N4215820QS020 Soliciatation.pdf

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation shall be posted on Beta.Sam.Gov https://beta.sam.gov .

The RFQ number is N42158-20-Q-S020. This solicitation documents and incorporates provisions and clauses in effect through FAC 2020-02 effective 23 Dec 2019 and DFARS Change Notice 20190531. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses:

https://www.acquisition.gov/browse/index/far and https://www.acquisition.gov/dfars. The NAICS Code is 811310 (Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Mainenance – Size Standard 8M).

The proposed contract action is for commercial services for which the Government intends to solicit and negotiate a single source, Carter Machinery Company, Inc. Interested persons may identify their interest and capability to respond to the requirement or submit proposals. This Notice of Intent is NOT a request for competitive proposals. However, all bids, proposals or quotations received by the closing response date may be considered by the Government. A determination by the Government not to compete with the proposed contract based upon responses to this Notice is solely within the discretion of the Government.

Information received will normally be considered solely for determining whether to conduct a competitive procurement.

SEE ADDENDUM

(No Collect Calls)

N4215820QS020 13-Feb-2020

b. TELEPHONE NUMBER

757-396-2063

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 14 Feb 2020

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.

N421589. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JEREMY R WEIBLE

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

N4215820RC00434

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

NORFOLK NAVAL SHIPYARD

ATTN: JEREMY WEIBLE

SUB & FLEET SUPPORT BRANCH

C452, BLDG 65, 2ND FL, RM 201

PORTSMOUTH VA 23709-1122

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE N42158 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NORFOLK NAVAL SHIPYARD

SEE TECHNICAL POINTS OF CONTACT

SEE STATEMENT OF WORK

PORTSMOUTH VA 23709-5000

TEL: FAX:

757-396-9797FAX:

TEL: 757-396-2063 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

811310

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 OF68

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.

N4215820QS020

Section SF 1449 - CONTINUATION SHEET

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Wage Determination 14 13-FEB-2020

STATEMENT OF WORK

1. Performance: Carter machinery will perform 4 quarterly PM's on each diesel generator at Norfolk Naval

Shipyard Dry Dock’s # 2, 3, 4, and 8. The PM's will be for routine preventive maintenance inspections per the "Preventive Maintenance Inspection" checklist provided by CAT. Once per year the engine oil, oil filter, and fuel filter will be change. A 100% load test for 2 hours will be performed yearly along with generator insulation testing Equipment Specifications.

2. Equipment Specifications: Caterpillar 3412 Diesel Generator Ser. # PW 2- 81Z17156, DD#3 south side on keel blocks- NAP00553 and DD#3 north side trailered- C5E03540, PW #4 -81Z17157, Pw # 8- 81Z17158,.

3. Contractor Responsibilities:

3.1 Provide Equipment and personel necessary to perform services.

3.2 Report PM status - To be provided to Technical POC within seven (7) days of performance of service.

3.3 Notify Technical POC of any additional services and/or parts needed to complete work; no additional work may be approved without prior contracting officer approval.

3.4 Shipyard Responsibilities: Customer agrees to provide Carter ready access to the Equipment during

Carter’s normal service hours (i.e., weekdays between the hours of 7:30 a.m. and 4:00 p.m.). Requested services outside these hours will be subject to the prevailing service rate differential. Customer is responsible for the cost of all additional approved or requested maintenance and repairs not specifically covered under this Agreement or any applicable warranties. Customer will prevent anyone other than Carter from maintaining, repairing or modifying the Equipment during the contract period of performance.

6. Lifting and Handling Requirements: N/A

7. Pre-Work Plan Meeting: For each quarterly performance, no work will start prior to on-site meeting with customer. The purpose of the meeting is for the contractor and government to obtain a mutual understanding of the existing conditions, required to complete work, specific impacts and risks associated with the work, and the level of effort required to develop the work plan, and cover all documentation requirements.

8. Certification of Work Requirements: N/A

9. Testing: N/A

10. Critical time Constraints: N/A

11. Location: Norfolk Naval Shipyard Dry Dock’s # 2, 3, 4, and 8

12. POCs Technical POC: TBD Certifying POC: TBD

13. ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) S, Utilities ONLY;

(5) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

14. DEFENSE BIOMETRIC IDENTIFICATION SYSTEMS (DBIDS) FOR INSTALLATION ACCESS

Any new contractor, vendor or supplier requesting base access AFTER 31 May 2017 will be required to obtain a DBIDS credential. NCACS credentials will no longer be issued. Only DBIDS credentials will be issued to ALL contractors, vendors and suppliers seeking base access AFTER 14 August 2017.

Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the DBIDS card is scanned at an installation entry point.

If you currently have a Navy Commercial Access Control System (NCACS) card, the following is required to get a DBIDS credential:

• Present your NCACS Card and a completed copy of the SECNAV FORM 5512/1 to the base Visitor Control Center representative.

• The VCC will pull up your information in the computer, ensuring all information is current and correct.

• Once your information is validated, a temporary DBIDS credential is provided.

• Your temporary credential will have an expiration date, prior to which you will need to obtain your permanent DBIDS credential (~ 90 days).

• For each additional U.S. Navy installation to which you need access, the first time you visit you only need to bring your DBIDS credential and statement of purpose for base access when arriving at the Visitor Control Center.

• The representative will enter base access authorization and then you may proceed to work.

If you do NOT have an NCACS Card, the following is required to obtain a DBIDS credential:

• Present a letter or official document from my government sponsoring organization that provides the purpose for your access.

• Present valid identification, such as a passport or Real ID Act-compliant state driver's license.

• Present a completed copy of the SECNAV 5512/1 form to obtain your background check.

• Upon completion of the background check, the Visitor Control Center representative will complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments; after all this is done, you will be provided with your new DBIDS credential.

• You may now proceed to work.

FOR ADDITIONAL QUESTIONS ABOUT OBTAINING A DBIDS CARD, CONTACT YOUR LOCAL

BASE VISITOR CONTROL CENTER. INFORMATION IS ALSO PROVIDED AT:

www.cnic.navy.mil/om/dbids.html One-Day Passes. Participation in the DBIDS is not mandatory, and if the Contractor chooses to not participate, the Contractor's personnel will have to obtain daily passes, be subject to daily mandatory vehicle inspection, and will have limited access to the installation. The Government will not be responsible for any cost or lost time associated with obtaining daily passes or added vehicle inspections incurred by non-participants in the

DBIDS.

15. PORTABLE ELECTRONIC DEVICES (PEDs)

"In accordance with COMSUBLANT/COMSUBPACINST 2075.1C, the use of Portable Electronic Devices (PEDs) while in or on Department of Navy Submarine spaces are prohibited. A portable electronic device (PED) is defined as any non-stationary electronic apparatus with singular or multiple capabilities of, but not limited to recording, storing, and/or transmitting data, voice, video, or photo images (e.g., cell phones, laptops, tablets and wearable devices such as fitness bands and smart watches)."

16. SAFETY

"Per FAR 22.102-1(a) entitled "Safety", Contractors are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard cognizance must follow Federal and State OSHA requirements OSHE OSHECM Chapter Hazardous Energy Control (HEC) requirements or safety requirements for site specific location of the contract.

a. Contractors and Non-NNSY Government Agencies (NNGAs) are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard (NNSY) cognizance must adhere to Federal OSHA requirements for hazardous energy control IAW 29 CFR 1915.89 and must follow Hazardous Energy Control (HEC) procedures as identified in NAVSEA’s Occupational Safety, Health, and Environment Corporate Manual (OSHECM) Chapter 250 (latest revision), when performing work under NNSY contract. All HEC work to be performed by Contractors and NNGAs requires that NNSY Technical Points of Contact (TPOCs) and/or Contracting Officer’s Representatives (CORs) be notified of the HEC scope of work prior to starting work. Any changes or deviations in the initial scope of HEC work requires the NNSY TPOCs and/or CORs be informed of the change/deviation. Appendix 250.B-1 through B-3 of OSHECM Chapter 250 for multiple employer work identifies when Contractors and NNGAs are required to assign their Lockout/Tags-Plus Coordinator (LOTC) to coordinate HEC work with the cognizant NNSY LOTC. HEC locks shall be provided by the contractor or NNGA for their employees use. The HEC locks shall have red bodies with name labels or name tags affixed, identifying who installed the HEC lock(s) and a point of contact telephone number. HEC lock name labels and tags must be made of materials that will hold up to the environment to which they are exposed. HEC tags used for Tags-Plus HEC work shall be provided by the cognizant NNSY LOTC to the contractor or NNGA for their use if machinery, equipment, or systems (MES) cannot be locked out. OSHECM Chapter 250 Tags-Plus procedures will be strictly followed.

b. Contractors and NNGAs may obtain electronic copies of OSHECM Chapter 250 (latest revision) and access the OSHA 1915.89 web site by using the following link to NNSY’s public access web site:

http://www.navsea.navy.mil/shipyards/norfolk/default.aspx

c. Names and contact information for NNSY LOTCs and/or the Building Monitor will be provided by NNSY TPOC and/or Contracting Officer Representative set forth elsewhere in this award document.”

17. Afterhours Access "Contractors are to go to Gate 15 and let the guards know they are to provide services/support via contract _________. It would be helpful for them to have a copy of the contract. The guards at the gate will then call the Base Precinct and subsequently be escorted to Bldg. 1618 to have a badge made."

52.212-1 ADDENDUM

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

Quotations shall be emailed to Jeremy Weible (E-mail: Jeremy.weible@navy.mil) by 14 Feb 2019 at 1:00 PM

EST.

This procurement action is being processed in accordance with FAR Part 12 Acquisition of Commercial Items, using Simplified Acquisition Procedures under the test program for commercial items found at FAR 13.5

Quotations will consist of the following information and documentation submitted together:

1. Completed representations and certifications, unless otherwise available in SAM;

2. Technical Acceptability Statement:

Contractor shall provide a written statement within the quote verifying contractor is able to meet all specifications IAW the SOW

— FAILURE TO PROVIDE THIS INFORMATION WILL RENDER QUOTE

INELIGIBLE FOR AWARD;

3. Pricing for line item being quoted IAW all specifications listed in the SOW.

Award will be made for the technically acceptable item or combination of technically acceptable items that result in the lowest aggregate price to the Government.

FAR 52.212-2, Evaluation — Commercial Items is applicable to this procurement. The Government will award a contract resulting from this Request for Quotation (RFQ) to the responsible quoter whose quotation conforms to the RFQ and represents the best value to the Government, price and other factors considered.

The following factors shall be used to evaluate quotations:

1. Technical Capability;

2. Price

Technical acceptability will be determined by reviewing the technical certifications submitted for each item to ensure that all of the technical requirements identified are met. Technical acceptability will be defined as follows:

Technical Evaluation Ratings

Rating Description Acceptable Quote meets all of the requirements identified.

Unacceptable Quote does not meet all of the requirements identified.

Contractors who fail to possess acceptable technical capability will not be considered for award and the other elements of their quotation will not be evaluated.

Price:

The estimated amount for each line item will be added together to determine the total estimated price, which will become the evaluated price.

The vendor’s proposed price will be evaluated on the basis of price reasonableness. All prices must be considered fair and reasonable as determined by the Government. Price quote shall be held firm and valid for sixty (60) days.

The completion and submission of the above items will constitute a quote and will be considered the vendor’s unconditional assent to the terms and conditions of this Solicitation and any attachments and/or exhibits.

Failure to provide all of these documents by the required date and time may preclude a quotation from award consideration at the discretion of the Government.

NOTE: Quotations determined to be technically unacceptable shall not be further evaluated for award. Of the technically acceptable quotations, the Government reserves the right to award to other than lowest price based upon a selection determined to be the best value to the Government, price and other factors considered.

Although price is considered lesser in importance relative to delivery, it has the potential to become more significant during the evaluation process. The importance of price will increase as the degree of equity in a respondent’s non-cost quotations rise. The importance of price will also increase when a quotation’s price is so significantly high as to diminish the value to the Government that might have been gained under the other aspects of the quotation. If at any point in the evaluation all respondents are determined to have submitted equal or generally, equivalent non-cost quotations, price may become the factor in determining the contractor selected for award.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 4 Job Preventative Maintenance

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #81Z17156 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 2 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

PURCHASE REQUEST NUMBER: N4215820RC00434

PSC CD: J036

NET AMT

0002 1 Job Bank Load test

FFP

Service to Perform 100% Bank Load Test for two (2) hours on Diesel Generator Serial #81Z17156 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 2 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

0003 1 Job Meggering Test

FFP

Service to Perform Meggering test for Diesel Generator Serial #81Z17156 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 2 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

0004 4 Job Preventative Maintenance

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #81Z17157 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 4 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

0005 1 Job Bank Load test

FFP

Service to Perform 100% Bank Load Test for two (2) hours on Diesel Generator Serial #81Z17157 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 4 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

0006 1 Job Meggering Test

FFP

Service to Perform Meggering test for Diesel Generator Serial #81Z17157 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 4 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

0007 4 Job Preventative Maintenance

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #81Z17158 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 8 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

0008 1 Job Bank Load test

FFP

Service to Perform 100% Bank Load Test for two (2) hours on Diesel Generator Serial #81Z17158 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 8 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

0009 1 Job Meggering Test

FFP

Service to Perform Meggering test for Diesel Generator Serial #81Z17158 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 8 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

0010 4 Job Preventative Maintenance

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #NAP00553 Located at Norfolk Naval Shipyard south side of Dry Dock #3 on Keel Blocks In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

0011 1 Job Bank Load test

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #NAP00553 Located at Norfolk Naval Shipyard south side of Dry Dock #3 on Keel Blocks In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

0012 1 Job Meggering Test

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #NAP00553 Located at Norfolk Naval Shipyard south side of Dry Dock #3 on Keel Blocks In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

0013 4 Job Preventative Maintenance

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #C5E03540 Located at Norfolk Naval Shipyard North side of Dry Dock #3 on Trailered In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

0014 1 Job Bank Load test

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #C5E03540 Located at Norfolk Naval Shipyard North side of Dry Dock #3 on Trailered In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

0015 1 Job Meggering Test

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #C5E03540 Located at Norfolk Naval Shipyard North side of Dry Dock #3 on Trailered In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

0016 1 Job Environmental Disposal Cost

FFP

One Time Environmental Disposal Cost FOB: Destination

MILSTRIP: N4215820RC00434

1001 4 Job OPTION Preventative Maintenance

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #81Z17156 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 2 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

1002 1 Job OPTION Bank Load test

FFP

Service to Perform 100% Bank Load Test for two (2) hours on Diesel Generator Serial #81Z17156 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 2 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

1003 1 Job OPTION Meggering Test

FFP

Service to Perform Meggering test for Diesel Generator Serial #81Z17156 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 2 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

1004 4 Job OPTION Preventative Maintenance

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #81Z17157 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 4 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

1005 1 Job OPTION Bank Load test

FFP

Service to Perform 100% Bank Load Test for two (2) hours on Diesel Generator Serial #81Z17157 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 4 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

1006 1 Job OPTION Meggering Test

FFP

Service to Perform Meggering test for Diesel Generator Serial #81Z17157 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 4 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

1007 4 Job OPTION Preventative Maintenance

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #81Z17158 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 8 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

1008 1 Job OPTION Bank Load test

FFP

Service to Perform 100% Bank Load Test for two (2) hours on Diesel Generator Serial #81Z17158 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 8 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

1009 1 Job OPTION Meggering Test

FFP

Service to Perform Meggering test for Diesel Generator Serial #81Z17158 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 8 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

1010 4 Job OPTION Preventative Maintenance

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #NAP00553 Located at Norfolk Naval Shipyard south side of Dry Dock #3 on Keel Blocks In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

1011 1 Job OPTION Bank Load test

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #NAP00553 Located at Norfolk Naval Shipyard south side of Dry Dock #3 on Keel Blocks In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

1012 1 Job OPTION Meggering Test

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #NAP00553 Located at Norfolk Naval Shipyard south side of Dry Dock #3 on Keel Blocks In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

1013 4 Job OPTION Preventative Maintenance

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #C5E03540 Located at Norfolk Naval Shipyard North side of Dry Dock #3 on Trailered In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

1014 1 Job OPTION Bank Load test

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #C5E03540 Located at Norfolk Naval Shipyard North side of Dry Dock #3 on Trailered In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

1015 1 Job OPTION Meggering Test

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #C5E03540 Located at Norfolk Naval Shipyard North side of Dry Dock #3 on Trailered In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

1016 1 Job OPTION Environmental Disposal Cost

FFP

One Time Environmental Disposal Cost FOB: Destination

MILSTRIP: N4215820RC00434

2001 4 Job OPTION Preventative Maintenance

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #81Z17156 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 2 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

2002 1 Job OPTION Bank Load test

FFP

Service to Perform 100% Bank Load Test for two (2) hours on Diesel Generator Serial #81Z17156 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 2 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

2003 1 Job OPTION Meggering Test

FFP

Service to Perform Meggering test for Diesel Generator Serial #81Z17156 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 2 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

2004 4 Job OPTION Preventative Maintenance

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #81Z17157 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 4 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

2005 1 Job OPTION Bank Load test

FFP

Service to Perform 100% Bank Load Test for two (2) hours on Diesel Generator Serial #81Z17157 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 4 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

2006 1 Job OPTION Meggering Test

FFP

Service to Perform Meggering test for Diesel Generator Serial #81Z17157 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 4 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

2007 4 Job OPTION Preventative Maintenance

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #81Z17158 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 8 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

2008 1 Job OPTION Bank Load test

FFP

Service to Perform 100% Bank Load Test for two (2) hours on Diesel Generator Serial #81Z17158 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 8 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

2009 1 Job OPTION Meggering Test

FFP

Service to Perform Meggering test for Diesel Generator Serial #81Z17158 Located at Norfolk Naval Shipyard Dry Dock Pumpwell 8 In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

2010 4 Job OPTION Preventative Maintenance

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #NAP00553 Located at Norfolk Naval Shipyard south side of Dry Dock #3 on Keel Blocks In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

2011 1 Job OPTION Bank Load test

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #NAP00553 Located at Norfolk Naval Shipyard south side of Dry Dock #3 on Keel Blocks In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

2012 1 Job OPTION Meggering Test

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #NAP00553 Located at Norfolk Naval Shipyard south side of Dry Dock #3 on Keel Blocks In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

2013 4 Job OPTION Preventative Maintenance

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #C5E03540 Located at Norfolk Naval Shipyard North side of Dry Dock #3 on Trailered In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

2014 1 Job OPTION Bank Load test

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #C5E03540 Located at Norfolk Naval Shipyard North side of Dry Dock #3 on Trailered In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

2015 1 Job OPTION Meggering Test

FFP

Service to Perform Quarterly Preventative Maintenance on Diesel Generator Serial #C5E03540 Located at Norfolk Naval Shipyard North side of Dry Dock #3 on Trailered In Accordance with Statement of Work Found herein FOB: Destination

MILSTRIP: N4215820RC00434

2016 1 Job OPTION Environmental Disposal Cost

FFP

One Time Environmental Disposal Cost FOB: Destination

MILSTRIP: N4215820RC00434

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 1008 Destination Government Destination Government 1009 Destination Government Destination Government 1010 Destination Government Destination Government 1011 Destination Government Destination Government 1012 Destination Government Destination Government 1013 Destination Government Destination Government 1014 Destination Government Destination Government 1015 Destination Government Destination Government 1016 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government 2009 Destination Government Destination Government 2010 Destination Government Destination Government 2011 Destination Government Destination Government 2012 Destination Government Destination Government 2013 Destination Government Destination Government 2014 Destination Government Destination Government 2015 Destination Government Destination Government 2016 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 18-FEB-2020 TO

17-FEB-2021

N/A NORFOLK NAVAL SHIPYARD

SEE TECHNICAL POINTS OF CONTACT

SEE STATEMENT OF WORK

PORTSMOUTH VA 23709-5000

FOB: Destination

N42158

0002 POP 18-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 18-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 18-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 18-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 18-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 18-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 18-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 18-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 18-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 18-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 18-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 18-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0014 POP 18-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0015 POP 18-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0016 POP 18-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 18-FEB-2021 TO

17-FEB-2022

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 18-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 18-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 18-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 18-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 18-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 18-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 18-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1009 POP 18-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1010 POP 18-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1011 POP 18-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1012 POP 18-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1013 POP 18-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1014 POP 18-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1015 POP 18-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1016 POP 18-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 18-FEB-2022 TO

17-FEB-2023

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 18-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 18-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 18-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 18-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 18-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 18-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 18-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2009 POP 18-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2010 POP 18-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2011 POP 18-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2012 POP 18-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2013 POP 18-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2014 POP 18-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2015 POP 18-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2016 POP 18-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 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 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 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

DEC 2019

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

MAY 2016

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 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 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019)

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 (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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.