Shipyard Credentials: Offeror submits a current MSRA/ABR certification.
Offerors who submit a current Master Ship Repair Agreement (MSRA) or Agreement for Boat Repair (ABR) will be rated as Acceptable for sub-factor 1.3 and do not need to submit the below information in response to this sub-factor.
OR
Corporate Experience: The offeror demonstrates specific experience providing marine preservation maintenance of the complexity similar to or exceeding the scope identified in the statement of work through a narrative of three (3) contracts within the last three (3) years. Offeror sufficiently demonstrates the necessary management, technical personnel and material resources available to successfully complete the requirements of the statement of work.
Other Certifications: The offeror provides current certificates demonstrating that all personnel who will serve as paint inspectors (either in-house or sub-contracted) are certified in accordance with NAVSEA Basic Paint Inspector (NBPI), NACE International Coatings Inspector or SSPC QP 1 programs, as required for accomplishing the requirements of the statement of work.
Quality Management Plan (QMP): The offeror provides its Quality Management Plan. The plan addresses, at a minimum, control of documents, controls of records, corrective action plan(s), preventative action plan(s), internal audit, and management review.
Once all sub-factors are evaluated, the government shall rate the offeror’s proposal for factor 1 using the table below:
Technical Evaluation Rating Table
Rating Description
Acceptable Proposal clearly meets the minimum requirements of the solicitation.
Unacceptable Proposal clearly does not meet the minimum requirements of the solicitation.
Factor 2 - Past Performance Acceptability:
Past performance will be evaluated based on the offerors demonstrated ability to satisfy its customers in the past, deliver products and services of high quality, meet delivery schedules, and comply with applicable Federal, State, and local laws and regulations.
The Government may contact some or all of each offeror’s customers to ask whether or not they believe: (1) that the offeror is capable, efficient and effective; (2) that the offeror’s performance conformed to the terms and conditions of its contract; (3) that the offeror was cooperative during performance; (4) that the offeror was committed to customer satisfaction; (5) that the offeror met proposed subcontracting goals, if applicable; and, (6) that the offeror was able to hire and retain qualified personnel necessary for successful completion of customer requirements.
Additionally they may ask if given a chance would they select the same or a different Contractor and/or other questions related to the offeror’s ability in the areas outlined for this Factor.
Offerors are advised that the Government may consider information obtained from sources other than those identified by the offeror, including Federal, State and local Government agencies, better business bureaus, published media and any other sources available to the Government, to include, but not limited to, Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), Federal Subaward Reporting System (FSRS), or other databases;
the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, and Fee Determining Officials.
The Government will consider the relevance of past performance information obtained in relation to the scope of this procurement. Past performance for projects completed more than 3 years ago will not be considered. Past performance, either positive or negative, which is considered by the Government to be more closely related to the scope of this effort, will be given greater weight in determining offerors’ Past Performance Acceptability/Unacceptability.
If the contractor does not provide past performance information with its offer, the Contracting Officer need not pursue further information if it is clear that the offeror’s price is not competitive.
NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral shall be considered “acceptable.”
Past Performance will be assessed according to the following evaluation ratings and criteria format provided in the below Rating Table.
Past Performance Evaluation Rating Table
Rating Description
Acceptable Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. (See NOTE above).
Unacceptable Based on the offeror's performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.
Factor 3 - Price:
Offerors are required to submit prices for all line items. Failure to submit a price for any line item may result in the offer being rejected as unacceptable. The prices will be compared to the Government Estimate, other offers received and/or other independent price and cost information. The Government will evaluate offers on the basis of lowest price, technically, and past performance acceptability to the Government; that is, selection of the contractor is to be based on the establishment of minimum requirements to be evaluated on an “acceptable” or “unacceptable” basis. Proposals are evaluated for acceptability but not ranked using the non-price factors. In order to be considered for award, there must be an “acceptable” rating in every non-price factor. Lowest Price Technically Acceptable (LPTA) non-price factors included Technical and Past Performance.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)
ALTERNATE I (OCT 2014)
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.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is…
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