Sol_1333MK25Q0087.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

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

. YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

1333MK25Q0087

See Schedule See Schedule

OMAO Field Delegates

601 EAST 12TH STREET SUITE 1746

KANSAS CITY MO 64106

05/14/2025 1700 ED

140802-25-0441

ALEXANDER CANCELA

OMAO-FD 100.00

OMAO-FD

ALEXANDER CANCELA

336611

05/08/2025

NMAN7946

ADMINISTERED BY:

OMAO Field Delegates

601 EAST 12TH STREET SUITE 1746

KANSAS CITY MO 64106 USA

DELIVER TO:

NOAA SHIP FERDINAND HASSLER

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

439 WEST YORK STREET

NORFOLK VA 23510 USA

THE GOVERNMENT WILL AWARD A FIRM FIXED PRICE

CONTRACT BASED ON BEST VALUE TO THE GOVERNMENT:

PAST EXPERIENCE/ PERFORMANCE, AND BEST PRICE.

THIS ACQUISITION IS A 100% SMALL BUSINESS SET

ASIDE UNDER THE NAICS CODE 336611, SHIP BUIDING

AND REPAIRING, WITH THE SIZE STANDARD OF 1,300

EMPLOYEES AND THE PRODUCT SERVICE CODE IS J020.

PLEASE REVIEW THE ATTACHED RFQ 1333MK25Q0087

AND PROVIDE THE FOLLOWING INFORMATION WITH YOUR

OFFER, FAILURE TO PROVIDE THE FOLLOWING

DOCUMENTATION MAY BE EXCLUDED FROM

CONSIDERATION.

1. PLEASE PROVIDE NAME, ADDRESS, TELEPHONE

NUMBER, SAM UEI, CAGE #, AND TAX ID.

2. AN ITEMIZED/DETAIL BREAKDOWN COST OF THE

QUOTE THAT WILL REFLECT THE ENTIRE PRICE UNDER

THIS RFQ. (THAT WOULD INCLUDE ONLY IF

APPLICABLE THE FOLLOWING: PARTS, LABOR, TRAVEL,

ETC.).

3. VENDOR SHALL PROVIDE A PLAN ON HOW THEY WILL

MEET AND OR EXCEED THE PERIOD OF PERFORMANCE.

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

4. A COPY OF THE LIABILITY INSURANCE (PLEASE

ENSURE IS UP TO DATE).

5. INCLUDE STATEMENT SPECIFYING THE EXTENT OF

AGREEMENT WITH ALL TERMS, CONDITIONS, AND

PROVISION INCLUDED IN THE RFQ. QUOTES THAT

REJECTS THE TERMS AND CONDITIONS OF THE RFQ MAY

BE EXCLUDED FROM CONSIDERATION.

6. ACKNOWLEDGEMENT OF SOLICITATION AMENDMENTS

(SF-30) IF ANY.

7. VENDOR SHALL BE AN AUTHORIZED DEALER,

DISTRIBUTOR, OR SERVICE PROVIDER FROM THE OEM

(CARTERPILLAR) AND PROVIDE AN AUTHORIZED

DISTRIBUTOR/ VENDOR SERVICE LETTER FROM THE

OEM.

8. VENDOR SHALL PROVIDE AT LEAST THREE DETAIL

JOBS WITH REFERENCES PERFORMED WITHIN THE PAST

THREE YEARS THAT ARE THE SAME OR SIMILAR IN

SCOPE SPECIFICALLY WITH CARTERPILLAR COOLER

SERVICE. VENDOR SHALL PROVIDE A POINT OF

CONTACT THAT INCLUDES NAME, TELEPHONE NUMBER,

EMAILS, CONTRACT VALUE AND A DETAIL DESCRIPTION

OF THE WORK PERFORMED.

ALL RESPONSIBLE SOURCES MAY SUBMIT A QUOTATION,

WHICH SHALL BE CONSIDERED BY THE AGENCY. QUOTES

MUST BE SUBMITTED VIA ELECTRONIC MEANS (EMAIL)

NO LATER THAN MAY 14, 2025 AT 5:00 P.M. EASTERN

TIME (ET.) TO ALEXANDER.CANCELA@NOAA.GOV.

THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY

FOR NON-RECEIPT OF EMAIL.

ALL QUESTIONS MUST BE SUBMITTED IN WRITING TO

ALEXANDER.CANCELA@NOAA.GOV BY MAY 12, 2025 AT

12:00P.M. ET. TELEPHONE INQUIRIES WILL NOT BE

HONORED.

CONTRACTORS ARE ENCOURAGED TO REGISTER WITH THE

HTTPS:// BETA.SAM.GOV/VENDOR NOTIFICATION

SERVICE AS WELL AS THE INTERESTED VENDORS LIST

FOR THIS ACQUISITION (SEE APPLICABLE TAB WITHIN

HTTPS://SAM.GOV/ WHERE THIS SYNOPSIS/

SOLICITATION IS POSTED). QUOTERS MUST BE

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

REGISTERED IN THE SAM DATABASE TO BE CONSIDERED

FOR AWARD. REGISTRATION IS FREE AND CAN BE

COMPLETED ON-LINE AT HTTPS://BETA.SAM.GOV/.

PLEASE SEE ATTACHED:

1. SF1449 1333MK25Q0087 WITH CLAUSES AND

PROVISIONS.

0001 REPLACE EXISTING AFTERCOOLER CORES WITH CLEAN,

GFE CORES. CLEAN & INSPECT ENGINES IN

ACCORDANCE WITH THE ATTACHED STATEMENT OF WORK.

PERIOD OF PERFORMANCE:

6/24/2025 - 6/29/2025 or

8/21/2025 - 8/26/2025.

PLACE OF PERFORMANCE:

NOAA SHIP FERDINAND HASSLER

MARINE OPERATION CENTER ATLANTIC

439 WEST YORK STREET

NORFOLK, VA 23510

Product/Service Code: J020

ADDITIONAL ITEM REQUIREMENTS (AIR): THESE ITEMS

RELATE TO GROWTH WORK. THE RATES QUOTED WILL BE

USED THROUGHOUT THE LIFE OF THE CONTRACT IF

GROWTH WORK IS ADDED TO THE SCOPE OF THE

CONTRACT [REFERENCE COMMERCE ACQUISITION

REGULATION (CAR) CLAUSE 1352.271-72]. IF AIRS

ARE ISSUED, THESE ITEMS WILL BE AWARDED AT THE

QUANTITIES NEEDED VIA A CONTRACT MODIFICATION.

0002 GROWTH WORK

**PROVIDE BREAKDOWN, AS FOLLOWS: AIRS/GROWTH

HOURLY LABOR RATE**

REGULAR LABOR RATE__________________PER HOUR

OVERTIME RATE____________________PER HOUR

HOLIDAY/WEEKEND OVERTIME _________________PER

HOUR.

Product/Service Code: J020

1333MK25Q0087 BASE

Section II - Supplies or Services and Price/Costs Section IX - Contract Clauses Section X - List of Attachments

Section II - Supplies or Services and Price/Costs

CLIN List

Item Number Description Quantity Unit Unit Price Amount

THE GOVERNMENT WILL AWARD A FIRM

FIXED PRICE CONTRACT BASED ON BEST

VALUE TO THE GOVERNMENT: PAST

EXPERIENCE/ PERFORMANCE, AND BEST

PRICE.

THIS ACQUISITION IS A 100% SMALL

BUSINESS SET ASIDE UNDER THE NAICS CODE

336611, SHIP BUIDING AND REPAIRING, WITH

THE SIZE STANDARD OF 1,300 EMPLOYEES

AND THE PRODUCT SERVICE CODE IS J020.

PLEASE REVIEW THE ATTACHED RFQ

1333MK25Q0087 AND PROVIDE THE

FOLLOWING INFORMATION WITH YOUR

OFFER, FAILURE TO PROVIDE THE

FOLLOWING DOCUMENTATION MAY BE

EXCLUDED FROM CONSIDERATION.

1. PLEASE PROVIDE NAME, ADDRESS,

TELEPHONE NUMBER, SAM UEI, CAGE #, AND

TAX ID.

2. AN ITEMIZED/DETAIL BREAKDOWN COST

OF THE QUOTE THAT WILL REFLECT THE

ENTIRE PRICE UNDER THIS RFQ. (THAT

WOULD INCLUDE ONLY IF APPLICABLE THE

FOLLOWING: PARTS, LABOR, TRAVEL, ETC.).

3. VENDOR SHALL PROVIDE A PLAN ON HOW

THEY WILL MEET AND OR EXCEED THE

PERIOD OF PERFORMANCE.

4. A COPY OF THE LIABILITY INSURANCE

(PLEASE ENSURE IS UP TO DATE).

5. INCLUDE STATEMENT SPECIFYING THE

EXTENT OF AGREEMENT WITH ALL TERMS,

CONDITIONS, AND PROVISION INCLUDED IN

THE RFQ. QUOTES THAT REJECTS THE TERMS

AND CONDITIONS OF THE RFQ MAY BE

EXCLUDED FROM CONSIDERATION.

6. ACKNOWLEDGEMENT OF SOLICITATION

AMENDMENTS (SF-30) IF ANY.

Item Number Description Quantity Unit Unit Price Amount

7. VENDOR SHALL BE AN AUTHORIZED

DEALER, DISTRIBUTOR, OR SERVICE

PROVIDER FROM THE OEM (CARTERPILLAR)

AND PROVIDE AN AUTHORIZED

DISTRIBUTOR/ VENDOR SERVICE LETTER

FROM THE OEM.

8. VENDOR SHALL PROVIDE AT LEAST THREE

DETAIL JOBS WITH REFERENCES PERFORMED

WITHIN THE PAST THREE YEARS THAT ARE

THE SAME OR SIMILAR IN SCOPE

SPECIFICALLY WITH CARTERPILLAR COOLER

SERVICE. VENDOR SHALL PROVIDE A POINT

OF CONTACT THAT INCLUDES NAME,

TELEPHONE NUMBER, EMAILS, CONTRACT

VALUE AND A DETAIL DESCRIPTION OF THE

WORK PERFORMED.

ALL RESPONSIBLE SOURCES MAY SUBMIT A

QUOTATION, WHICH SHALL BE CONSIDERED

BY THE AGENCY. QUOTES MUST BE

SUBMITTED VIA ELECTRONIC MEANS (EMAIL)

NO LATER THAN MAY 14, 2025 AT 5:00 P.M.

EASTERN TIME (ET.) TO

ALEXANDER.CANCELA@NOAA.GOV.

THE GOVERNMENT DOES NOT ACCEPT

RESPONSIBILITY FOR NON-RECEIPT OF EMAIL.

ALL QUESTIONS MUST BE SUBMITTED IN

WRITING TO

ALEXANDER.CANCELA@NOAA.GOV BY MAY

12, 2025 AT 12:00P.M. ET. TELEPHONE

INQUIRIES WILL NOT BE HONORED.

CONTRACTORS ARE ENCOURAGED TO

REGISTER WITH THE HTTPS://

BETA.SAM.GOV/VENDOR NOTIFICATION

SERVICE AS WELL AS THE INTERESTED

VENDORS LIST FOR THIS ACQUISITION (SEE

APPLICABLE TAB WITHIN HTTPS://SAM.GOV/

WHERE THIS SYNOPSIS/ SOLICITATION IS

POSTED). QUOTERS MUST BE REGISTERED IN

THE SAM DATABASE TO BE CONSIDERED FOR

AWARD. REGISTRATION IS FREE AND CAN BE

COMPLETED ON-LINE AT

HTTPS://BETA.SAM.GOV/.

PLEASE SEE ATTACHED:

Item Number Description Quantity Unit Unit Price Amount

1. SF1449 1333MK25Q0087 WITH CLAUSES

AND PROVISIONS.

REPLACE EXISTING AFTERCOOLER CORES

WITH CLEAN, GFE CORES. CLEAN & INSPECT

ENGINES IN ACCORDANCE WITH THE

ATTACHED STATEMENT OF WORK.

PERIOD OF PERFORMANCE:

6/24/2025 - 6/29/2025 or 8/21/2025 - 8/26/2025.

PLACE OF PERFORMANCE:

NOAA SHIP FERDINAND HASSLER

MARINE OPERATION CENTER ATLANTIC

439 WEST YORK STREET

NORFOLK, VA 23510

Award Type: Firm-fixed-price Product/Service Code: J020 Requisition No: 140802-25-0441

ADDITIONAL ITEM REQUIREMENTS (AIR):

THESE ITEMS RELATE TO GROWTH WORK.

THE RATES QUOTED WILL BE USED

THROUGHOUT THE LIFE OF THE CONTRACT IF

GROWTH WORK IS ADDED TO THE SCOPE OF

THE CONTRACT [REFERENCE COMMERCE

ACQUISITION REGULATION (CAR) CLAUSE

1352.271-72]. IF AIRS ARE ISSUED, THESE

ITEMS WILL BE AWARDED AT THE

QUANTITIES NEEDED VIA A CONTRACT

MODIFICATION.

GROWTH WORK

**PROVIDE BREAKDOWN, AS FOLLOWS:

AIRS/GROWTH HOURLY LABOR RATE**

REGULAR LABOR

RATE__________________PER HOUR

OVERTIME RATE____________________PER

HOUR

HOLIDAY/WEEKEND OVERTIME

_________________PER HOUR.

Item Number Description Quantity Unit Unit Price Amount

Award Type: Firm-fixed-price Product/Service Code: J020 Requisition No: 140802-25-0441

Section IX - Contract Clauses

Clauses Incorporated by Reference Clause Number Clause Title

52.204-7 System for Award Management. (NOV 2024)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting.

(AUG 2020)

52.204-18 Commercial and Government Entity Code Maintenance.

(AUG 2020)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

1352.201-70 Contracting Officer's Authority. (MAR 2010) 1352.209-73 Compliance with the laws. (APR 2010) 1352.209-74 Organizational conflict of interest. (APR 2010) 1352.271-70 Inspection and manner of doing work. (APR 2010)

1352.271-72 Additional Item Requirements (AIR)-growth work (APR 2010)

1352.271-73 Schedule of work. (APR 2010) 1352.271-76 Performance. (APR 2010) 1352.271-77 Delays. (APR 2010) 1352.271-79 Liability and insurance. (APR 2010)

1352.271-82 Department of Labor occupational safety and health standards for ship repair. (APR 2010)

1352.271-83 Government review, comment, acceptance and approval. (APR 2010)

1352.271-84 Access to the vessel. (APR 2010)

1352.271-85 Documentation of requests for equitable adjustment.

(APR 2010)

1352.271-87 Changes-ship repair. (APR 2010) 1352.271-89 Temporary services. (APR 2010)

0001 STATEMENT OF WORK

1 Intent:

1.1.1 This item describes the requirement to change out aftercoolers on the port and starboard main engines (MPDE) and ship’s service diesel generators (SSDG) aboard NOAA Ship FERDINAND R.

HASSLER.

1.2 References:

1.2.1 None

1.3 Government Furnished Material:

1.3.1 2 sets of aftercoolers for MPDEs (C32)

1.3.2 2 sets of aftercoolers for SSDGs (C9)

1.4 Requirements:

1.4.1 Remove existing and install GFM aftercooler cores on both the PORT and STARBOARD main diesel engines, and both the port and starboard SSDGs.

1.4.2 Provide new OEM seal and gasket sets to accommodate aftercooler changes on each engine.

1.4.3 Provide sealant for aftercooler cores. See 1.6.4.

1.4.4 Inspect and clean turbo housings and air lines.

1.4.5 Inspect intake plenum.

1.4.6 Inspect remaining connection points and parts removed to facilitate aftercooler core change.

1.4.7 Checkpoint: Submit a condition found report to the port engineer and contracting officer to recommend additional replacement parts and maintenance, as required.

1.4.8 Reinstall all components, utilizing new OEM seals and gaskets.

1.4.9 Package used aftercooler cores in the GFE containers.

1.4.10 Upon completion of all work, perform an operational test of all four engines. Observe engines for proper operation and control, to the satisfaction of the Chief Marine Engineer or Port Engineer.

1.4.11 Provide a service summary report. Include individual engine hours and total fuel burn, inspection observations and any recommendations for additional maintenance or repairs.

1.5 Quality Assurance:

1.5.1 Run each engine until normal operating temperatures and conditions are met. Verify no leaks and proper operational parameters are met.

1.6 Notes:

1.6.1 MPDEs are CAT C-32 Engines, SSDGs are CAT C9 Engines. Engine S/Ns as follows:

PME RND00123

SME RND00124

PDG C9J00506

SDG C9J00507

1.6.2 The work is expected to be performed at NOAA’s Marine Operations Command – Atlantic (MOC- A), Norfolk, VA facility between 6/24/2025 and 6/29/2025 or 8/21/2025 and 8/26/2025.

1.6.3 The point of contact for this work is the Port Engineer Justin Kusterer. He can be reached at 240-704-2815 or justin.kusterer@noaa.gov

1.6.4 It has been noted that after having been cleaned and hydro tested, sealant may be removed from the aftercooler cores outer perimeter. The Contractor shall provide the required sealant in the event that GFE cores are lacking.

0002 BRAND NAME JUSTIFICATION

SINGLE SOURCE DETERMINATION USING SIMPLIFIED ACQUISITION PROCEDURES (SAP)

FOR AN ACTION NOT EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD (AUTHORITY: FAR 13.106- 1(b)(1)) 140802-25-0441 1.Agency and contracting activity. Department of Commerce, NOAA Office of Marine and Aviation Operations, Acquisition, Analysis, and Accountability Branch 2.Description of supplies or services required to meet agency needs (including the estimated value).

OEM parts and qualified service for Ferdinand Hassler CAT marine engines;C32 MPDE & C9 SSDGs 3.Identification of the single source or the brand name to be solicited.

CAT Authorized dealer and service provider

4.Supporting rationale. Only one source or brand name is reasonably available as detailed below:

(Check all applicable boxes and provide supporting rationale under the selection. Delete choices not selected.)

Brand Name – This particular brand name is essential to the requirement and market research indicates similar products do not meet or cannot be modified to meet agency needs. This brand name is a direct replacement of existing units. In order to assure quality and longevity OEM parts are utilized on the engines and OEM authorized service providers are utilized for installation efforts when Ship’s Force requires help. Procurements ending in non-OEM parts &/or properly trained service providers may result in additional costs to the Government IWO damaged machinery and downtime.

FAR 52.204-17 Ownership or Control of Offeror. (AUG 2020)

(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 by unique location; 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)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "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" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) 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."

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures.

(DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

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

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting

Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

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

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by-

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571- 767-6688 or email at assisthelp@dla.mil.

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

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable.

The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

FAR 52.212-2 Evaluation - Commercial Products and Commercial Services. (NOV 2021)

(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:

ON BEST VALUE TO THE GOVERNMENT:

1. PAST EXPERIENCE/ PERFORMANCE

2. BEST PRICE.

(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are [ ] (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

(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.

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (MAY 2024)

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

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

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

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror.

No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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 (SDVOSB) concern means a small business concern-

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration,…