Harare_Vehicle_Solicitation.doc
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- Attached to
- Purchase of right hand motor vehicles
- Solicitation number
- SZI150-15-Q-0003
- Issued by
-
Department of State US Embassy Harare
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Harare Vehicle Solicitation Document
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United States Embassy Harare, Zimbabwe
Date: 21 July 2015 To:
Prospective Quoters Subject: Request for Quotations number SZI15015Q0003 Enclosed is a Request for Quotations (RFQ) for purchase of vehicles. If you would like to submit a quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter.
The U.S. Government intends to award a contract to the responsible company submitting an acceptable quotation at the lowest price. We intend to award a contract/purchase order based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.
The successful offeror(s) will be required to have a DUNS number and be registered in SAM/CCR through the following sites: DUNS – www.dnb.com and SAM/CCR www.sam.gov .
Quotations are due by 19 August 2015 before 1700hrs.
Sincerely, Park Wollam
Contracting Officer
TABLE OF CONTENTS
Section 1 - The Schedule
· SF 1449 cover sheet
· Continuation To SF-1449, RFQ Number SZI15015Q0003, Prices, Block 23
· Continuation To SF-1449, RFQ Number SZI15015Q0003, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement
Section 2 - Contract Clauses
· Contract Clauses
· Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12
Section 3
· Solicitation Provisions
· Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12
Section 4 - Evaluation Factors
· Evaluation Factors
· Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12
Section 5 - Offeror Representations and Certifications
· Offeror Representations and Certifications
· Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
4480218
PAGE 1 OF
2. CONTRACT NO.
3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
5. SOLICITATION NUMBER
SZI15015Q0003
6. SOLICITATION ISSUE DATE
July 21 , 2015
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Park Wollam
b. TELEPHONE NUMBER (No collect calls)
+263 4 250-593 ext. 4356
8. OFFER DUE DATE/LOCAL
19 August 2015/17:00 hrs.
9. ISSUED BY CODE
| 10. THIS ACQUISITION IS |
| FORMCHECKBOX |
UNRESTRICTED OR
FORMCHECKBOX
SET ASIDE:____ % FOR:
FORMCHECKBOX
SMALL BUSINESS
FORMCHECKBOX
WOMEN-OWNED SMALL BUSINESS
US Embassy Harare, Attn: GSO/PROCUREMNT
172 Herbert Chitepo Avenue
Harare, Zimbabwe
FORMCHECKBOX
HUBZONE SMALL
BUSINESS
FORMCHECKBOX
(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM NAICS:
FORMCHECKBOX
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
FORMCHECKBOX
EDWOSB
FORMCHECKBOX
8 (A)
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINAT-
TION UNLESS BLOCK IS
MARKED
FORMCHECKBOX
SEE SCHEDULE
12. DISCOUNT TERMS
None
FORMCHECKBOX
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING None
14. METHOD OF SOLICITATION
FORMCHECKBOX
RFQ FORMCHECKBOX
IFB FORMCHECKBOX
RFP
| 15. DELIVER TO |
| CODE |
| 16. ADMINISTERED BY |
| CODE |
US Embassy Harare (Attn: GSO) 172 Herbert Chitepo Ave.
See block 9
17a. CONTRACTOR/
OFFERER
TELEPHONE NO.
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY US Embassy Harare (Attn: FMO) 172 Herbert Chitepo Avenue
CODE
FORMCHECKBOX
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
FORMCHECKBOX
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)
FORMCHECKBOX
27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
FORMCHECKBOX
ARE FORMCHECKBOX
ARE NOT ATTACHED
FORMCHECKBOX
27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
FORMCHECKBOX
ARE FORMCHECKBOX
ARE NOT ATTACHED
FORMCHECKBOX
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ___1_ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
FORMCHECKBOX
29. AWARD OF CONTRACT: REF. _________________ OFFER DATED ____________. 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 |
| 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) |
30b. NAME AND TITLE OF SIGNER (Type or print)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (Type or print) Park Wollam 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
STANDARD FORM 1449 (REV. 02/2012)
PREVIOUS EDITION IS NOT USABLE
Computer Generated
Prescribed by GSA - FAR (48 CFR) 53.212
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
FORMCHECKBOX
RECEIVED
FORMCHECKBOX
INSPECTED
FORMCHECKBOX
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
| 32c. DATE |
| 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT |
REPRESENTATIVE
| 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE |
| 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE |
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
| 33. SHIP NUMBER |
| 34. VOUCHER NUMBER |
| 35. AMOUNT VERIFIED |
CORRECT FOR
| 36. PAYMENT |
| 37. CHECK NUMBER |
FORMCHECKBOX
| PARTIAL |
| FORMCHECKBOX |
FINAL
FORMCHECKBOX
COMPLETE
FORMCHECKBOX
PARTIAL
FORMCHECKBOX
FINAL
38. S/R ACCOUNT NO.
| 39. S/R VOUCHER NO. |
| 40. PAID BY |
| 41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT |
| 42a. RECEIVED BY (Print) |
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41C. DATE
42b. RECEIVED AT (Location)
| 42c. DATE REC’D (YY/MM/DD) |
| 42d. TOTAL CONTAINERS |
SECTION 1 - THE SCHEDULE
CONTINUATION TO SF-1449
RFQ NUMBER - SZI15015Q0003
PRICES BLOCK 23
I.
Scope of Supplies The Contractor shall furnish and deliver right hand motor vehicles to General Services Officer of the U.S. Embassy in Harare, Zimbabwe, located at 172 Herbert Chitepo Avenue, Harare, Zimbabwe, in accordance with the specifications and terms and conditions set forth herein.
The contractor shall deliver vehicles that are built and homologated for export to Zimbabwe.
Warranty shall be honored through a dealer located in Harare, Zimbabwe, with original equipment manufacturer parts for the vehicles available locally.
The quantity of vehicles may vary based on offered pricing and available funding.
Offerors may submit an offer for all or some of the items.
Multiple awards are anticipated.
This is a firm-fixed price type of contract. The prices listed below shall include all labor, materials, overhead, profit, and transportation necessary to deliver the required items to the U. S. Embassy Harare, Zimbabwe. All prices are in US Dollars.
Advance payments are not authorized.
Successful offerors shall be registered with the SAM (accessed through www.sam.gov) prior to contract award.
See below additional detailed specifications;
PR#4480218 – SUV, 10 Passenger
This solicitation is issued for eight (8) new heavy duty 10 passenger SUVs with demonstrated reputation for simplicity and durability for use by the US Embassy Harare, Zimbabwe.
Vehicle Specifications
Right Hand Drive SUV
Heavy robust off road capability
Durable, high clearance, 4 wheel drive - suitable for frequent use on rough terrain
Easily serviced throughout Zimbabwe
Parts readily available throughout Zimbabwe
Six cylinder diesel engine
Manual transmission
Raised air intake
Heavy duty suspension
Heavy duty cooling system
Extended range fuel tanks
Anti-lock brakes
Front airbags
Power windows and power locks
Ten passenger seating capacity with seatbelts
White hard top with roof rack Additional spare Color: white
African general specification only accepted
PR#4480218 – Van, 14 Passenger This solicitation is issued for six (6) new long wheel-base 14 passenger minibuses for use by the United States Embassy in Harare, Zimbabwe
Vehicle Specifications
Right Hand Drive minibus
Adequate legroom/headroom for adults (greater than 27 centimeters/150 centimeters respectively) Easily serviced throughout Zimbabwe
Parts readily available throughout Zimbabwe
Diesel engine
Manual transmission
Long wheel base
Fourteen passenger seating capacity (including driver) with seatbelts
Front airbags
Color: White
Anti-lock brakes
PR#4480218 – Van, cargo x 4 (of same type as passenger van) This solicitation is issued for four (4) new long wheel base cargo vans for use by the United States Embassy in Harare, Zimbabwe
Vehicle Specifications
Right Hand Drive cargo van
Easily serviced throughout Zimbabwe
Parts readily available throughout Zimbabwe
Diesel engine
Manual transmission
Long wheel base
Seating (including driver) with seatbelts
Front airbags
Color: white
Electronic fuel injection
Anti-lock brakes
PR#4480218 – Sedan, small This solicitation is issued for three (3) new sedans for use by the United States Embassy in Harare, Zimbabwe
Vehicle Specifications
Right Hand Drive small four door sedan
Easily serviced throughout Zimbabwe
Parts readily available throughout Zimbabwe
Five passenger seating capacity (including driver) with seatbelts
Front airbags
Color: White
Anti-lock brakes
PR#4480218 – Mid size SUV
This solicitation is issued for four (4) new Mid-size 7 passenger SUVs with demonstrated reputation for simplicity and durability for use by the US Embassy Harare, Zimbabwe.
Vehicle Specifications
Right Hand Drive SUV
Durable, high clearance, 4 wheel drive - suitable for frequent use on rough terrain
Easily serviced throughout Zimbabwe
Parts readily available throughout Zimbabwe
Four cylinder turbo diesel engine
Manual transmission
Heavy duty suspension
Heavy duty cooling system
Extended range fuel tanks
Raised air intake
Anti-lock brakes
Front airbags
Power windows and power locks
Seven passenger seating capacity with seatbelts
Color: white
Hard top with roof rack
PR#4480218 – Double cab, Pickup Truck This solicitation is issued for two (2) new Double cab, pickup trucks with demonstrated reputation for simplicity and durability for use by the US Embassy Harare, Zimbabwe.
Vehicle Specifications
Right Hand Drive truck
Durable Easily serviced throughout Zimbabwe
Parts readily available throughout Zimbabwe
Diesel engine
Manual transmission
Heavy duty suspension
Anti-lock brakes
Front airbags
Power windows and power locks
VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices.
PRICES:
| Item |
| Description |
| Unit |
| Unit Price |
| Est. Quantity |
| Total Price |
| 01 |
| SUV, 10 Passenger |
| Ea |
| 02 |
| Van, 14 passenger |
| Ea |
| 03 |
| Van, cargo |
| Ea |
| 04 |
| Sedan, small |
| Ea |
| 05 |
| SUV- Midsize |
| Ea |
| 06 |
| Double cab, Pickup Truck |
| Ea |
| Grand Total |
| 27 |
CONTINUATION TO SF-1449, RFQ NUMBER SZI15015Q0003
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
Delivery Location and Time
The Contractor shall deliver all ordered items to the U.S. Embassy Harare Zimbabwe. The address is:
172 Herbert Chitepo Avenue
The Contractor shall deliver all items not later than 90 days after date of contract award.
Any Contractor personnel involved with the delivery of the items shall comply with standard U.S. Embassy regulations for receiving supplies. The Contracting Officer's Representative (COR) will be responsible for instructing contractor personnel at the time deliveries are made. Prior notice of at least 7 days Delivery shall be made between the hours of 8.00am to 16.30pm during normal working days (see 652.237-72).
SECTION 2 - CONTRACT CLAUSES
FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (DEC 2012), is incorporated by reference.
FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (MAY 2014), is incorporated by reference. (See SF-1449, block 27a).
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (OCT 2014)
(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(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 and 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.]
X_ (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 (June 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 (Jul 2013) (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).
__ (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).
X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
__ (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 Set-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. 657 f).
__ (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)).
__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
__ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).
__ (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).
__ (33) 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.)
__ (34)(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.)
__ (35)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O. 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-13.
__ (36)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
__ (38)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O. 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
X_ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
__ (40) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
__ (41)(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.
__ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (43) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (44) 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).
__ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
X_ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X_ (49) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (50) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
X_ (53)(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) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 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).
__ (4) 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).
__ (5) 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).
__ (6) 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).
__ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).
__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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 (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 (l) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)
(viii) 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.
(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(xi) 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).
(xii) 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).
(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xiv) 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).
(xv) 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.
(xvi) 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)
ADDENDUM TO CONTRACT CLAUSES
FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12
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:
http://acquisition.gov/far/index.html or http://farsite.hill.af.mil/vffara.htm.
These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.
The following Federal Acquisition Regulation clauses are incorporated by reference:
CLAUSE
TITLE AND DATE
52.204-12 data universal numbering system number maintenance (dec 2012)
52.204-13 system for award management maintenance
(jul 2013)
52.225-14 Inconsistency Between English Version and
Translation of Contract (FEB 2000)
52.229-6 foreign fixed price contracts (feb 2013)
52.232-39 unenforceability of unauthorized obligations
(june 2013)
52.232-40
PROVIDING ACCLERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (DEC 2013)
52.232-34 Payment by Electronic Funds Transfer -- Other than
Central Contractor Registration (jul 2013)
The following DOSAR clauses are provided in full text:
CONTRACTOR IDENTIFICATION (JULY 2008)
Contract performance may require Contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.
Contractor personnel must take the following actions to identify themselves as non-federal employees:
(1) Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME Corporation Support Contractor”);
(2) Clearly identify themselves and their contractor affiliation in meetings;
(3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever Contractor personnel are included in those listings; and
(4) Contractor personnel may not utilize Department of State logos or indicia on business cards.
(End of clause)
652.232-70
PAYMENT SCHEDULE AND INVOICE SUBMISSION
(FIXED-PRICE) (AUG 1999)
(a) General. The Government shall pay the Contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract.
(b) Invoice Submission. The Contractor shall submit invoices in an original and 2 copies to the office identified in Block 18b of the SF-1449. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).
The Contractor shall show Value Added Tax (VAT) as a separate item on invoices submitted for payment.
(c) Contractor Remittance Address. The Government will make payment to the Contractor’s address stated on the cover page of this contract, unless a separate remittance address is shown below:
652.237-72
OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE
LEAVE (APR 2004)
All work shall be performed during Monday through to Friday 0800am to 1630pm except for the holidays identified below. Other hours may be approved by the Contracting Officer's Representative. Notice must be given 24 hours in advance to COR who will consider any deviation from the hours identified above.
a) The Department of State observes the following days as holidays:
2015 Holiday Schedule
Thursday, January 1
New Year’s Day
US/ZIM
Monday, January 19
Martin Luther King Day
US
Monday, February 16
Washington’s Birthday
Friday, April 3
Good Friday
ZIM
Saturday, April 4*
Easter Saturday
Sunday, April 5*
Easter Sunday
Monday, April 6
Easter Monday
Saturday, April 18*
Independence Day
Friday, May 1
Workers Day
Monday, May 25
Memorial Day and Africa Day
Friday, July 3
Independence Day
Monday, August 10
Heroes Day
Tuesday, August 11
Defence Forces Day
Monday, September 7
Labor Day
Monday, October 12
Columbus Day
Wednesday, November 11
Veterans Day
Thursday, November 26
Thanksgiving
Tuesday, December 22
National Unity Day
Friday, December 25
Christmas
Saturday, December 26*
Boxing Day
*Non-work day
Any other day designated by Federal law, Executive Order or Presidential Proclamation.
(b) When any such day falls on a Saturday or Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract.
652.242-70
CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)
(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.
(b) The COR for this contract is the Motor pool supervisor 652.225-71
SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979,
as amended (AUG 1999)
(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act:
(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli business concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;
(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person;
(3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such U.S. person;
(4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel;
(5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and,
(6) Paying, honoring, confirming, or otherwise implementing a letter of credit which contains any condition or requirement against doing business with the State of Israel.
(b) Under Section 8(a), the following types of activities are not forbidden “compliance with the boycott,'' and are therefore exempted from Section 8(a)'s prohibitions listed in paragraphs (a)(1)-(6) above:
(1) Complying or agreeing to comply with requirements:
(i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or,
(ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment;
(2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipments as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation;
(3) Complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurance, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source when imported into the boycotting country;
(4) Complying or agreeing to comply with the export requirements of the boycotting country relating to shipments or transshipments of exports to Israel, to any business concern of or organized under the laws of Israel, or to any national or resident of Israel;
(5) Compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individual's family or with requests for information regarding requirements of employment of such individual within the boycotting country; and,
(6) Compliance by a U.S. person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his or her activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports into such country of trademarked, trade named, or similarly specifically identifiable products, or components of products for his or her own use, including the performance of contractual services within that country, as may be defined by such regulations.
652.242-73
AUTHORIZATION AND PERFORMANCE (AUG 1999)
(a) The Contractor warrants the following:
(1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed;
(2) That is has obtained all necessary licenses and permits required to perform this contract; and,
(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract.
(b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause.
652.229-70
EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS
WITHIN THE UNITED STATES (JUL 1988)
This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S. Foreign Service Post identified in the contract schedule.
The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of payment of excise tax.
SECTION 3 - SOLICITATION PROVISIONS
FAR 52.212-1, Instructions to Offerors -- Commercial Items (FEB 2012), is incorporated by reference. (See SF-1449, block 27a).
ADDENDUM TO 52.212-1
SUMMARY OF INSTRUCTIONS. Each offer must consist of the following:
SF-1449. A completed solicitation, in which the SF-1449 cover page (blocks 12, 17, 19-24, and 30 as appropriate), and Sections 1 and 5 have been filled out.
INFORMATION. Information demonstrating that the vehicles proposed meet the minimum specifications stated in Section 1, The Schedule, including:
That vehicles are built and homologated for export to Zimbabwe including a local Harare warranty;
Evidence that the vehicles can be maintained to include OEM parts in Harare, Zimbabwe.
ADDENDUM TO SOLICITATION PROVISIONS
FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12
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. Also, the full text of a clause may be accessed electronically at:
http://acquisition.gov/far/index.html/ or http://farsite.hill.af.mil/search.htm.
These addresses are subject to change. IF the FAR is not available at the locations indicated above, use of an Internet “search engine” (for example, Google, Yahoo or Excite) is suggested to obtain the latest location of the most current FAR provisions.
The following Federal Acquisition Regulation solicitation provisions are incorporated by reference:
PROVISION
Title and Date 52.204-7
SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
52.204-16 Commercial and Government Entity Code Reporting (NOV 2014)
52.209-7 Information Regarding Responsibility Matters
(Feb 2012) 52.214-34 Submission of Offers in the English Language
(APR 1991)
52.225-25 Prohibition on Contracting with Entities Engaging in
Certain Activities or Transactions Relating to
Iran—Representation and Certifications (Dec 2012)
The following DOSAR provision is provided in full text:
652.206-70
COMPETITION ADVOCATE/OMBUDSMAN (AUG 1999)
(DEVIATION)
(a) The Department of State’s Competition Advocate is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged to first contact the contracting office for the respective solicitation. If concerns remain unresolved, contact the Department of State Competition Advocate on (703) 516-1696, by fax at (703) 875-6155, or by writing to:
Competition Advocate
U.S. Department of State
A/OPE
SA-15, Room 1060
Washington, DC 20522-1510.
(b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombudsman is not to diminish the authority of the Contracting Officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, Sonja Rix, at 263-4-250-593 and fax number 263-4-796488. For a U.S. Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1696, by fax at (703) 875-6155, or by writing to:
Acquisition Ombudsman
U.S. Department of State
A/OPE
SA-15, Room 1060
Washington, DC 20522-1510.
(End of clause)
SECTION 4 - EVALUATION FACTORS
· Award will be made to the lowest priced, acceptable, responsible quoter. The quoter shall submit a completed solicitation, including Sections 1 and 5.
· The Government reserves the right to reject proposals that are unreasonably low or high in price.
· The lowest price will be determined by multiplying the offered prices times the estimated quantities in “Prices - Continuation of SF-1449, block 23”, and arriving at a grand total, including all options, if any.
· The Government will determine quoter acceptability will be determined by assessing the quoter's compliance with the terms of the RFQ.
· The Government will determine quoter responsibility by analyzing whether the apparent successful quoter complies with the requirements of FAR 9.1, including:
· adequate financial resources or the ability to obtain them;
· ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;
· satisfactory record of integrity and business ethics;
· necessary organization, experience, and skills or the ability to obtain them;
· necessary equipment and facilities or the ability to obtain them; and
· be otherwise qualified and eligible to receive an award under applicable laws and regulations.
ADDENDUM TO EVALUATION FACTORS
FAR AND DOSAR PROVISION(S) NOT PRESCRIBED IN PART 12
The following FAR provisions are provided in full text:
52.216-27
SINGLE OR MULTIPLE AWARDS (OCT 1995)
The Government may elect to award a single task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.
SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS
52.212-3 Offeror Representations and Certifications—Commercial Items (Nov 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website 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”, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.
“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is 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 which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government…
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