W15QKN-23-R-5028.pdf

SEE ADDENDUM

(No Collect Calls)

W15QKN23R5028 17-Mar-2023

b. TELEPHONE NUMBER

609-562-0000

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 03 Apr 2023

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

0011914451

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 W13EVW 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

99TH READINESS DIVISION

99TH READINESS DIVISION

115 BARNUM ROAD

AYER MA 01434-5216

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19,500,000

NAICS:

561720

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 OF76

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.

W15QKN23R5028

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) Custodial Services at the MAJ. David S. Connely AFRC located at 115 Barnum Road, Devens, MA 01434. The contractor shall provide all personnel, supplies, supervision, tools, materials, equipment, transportation, fuel and other items necessary to provide custodial 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 dates and times are below:

20 March 2023 9:00 AM – 10:00 AM

SITE VISIT POC: Michael King, (978) 870-8060

21 MARCH 2023 9:00 AM – 10:00 AM

SITE VISIT POC: Michael King, (978) 870-8060

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 March 29, 2023 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 April 3, 2023 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 Indetifier (UEI), and business-size standard under the applicable NAICS: 561720 – Janitorial Services, and a description of your ability to perform the services to include any subcontracting. SEE EVALUATION – COMMERCIAL ITEMS PROVISION for additional information. Failure to provide the information required by this provision could render your offer/quote non-responsive.

YOU MUST IDENTIFY YOUR ABILITY TO MEET THE REQUIREMENTS OF FAR 512.219-14,

LIMITATION ON SUBCONTRACING WHERE THE PRIME MUST DO 51% OF THE WORK.

**PLEASE NOTE: DUNS NUMBERS ARE NO LONGER ACCEPTED AS OF 01 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:

- MA058 Ayer - PWS - Custodial Level 2 - FY23 -Rev 5 (1)

- MA058_CUST_Feb2023

- WD 15-4035 (Rev. 23) 12-27-2022

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 Performance Work Statement/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.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months

BY - CUST - MA058 - WEEKLY (2X)

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

PURCHASE REQUEST NUMBER: 0011914451

PSC CD: S201

NET AMT

0002 12 Months

BY - CUST - MA058 - SEMI MNLY

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

0003 12 Months

BY - CUST - MA058 - MNLY

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

0004 2 Each

BY - CUST - MA058 - SEMI ANNUAL

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

0005 1 Each

BY - CUST - MA058 - ANNUAL

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

1001 12 Months

OPTION OY1 - CUST - MA058 - WEEKLY (2X)

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

1002 12 Months

OPTION OY1 - CUST - MA058 - SEMI MNLY

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

1003 12 Months

OPTION OY1 - CUST - MA058 - MNLY

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

1004 2 Each

OPTION OY1 - CUST - MA058 - SEMI ANNUAL

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

1005 1 Each

OPTION OY1 - CUST - MA058 - ANNUAL

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

2001 12 Months

OPTION OY2 - CUST - MA058 - WEEKLY (2X)

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

2002 12 Months

OPTION OY2 - CUST - MA058 - SEMI MNLY

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

2003 12 Months

OPTION OY2 - CUST - MA058 - MNLY

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

2004 2 Each

OPTION OY2 - CUST - MA058 - SEMI ANNUAL

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

2005 1 Each

OPTION OY2 - CUST - MA058 - ANNUAL

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

3001 12 Months

OPTION OY3 - CUST - MA058 - WEEKLY (2X)

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

3002 12 Months

OPTION OY3 - CUST - MA058 - SEMI MNLY

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

3003 12 Months

OPTION OY3 - CUST - MA058 - MNLY

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

3004 2 Each

OPTION OY3 - CUST - MA058 - SEMI ANNUAL

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

3005 1 Each

OPTION OY3 - CUST - MA058 - ANNUAL

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

4001 12 Months

OPTION OY4 - CUST - MA058 - WEEKLY (2X)

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

4002 12 Months

OPTION OY4 - CUST - MA058 - SEMI MNLY

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

4003 12 Months

OPTION OY4 - CUST - MA058 - MNLY

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

4004 2 Each

OPTION OY4 - CUST - MA058 - SEMI ANNUAL

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 FOB: Destination

4005 1 Each

OPTION OY4 - CUST - MA058 - ANNUAL

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to perform custodial services in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges and any other fees or surcharges that may be associated with custodial services. Site Code: 25270.17101 Facility Address: MAJ DAVID S CONNELLY AFRC, 115 Barnum Rd, Devens, MA 01434 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 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 31-MAR-2023 TO

30-MAR-2024

N/A 99TH READINESS DIVISION

99TH READINESS DIVISION

115 BARNUM ROAD

AYER MA 01434-5216

FOB: Destination

W13EVW

0002 POP 31-MAR-2023 TO

30-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 31-MAR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 31-MAR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 31-MAR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 31-MAR-2024 TO

30-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 31-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 31-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 31-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 31-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 31-MAR-2025 TO

30-MAR-2026

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 31-MAR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 31-MAR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 31-MAR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 31-MAR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 31-MAR-2026 TO

30-MAR-2027

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 31-MAR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 31-MAR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 31-MAR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 31-MAR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 31-MAR-2027 TO

30-MAR-2028

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 31-MAR-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 31-MAR-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 31-MAR-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 31-MAR-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.204-3 Taxpayer Identification OCT 1998 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

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 52.204-16 Commercial and Government Entity Code Reporting AUG 2020

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

52.209-5 Certification Regarding Responsibility Matters AUG 2020 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

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

NOV 2021

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

DEC 2022

52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

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 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-18 Availability Of Funds 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

NOV 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

52.242-13 Bankruptcy JUL 1995 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 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

JAN 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.209-7006 Limitations on Contractors Acting as Lead System Integrators DEC 2022 252.209-7008 Notice of Prohibition Relating to Organizational Conflict of

Interest--Major Defense Acquisition Program

DEC 2010

252.209-7998 (Dev) Representation Regarding Conviction of a Felony Criminal Violation under any Federal or State Law

MAR 2012

252.209-7999 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation)

JAN 2012

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

252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7006 Wide Area WorkFlow Payment Instructions JAN 2023 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No.