W15QKN-22-Q-5069.pdf

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GROUNDS MAINTENANCE SERVICES - Newport, RI Federal contract opportunity
Solicitation number
W15QKN-22-Q-5069
Issued by
Department of the Army Materiel Command Contracting Command Picatinny Arsenal

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PWS-RI010 Newport - Grounds Maintenance - FY22 - Rev 7.docx DOCX document
MAP RI010_GROUNDSMAINTENANCE_MAR2020.pdf PDF
WD 15-4089 (Rev 20) 4-20-2022.docx DOCX document
SECNAV FORM 5512-NSNPT - DEC 2019 - HIGHLIGHTED.pdf PDF

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SEE ADDENDUM

(No Collect Calls)

W15QKN22Q5069 12-May-2022

b. TELEPHONE NUMBER

609-562-0000

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 01 Jun 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W15QKN9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SHANNON HARVEY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011762833

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY CONTRACTING COMMAND

5418 S. SCOTT PLAZA

JOINT BASE MDL NJ 08640

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF69

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W15QKN22Q5069

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS/Addendum to FAR Clause 52.212-1, Instructions to Offerors – Commercial Items

1. The United States Army Contracting Command – New Jersey (ACC-NJ) has a requirement in support of the 99th Readiness Division (RD) for Grounds Maintenance Services at the Sergeant Michael F. Paranzino Memorial Army Reserve Center located at 1390 Simonpietri Drive-Naval Station, in Newport, RI 02841-1720. The contractor shall provide all personnel, supplies, supervision, tools, materials, equipment, transportation, fuel and other items necessary to provide refuse and recycling services in accordance with the Performance Work Statement (PWS).

Period of Performance The period of performance shall be for one, 12-month base period and four, twelve-month option periods.

2. Contractor must have an “Active” registration in System for Award Management (SAM) to be considered for award. To obtain information on SAM or to register with SAM visit the web site at: https://www.sam.gov.

3. A site visit is not mandatory but it is highly recommended. In no event shall failure to inspect the site constitute grounds for a claim after contract award. The site visit date and time is below:

SITE VISIT #1: 23 May 2022 9:00 to 10:00 AM

SITE VISIT #2: 24 May 2022 9:00 to 10:00 AM

SITE VISIT POC: Alex Velez, (978) 302-5299

** IMPORTANT: FORM 5512 IS REQUIRED TO BE FILLED OUT TO ACCESS THE LOCATION FOR

SITE VISIT – FAILURE TO FILL OUT THIS FORM IN THE APPROPRIATE TIMEFRAME WILL

RESULT IN ACCESS TO THE LOCATION BEING DENIED **

4. Questions shall be emailed to the Contract Specialist, Shannon Harvey at Shannon.e.harvey3.civ@army.mil AND the Contracting Officer, Sharon Wilson-Emmons at sharon.wilson-emmons.civ@army.mil no later than May 27th, 2022, by 3:00 PM EST. Questions must specify the section or paragraph of the Performance Work Statement (PWS) for which the clarification is desired.

5. Contractor offers shall be submitted via email no later than June 1, 2022 at 10:00 AM EST to Shannon Harvey at Shannon.e.harvey3.civ@army.mil AND Sharon Wilson-Emmons at sharon.wilson-emmons.civ@army.mil All offers shall include the following:

Pricing:

a. Pricing for all Contract Line Item Numbers (CLINs). Unit price and total price should also be included.

b. Technical Capability Statement to include CAGE Code, Unique Entity Identitifier (UEI), and business-size standard under the applicable NAICS: 561730 – Landscaping/Housekeeping, and a description of your ability to perform the services to include any subcontracting. SEE EVALUATION – COMMERCIAL ITEMS PROVISION for additional information.

** PLEASE NOTE: DUNS NUMBERS ARE NO LONGER ACCEPTED AS OF 1 APRIL, 2022 **

c. Complete blocks 17a, 30a, 30b and 30c of the SF1449 as well as signing/acknowledging any amendments. In doing so, the offeror accedes to the contract terms and conditions as written in the Request for Quote.

d. Copy of insurance certificate meeting minimum requirements identified in Federal Acquisition Regulation Subpart 28.307-2 must be submitted with offer.

e. Completion of Fill-Ins for FAR Provisions 52.204-24 & 53.304-26. Failure to provide a response to these provisions may deem your proposal non-responsive.

6. All offers shall remain valid for 120 calendar days.

7. Multiple offers will not be accepted.

8. Attachments:

- PWS-RI010 Newport - Grounds Maintenance - FY22 - Rev 7

- MAP RI010_GROUNDSMAINTENANCE_MAR2020

- WD 15-4089 (Rev 20) 4-20-2022

BASIS FOR AWARD / EVALUATION CRITERIA

** THIS SOLICITATION IS SET ASIDE 100% FOR SMALL BUSINESS **

1. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered.

The basis for award of any contract resulting from this solicitation will be meeting the requirements of the solicitation based on technical capability, lowest price. The Government intends to award a single Firm Fixed Price (FFP) contract utilizing FAR Part 12 and FAR Part 13.

2. The Government intends to award a contract without discussions with respective offerors, so offerors should submit their best offer initially. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

3. Award shall be made to a single contractor. Award will be made to the technically acceptable, responsible, responsive offeror that meets the requirements of the Specifications of Work/attachments and this solicitation.

A. PRICE:

1. Proposals will include unit prices for each line item listed and a total price, in order that proposals may be properly evaluated; completed SF1449 and any amendments; insurance certificate IAW FAR Subpart28.307-2.

2. The Government will evaluate offers for award purposes by adding the total price for all Contract Line Item Numbers (CLIN) for the total evaluated price. In the event there is a difference between a unit price and the total CLIN amount, the unit price will be held as the intended price multiplied by the number of units. If the offeror shows only the total amount but fails to submit a unit price, the total CLIN amount divided by the quantity will be held as the intended price.

B. The Past Performance Information Retrieval System and Federal Awardee Performance & Integrity Information Systems as well any other Government-sponsored information available may be utilized to help make a responsibility determination in accordance with FAR Subpart 9.104.

C. Failure to provide the requested information may deem the proposal Unacceptable and may not be eligible for award.

D. The Government will begin the evaluation process with a ranking based on the Total Evaluated Price from the lowest to highest price. Following the price ranking, only the lowest priced offeror(s) will be evaluated for technical acceptability under the non-price factor(s) according to the evaluation criteria set forth in paragraph 3 of this section. If acceptable, the evaluation will stop at that point and award will be made to the lowest priced technically acceptable offeror. If unacceptable, the Government will continue to review proposals in order of price until evaluating one that is technically acceptable and eligible for award.

The Government reserves the right to conduct additional technical evaluations as deemed necessary.

CONTRACT ADMINISTRATION

Contract Specialist Shannon Harvey Shannon.e.harvey3.civ@army.mil

Contracting Officer Sharon Wilson-Emmons Sharon.wilson-emmons.civ@army.mil

RFOS/COR

Michael King

(978) 615-6244 Michael.j.king61.civ@army.mil

Contractor

TBD

Place of Performance SGT Michael Paranzino USARC 1390 Simon Petri Drive Newport, RI 02841-1720

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 10 Each BY - Mowing - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

PURCHASE REQUEST NUMBER: 0011762833

PSC CD: S208

NET AMT

0002 2 Each BY - Edging - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

0003 5 Each BY - Trimming - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

0004 2 Each BY - Spring/Fall Cleanup - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

0005 8 Each BY - Maintain Retention Ponds - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

0006 1 Each BY - One Time Fence Clearing - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

1001 16 Each OPTION OY1 - Mowing - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

1002 2 Each OPTION OY1 - Edging - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

1003 8 Each OPTION OY1 - Trimming - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

1004 2 Each OPTION OY1 - Spring/Fall Cleanup - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

1005 8 Each OPTION OY1 - Maintain Retention Ponds - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

2001 16 Each OPTION OY2 - Mowing - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

2002 2 Each OPTION OY2 - Edging - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

2003 8 Each OPTION OY2 - Trimming - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

2004 2 Each OPTION OY2 - Spring/Fall Cleanup - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

2005 8 Each OPTION OY2 - Maintain Retention Ponds - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

3001 16 Each OPTION OY3 - Mowing - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

3002 2 Each OPTION OY3 - Edging - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

3003 8 Each OPTION OY3 - Trimming - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

3004 2 Each OPTION OY3 - Spring/Fall Cleanup - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

3005 8 Each OPTION OY3 - Maintain Retention Ponds - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

4001 16 Each OPTION OY4 - Mowing - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

4002 2 Each OPTION OY4 - Edging - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

4003 8 Each OPTION OY4 - Trimming - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

4004 2 Each OPTION OY4 - Spring/Fall Cleanup - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

4005 8 Each OPTION OY4 - Maintain Retention Ponds - RI010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SGT Michael F.

Paranzino ARC 1390 Simonpietri Drive, Naval Station Newport, RI 02841 in accordance with the Performance Work Statement FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 11-SEP-2022 TO

10-APR-2023

N/A 99TH READINESS DIVISION

99TH READINESS DIVISION

1390 SIMONPIETRI DRIVE- NAVAL

STATION

NEWPORT RI 02841-1212

FOB: Destination

W13EVW

0002 POP 11-SEP-2022 TO

10-APR-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 11-SEP-2022 TO

N/A W6KH FERRA USAR CENTER

W6KH 1LT JOHN A FERA USARC

72 NORTH STREET

DANVERS MA 01923-1121

910-570-9408

0004 POP 11-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 11-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 11-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 11-APR-2023 TO

10-APR-2024

N/A 99TH READINESS DIVISION

99TH READINESS DIVISION

1390 SIMONPIETRI DRIVE- NAVAL

STATION

NEWPORT RI 02841-1212

1002 POP 11-APR-2023 TO

N/A W6KH FERRA USAR CENTER

W6KH 1LT JOHN A FERA USARC

72 NORTH STREET

DANVERS MA 01923-1121

910-570-9408

1003 POP 11-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 11-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 11-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 11-APR-2024 TO

10-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 11-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 11-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 11-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 11-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 11-APR-2025 TO

10-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 11-APR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 11-APR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 11-APR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 11-APR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 11-APR-2026 TO

10-APR-2027

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 11-APR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 11-APR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 11-APR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 11-APR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

DEC 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2021

52.215-1 Instructions to Offerors--Competitive Acquisition DEC 2021 52.217-5 Evaluation Of Options JUL 1990 52.217-8 Option To Extend Services NOV 1999 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

OCT 2020

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons DEC 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

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

Subcontractors

DEC 2021

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

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

SEP 2014

252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(End of Provision)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(a) Definition. As used in this clause--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract for each location of contract, including subcontract, performance. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart

42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(f) If the contract includes Federal Acquisition Regulation clause 52.204-2, Security Requirements, the contractor shall ensure that subcontractors maintain their CAGE code(s) throughout the life of the contract.

(End of Clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

2020)

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

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

(c) Representations.

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

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) 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, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

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

(b) The Offeror represents that--

(1) 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; and

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

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Award will be made to the lowest responsible, responsive offer whose (i) technical capability/proposal meets the requirements of the PWS and solicitation (ii) past performance, which consists of the review of references and other documentation in obtained by the Government. Price is lowest evaluated price.

You must submit a technical capability statement/proposal and references with your proposal to be considered for award. The technical proposal should address if you are subcontracting the work, how much will be subcontracted,your ability to perform the work and equipment available for use.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

(i) Not less…

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