B08 W25G1V20Q0232 01 Solicitation Amendment 01.pdf

SEE ADDENDUM

(No Collect Calls)

W25G1V20Q0232 25-Aug-2020

b. TELEPHONE NUMBER

(570)615-9535

8. OFFER DUE DATE/LOCAL TIME

04:30 PM 30 Sep 2020

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 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.

W25G1V9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MAUREEN MYRTHEL

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

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

SEE SCHEDULE

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

ACC-APG, TOBYHANNA DIVISION

11 HAP ARNOLD BLVD

TOBYHANNA PA 18466-5100

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 W25G1V 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

SEE BELOW FOR SEPARATE SHIPPING INSTRUCT

XXX

XXX PA 00000

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

811310

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)

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.

W25G1V20Q0232

Section SF 1449 - CONTINUATION SHEET

ADDENDUM

1. BASIS OF AWARD:

Award will be based on the best overall value to the Government and provided the Contractor’s Contractual and Technical proposal is determined to be acceptable, and mutual agreement is reached between the contractor and government on terms and conditions and price.

Offeror must supply a brief technical proposal that will highlight the offerors ability to perform all requirements identified in the attached Performance Work Statement (see attachment 1).

Offeror must submit pricing on all CLINs as requested. Price evaluation will be based the cost for one assessment visit and 8 hours labor cost. The 8 hours labor is for evaluation purposes only and does not obligate the government to any amount of labor for repairs.

Offerors attention is directed to Clause 52.212-2 Evaluation of Commercial Items, for full description of Proposed Price, Past Performance, and Technical proposal submissions.

Award evaluation and basis for award will be performed in accordance with FAR 52.212-2, Evaluation-Commercial Items.

2. Offer shall be submitted and award made by the Government on an all-or-none basis.

Therefore, offers are solicited on that basis only.

3. The Government is not responsible for any costs incurred for contractor’s time or materials expended in preparing a proposal for this solicitation.

4. The services to be performed fall under the authority of the service contract act.

Wage Determination No: 2015-5797, Revision No. 12 dated 6/10/2020, is provided at Attachment III to this solicitation.

5. Contractor Submitted Questions Offerors are advised to submit any questions regarding this solicitation in writing no later than September 25, 2020 (6 days prior to closing), to the contract specialist via email;

Maureen.Myrthel.civ@mail.mil. Answers to questions will be posted in the same manner in which the solicitation is posted.

6. Any resultant award will be a firm fixed-price/Time and materials hybrid contract.

7. Any amendments issued to this solicitation will be synopsized in the same manner as this solicitation. Offeror advised to acknowledge all amendments issued to the solicitation with their proposal by signing and including one copy of the amendment with their proposal.

mailto:Maureen.Myrthel.civ@mail.mil

8. DISCUSSIONS

The Government intends to award without discussions. Offerors should provide their best, complete proposal upon initial submission. The Government reserves the right to hold discussions if deemed necessary by the Contracting Officer.

PROPOSAL SUBMISSION:

1. Submit proposal and supporting documentation referencing Solicitation W25G1V-20- Q-0232 via email to: Maureen.Myrthel.civ@mail.mil.

2. Contractor shall complete a standard form (SF) 1449 http://www.forms.gov, blocks 5, 12, 17a, 17b, 19 thru 24, 30a, and 30b; and 30c. The offer must be signed by a company official authorized to contractually bind the company.

3. Contractors Technical Proposal

4. All Signed Amendments noted above

5. To receive an award, the company must have an active registration in the System for Award Management (SAM) https://www.sam.gov with no active exclusions and have no debt subject to offset. Prospective offerors must be found to be responsible in accordance with FAR 9.1.

RFQ ATTACHMENTS:

The following documents are attached:

Attachment I Performance Work Statement (PWS) Attachment II Wage Determination

508 COMPLIANCE:

Contractor must also meet the applicable accessibility standards at 36 CFR part 1194 per FAR 39.2, Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) and the Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards (36 CFR part 1194). Information may be found at the following websites:

Section 508. http://www.section508.gov Section 508 – Electronic and Information Technology. 21 December 2000, http://www.usdoj.gov/crt/508/508law.pdf Desktop and Portable Computer (1194.26). 1 August 2001, http://www.access-board.gov/sec508/guide/1194.26.htm mailto:Maureen.Myrthel.civ@mail.mil

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot

BASE YEAR AUTOMATIC DOOR ASSESSMENTS

FFP

Description: CONTRACTOR SHALL PROVIDE A FIRM FIXED PRICE PER

ASSESSMENT VISIT TO INCLUDE ALL TRAVEL AND LABOR FOR

ASSESMENTS OF AUTOMATIC DOORS IN ACCORDANCE WITH (IAW)

THE PERFORMANC WORK STATEMENT (PWS).

FIRM FIXED PRICING ON THIS CLIN IS FOR ASSESSMENT VISITS ONLY.

THE PRICING GIVEN WILL BE PER ASSESSMENT VISIT. FILL IN

PRICING BELOW.

ASSESMENT PRICE: $____________

-AT TIME OF AWARD FUNDING WILL BE PROVIDED FOR THIS LINE

ITEM.

-THE GOVERNMENT IS UNDER NO OBLIGATION TO USE ALL OR ANY

OF THE FUNDS PROVIDED ON THIS CLIN.

THE AMOUNT OF FUNDING PROVIDED IS A CEILING FOR ASSESMENT

OF AUTOMATIC DOOR IAW THE PWS AND PAYMENTS WILL ONLY BE

MADE FOR SUPPLIED SERVICES. CHANGES TO THE CEILING WILL BE

MADE BY CONTRACT MODIFICATION ONLY.

FOB: Destination

NSN: AASSVC019600TS

MILSTRIP: W25G1V019600TS

PURCHASE REQUEST NUMBER: W25G1V019600TS

PSC CD: J099

NET AMT

0002 1 Lot

BASE YEAR AUTOMATIC DOOR REPAIRS

T&M Description: AUTOMATIC DOOR REMEDIAL REPAIRS TO BE

PERFORMED AT THE REQUEST OF THE GOVERNMENT IN

ACCORDANCE WITH (IAW) THE PERFORMANCE WORK STATEMENT

(PWS).

AFTER ASSESMENT A QUOTE SHALL BE SUPPLIED TO THE COR AND

SHALL BREAK OUT LABOR COST AND MATERIAL COSTS.

THE COR WILL VERIFY PARTS REQUIRED AND PRICING WILL BE

DETERMINED TO BE FAIR AND REASONABLE BEOFRE THE WORK IS

AUTHORIZED TO PROCEED. NO WORK SHALL BE COMPLETED

WITHOUT PRIOR WRITTEN AUTHORIZATION FROM THE COR.

THIS CLIN IS A TIME AND MATERIALS CLIN. ALL LABOR PROVIDED

WILL BE A FIXED RATE AS PROPOSED IN THIS SOLICITATION.

PROVIDE FULLY BURDENED LABOR RATE BELOW.

FULLY BURDENED LABOR RATE: $__________

ENTER FULLY BURDENED LABOR COST FOR 8 HOURS $____________

THIS 8 HOURS IS STRICKTLY FOR EVALUATION PURPOES ONLY AND

WILL NOT OBLIGATE THE GOVERNMENT TO ANY AMOUNT OF

LABOR.

-AT TIME OF AWARD FUNDING WILL BE PROVIDED FOR THIS LINE

ITEM.

-THE GOVERNMENT IS UNDER NO OBLIGATION TO USE ALL OR ANY

OF THE FUNDS PROVIDED ON THIS CLIN.

THE AMOUNT OF FUNDING PROVIDED IS A CEILING FOR

ASSESMENT OF AUTOMATIC DOOR IAW THE PWS AND PAYMENTS

WILL ONLY BE MADE FOR SUPPLIED SERVICES. CHANGES TO THE

CEILING WILL BE MADE BY CONTRACT MODIFICATION ONLY.

FOB: Destination

NSN: AASSVC019700DE

MILSTRIP: W25G1V019700DE

PURCHASE REQUEST NUMBER: W25G1V019700DE

TOT ESTIMATED PRICE

CEILING PRICE

0003 1 Lot

FSC: J099 REPLACE HANDICAP PUSH BUTTON

FFP

Description: ONE TIME SERVICE - PROVIDE LABOR, MATERIAL AND

TRAVEL REQUIRED TO REPLACE APPROXIMATELY 33 HANDICAP

PUSH BUTTONS WITH TOUCHLESS ACTIVATION ENTRY SENSORS AND

ONE AUTOMATIC DUEL SWING DOOR HEADER FOR BUILDING 11 TO

INCLUDE 2 TOUCHLESS ACTIVATION ENTRY SENSORS IN

ACCORDANCE WITH (IAW) THE ATTACHED PERFORMANCE WORK

STATEMENT (PWS).

FOB: Destination

NSN: AASSVC024701J1

MILSTRIP: W25G1V024701J1

PURCHASE REQUEST NUMBER: W25G1V024701J1

0004 1 Lot

OPTION OPTION YEAR ONE ASSESSMENTS

FFP

Description: CONTRACTOR SHALL PROVIDE A FIRM FIXED PRICE PER

ASSESSMENT VISIT TO INCLUDE ALL TRAVEL AND LABOR FOR

ASSESMENTS OF AUTOMATIC DOORS IN ACCORDANCE WITH (IAW)

THE PERFORMANC WORK STATEMENT (PWS).

FIRM FIXED PRICING ON THIS CLIN IS FOR ASSESSMENT VISITS ONLY.

THE PRICING GIVEN WILL BE PER ASSESSMENT VISIT. FILL IN

PRICING BELOW.

ASSESMENT PRICE: $____________

-AT TIME OF AWARD FUNDING WILL BE PROVIDED FOR THIS LINE

ITEM.

-THE GOVERNMENT IS UNDER NO OBLIGATION TO USE ALL OR ANY

OF THE FUNDS PROVIDED ON THIS CLIN.

THE AMOUNT OF FUNDING PROVIDED IS A CEILING FOR ASSESMENT

OF AUTOMATIC DOOR IAW THE PWS AND PAYMENTS WILL ONLY BE

MADE FOR SUPPLIED SERVICES. CHANGES TO THE CEILING WILL BE

MADE BY CONTRACT MODIFICATION ONLY.

FOB: Destination

0005 1 Lot

OPTION OPTION YEAR ONE REPAIRS

T&M Description: AUTOMATIC DOOR REMEDIAL REPAIRS TO BE

PERFORMED AT THE REQUEST OF THE GOVERNMENT IN

ACCORDANCE WITH (IAW) THE PERFORMANCE WORK STATEMENT

(PWS).

AFTER ASSESMENT A QUOTE SHALL BE SUPPLIED TO THE COR AND

SHALL BREAK OUT LABOR COST AND MATERIAL COSTS.

THE COR WILL VERIFY PARTS REQUIRED AND PRICING WILL BE

DETERMINED TO BE FAIR AND REASONABLE BEOFRE THE WORK IS

AUTHORIZED TO PROCEED. NO WORK SHALL BE COMPLETED

WITHOUT PRIOR WRITTEN AUTHORIZATION FROM THE COR.

THIS CLIN IS A TIME AND MATERIALS CLIN. ALL LABOR PROVIDED

WILL BE A FIXED RATE AS PROPOSED IN THIS SOLICITATION.

PROVIDE FULLY BURDENED LABOR RATE BELOW.

FULLY BURDENED LABOR RATE: $__________

ENTER FULLY BURDENED LABOR COST FOR 8 HOURS $____________

THIS 8 HOURS IS STRICKTLY FOR EVALUATION PURPOES ONLY AND

WILL NOT OBLIGATE THE GOVERNMENT TO ANY AMOUNT OF

LABOR.

-AT TIME OF AWARD FUNDING WILL BE PROVIDED FOR THIS LINE

ITEM.

-THE GOVERNMENT IS UNDER NO OBLIGATION TO USE ALL OR ANY

OF THE FUNDS PROVIDED ON THIS CLIN.

THE AMOUNT OF FUNDING PROVIDED IS A CEILING FOR

ASSESMENT OF AUTOMATIC DOOR IAW THE PWS AND PAYMENTS

WILL ONLY BE MADE FOR SUPPLIED SERVICES. CHANGES TO THE

CEILING WILL BE MADE BY CONTRACT MODIFICATION ONLY.

0006 1 Lot

OPTION OPTION YEAR 2 ASSESSMENTS

FFP

Description: CONTRACTOR SHALL PROVIDE A FIRM FIXED PRICE PER

ASSESSMENT VISIT TO INCLUDE ALL TRAVEL AND LABOR FOR

ASSESMENTS OF AUTOMATIC DOORS IN ACCORDANCE WITH (IAW)

THE PERFORMANC WORK STATEMENT (PWS).

FIRM FIXED PRICING ON THIS CLIN IS FOR ASSESSMENT VISITS ONLY.

THE PRICING GIVEN WILL BE PER ASSESSMENT VISIT. FILL IN

PRICING BELOW.

ASSESMENT PRICE: $____________

-AT TIME OF AWARD FUNDING WILL BE PROVIDED FOR THIS LINE

ITEM.

-THE GOVERNMENT IS UNDER NO OBLIGATION TO USE ALL OR ANY

OF THE FUNDS PROVIDED ON THIS CLIN.

0007 1 Lot

OPTION OPTION YEAR 2 REPAIRS

T&M Description: AUTOMATIC DOOR REMEDIAL REPAIRS TO BE

PERFORMED AT THE REQUEST OF THE GOVERNMENT IN

ACCORDANCE WITH (IAW) THE PERFORMANCE WORK STATEMENT

(PWS).

AFTER ASSESMENT A QUOTE SHALL BE SUPPLIED TO THE COR AND

SHALL BREAK OUT LABOR COST AND MATERIAL COSTS.

THE COR WILL VERIFY PARTS REQUIRED AND PRICING WILL BE

DETERMINED TO BE FAIR AND REASONABLE BEOFRE THE WORK IS

AUTHORIZED TO PROCEED. NO WORK SHALL BE COMPLETED

WITHOUT PRIOR WRITTEN AUTHORIZATION FROM THE COR.

THIS CLIN IS A TIME AND MATERIALS CLIN. ALL LABOR PROVIDED

WILL BE A FIXED RATE AS PROPOSED IN THIS SOLICITATION.

PROVIDE FULLY BURDENED LABOR RATE BELOW.

FULLY BURDENED LABOR RATE: $__________

ENTER FULLY BURDENED LABOR COST FOR 8 HOURS $____________

THIS 8 HOURS IS STRICKTLY FOR EVALUATION PURPOES ONLY AND

WILL NOT OBLIGATE THE GOVERNMENT TO ANY AMOUNT OF

LABOR.

-AT TIME OF AWARD FUNDING WILL BE PROVIDED FOR THIS LINE

ITEM.

-THE GOVERNMENT IS UNDER NO OBLIGATION TO USE ALL OR ANY

OF THE FUNDS PROVIDED ON THIS CLIN.

THE AMOUNT OF FUNDING PROVIDED IS A CEILING FOR

ASSESMENT OF AUTOMATIC DOOR IAW THE PWS AND PAYMENTS

WILL ONLY BE MADE FOR SUPPLIED SERVICES. CHANGES TO THE

CEILING WILL BE MADE BY CONTRACT MODIFICATION ONLY.

0008 1 Lot

OPTION SIX MONTH OPTION TO EXTEND SERVICES

FFP

Pursuant to FAR 217-8 as part of the price evaluation, the Government will evaluate the Option to Extend Services under FAR Clause 52.217-8 by adding one-half of the offeror's final option period price to the offeror's total price. Thus, the offeror's total price for the purpose of evaluation will include the base period, option years one through four, and one-half of option year four. Offeror is required only to price the base and four options. Offeror shall not submit a price for the potential one-half year extension of services period.

Upon UNILATERAL exercise of FAR 52.217-8 this contract may be extended UP TO 6 months total.

ENTER SAME PRICE FOR ASSESMENT AS CLIN 0005: $__________

ENTER SAME FULLY BURDENED LABOR RATE AS CLIN 0006:

INCLUDE 8 HOURS OF LABOR AT COST ABOVE $_____________

0009 1 Lot

CONTRACT MANPOWER REPORTING

FFP

This CLIN is applicable to all performance periods under the contract.

The Accounting for Contract Services/Contractor Manpower Reporting requirement has been added to the performance work statement, and contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract. This CLIN is not separately priced, pricing should not be proposed.

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 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 28-SEP-2020 TO

27-SEP-2021

N/A SEE BELOW FOR SEPARATE SHIPPING

INSTRUCT

XXX

XXX PA 00000

W25G1V

0002 POP 28-SEP-2020 TO

27-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

0003 60 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004 POP 28-SEP-2021 TO

27-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 28-SEP-2021 TO

27-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 28-SEP-2022 TO

27-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 28-SEP-2022 TO

27-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 28-SEP-2023 TO

27-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 28-SEP-2020 TO

27-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Restrictions On Subcontractor Sales To The Government 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

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

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

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)

JUN 2020

52.212-4 Alt I Contract Terms and Conditions--Commercial Items (OCT 2018) Alternate I

JAN 2017

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021)

AUG 2020

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-6 Place of Performance OCT 1997 52.217-5 Evaluation Of Options JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.228-5 Insurance - Work On A Government Installation JAN 1997

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 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.243-1 Changes--Fixed Price AUG 1987 52.243-3 Changes--Time-And-Material Or Labor-Hours SEP 2000 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-6 Inspection--Time-And-Material And Labor-Hour MAY 2001 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

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

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

SEP 2019

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (AUG 2020)

(a) Definitions. 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.

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

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(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. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause) https://dibnet.dod.mil/ https://dibnet.dod.mil/

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

2019)

(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.

(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) Representation. 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.

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.

https://www.sam.gov/

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) Award will be made provided the Contractor’s Contractual and Technical proposal is determined to be acceptable, and mutual agreement is reached between the contractor and government on terms and conditions and price. The following factors shall be used to evaluate the offer:

(1) Technical. The Offeror’s technical proposal should clearly reflect how the offeror proposes to comply with the performance required and identified in the Performance Work Statement. To be found technically acceptable the Offeror’s technical proposal, including any supporting documentation, is to be clear and concise and should clearly reference the requirements identified in the Performance Work Statement. This evaluation will result in a determination of technical acceptability or unacceptability.

The technical proposal will be evaluated as Acceptable/Unacceptable.

(2) Price. Offeror is advised to provide the most competitive pricing they can with the initial proposal submission.

(3) Past Performance. Past Performance will be evaluated by reviewing the Contractor Performance Assessment Reporting System (CPARS) and the Federal Awardee Performance and Integrity Information System (FAPIIS). Past Performance will be rated as Acceptable/Unacceptable.

(a) In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.

(b) Nothing in this solicitation prohibits the Government from obtaining and considering past performance from any source available.

(c) Negative information obtained using past performance evaluations will be provided to the offeror to be addressed unless such negative information or circumstances have already been addressed by the offeror.

(b) Offeror must be found responsible IAW FAR 9.1.

(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 ITEMS (JUN 2020)

ALTERNATE I (OCT 2014)

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.

“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.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

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

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not…