SP330016Q0217_SYN-SOL.pdf

SP3300-16-Q-0217

SOURCE SELECTION INFORMATION SEE FAR 2.101 AND 3.104

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 – Streamlines Procedures for Evaluation and Solicitation for Commercial Items in conjunction with FAR Part 13 of the Federal Acquisition Regulations (FAR) as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This is a Request for Quote (RFQ) and the RFQ number is SP330016Q0217.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-88 effective 15 June 2016 and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20150630 edition effective 30 June 2016 and Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 and PROCLTR 2016-07. The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil.

This RFQ will be awarded on an unrestricted basis. The North American Industry Classification System (NAICS) code for this requirement is 334118 and the size standard is 1000 employees.

Any award resulting from this RFQ will be issued on a Standard Form (SF) 1449.

SYSTEM FOR AWARD MANAGEMENT – A prospective awardee shall be registered in the System for Award Management (SAM) database prior to award, during performance and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.

The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personal are working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices. Therefore, your assistance is requested in reducing prices and improving our buying processes.

Invoicing and Payment will be by Wide Area Workflow and DFAR clauses 252.232-7003 and 252.232-7006 apply and are provided in this RFQ. Invoicing and Payment will be made via WAWF. Companies must accept WAWF as payment method in order to be considered for award, if not, your quotation will be considered non-responsive and will not be considered for award.

**THIS IS A FIRM FIXED PRICE ORDER, INCORPORATE ALL COSTS INTO UNIT PRICE**

PRICING SHALL BE FOB DESTINATION

PLEASE SEE CLINS 0001 AND 0002 BELOW:

“BRAND NAME” OR “EQUAL TO” POWERCART FLEXCART3000 WITH EXTENDED WORK AREA

OPTION

DLA Distribution Korea (DDDK) is requesting the procurement and delivery of ten (10) each Mobile Battery Power Workstations/Carts in accordance with Attachment 2 Specifications.

CLIN 0001 DDDK – MOBILE BATTERY POWER WORKSTATION/CART (PRICE TO INCLUDE DELIVERY)

10 EACH @ $__________ = TOTAL $__________

DELIVER TO ADDRESS:

SEE SHIPPING INSTRUCTIONS FOR DDDK:

SHIPPING INSTRUCTIONS FOR SB3205 DDDK (CAMP CORROLL, KOREA)

http://farsite.hill.af.mil/ http://www.sam.gov/

(a) SMALL TO MEDIUM PACKAGES:

(1) The preferred method of shipping packages is Priority Mail with return receipt via APO/FPO if the shipment meets U. S. Postal Requirements. General guidelines for FPO addresses are:

(i) Packages may not exceed 70 lbs.

(ii) May not exceed 130 inches in combined length and girth.

(iii) Must be sent via the U. S. Postal System.

(iv) Outside markings must include contract number and statement "CONTENTS FOR OFFICIAL USE -

EXEMPT FROM CUSTOMS REQUIREMENTS".

(v) Include copy of contract on outside of package.

(2) Specific instructions and rates for shipments to APO/FPO addresses can be found at the Post Office website at http://postcalc.usps.gov/. (Shipment to an APO/FPO address is a domestic shipment.)

MAILING ADDRESS:

SB3205

DEF DIST DEPOT CAMP CARROLL KOREA

TAEGU KOREA

APO AP 96260

(b) LARGER SHIPMENTS:

(1) Freight address for shipments over 70 lbs or 130 inches combined length and girth is:

DEFENSE DISTRIBUTION SAN JOAQUIN

CCP WHSE 30, MARK FOR SB3112

25600 SOUTH CHRISMAN ROAD

TRACY CA 95376-5000

(2) Appointments are required for transshipments. The phone number to schedule DDJC CCP deliveries is

(209) 839-4306.

(3) The outside packaging must include the Transportation Control Number (TCN), contract number and a copy of this order.

(4) Material advanced to a DLA transshipment activity for surface movement to an OCONUS activity, especially hazardous material, must be palletized, properly packed, marked and addressed at the point of origin for the ultimate consignee and certified for shipment to final destination. For surface movement, “palletized and packed” equates to skidding and crating to prevent in transit damage inside a seavan that is subject to forces during the loading process and the ocean voyage.

(c) TRUCKLOAD SHIPMENTS:

(1) If a shipment exceeds any of these dimensions: 85" high, 85" wide or 228" long or is likely to fill more than half of a 40 foot Seavan, the shipment may be routed directly to a freight forwarder rather than the Consolidation and Containerization Point. Call the Point of Contact on this order for further information.

(2) Without proper markings shipments and payments will be delayed and may be lost.

(End of Clause)

“BRAND NAME” OR “EQUAL TO” POWERCART FLEXCART3000 WITH EXTENDED WORK AREA

OPTION

DLA Distribution Yokosuka Japan (DDYJ) is requesting the procurement and delivery of ten (11) each Mobile Battery Power Workstations/Carts in accordance with Attachment 1 Specifications.

CLIN 0002 DDYJ – MOBILE BATTERY POWER WORKSTATION/CART (PRICE TO INCLUDE DELIVERY)

11 EACH @ $__________ = TOTAL $__________

DELIVER TO ADDRESS:

SEE SHIPPING INSTRUCTIONS FOR DDYJ:

SHIPPING INSTRUCTIONS FOR SB3113 DDYJ (SASEBO, JAPAN)

(a) SMALL TO MEDIUM PACKAGES:

(1) The preferred method of shipping packages is Priority Mail with return receipt via APO/FPO if the shipment meets U. S. Postal Requirements. General guidelines for FPO addresses are:

(i) Packages may not exceed 70 lbs.

(ii) May not exceed 130 inches in combined length and girth.

(iii) Must be sent via the U. S. Postal System.

(iv) Outside markings must include contract number and statement "CONTENTS FOR OFFICIAL USE -

EXEMPT FROM CUSTOMS REQUIREMENTS".

(v) Include copy of contract on outside of package.

(2) Specific instructions and rates for shipments to APO/FPO addresses can be found at the Post Office website at http://postcalc.usps.gov/. (Shipment to an APO/FPO address is a domestic shipment.)

MAILING ADDRESS:

SB3113

DLA DISTRIBUTION YOKOSUKA JAPAN

PSC 476, BOX 118, BLDG 1651

FPO AP 96322-0118

(b) LARGER SHIPMENTS:

(1) Freight address for shipments over 70 lbs or 130 inches combined length and girth is:

DEFENSE DISTRIBUTION SAN JOAQUIN

CCP WHSE 30, MARK FOR SB3112

25600 SOUTH CHRISMAN ROAD

TRACY CA 95376-5000

(2) Appointments are required for transshipments. The phone number to schedule DDJC CCP deliveries is

(209) 839-4306.

(3) The outside packaging must include the Transportation Control Number (TCN), contract number and a copy of this order.

(4) Material advanced to a DLA transshipment activity for surface movement to an OCONUS activity, especially hazardous material, must be palletized, properly packed, marked and addressed at the point of origin for the ultimate consignee and certified for shipment to final destination. For surface movement, “palletized and packed” equates to skidding and crating to prevent in transit damage inside a seavan that is subject to forces during the loading process and the ocean voyage.

(c) TRUCKLOAD SHIPMENTS:

(1) If a shipment exceeds any of these dimensions: 85" high, 85" wide or 228" long or is likely to fill more than half of a 40 foot Seavan, the shipment may be routed directly to a freight forwarder rather than the Consolidation and Containerization Point. Call the Point of Contact on this order for further information.

(2) Without proper markings shipments and payments will be delayed and may be lost.

(End of Clause)

**CONTRACTOR MAY SUBMIT QUOTE ON OWN FORM AS LONG AS ALL INFORMATION REQUESTED

IN THIS RFQ IS INCLUDED**

NOTE: To receive an award resulting from this RFQ, offerors MUST be registered in the System Management Award (SAM) database IAW FAR 52.212-1(k) and DFARS 204.1104. Registration may be done on line at: www.sam.gov.

FAR 52.212-1 Instructions to Offers-Commercial Items (OCT 2015) Addenda to 52.212-1; the following paragraphs are hereby deleted from this provision: (e) multiple offers and (h) multiple awards.

FAR 52.211-6 -- Brand Name or Equal.

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

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must— Meet the salient physical, functional, or performance characteristic specified in this solicitation; Clearly identify the http://www.ccr.gov/ item by— (i) Brand name, if any; and (ii) Make or model number; Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer;

and Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

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

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

(End of provision)

NOTE: THE CONTRACTOR SHALL SUBMIT DESCRIPTIVE LITERATURE AS DESCRIBED BELOW:

Descriptive Literature:

a. “Descriptive Literature” means information (e.g., cuts, illustrations, drawings, brochures) that is submitted as a part of a proposal. Descriptive Literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as (1) design; (2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction or operation. The term includes only information required to determine the technical acceptability of the offered product. It does not include other information such as that used in determining the responsibility of a prospective contractor or for operating or maintaining equipment.

b. Descriptive Literature, required elsewhere in this solicitation, must be (1) identified to show the item(s) of the offer to which it applies and (2) received by the time specified in this solicitation for receipt of offers.

c. The failure of descriptive literature to show that the product offered conforms to the requirements of this solicitation may result in rejection of the offer.

Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449.

DLAD 52.233-9000 AGENCY PROTESTS (NOV 2011)

(a) Companies protesting this procurement may file a protest

(1) with the Contracting Officer,

(2) with the Government Accountability Office (GAO), or

(3) pursuant to Executive Order Number 12979, with the Agency for a decision by the Activity’s Chief of the Contracting Office.

(b) Protests filed with the agency should clearly state that they are an "Agency Level Protest under Executive Order Number 12979."

(c) Defense Logistics Agency (DLA) procedures for Agency Level Protests filed under Executive Order Number 12979 allow for a higher level decision on the initial protest than would occur with a protest to the Contracting Officer; this process is not an appellate review of a Contracting Officer's decision on a protest previously filed with the Contracting Officer.

Absent a clear indication of the intent to file an agency level protest, protests will be presumed to be protests to the Contracting Officer.

(End of Provision)

DLAD 52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) (NOV 2011)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate.

(c) The offeror should check here to opt out of this clause:

[ ] Alternate wording may be negotiated with the Contracting Officer.

( End of provision )

Contractor shall type company name, address, and CAGE code exactly as it appears in the System for Award Management www.sam.gov.

Company Name: _________________________________ Company Address: _________________________________

POC: _________________________________

PHONE: _________________________________

EMAIL: _________________________________

CAGE Code: _________________________________

DUNS NO.: _________________________________

OFFER SUBMISSION INSTRUCTIONS–Quotes must include the following items. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.

1. Quotations may be submitted in contractor format and shall include:

(1) Company name, address, telephone number, e-mail address, and FAX number

(2) Solicitation number

(3) Unit Price and extended prices for ALL CLINS

(4) Contractor DUNS Number and Commercial and Government Entity (CAGE) Code

(5) Signed acknowledgements of amendments (applicable only if any amendments are issued against this solicitation)

(6) Descriptive literature for submission of products to demonstrate the item meets the minimum salient characteristics found in this notice.

(7) Quotes submitted shall be clearly identified as source selection sensitive and therefore include a statement at the top or bottom of each page as follows: SOURCE SELECTION

INFORMATION SEE FAR 2.101 AND 3.104

Offers may be EMAILED to Kathleen.Toland@dla.mil

ADDRESS: DLA DISTRIBUTION

Acquisition Operations (J7-AB2) Attn: Kathleen Toland 5404 J Avenue, Building 404 New Cumberland, PA 17070-5059

FAX – 717-770-5689

E-MAIL – kathleen.toland@dla.mil

All offers must be received by 25 JULY, 2016 BY 3:00 PM EST to be considered for award. Offers should be emailed to Kathleen Toland, kathleen.toland@dla.mil or Faxed 717-770-5689.

PLEASE NOTE: ALTHOUGH NOT REQUIRED, EMAIL IS THE PERFERRED METHOD FOR SUBMISSION

OF QUOTES.

The following provisions are hereby added in full text:

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this RFQ 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:

Quotes will be evaluated in accordance with FAR 13.106.

Evaluation - Award will be made to the technically acceptable responsible lowest price contractor for ALL CLINS. The following criteria shall be used to establish technical acceptability: Submission of descriptive literature which clearly indicates that the equipment quoted meets all the Salient characteristics as stated in the combined synopsis/solicitation.

Copies of Web Pages are not acceptable for technical evaluation, you must submit technical characteristics. Any contractor who has submitted technically acceptable information will then have its quote evaluated for price. Technical information shall be evaluated for acceptability (only) on a pass/fail basis and will not be rated. Any offeror who has been determined acceptable (pass) on their technical information will then have its quote evaluated for price.

NOTE: Copies of Web Pages are not acceptable for technical evaluation, you must submit technical characteristics.

MARK CONTRACT NUMBER AND ODN NUMBER ON ALL CORRESPONDENCE

Contractor must mark the contract or purchase order number and original document number (ODN) Number on all paperwork and shipments. The order number must appear on the exterior of the shipment. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.

Questions shall be submitted in WRITING via e-mail to:

DLA Distribution 5404 J Avenue, Bldg. 404 Acquisition Operations (J7-AB2), Attn: Kathleen Toland New Cumberland, PA 17070-5059 E-mail: kathleen.toland@dla.mil mailto:Kathleen.Toland@dla.mil mailto:kathleen.toland@dla.mil mailto:kathleen.toland@dla.mil

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEM (MAY 2015)

Addenda to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAY 2015) Additional applicable clauses incorporated by reference:

FAR 52.204-07 Alternate I System for award Management (JUL 2013)

FAR 52.232-25 PROMPT PAYMENT (JUL 2013)

FAR 52.242-13 BANKRUPTCY (JUL 1995)

FAR 52.245-1 GOVERNMENT PROPERTY (APR 2012)

FAR 52.247-34 – F.O.B. – DESTINATION (NOV 1991)

DFARS 252.203-7996, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-- Representation (DEVIATION 2016-O0003)(OCT 2015)

DFARS 252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)

DFARS 252.204-7008 – Compliance with Safeguarding Covered Defense Information Controls (DEVIATION 2016-

O0001(DEC2015)

DFARS 252.209-7991, Representation by Corporations Regarding Any Unpaid Delinquent Tax Liability or A Felony Conviction under any Federal Law--Fiscal Year 2016 Appropriations

252.211.7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

FAR 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil http://www.arnet.gov/far

**** NOTE: PAYMENT INFORMATION**** - THIS ORDER WILL BE PAID THROUGH WIDE AREA

WORKFLOW

DFARS 252.232-7003 - ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUN 2012)

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) “Receiving report” means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(End of clause)

DFARS 252.232-7006 - WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow

(WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

____INVOICE_______________________________________________

(Contracting Officer: Insert applicable document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

__NA________________________________________________________

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF: NA Pay Official DoDAAC: SL4701 Issue By DoDAAC: SP3300 Admin DoDAAC: SP3300 Inspect By DoDAAC: NA Ship To Code: NA Ship From Code: NA Mark For Code: NA

Service Approver (DoDAAC): NA Service Acceptor (DoDAAC): SP3300 Accept at Other DoDAAC: NA LPO DoDAAC: NA DCAA Auditor DoDAAC: NA Other DoDAAC(s): NA (*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

_courtney.plank@dla.mil______________________________________

_kathleen.toland@dla.mil _____________________________________

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

__WAWF HELP DESK__

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

DLAD 52.247-9012 - REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007)

(a) THIS ONLY APPLIES WHEN WOOD PACKAGING MATERIAL (WPM) WILL BE USED TO MAKE SHIPMENTS

UNDER THIS CONTRACT. AND/OR WHEN WPM IS BEING ACQUIRED UNDER THIS CONTRACT.”

(b) Definition.

Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).

(c) All Wood Packaging Material(WPM) used to make shipments under DOD contracts and/or acquired by DOD must meet requirements of International Standards for Phytosanitary Measures (ISPM) 15, “Guidelines for Regulating Wood Packaging Materials in International Trade.” DOD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo.

(1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) Wood Packaging Material Program and WPM Enforcement Regulations (see http://www.alsc.org/).

(2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Markings shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ASLC approved DUNNAGE stamp.

(d) Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government."

(End of Clause) mailto:_kathleen.toland@dla.mil

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items

(MAR 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L.

111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

_X__ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.

2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) _X___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

DFARS 252.244-7000, Subcontracts for Commercial Items (JUN 2013)

In addition to the clauses listed in paragraph (e) of FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252244.htm

CLAUSES INCORPORATED BY REFERENCE:

FAR 52.203-3, Gratuities (APR 1984)

52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.247-34 -- F.o.b. – Destination (Nov 1991)

DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (NOV 2011)

DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information (NOV 2013)

DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors (FEB 2014)

DFARS 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country

DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013)

DFARS 252.225-7036, Buy American --Free Trade Agreements--Balance of Payment Program (DEC 2012)

DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (JUN 2013)

DFARS 252.227-7015, Technical Data – Commercial Items (JUN 2013)

DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013)

DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (JUN 2012)

DFARS 252.232-7010, Levies on Contract Payments (DEC 2006)

DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013)

DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013)

DFARS 252.244-7000, Subcontracts for Commercial Items (JUN 2013)

DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUN 2013)

DFARS 252.247-7023, Transportation of Supplies by Sea (JUN 2013)

DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000)

(End of Clause)

FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (APR 2016)

Offeror Representations and Certifications -- Commercial Items (Apr 2016)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252209.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252223.htm#252.223-7008 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252244.htm http://www.acquisition.gov/

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

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

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

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