W50S8J-20-R-0009.pdf

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Attached to
Video Wall Maintenance Federal contract opportunity
Solicitation number
W50S8J-20-R-0009
Issued by
Department of the Army New York Army National Guard

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PWS_Video Wall Maintenance Updated 22 June.pdf PDF
Amendment 02 - Remove Unscheduled Maintenance.pdf PDF
W50S8J-20-R-0009-0001 Add PWS Attachment 1 Equipment Listing.pdf PDF
PWS Attachment 1_Equipment Listing.xlsx XLSX spreadsheet

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SEE ADDENDUM

(No Collect Calls)

W50S8J20R0009 09-Jun-2020

b. TELEPHONE NUMBER

51-344-2513

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 24 Jun 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 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.

W50S8J9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRISTINA E. SHORKEY

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

F9S3S80091AW01

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

USPFO NY 109 MISSION SUPPORT CONTRACTING

1 AIR NATIONAL GUARD RD

SCOTIA NY 12302-9572

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 F9S3S8 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

F9S3S8 - 109 CF/SCX PLANS BRANCH

PATRICK REIMANN

1 AIR NATIONAL GUARD ROAD

SCOTIA NY 12302-9752

TEL: 518-344-2049 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,000,000

NAICS:

811213

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 OF70

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.

W50S8J20R0009

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

FOR

Video Wall Maintenance

AT

109AW – STRATTON ANGB

June 1, 2020

1. DESCRIPTION OF SERVICES: The contractor shall provide all management, tools, supplies, equipment, and labor necessary to provide audiovisual maintenance support for custom-built integrated AV system in bldg. 1, Wing Conference Room and bldg. 25, Tactical Operations Center.

1.1 PERIOD OF PERFORMANCE: Base Period: 01 July 2020 – 30 June 2021 Option Period 1: 01 July 2021 – 30 June 2022 Option Period 2: 01 July 2022 – 30 June 2023 Option Period 3: 01 July 2023 – 30 June 2024 Option Period 4: 01 July 2024 – 30 June 2025

1.2 SPECIFIC REQUIREMENTS: Contractor must provide audio visual maintenance support services including, but not limited to: annual preventative maintenance (PM) inspections, on-site service calls, parts repair/replacement as needed, software updates and upgrades (per OEM guidance) and help desk technical support for end user instruction and troubleshooting of systems as necessary.

1.2.1 At least one (1) preventative maintenance (PM) visit shall be included per contract year.

This visit shall be inclusive of all parts, labor, travel, consumables and supplies which are necessary to complete the OEMs suggested PM protocol.

1.2.2 The service contract must provide unlimited on-site visits with a maximum 72 hour on-site response time (for issues that cannot be resolved remotely via telephone or Internet).

1.2.3 All parts used in the PM and repairs must be guaranteed, factory-tested, OEM quality parts.

1.2.4 Maintenance performed shall consider the manufacturer’s latest technical developments, repair procedures, application updates, diagnostic software, and planned maintenance procedures.

1.2.5 Contractor must be knowledgeable of the audiovisual systems installed.

1.3 TECHNICAL SPECIFICATIONS:

Wing Conference Room (only primary components listed – not all inclusive)

*OBLX free-standing KVD-5521 video wall. 55” display with 2x3 configuration to include digital windowing hardware interface (Mfg part # KVD-55212X3FSVW)

*Digital Media Presentation System (Mfg part # CR-DMPRES)

*Polycom GS700 IP only video teleconferencing w/12x main camera (Mfg part # PLCMGS700 IP)

Tactical Operations Center (only primary components listed – not all inclusive)

*Digital Media Core System includes: 64X64 digital matrix switcher, control system processor, power supply;

controlled power modules, PoE distribution switch; 20" wired touchpanel; and digital TX/RX core/edge data transport hardware (Mfg part # 64-8890-1212)

* Commercial Flat Panel Bundle. Includes six commercial 70" 1080p HD flat panels rated for 24x7 operation; wall mounting brackets; and installation hardware (Mfg part # 10-3668-1212)

1.4 RECORDS AND REPORTS:

The Contractor shall, commensurate with the completion of each service call (inclusive of warranty service), provide the Government technical representative with a copy of a field service report/ticket identifying the equipment name, manufacturer, model number, and serial number of the equipment being serviced/repaired and detailing the reason for the service call, a detailed description of the work performed, the test instruments or other equipment used to affect the repair or otherwise perform the service, the name(s) and contact information of the technician who performed the repair/service, and for information purposes, the on-site hours expended and parts/components replaced.

2. GENERAL INFORMATION:

2.1 HOURS OF OPERATION: The Contractor is responsible for providing services between the hours of 0730 to 1500, Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this performance work statement (PWS) when the Government facility is not closed for the above reasons.

2.1.1 Federal Observed Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

2.2 SECURITY REQUIREMENTS: This standard language is for contractor employees with an area of performance within Government controlled installation, facility, or area. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the Government representative. The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the local installation’s Security Forces, Director of Emergency Services or local Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by DoD, HAF and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

2.2.1 Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (AFI 31-101 and AFI 10-245), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

2.2.2 In accordance with AFI 10-701, Operations Security, OPSEC PMs/SMO/SMNCOs/Coordinators will provide OPSEC training or training materials to contract employees within 90 days of employees' initial assignment to the contract and annually thereafter. General organizational orientations may need to be supplemented by duty-related orientations in the work center targeted toward specific critical information and vulnerabilities associated with the work. Initial OPSEC training is locally generated and will be provided during badge issue.

2.2.3 All contractor employees, to include subcontractor employees, requiring access to Government Installations, Facilities and Controlled Access areas shall complete locally generated AT training equivalent to AT Level I awareness training within 10 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable."

2.2.4 The use and possession of controlled substances to include marijuana (medical or recreational use) on the installation is in violation of Title 10 US Code 912a. Art 112a. Contractors are notified this policy is strictly enforced and violators will be denied entry. Personnel caught on the installation can be prosecuted.

3. PERFORMANCE REQUIREMENTS SUMMARY:

3.1 Contractor shall provide all labor, personnel, test equipment, standard service vehicles, tools, material, supervision, and other items necessary to perform troubleshooting, preventive maintenance, and all operational checks and adjustments required to maintain all audio visual systems at an optimum level and meet the system configuration and factory specifications.

3.2 Contractor shall maintain and provide thorough records of all troubleshooting, service activities, site performance history, system issues, and resolutions to the Government. A report of all scheduled and unscheduled maintenance actions should be submitted NLT 5 days after performance completion. Each report shall be signed and dated by the technician performing the work.

4. GOVERNMENT FURNISHED PROPERTY (GFP) AND SERVICES: The US Government will not provide any equipment, fuel, personnel, utilities or facilities to the contractor for the execution of this contract. Should an emergency arise, only the necessary basic lifesaving and life support measures will be provided during the emergency.

5. CONTRACT MANPOWER REPORTING APPLICATION (CMRA):

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the 109th Airlift Wing via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

http://www.ecmra.mil/

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2015. Contractors may direct questions to the help desk at: http://www.ecmra.mil/ Contractors may charge a reasonable fee for this reporting requirement. If you choose to charge for this reporting, the charge must be annotated as a separate item on your quote. If there is no charge, this should be annotated as well.

According to the Army CMRA Website (https://cmra.army.mil/notices/Disclosure.aspx) “The public reporting burden for this collection of information is estimated to average 5 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.”

Performance Objective PWS Paragraph

Standard Performance Threshold

Method of surveillance

Perform scheduled/unscheduled maintenance

1.2 Completed/signed checklist

Provide Government rep a report NLT 5 calendar days after performance completion

On site by Government Rep

Service Report 1.4 Submit to Government Rep

Report submitted by NLT 5 calendar days after troubleshooting event).

N/A

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 4 Job

Scheduled Maintenance

FFP

Scheduled Maintenance to include, but not limited to: annual preventative maintenance, software updates/upgrades and help desk support IAW the PWS, dated 1 Jun 20. The contractor shall invoice quarterly against this CLIN for routine maintenance performed.

PoP: 1 July 2020 thru 30 June 2021 FOB: Destination MFR PART NR: Null

PURCHASE REQUEST NUMBER: F9S3S80091AW01

SIGNAL CODE: A

PSC CD: D318

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 50 Hours

Unscheduled Maintenance

FFP

The contractor shall invoice against this CLIN for all on-site service calls when issues cannot be resolved remotely via telephone or internet. This is for items that fall outside the scope of routine maintenance IAW the PWS, dated 1 June 20.

PoP: 1 July 2020 thru 30 June 2021 FOB: Destination

SIGNAL CODE: A

PSC CD: D318

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 Lot

Parts and Materials

FFP

The contractor shall invoice against this CLIN for parts and materials for repairs outside the scope of PM requirements. This is a Not To Exceed CLIN in the amount of $3,000. The contractor shall be reimbursed when authorized by the Government's technical representative and KO.

PoP: 1 July 2020 thru 30 June 2021 FOB: Destination

SIGNAL CODE: A

PSC CD: D318

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 1 Each

CMRA Reporting

FFP

CMRA (CONTRACT MANPOWER REPORTING APPLICATION) Reporting - The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the 109th Airlift Wing via a secure data collection site. Reporting shall be accomplished no later than Sept 30 of each fiscal year during which performance occurs. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ FOB: Destination

SIGNAL CODE: A

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 4 Job OPTION OY1 Scheduled Maintenance

FFP

Scheduled Maintenance to include, but not limited to: annual preventative maintenance, software updates/upgrades and help desk support IAW the PWS, dated 1 Jun 20. The contractor shall invoice quarterly against this CLIN for routine maintenance performed.

PoP: 1 July 2021 thru 30 June 2022 FOB: Destination

SIGNAL CODE: A

PSC CD: D318

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 50 Hours OPTION OY1 Unscheduled Maintenance

FFP

The contractor shall invoice against this CLIN for all on-site service calls when issues cannot be resolved remotely via telephone or internet. This is for items that fall outside the scope of routine maintenance IAW the PWS, dated 1 June 20.

PoP: 1 July 2021 thru 30 June 2022 FOB: Destination

SIGNAL CODE: A

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1003 1 Lot OPTION OY1 Parts and Materials

FFP

The contractor shall invoice against this CLIN for parts and materials for repairs outside the scope of PM requirements IAW the PWS, dated 1 Jun 20. This is a Not To Exceed CLIN in the amount of $3,000. The contractor shall be reimbursed when authorized by the Government's technical representative and KO.

PoP: 1 July 2021 thru 30 June 2022 FOB: Destination

SIGNAL CODE: A

PSC CD: D318

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1004 1 Each OPTION OY1 CMRA Reporting

FFP

CMRA (CONTRACT MANPOWER REPORTING APPLICATION) Reporting - The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the 109th Airlift Wing via a secure data collection site. Reporting shall be accomplished no later than Sept 30 of each fiscal year during which performance occurs. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ FOB: Destination

SIGNAL CODE: A

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 4 Job OPTION OY2 Scheduled Maintenance

FFP

Scheduled Maintenance to include, but not limited to: annual preventative maintenance, software updates/upgrades and help desk support IAW the PWS, dated 1 Jun 20. The contractor shall invoice quarterly against this CLIN for routine maintenance performed.

PoP: 1 July 2022 thru 30 June 2023 FOB: Destination

SIGNAL CODE: A

PSC CD: D318

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 50 Hours OPTION OY2 Unscheduled Maintenance

FFP

The contractor shall invoice against this CLIN for all on-site service calls when issues cannot be resolved remotely via telephone or internet. This is for items that fall outside the scope of routine maintenance IAW the PWS, dated 1 June 20.

PoP: 1 July 2022 thru 30 June 2023 FOB: Destination

SIGNAL CODE: A

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2003 1 Lot OPTION OY2 Parts and Materials

FFP

The contractor shall invoice against this CLIN for parts and materials for repairs outside the scope of PM requirements IAW the PWS, dated 1 Jun 20. This is a Not To Exceed CLIN in the amount of $3,000. The contractor shall be reimbursed when authorized by the Government's technical representative and KO.

PoP: 1 July 2022 thru 30 June 2023 FOB: Destination

SIGNAL CODE: A

PSC CD: D318

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2004 1 Each OPTION OY2 CMRA Reporting

FFP

CMRA (CONTRACT MANPOWER REPORTING APPLICATION) Reporting - The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the 109th Airlift Wing via a secure data collection site. Reporting shall be accomplished no later than Sept 30 of each fiscal year during which performance occurs. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ FOB: Destination

SIGNAL CODE: A

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 4 Job OPTION OY3 Scheduled Maintenance

FFP

Scheduled Maintenance to include, but not limited to: annual preventative maintenance, software updates/upgrades and help desk support IAW the PWS, dated 1 Jun 20. The contractor shall invoice quarterly against this CLIN for routine maintenance performed.

PoP: 1 July 2023 thru 30 June 2024 FOB: Destination

SIGNAL CODE: A

PSC CD: D318

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 50 Hours OPTION OY3 Unscheduled Maintenance

FFP

The contractor shall invoice against this CLIN for all on-site service calls when issues cannot be resolved remotely via telephone or internet. This is for items that fall outside the scope of routine maintenance IAW the PWS, dated 1 June 20.

PoP: 1 July 2023 thru 30 June 2024 FOB: Destination

SIGNAL CODE: A

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3003 1 Lot OPTION OY3 Parts and Materials

FFP

The contractor shall invoice against this CLIN for parts and materials for repairs outside the scope of PM requirements IAW the PWS, dated 1 Jun 20. This is a Not To Exceed CLIN in the amount of $3,000. The contractor shall be reimbursed when authorized by the Government's technical representative and KO.

PoP: 1 July 2023 thru 30 June 2024 FOB: Destination

SIGNAL CODE: A

PSC CD: D318

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3004 1 Each OPTION OY3 CMRA Reporting

FFP

CMRA (CONTRACT MANPOWER REPORTING APPLICATION) Reporting - The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the 109th Airlift Wing via a secure data collection site. Reporting shall be accomplished no later than Sept of each fiscal year during which performance occurs. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ FOB: Destination

SIGNAL CODE: A

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 4 Job OPTION OY4 Scheduled Maintenance

FFP

Scheduled Maintenance to include, but not limited to: annual preventative maintenance, software updates/upgrades and help desk support IAW the PWS, dated 1 Jun 20. The contractor shall invoice quarterly against this CLIN for routine maintenance performed.

PoP: 1 July 2024 thru 30 June 2025 FOB: Destination

SIGNAL CODE: A

PSC CD: D318

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 50 Hours OPTION OY4 Unscheduled Maintenance

FFP

The contractor shall invoice against this CLIN for all on-site service calls when issues cannot be resolved remotely via telephone or internet. This is for items that fall outside the scope of routine maintenance IAW the PWS, dated 1 June 20.

PoP: 1 July 2024 thru 30 June 2025 FOB: Destination

SIGNAL CODE: A

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4003 1 Lot OPTION OY4 Parts and Materials

FFP

The contractor shall invoice against this CLIN for parts and materials for repairs outside the scope of PM requirements IAW the PWS, dated 1 Jun 20. This is a Not To Exceed CLIN in the amount of $3,000. The contractor shall be reimbursed when authorized by the Government's technical representative and KO.

PoP: 1 July 2024 thru 30 June 2025 FOB: Destination

SIGNAL CODE: A

PSC CD: D318

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4004 1 Each OPTION OY4 CMRA Reporting

FFP

CMRA (CONTRACT MANPOWER REPORTING APPLICATION) Reporting - The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the 109th Airlift Wing via a secure data collection site. Reporting shall be accomplished no later than Sept 30 of each fiscal year during which performance occurs. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ FOB: Destination

SIGNAL CODE: A

PSC CD: D318

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 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUL-2020 TO

30-JUN-2021

N/A F9S3S8 - 109 CF/SCX PLANS BRANCH

PATRICK REIMANN

1 AIR NATIONAL GUARD ROAD

SCOTIA NY 12302-9752

518-344-2049 FOB: Destination

F9S3S8

0002 POP 01-JUL-2020 TO

30-JUN-2021

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

0003 POP 01-JUL-2020 TO

30-JUN-2021

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

0004 30-SEP-2021 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

1001 POP 01-JUL-2021 TO

30-JUN-2022

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

1002 POP 01-JUL-2021 TO

30-JUN-2022

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

1003 POP 01-JUL-2021 TO

30-JUN-2022

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

1004 30-SEP-2022 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

2001 POP 01-JUL-2022 TO

30-JUN-2023

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

2002 POP 01-JUL-2022 TO

30-JUN-2023

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

2003 POP 01-JUL-2022 TO

30-JUN-2023

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

2004 30-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

3001 POP 01-JUL-2023 TO

30-JUN-2024

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

3002 POP 01-JUL-2023 TO

30-JUN-2024

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

3003 POP 01-JUL-2023 TO

30-JUN-2024

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

3004 30-SEP-2024 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

4001 POP 01-JUL-2024 TO

30-JUN-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

4002 POP 01-JUL-2024 TO

30-JUN-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

4003 POP 01-JUL-2024 TO

30-JUN-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

4004 30-SEP-2025 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

F9S3S8

CLAUSES INCORPORATED BY REFERENCE

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

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

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

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items MAR 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

MAR 2020

52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-15 Stop-Work Order AUG 1989 52.252-3 Alterations in Solicitation APR 1984 52.253-1 Computer Generated Forms JAN 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 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 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

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

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

Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

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

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

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

Covered article means any hardware, software, or service that--

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.

115-91) prohibits Government use of any covered article. The Contractor is prohibited from--

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, 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 (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) 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 report pursuant to paragraph (c)(1) 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 a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

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).

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

(b) Prohibition. 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 Federal Acquisition Regulation 4.2104.

(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), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

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

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

Technical capability of the item offered to meet the Government requirement and price.

(b) The overarching evaluation approach for all factors is to determine the adequacy of response and feasibility of approach.

(1) The quote will be evaluated to determine whether the offeror’s methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the PWS. The proposal will be evaluated to determine the extent to which each requirement of the PWS has been addressed in accordance with the proposal submission instructions (see 52.212-1) of this solicitation.

(2) The quote will be evaluated to determine the extent to which proposed approach is workable and the end results achievable. The quote will be evaluated to determine the extent to which successful performance is contingent upon proven devices and techniques. The quote will be evaluated to determine the extent to which the offeror is expected to be able to successfully complete the proposed task and technical requirements.

(c) Offeror should submit a technical narrative that addresses all elements of the PWS sufficiently enough for the Government to determine technical acceptability without further clarifications from the contractor. If the information provided is deemed to be insufficient, the offeror’s quote will be considered technically unacceptable without further consideration. Offeror should give their best effort in addressing all performance requirements.

Offerors are advised that the best value may not be the lowest price.

(d) Award will be made to the technically acceptable offeror with the lowest evaluated price who is deemed responsible in accordance with FAR 9.104 and whose proposal conforms to the solicitation requirements.

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

(f) 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.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 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.

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“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…

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