RFQ_-_FBO.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 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 CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

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 Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATE . 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. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) 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 ACCEPTED, 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 REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 35 ST-1330-15-RQ-0332

0001 To renew support on Gigamon Gigavue network switches used in the N-CIRT packet processing activities. Refer to PART 2 of Request For Quote for details.

PR NUMBER: NAAJ1400-15-00326

DELIVERY DATE: 09/29/2015

SHIP TO:

NOAA/OCIO/IT SECURITY OFFICE

1315 EAST WEST HWY

SSMC3, RM 9618

SILVER SPRING MD 20910

FOB : Destination Period of Performance: 09/29/2015 to 09/28/2016

1.00 LS

OPT

0002 Option Year 1

To renew support on Gigamon Gigavue network switches used in the N-CIRT packet processing activities. Refer to PART 2 of Request For Quote for details.

DELIVERY DATE: 09/29/2016

SHIP TO:

NOAA/OCIO/IT SECURITY OFFICE

1315 EAST WEST HWY

SSMC3, RM 9618

SILVER SPRING MD 20910

FOB : Destination Period of Performance: 09/29/2016 to 09/28/2017

1.00 LS

OPT

0003 Option Year 2

To renew support on Gigamon Gigavue network switches used in the N-CIRT packet processing activities. Refer to PART 2 of Request For Quote for details.

DELIVERY DATE: 09/29/2017

SHIP TO:

NOAA/OCIO/IT SECURITY OFFICE

1315 EAST WEST HWY

SSMC3, RM 9618

SILVER SPRING MD 20910

FOB : Destination Period of Performance: 09/29/2017 to 09/28/2018

1.00 LS

Table of Contents

PAGE 4 OF 35 ST-1330-15-RQ-0332

SECTION

. 1 Request for Quotation

PAGE 5 OF 35 ST-1330-15-RQ-0332

SECTION

. 1 Request for Quotation

PART 1 – Supplies or Services and Prices/Costs

Description of Supplies or Services

Purchase for the renewal of support on Gigamon Gigavue network switches used in the N-CIRT packet processing activities. N-CIRT relies on the information obtained through these switches to respond to incidents and maintenance is needed to address any problems that may arise.

PART 2 – Deliverables/Pricing Table

CLIN 0001: Gigamon Support Renewal: Standard Level Support Period of Performance: 9/29/2015 – 9/28/2016

Optional CLIN 0002: Option Year 1: Gigamon Support Renewal: Standard Level Support Period of Performance: 9/29/2016 – 9/28/2017

Manufacturer Description Quantity Unit Price

Total

Gigamon 12 months standard level support maintenance on Part GVS-432: serial numbers 20506, 21116, 21115, 21118

4 $ $

Gigamon 12 months standard level support maintenance on PRT-438: serial number 1190-0785

1 $ $

Gigamon 12 months standard level support maintenance on Part GigaVUE 2404

1 $ $

Gigamon 12 months standard level support maintenance on Part 10 GIGAPORT 8x – 8x10G

1 $ $

Gigamon 12 months standard level support maintenance on Part 10 GIG SFP+, MULTIMODE

16 $ $

Manufacturer Description Quantity Unit Price

Total

Gigamon 12 months standard level support maintenance on Part GVS-432: serial numbers 20506, 21116, 21115, 21118

4 $ $

Gigamon 12 months standard level support maintenance on PRT-438: serial number 1190-0785

1 $ $

Gigamon 12 months standard level support maintenance on Part GigaVUE 2404

1 $ $

Gigamon 12 months standard level support maintenance on Part 10 GIGAPORT 8x – 8x10G

1 $ $

Gigamon 12 months standard level support maintenance on Part 10 GIG SFP+, MULTIMODE

16 $ $

PAGE 6 OF 35 ST-1330-15-RQ-0332

Optional CLIN 0003: Option Year 1: Gigamon Support Renewal: Standard Level Support Period of Performance: 9/29/2017 – 9/28/2018

PART 3 – Packing, Marking and Shipping

This part is not applicable.

PART 4 – Inspection and Acceptance

The procedures outlined in 52.212-4(a) will be adhered to for inspection and acceptance.

PART 5 – Deliveries or Performance

a. Performance

Satisfactory performance of this order shall be deemed to occur upon completion of the services described in PART 2 of this order.

b. Performance Location(s):

The services indicated in PART 2 shall be completed at the following location:

1315 East West Highway Silver Spring, MD 20910

Unless otherwise specified, services shall be completed at the location specified above, Monday through Friday (excluding Government Holidays, see PART 7) between the hours of 8:30 a.m.

and 5:30 p.m. local time only. Supplies or services scheduled for delivery on a Federal holiday shall be made the next business day.

Manufacturer Description Quantity Unit

Total

Gigamon 12 months standard level support maintenance on Part GVS-432: serial numbers 20506, 21116, 21115, 21118

4 $ $

Gigamon 12 months standard level support maintenance on PRT-438: serial number 1190-0785

1 $ $

Gigamon 12 months standard level support maintenance on Part GigaVUE 2404

1 $ $

Gigamon 12 months standard level support maintenance on Part 10 GIGAPORT 8x – 8x10G

1 $ $

Gigamon 12 months standard level support maintenance on Part 10 GIG SFP+, MULTIMODE

16 $ $

PAGE 7 OF 35 ST-1330-15-RQ-0332

c. Period of Performance

Base Year: 9/29/2015 – 9/28/2016 Option Year 1: 9/29/2016 – 9/28/2017 Option Year 2: 9/29/2017 – 9/28/2018

PART 6 – Contract Administration Data

a. The following personnel will represent the Government for the purpose of this purchase order:

Government POC

TBD – The POC will be identified at award.

Contracting Officer

Tania Gates 1325 East West Highway, #11132 Silver Spring, MD 20910 Tania.Gates@noaa.gov Tel: (301) 628-0024

b. Invoice Submission

THE CONTRACTOR SHALL SUBMIT AN ORIGINAL INVOICE TO THE GOVERNMENT

POC IDENTIFIED IN PART 6 (A).

TO AVOID DELAY IN PROCESSING OF PAYMENTS, PLEASE SUBMIT ALL INVOICES

DIRECTLY TO THE GOVERNMENT POC. THE POC WILL CERTIFY AND FORWARD

THE INVOICES TO FINANCE OFFICE TOGETHER WITH A RECEIVING REPORT FOR

PAYMENT.

ANY INVOICE THAT DOES NOT INCLUDE THE REQUIRED INFORMATION LISTED

BELOW WILL BE SENT BACK TO THE CONTRACTOR FOR REVISION.

AN INVOICE SHALL INCLUDE THE FOLLOWING INFORMATION IN ORDER TO BE

CONSIDERED A PROPER INVOICE:

• NAME AND ADDRESS OF THE CONTRACTOR;

• INVOICE DATE AND NUMBER;

• CONTRACT NUMBER, CONTRACT LINE ITEM NUMBER AND, IF APPLICABLE,

THE ORDER NUMBER;

• DESCRIPTION, QUANTITY, UNIT OF MEASURE, UNIT PRICE AND EXTENDED

PRICE OF THE ITEMS DELIVERED;

PAGE 8 OF 35 ST-1330-15-RQ-0332

• SHIPPING NUMBER AND DATE OF SHIPMENT, INCLUDING THE BILL OF

LADING NUMBER AND WEIGHT OF SHIPMENT IF SHIPPED ON

GOVERNMENT BILL OF LADING;

• TERMS OF ANY DISCOUNT FOR PROMPT PAYMENT OFFERED;

• NAME AND ADDRESS OF OFFICIAL TO WHOM PAYMENT IS TO BE SENT;

• NAME, TITLE, AND PHONE NUMBER OF PERSON TO NOTIFY IN EVENT OF

DEFECTIVE INVOICE;

• TAXPAYER IDENTIFICATION NUMBER (TIN).

• ELECTRONIC FUNDS TRANSFER (EFT) BANKING INFORMATION.

EFT INFORMATION SHALL MATCH THE CONTRACTOR’S REGISTRATION IN THE

SYSTEM FOR AWARD MANAGEMENT (SAM).

PART 7 – Special Contract Requirements

a. Government Holidays

Workplace is not available on the Government Holidays stated below, or as prescribed by an Executive Order (EO) or OPM.gov due to inclement weather.

January (New Year’s Day) January (Martin Luther King Day) February (President’s Day) May (Memorial Day) July (Independence Day) September (Labor Day) October (Columbus Day) November (Veterans Day) November (Thanksgiving) December (Christmas Day)

b. NIST SP 800-53

The contractor shall ensure that all data associated with this delivery order is protected from unauthorized access, modification and misuse in accordance with NIST SP 800-53 guidance.

The following website provides a copy of this guidance.

http://csrc.nist.gov/publications/PubsSPs.html#800-53.

c. IT Security

The contractor shall ensure that media sanitization has taken place prior to disposal of any media.

The date and nature of such sanitization procedures should be recorded as required by MP-5 Media Sanitization of the Department of Commerce (DOC) Information Technology Security Policy and Procedures (ITSPP).

PAGE 9 OF 35 ST-1330-15-RQ-0332

Per FAR 39.101(d), the contractor shall comply with the regulations involving NIST common security configuration checklists including Federal Desktop Core Configuration (FDCC) or United States Government Configuration Baseline (USGCB) initiative. The list of common security configurations can be found at http://checklists.nist.gov.

SPECIAL REQUIREMENTS: Supply Chain Risk Management (SCRM)

a. Notice of Supply Chain Risk Assessment (Interm) (Mar 2014)

Supply Chain Risk Management (SCRM) restrictions require the Department of Commerce, among others to assess any associated risk of cyber espionage or sabotage associated with the acquisition of an information technology system including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber-threat, including, but not limited to, those that may be owned, directed, or subsidized by the People's Republic of China. Offerors and awardees are required to provide any information to the Department it deems necessary to facilitate its compliance with the SCRM assessment including, but not limited to, the data requested by the Supply Chain Risk Assessment Information (Mar 2014) questionnaire included in this solicitation. By submission of its proposal, the offeror acknowledges the Department retains the right to reject any offer without recourse or explanation if the Department determines the offeror or the equipment or software offered by the offeror or awardee presents an unacceptable risk to national security.

(end)

b. Non Destructive and Destructive Testing (Mar 2014)

The Department of Commerce may engage in non-destructive and/or destructive testing of any IT or software that it determines could negatively affect the security or performance of a Department of Commerce IT system.

(end)

c. Supply Chain Risk Assessment Information (Mar 2014)

To allow the Department of Commerce to conduct a risk assessment, the offeror shall submit the following information with its proposal:

(1) Its identity, including that of each parent and/or subsidiary corporate entities.

(2) Any proposed subcontractors involved in its supply chain.

(3) The degree of any foreign ownership in or control of the entities identified under 1 or 2.

(4) The names and dates of birth of the offeror's/contractors corporate officers.

(5) Whether the offeror/contractor maintains a:

(a) Formal security program that includes personnel security;

PAGE 10 OF 35 ST-1330-15-RQ-0332

(b) Information security program;

(c) Physical security program;

(d) Cyber security program; and

(e) Supply chain risk management program.

(6) The name and locations of each facility where any IT hardware or software to be delivered under the contract or task order was designed, manufactured, packaged and stored prior to distribution.

(7) Whether a separation of duties exists during the development process of any IT hardware or software to be delivered under the contract or task order.

(8) The means and method for delivering any IT hardware or software to be delivered under the contract or task order, including the name(s) of any entity responsible for transport or storage.

This information should address whether IT hardware of software will be direct-shipped to the Department.

(9) Who will provide any follow-on service required by the contract or task order.

(10) The identity of the entity that will provide disposal services of any IT hardware or software required by the contract or task order.

The Government may require additional information if necessary.

By submission of its offer and or acceptance of this contract, the offeror represents this information is accurate and complete. Offerors and awardees shall have a continuing obligation to amend any information that changes either during the source selection period or during the contract or task order performance period.

(end)

d. Evaluation of Supply Chain Risk Assessment Information (Mar 2014)

The Department will evaluate the information provided to assess the national security risk associated with the offeror's proposal.

(end)

e. Novation Agreement for Acquiring Certain Information Technology (Mar 2014)

(1) "Novation agreement” means a legal instrument-(a) Executed by the--(i) Contractor (transferor): (ii) Successor in interest (transferee): and iii) Government; and (b) By which among other things, the transferor guarantees performance of the contract the transferee assumes all obligations under the contract, and the Government recognizes the transfer of the contract and related assets. (FAR 2.101 Definitions).

(2) The Department may in its interest recognize a successor in interest. The offerer and or subsequent awardee(s) agree as a condition of this contract, that any novation considered and

PAGE 11 OF 35 ST-1330-15-RQ-0332

recognized by the Department shall be subject to SCRM restrictions and applicable clauses, including “Notice of Supply Chain Risk Assessment (Interim) (Mar 2014)", "Non Destructive and Destructive Testing (Mar 2014)," "Supply Chain Risk Assessment Information (Mar 2014)" and "Evaluation of Supply Chain Risk Assessment Information (Mar 2014)."

(end)

PART 8 – Clauses

Commercial Acquisition Regulation (CAR) Clauses

Clause Description Date 1352.201-70 Contracting Officer’s Authority 1352.209-73 Compliance with the laws April 2010 1352.209-74 Organizational conflict of interest April 2010 1352.237-70 Security processing requirements – High or Moderate Risk

Contracts April 2010

1352.239-70 Software License Addendum April 2010 1352.239-72 Security Requirements for Information Technology Resources April 2010

Federal Acquisition Regulation (FAR) Clauses

Clause Description Date 52.202-1 Definitions Nov 2013 52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights Apr 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

May 2011

52.204-13 System for Award Management Maintenance (SAM) Jul 2013 52.204-18 Commercial and Government Entity Code Maintenance Jul 2015 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters Jul 2013

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Dec 2014 52.212-4 Contract Terms and Conditions – Commercial Items May 2015 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act Dec 2010

52.232-40 Providing Accelerated Payment to Small Business Subcontractors Dec 2013

FAR Clauses in Full Text

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (Feb 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report

PAGE 12 OF 35 ST-1330-15-RQ-0332

fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (May 2015)

(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 (Dec 2014)

(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:

___ (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 (Apr 2010) (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).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

PAGE 13 OF 35 ST-1330-15-RQ-0332

___ (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).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (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 2011) (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] X (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 2014) (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 2014) 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 Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (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).

PAGE 14 OF 35 ST-1330-15-RQ-0332

X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (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 (Jul 2014) (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 (Aug 2013). (Executive Order 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 (Jun 2014) 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 (Jun 2014) (E.O.s 13423 and 13514).

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

___ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (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 (Nov 2013) (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).

PAGE 15 OF 35 ST-1330-15-RQ-0332

___ (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).

X (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:

___ (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 2014) (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.

PAGE 16 OF 35 ST-1330-15-RQ-0332

(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 (Apr 2010) (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 $650,000 ($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 (Jul 2014) (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 (Jul 2014) (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) ____ (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)

PAGE 17 OF 35 ST-1330-15-RQ-0332

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (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.

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months.

CAR Clauses in Full Text

1352.270-70 Period of performance (April 2010)

(a) The base period of performance of this contract is from 9/29/2015 through 9/28/2016. If an option is exercised, the period of performance shall be extended through the end of that option period.

(b) The option periods that may be exercised are as follows:

Period Start date End date Option I 9/29/2016 9/28/2017

PAGE 18 OF 35 ST-1330-15-RQ-0332

Option II 9/29/2017 9/28/2018

(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217–9.

Part 9 – Solicitation Provisions

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm or http://farsite.hill.af.mil/vfcara.htm.

FAR Provisions

Provision Description Date 52.204-7 System for Award Management (SAM) Jul 2013 52.209-7 Information Regarding Responsibility Matters Jul 2013 52.212-1 Instructions to Offerors – Commercial Items April 2014 52.217-5 Evaluation of Options July 1990

FAR Provisions in Full Text

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-02) (Feb 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign

PAGE 19 OF 35 ST-1330-15-RQ-0332

internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

CAR Provisions in Full Text

1352.233-70 Agency protests (April 2010)

(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

Tania Gates 1325 East West Highway, #11132 Silver Spring, MD 20910 301-628-0024

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

National Oceanic and Atmospheric Administration Acquisition and Grants Office 1305 East West Highway, Suite 6300 Silver Spring, MD 20910 Phone Number: (301) 713-0325

FAX: (301) 713-1974

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division, Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, NW.

Washington, DC 20230

FAX: (202) 482–5858

1352.233-71 GAO and Court of Federal Claims Protests (April 2010)

PAGE 20 OF 35 ST-1330-15-RQ-0332

a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division, Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, NW.

Washington, DC 20230

FAX: (202) 482–5858

PART 10 – Quote Submittal Instructions

The following instructions are provided as an addendum to FAR 52.212-1 Instructions to Offerors – Commercial Items.

Quote Preparation Instructions:

The quote shall include a point of contact for the offeror (name, telephone number and email address), delivery date and business size.

The offeror shall submit the following information with their quote:

1. A complete pricing matrix for a firm fixed price as indicated in PART 2.

2. Signed Attachment 1.

3. The information described in Attachment 2.

4. Completed Attachment 3, unless vendor has completed their information in the System for Award Management.

If any of the information presented above is not included with the offeror’s quote, the offeror will be considered non-responsive.

Response Dates:

Questions deadline: All questions shall be submitted via email to Tania.Gates@noaa.gov before 12:00 PM eastern time on July 15, 2015.

RFQ Due Date: All quotes and revisions shall be submitted via email to Tania.Gates@noaa.gov before 12:00 PM eastern time on July 17, 2015.

PAGE 21 OF 35 ST-1330-15-RQ-0332

PART 11 – Evaluation

The following factors will be used to evaluate quotations:

Technical Price

Technical Evaluation

In order to be deemed technically acceptable, all parts identified in PART 2 shall be included in quote.

Award will be made to the lowest price technically acceptable (LPTA) offeror.

PAGE 22 OF 35 ST-1330-15-RQ-0332

Attachment 1

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that -

(a) Was convicted of a felony criminal violation under any Federal Law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or

(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) The Offeror represents that, as of the date of this offer –

(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of Provision)

Signature Date

PAGE 23 OF 35 ST-1330-15-RQ-0332

Attachment 2

To allow the Department of Commerce to conduct a risk assessment, the offeror shall submit the following information with its proposal/quote:

(1) Its identity, including that of each parent and/or subsidiary corporate entities.

(2) Any proposed subcontractors involved in its supply chain.

(3) The degree of any foreign ownership in or control of the entities identified under 1 or 2.

(4) The names and dates of birth of the offeror's/contractors corporate officers.

(5) Whether the offeror/contractor maintains a:

(a) Formal security program that includes personnel security;

(b) Information security program;

(c) Physical security program;

(d) Cyber security program; and

(e) Supply chain risk management program.

(6) The name and locations of each facility where any IT hardware or software to be delivered under the contract or task order was designed, manufactured, packaged and stored prior to distribution.

(7) Whether a separation of duties exists during the development process of any IT hardware or software to be delivered under the contract or task order.

(8) The means and method for delivering any IT hardware or software to be delivered under the contract or task order, including the name(s) of any entity responsible for transport or storage.

This information should address whether IT hardware of software will be direct-shipped to the Department.

(9) Who will provide any follow-on service required by the contract or task order.

(10) The identity of the entity that will provide disposal services of any IT hardware or software required by the contract or task order.

PAGE 24 OF 35 ST-1330-15-RQ-0332

52.212-3 Offeror Representations and Certifications (Mar 2015)

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 (p) of this provision.

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

PAGE 25 OF 35 ST-1330-15-RQ-0332

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned 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…