W56HZV-17-R-0062.pdf
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
Offeror To Complete Block 12, 17, 23, 24, & 30
1. Requisition Number Page Of
2. Contract No. 3. Award/Effective Date 4. Order Number 5. Solicitation Number 6. Solicitation Issue Date
7. For Solicitation Information Call:
A. Name B. Telephone Number (No Collect Calls) 8. Offer Due Date/Local Time
9. Issued By Code 10. This Acquisition is Unrestricted OR Set Aside: % For:
Small Business Women-Owned Small Business (WOSB) Eligible Under the Women-Owned Small Business Program
Hubzone Small Business EDWOSB
Service-Disabled Veteran-Owned Small Business NAICS:
Email: 8(A) Size Standard:
11. Delivery For FOB Destination Unless Block Is Marked
12. Discount Terms 13a. This Contract Is A Rated Order Under DPAS (15 CFR 700) 13b. Rating
See Schedule 14. Method Of Solicitation RFQ IFB RFP
15. Deliver To Code 16. Administered By Code
Telephone No.
17a. Contractor/Offeror Code Facility 18a. Payment Will Be Made By Code
Telephone No.
17b. Check If Remittance Is Different And Put Such Address In Offer
18b. Submit Invoices To Address Shown In Block 18a Unless Block Below Is Checked See Addendum
19.
Item No.
20.
Schedule Of Supplies/Services
21.
Quantity
22.
Unit
23.
Unit Price
24.
Amount
(Use Reverse and/or Attach Additional Sheets As Necessary)
25. Accounting And Appropriation Data 26. Total Award Amount (For Govt. Use Only)
27a.Solicitation Incorporates By Reference FAR 52.212-1, 52.212-4. FAR 52.212-3 And 52.212-5 Are Attached. Addenda Are 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.
28. Contractor Is Required To Sign This Document And Return _________ 29. Award Of Contract: Ref. Offer Copies to Issuing Office. Contractor Agrees To Furnish And Deliver All Items Set Forth Or Otherwise Identified Above And On Any Additional Sheets Subject To The Terms And Conditions Specified.
Dated . Your Offer On Solicitation (Block 5), Including Any Additions Or Changes Which Are Set Forth Herein, Is Accepted As To Items:
30a. Signature Of Offeror/Contractor 31a. United States Of America (Signature Of Contracting Officer)
30b. Name And Title Of Signer (Type Or Print) 30c. Date Signed 31b. Name Of Contracting Officer (Type Or Print) 31c. Date Signed
Authorized For Local Reproduction Previous Edition Is Not Usable
Standard Form 1449 (Rev. 2/2012) Prescribed By GSA-FAR (48 CFR) 53.212
W56HZV-17-R-0062
TYLER J. WONSOWICZ (586)282-3548
TYLER.J.WONSOWICZ.CIV@MAIL.MIL
W56HZV
U.S. ARMY CONTRACTING COMMAND
WARREN, MICHIGAN 48397-5000 X
X 100
327320
X DOA4
X
SEE SCHEDULE
SEE SCHEDULE
X X
X 1
1 31
19.
Item No.
20.
Schedule Of Supplies/Services
21.
Quantity
22.
Unit
23.
Unit Price
24.
Amount
32a. Quantity In Column 21 Has Been
Received Inspected Accepted, And Conforms To The Contract, Except As Noted: _________________________________________________
32b. Signature Of Authorized Government Representative 32c. Date 32d. Printed Name and Title of Authorized Government Representative
32e. Mailing Address of Authorized Government Representative 32f. Telephone Number of Authorized Government Representative
32g. E-Mail of Authorized Government Representative
33. Ship Number 34. Voucher Number 35. Amount Verified 36. Payment 37. Check Number Correct For Partial Final Complete Partial Final
38. S/R Account No. 39. S/R Voucher Number 40. Paid By
41a. I Certify This Account Is Correct And Proper For Payment 42a. Received By (Print) 41b. Signature And Title Of Certifying Officer 41c. Date 42b. Received At (Location)
42c. Date Rec’d (YY/MM/DD) 42d. Total Containers
Standard Form 1449 (Rev. 2/2012) Back
CONTINUATION SHEET
Reference No. of Document Being Continued Page of
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SUPPLEMENTAL INFORMATION
Buyer Name: TYLER J. WONSOWICZ
Buyer Office Symbol/Telephone Number: CCTA-HDT-C/(586)282-3548
Type of Contract 1: Firm Fixed Price
Kind of Contract: Supply Contracts and Priced Orders
*** End of Narrative A0000 ***
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR parts 12.6 and 13, as supplemented with additional information in this notice. This announcement constitutes the only solicitations.
A. The combined synopsis and Request for Proposal (RFP) number is: W56HZV-17-R-0062.
B. The NAICS code applicable to this acquisition is 327320.
C. Basis for award. Award shall be made to the responsible offeror having the lowest price, technically acceptable.
D. Questions are requested via email, addressed to Tyler Wonsowicz at tyler.j.wonsowicz.civ@mail.mil
*** END OF NARRATIVE A0001 ***
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.204-4016 WARREN ELECTRONIC CONTRACTING AUG/2015
(a) All Army Contracting Command Warren (DTA) solicitations will be publicized on the Federal Business Opportunities website
(https://www.fbo.gov). Any additional attachments, including Technical Data Packages (TDPs) when available electronically, will be separate attachments or links embedded in the solicitation.
(b) As of 10 August 2015, unless directed to do otherwise in Section L of this solicitation, vendors are required to submit a quote or proposal via the Federal Business Opportunities (FBO) system. Proposals or quotes submitted after this date using any other mechanism, including the Army Single Face to Industry Bid Response System (ASFI BRS) may be deemed non-responsive.
(c) Requirements for the online FBO bid submission:
1. Vendors must log into the FBO System to be able to submit electronic responses for opportunities.
2. Vendors must be registered in the System for Award Management (SAM) at www.sam.gov (a Federal Government owned and operated free web site) and have a CAGE Code and CCR Marketing Partner Identification Number (MPIN).
3. Once logged into the FBO System, vendors will be asked to enter basic information and directed to upload one or more files containing the proposal/quote and any additional information as outlined in the solicitation.
4. FBO will send an email to vendors registered email address confirming the electronic submission.
5. For additional information on submitting electronic bid responses via the FBO system see the FBO Vendor Guide
Section 4.3.1 Submitting an Electronic Response (https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf).
(d) Note to offerors:
Please pay close attention to the solicitation closing date and time as stated on the cover page of this solicitation, local time for the Army contracting Command - Warren, (DTA), Michigan. In accordance with FAR 15.208(a), offerors are responsible for submitting proposals, and any revisions, and modifications, so as to be received by the Government office designated in the solicitation by the time specified.
It is the responsibility of the Offeror to ensure the proposal/quote is received by the date and time specified on the cover page of this solicitation. In accordance with FAR 15.208, if the proposal/quote was not received at the initial point of entry to the
Government infrastructure (in this case, received through FBO) by the exact date and time specified on the cover page of this solicitation, it will be determined late. Proposal/quote is defined to mean ALL volumes or parts required in the solicitation are
2 31
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
included in the electronic submission.
Note: There is no "expected" or "target" length of time for proposal submission; size and content may be factors, therefore offerors are strongly cautioned when submitting proposals to allow adequate time for submission.
Solicitations may remain posted on the FBO after the solicitation closing date. If the response deadline has passed for the solicitation, vendors will no longer be able to submit electronic responses.
(e) Any award issued as a result of this solicitation will be distributed electronically. In the event of a FOIA request for a copy of any award issued as a result of this solicitation, or any subsequent modifications to the contract, the contract and modifications will be released, including the awarded unit price. This is the notice required by Executive Order 12600 (June 23, 1987) of our intention to release unit prices in response to any request under the Freedom of Information Act (FOIA), 5 USC 552. Unit price is defined as the contract price per unit or item purchased as it appears in Section B of the contract and is NOT referring to nor does it include Cost or
Pricing data/information. If you object to such release in the base contract or contract modifications, and you intend to submit an offer, notify the contracting officer in writing prior to the closing date identified in this solicitation and include the rationale for your objection consistent with the provisions of FOIA. A release determination will be made based on rationale given.
(f) Questions pertaining to this solicitation should be directed to the Contract Specialist identified in Block 10 on the cover page of this solicitation. For technical assistance in doing business with the Government, and doing business electronically, please visit the
Procurement Technical Assistance Center (PTAC) website at http://www.aptac-us.org/ to locate a regional center.
[End of Notice]
2 52.201-4000 ARMY CONTRACTING COMMAND-WARREN (DTA) OMBUDSPERSON APR/2011
Information regarding the Ombudsperson for this contract is located at the following website:
http://acc.army.mil/contractingcenters/acc-wrn/CompMgmtOffice.html
[End of Provision]
3 52.212-4003 ALL OR NONE--COMMERCIAL ITEM ACQUISITION SEP/1996
(TACOM)
This provision serves as an addendum that modifies paragraph (h) of FAR 52.212-1, entitled INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS.
Paragraph (h) is modified to say that you must offer to provide the total quantity of the items in this solicitation. ONLY ONE AWARD
WILL BE MADE AS A RESULT OF THIS SOLICITATION. OFFERS SUBMITTED FOR LESS THAN THE TOTAL QUANTITIES OF ALL THE ITEMS IN THIS
SOLICITATION WILL NOT BE CONSIDERED FOR AWARD.
[End of Clause]
4 52.214-4000 ACKNOWLEDGMENT OF AMENDMENTS OCT/1993
Acknowledge all the amendments you've received from us by identifying the amendment number and its issue date in the box below:
: Amendment Number : Date : ________________________________________________
[End of Provision]
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PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
SUPPLIES OR SERVICES AND PRICES/COSTS
0001 AGGREGATE BASE MATERIAL
0001AA AGGREGATE, 3/4" TO 1-1/2" BASE MATERIAL 18000 TG $ $ _______________________________________ ______________ __________________
COMMODITY NAME: AGGREGATE BASE MATERIAL
CLIN CONTRACT TYPE:
Firm Fixed Price
Packaging and Marking _____________________
Inspection and Acceptance _________________________
INSPECTION: Destination ACCEPTANCE: Destination
Deliveries or Performance _________________________
DOC SUPPL
REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____
DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________
001 18,000 0030
FOB POINT: Destination
SHIP TO:
(W0MCAA) W0MCAA
Ship To Address:
Bldg 420B
100 James Carlow Drive, Texarkana, TX
75507
Attn: Jim Mclemore
Ph: 903-334-2473
(End of narrative F001)
0002 CONCRETE
0002AA CONCRETE, POWDER, PORTLAND 1200 TG $ $ __________________________ ______________ __________________
COMMODITY NAME: CONCRETE
4 31
PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
CLIN CONTRACT TYPE:
Firm Fixed Price
Packaging and Marking _____________________
Inspection and Acceptance _________________________
INSPECTION: Destination ACCEPTANCE: Destination
Deliveries or Performance _________________________
DOC SUPPL
REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____
DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________
001 1,200 0030
FOB POINT: Destination
SHIP TO:
(W0MCAA) W0MCAA
Ship To Address:
Bldg 420B
100 James Carlow Drive, Texarkana, TX
75507
Attn: Jim Mclemore
Ph: 903-334-2473
(End of narrative F001)
5 31
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
PURCHASE DESCRIPTION
AGGREGATE, .75 in to 1.5 inch BASE MATERIAL
Flexible Base aggregate shall conform to TX DOT Type A Grade 2. Flexible Base shall be crushed stone produced and from oversize quarried aggregate that originates from a single, naturally occurring source. All other applicable requirements shall conform to TX
DOT Specification Item 247 Flexible Base of the 2004 edition of the Texas Department of Transportation Standard Specifications for
Construction and Maintenance of Highways, Streets, and Bridges.
Alternative specifications shall conform to AHTD Class 7. Aggregate Base Course shall be mechanically crushed natural rock or stone of igneous sedimentary, and/or metamorphic origin from a solid geological formation by quarrying methods. All applicable requirements shall conform to AHTD Section 303 Aggregate Base Course of the 2003 edition of the Arkansas Standard Specifications for Highway
Construction. Saturday delivery is required.
CONCRETE
Cement, Powder, Portland, Type I or II per ATSM C150/C150M 16.
*** END OF NARRATIVE C0001 ***
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Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
DELIVERIES OR PERFORMANCE
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.247-34 F.O.B. DESTINATION NOV/1991
2 52.247-4017 DEPOT ADDRESS FOR THE APPLICABLE MODE OF SHIPMENTS: IN-THE-CLEAR OCT/2015
(TACOM) ADDRESSES
Rail/ MILSTRIP
Motor Address Rail Motor Parcel Post
SPLC* Code Ship To: Ship To: Mail To:______ ________ ________ ________ ___________
206721/ W25G1U Transportation Officer Transportation Officer Transportation Officer
209405 Defense Dist Depot Defense Dist Depot Defense Dist Depot
Susquehanna Susquehanna Susquehanna
New Cumberland, PA New Cumberland, PA New Cumberland, PA
17070-5001
NOTE: All deliveries to New Cumberland MUST be scheduled at least 10 days prior to the delivery date. The carrier or contractor must call the New Cumberland DDSP customer service number, 800-307-8496 and provide the following information: contract number, item name, National Stock Number, total weight and cube, and vendor. All shipments to this MILSTRIP address code (W25G1U) are for mission stock and they will need to know that as well, but if you have instructions from the Contracting Officer to use MILSTRIP address code W25N14 instead, you must inform the appointment-taker that the delivery is for Consolidation and Containerization Point (CCP) stock.
Appointments for FOB Origin shipments should be coordinated with DCMA Transportation.
875670/ W62G2T Transportation Officer Transportation Officer Transportation Officer
875675 XU Def Dist Depot XU Def Dist Depot Dist Depot San Joaquin
San Joaquin San Joaquin P O Box 96001
25600 S Chrisman Rd 25600 S Chrisman Rd Stockton, CA 95296-0130
Rec Whse 10 Rec Whse 10
Tracy, Ca 95376-5000 Tracy, Ca 95376-5000
471995/ W31G1Z Transportation Officer Transportation Officer Transportation Officer
471996 Anniston Army Depot, Anniston Army Depot, Anniston Army Depot, Bynum, AL Bynum, AL Anniston, AL 36201-5021
209741/ W25G1R Transportation Officer Transportation Officer Transportation Officer
209770 Letterkenny Army Depot, Letterkenny Army Depot, Letterkenny Army Depot, Culbertson, PA Chambersburg, PA Chambersburg, PA 17201-4150
661136/ W45G19 Transportation Officer Transportation Officer Transportation Officer
661157 W56R2M Red River Army Depot, Red River Army Depot, Red River Army Depot, Defense, TX Texarkana, TX Texarkana, TX 75507-5000
764538/ W67G23 Transportation Officer Transportation Officer Transportation Officer
764535 Tooele Army Depot, Tooele Army Depot, Tooele Army Depot, Warner, UT Tooele, UT Tooele, UT 84074-5003
***SPLC indicates Standard Point Locator Code. _ _ _ _
NOTE: The following is applicable only when so specified in an individual order or delivery increment:_____ ____
This requirement is a depot replenishment buy, a portion of which is or may be required to fill Direct Support System (DSS) requisitions. Shipment shall be made, as specified, to one or more of:
New Cumberland Army Depot
Red River Army Depot
Sharpe Army Depot
7 31
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
prior to shipments to any other depots as may be designated. When more than one depot is designated for DSS shipments, priority shipments will be made equally to each of the designated destinations.
[End of Clause]
8 31
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CONTRACT ADMINISTRATION DATA
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS MAY/2013
(a) Definitions. As used in this clause--
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this
Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the
WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer
Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
See FAR 52.246-4028
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in
WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC -3-
Issue By DoDAAC -4-
Admin DoDAAC -5-
Inspect By DoDAAC See Schedule
Ship To Code See Schedule
Ship From Code See Schedule
Mark For Code See Schedule
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) N/A
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
9 31
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email
Notifications" field of WAWF once a document is submitted in the system.
tyler.j.wonsowicz.civ@mail.mil
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
tyler.j.wonsowicz.civ@mail.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-
618-5988.
(End of clause)
10 31
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CONTRACT CLAUSES
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.203-3 GRATUITIES APR/1984
2 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2016
3 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL/2016
4 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS MAY/2015
5 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV/2011
6 52.232-11 EXTRAS APR/1984
7 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC/2013
8 52.242-13 BANKRUPTCY JUL/1995
9 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) APR/2012
10 252.204-7000 DISCLOSURE OF INFORMATION OCT/2016
11 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992
12 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING OCT/2016
13 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016
14 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC AUG/2016
15 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS JUN/2012
16 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT MAR/2008
17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR NOV/2016
EXECUTIVE ORDERS--COMMERCIAL ITEMS
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and
10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of
Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved].
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section
743 of Div. C).
__X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for
Debarment (Oct 2015) (31 U.S.C. 6101 note).
__X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (NOV 2011) of 52.219-3.
_X__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects
11 31
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
___ (ii) Alternate I (JAN 2011) of 52.219-4.
___ (13) [Reserved]
__X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011) of 52.219-6.
___ (iii) Alternate II (Nov 2011) of 52.219-6.
___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
_X__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
___ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Nov 2016) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
_X__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011)(15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)(15 U.S.C. 657 f)
_X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)(15 U.S.C. 632(a)(2)).
___ (23) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Dec 2015)
(15 U.S.C. 637(m)).
___ (24) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Dec
2015) (15 U.S.C. 637(m)).
___ (25) 52.222-3, Convict Labor (June 2003)(E.O. 11755).
_X__ (26) 52.222-19, Child LaborCooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X__ (28) 52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246).
_X__ (29) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Oct
2015)(38 U.S.C. 4212).
_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).
__X_ (31) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Feb
2016)(38 U.S.C. 4212).
_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
__X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
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___ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
___ (36)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.
6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
_X__ (37) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).
___ (38) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O.
13693).
___ (39)(i) 52.223-13, Acquisition of EPEAT[supreg]-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (40)(i) 52.223-14, Acquisition of EPEAT[supreg]-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (41) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (42)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X__ (43) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
___ (44) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
___ (45) 52.223-21, Foams (June, 2016) (E.O. 13693).
___ (46) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).
___ (47)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-
283, 110-138, 112-41, 112-42, and 112-43.
___ (ii) Alternate I (MAY 2014) of 52.225-3.
___ (iii) Alternate II (MAY 2014) of 52.225-3.
___ (iv) Alternate III (MAY 2014) of 52.225-3.
___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the
Office of Foreign Assets Control of the Department of the Treasury).
___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).
___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
___ (54) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X__ (55) 52.232-33, Payment by Electronic Funds Transfer -- Central Contractor Registration (Jul 2013)(31 U.S.C. 3332).
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___ (56) 52.232-34, Payment by Electronic Funds Transfer -- Other Than Central Contractor Registration (Jul 2013)(31 U.S.C. 3332).
___ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).
___ (59)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C.
2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
___ (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).
___ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option
Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41
U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--
Requirements (MAY 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2015) (Executive Order 13658).
___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-
2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractors directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR
Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer
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further subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Oct
2015)(38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
(x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
(xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. 7104(g)).
___ Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 7104(g)).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements
(MAY 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658).
(xvi) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).
(xvii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xix) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
18 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB/1998
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address:
http://www.acq.osd.mil/dpap/dars/far.html or http://www.acq.osd.mil/dpap/dars/index.htm or http://farsite.hill.af.mil/VFAFARa.HTM
(End of Clause)
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19 252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN NOV/2016
(DEV 2017- INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2017-O0001)
O0001)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2017 (Pub. L. 114-223), or any other Act that extends to fiscal year 2017 funds the same prohibitions as contained in section 743, division E, title VII, of the
Consolidated Appropriations Act, 2016 (Pub. L. 114-113) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(End of clause)
20 252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS NOV/2005
(a) Definition. SPI process, as used in this clause, means a management or manufacturing process that has been accepted previously by the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or Federal specification or standard at specific facilities. Under SPI, these processes are reviewed and accepted by a Management Council, which includes representatives of the Contractor, the Defense Contract Management Agency, the Defense Contract Audit Agency, and the military departments.
(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation. A listing of SPI processes accepted at specific facilities is available via the Internet at http://guidebook.dcma.mil/20/guidebook_process.htm (paragraph 4.2).
(c) An offeror proposing to use an SPI process in lieu of military or Federal specifications or standards cited in the solicitation shall
(1) Identify the specific military or Federal specification or standard for which the SPI process has been accepted;
(2) Identify each facility at which the offeror proposes to use the specific SPI process in lieu of military or Federal specifications or standards cited in the solicitation;
(3) Identify the contract line items, subline items, components, or elements affected by the SPI process; and
(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the
Internet site specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process.
(d) Absent a determination that an SPI process is not acceptable for this procurement, the Contractor shall use the following SPI processes in lieu of military or Federal specifications or standards:
(Offeror insert information for each SPI process)
SPI Process: _______________________________
Facility: ________________________________
Military or Federal Specification or Standard: ________________________________
Affected Contract Line Item Number, Subline Item Number, Component, or Element: ______________________________
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(e) If a prospective offeror wishes to obtain, prior to the time specified for receipt of offers, verification that an SPI process is an acceptable replacement for military or Federal specifications or standards required by the solicitation, the prospective offeror
(1) May submit the information required by paragraph (d) of this clause to the Contracting Officer prior to submission of an offer;
but
(2) Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of offers.
(End of clause)
21 52.219-4070 PILOT MENTOR-PROTEGE PROGRAM APR/2006
(a) The Pilot Mentor-Protege Program does not apply to small business concerns.
(b) Utilization of the Pilot Mentor-Protege Program (hereafter referred to as the Program) is encouraged. Under the Program, eligible companies approved as mentor firms enter into a mentor-protege agreement with eligible protege firms. The goal of the program is to provide appropriate developmental assistance to enhance the capabilities of the protege firm. The Mentor firm may be eligible for cost reimbursement or credit against their applicable subcontracting goals.
(c) Mentor firms are encouraged to identify and select concerns that are defined as emerging small business concerns, small disadvantaged business, women-owned small business, HUBZone small business, service-disabled veteran-owned small business, veteran-owned small business or an eligible entity employing the severely disabled.
(d) Full details of the program are located at http://www.acq.osd.mil/sadbu/mentor protege/ or http://sellingtoarmy.info/User/ShowPage.aspx?SectionID=12
(e) For additional questions after reviewing the information provided, contact the Office of Small Business Programs serving your area.
[End of Clause]
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REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.212-3 OFFERORS REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT OCT/2014
2016) - 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 via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through
(r) of this provision.
(a) Definitions. As used in this provision--
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service--
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under
6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction
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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…
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