W90VN7-16-T-0010-0002_Building_1305_Cabling_Kunsan_AB.pdf
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- VoIP Cabling Building 1305
- Solicitation number
- W90VN7-16-T-0010
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Amendment to Solicitation W90VN7-16-T-0010-0002
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THE PURPOSE OF THIS AMENDMENT IS TO ADD BY REFERENCE 52.212-4 CONTRACT TERMS
AND CONDITIONS – COMMERCIAL ITEMS. ALL OTHER TERMS AND CONDITIONS REMAIN
UNCHANGED.
411th CSB Kunsan Airbase, Unit 2112, APO AP 96264
FSC: 99
NAICS Code: 238210 Electrical Contractors and Other Wiring Installation Contractors
Subject: Digital Communication Material and Equipment
Solicitation Number: W90VN7-16-T-0010-0002
Closing Response Date: 16 June 2016 @ 1300 (1pm) Korea Standard Time
Points of Contact:
Captain Stephen C. Lawson COMMERCIAL 0503-382-8192, or from the U.S.: 011-822-7914-8192 Stephen.c.lawson.mil@mail.mil
1. The purpose of this amendment is to extend the solicitation period from 14 June 2016 to 17 June 2016.
2. All other terms and conditions remain unchanged.
I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in
FAR subpart 12.6, as supplemented with additional information included in this notice. The procedures of FAR Parts 13, 14 and 15 may be used in this particular acquisition. This announcement constitutes the only solicitation; quotes are requested and a written solicitation will not be issued.
II. The solicitation number is W90VN7-16-T-0010-0002 and is issued as a Request for Quotation.
III. The solicitation document and incorporated provisions and clauses are those in effect through Federal
Acquisition Circular 2005-88.
IV. Potential offerors are to quote on the following line items:
The Government intends to award a Firm Fixed Price contract for the following Contract Line item Description Quantity and Unit of Issue:
CLIN 0001 – Digital cabling for communication material and equipment (SEE Attached)—1 LOT.
CLIN 0002 – Commercial Shipping, Door to Door, FOB destination to Kunsan AB, South Korea as quickly as market can allow after receipt of a purchase order. The vendor shall price this CLIN as the price using commercial air shipping. 1 LOT.
mailto:Stephen.c.lawson.mil@mail.mil
1. Digital Communication Equipment and material must be Brand Name or Equal:
Item Description QTY Characteristics
1 Zipcord fiber Bulk 9 Bulk Zipcord Fiber Optic Cable, Multimode, Duplex, 62.5/125, Orange, Riser Rated, Spool, 1000 foot
Fluke pro-tool kit
Pro-Tool Kit IS60 + D914S Impact Tool, D-Snips, Cable Stripper, EverSharp 66/110 cut blade, Sharpie & Maglite
3 RG-6 connectors 20 F-CONN,RG-6 CRIMP-ON,QUAD SHLD fiber db tester
Noyes Fiber SMLP5-5 SC SM/MM Fiber Optic Test Kit w/Data Storage The AFL Noyes SMLP5-5 Optical Loss Test Set with SC connector combines the OPM5-2D optical power meter with the OLS4 integrated LED and LASER light source certifies fiber networks to industry standards chemwipes (50pk)
Chemtronics CP400 Chempad Presaturated Alcohol Wipes, 50 ct. Chemtronics' CP400 Chempad presaturated alcohol wipes are a general purpose, lint- free cleaning wipes that quickly remove dust, oils and contaminants.
Each 3" x 4" nonabrasive wipe is saturated with a mild cleaning solution of 91% IPA and 9% deionized water, then hermetically sealed to prevent evaporation and to maintain solvent effectiveness
6 fire stop putty pad 19 METACAULK PUTTY PADS connector holder
CONNECTOR HOLDER SC HOT MELT (PKG OF 4),
SP- 00504; 3M ELECTRICAL PRODUCTS DIV;
CONNECTOR GENERAL ACCESSORIES
8 Coax crimp tool 2 Tools, Tester Kits, and Mounting Items.
cable trays
Cable trays are an effective way to keep wires in place while allowing unobstructed air flow through raised floor systems. Rigid, welded steel mesh has a finish that is pre-galvanized to avoid formation of zinc whiskers. No tools required for installation. Size is 4"H x 6"W x 48"L.
Cable transition tray
Wire tray allows easy transitions through T's, elbows and crosses in your cable tray system. Use this tray whenever your system makes a 90 degree turn. Pre- galvanized to avoid formation of zinc whiskers in the raised floor environment. Tray section is 2"H x 24"W x 24"L.
Horizontal support
Horizontal Support Bars span the distance between pedestals and also support trays. Built-in clips on the side of these bars attach firmly to vertical supports. Standard finish is pre-galvanized to avoid formation of zinc whiskers in the raised floor environment. 24 inches long.
Vertical support
Vertical Supports elevate cable trays off the floor to allow for free air flow. Easily snaps on to pedestal supports and slots accept the Horizontal Support Bar. Will elevate tray 4 inches off of subfloor.
13 Vinyl tape (Blk) 60 ELECTRICAL TAPE, VINYL; LENGTH 66 FT;
WIDTH 3/4 INCH; APPLICATION PREMIUM
Vinyl tape (Red)
This red, 7 mil premium grade electrical vinyl tape stretches to conform to virtually any shape that requires color-coded insulation. Inner pack of 1 per canister, 10 per carton with 100 rolls per case. Scotch 35 Vinyl Electrical Color Coding Tape is
15 Vinyl tape (Viol) 25 35 3/4X66 VIOLET VINYL COLOR CODING TAPE
16 Anchors (redheads) 9 10-12 X 1-7/16 Poly-Set Anchors 100/Box, REDHEAD, ANCHORING, ANCHORS, FASTENERS, ITW, 17 RJ45 Shielded (50pk) 150 PLUG,RJ45 8X8 SHLD W/SR 50PK 18 RG6 cable (1K ft) 3000ft RG6 COAX CABLE-BULK
Cat6 cable shielded (1K ft)
16000ft
CAT 6 BULK CABLE 400 MHZ, SHLD, PLENUM-YEL
CAT6
400-MHz Shielded Solid Bulk Cable (F/UTP), 20 Cat6 cable (1K ft) 16000ft 1000FT SOLID CAT6 BLUE PVC JACKET 21 Raceway : coupler LD10 200 COUPLER FITTING FOR TYPE L & C RACEWAY 22 Raceway : outside corner LD10 40 OUTSIDE CORNER-LD10&CD10 -
23 Fiber connector MM/SC duplex 500 Siemon FIBER CONNECTOR, MM, SC,DUPLEX
BUFFERED BOOT, BEIGE
24 Raceway : stick LD10 (1 ft 10 ft 2000 10 FT. LD10; price per foot 25 Raceway : inside corner LD10 40 INSIDE CORNER FITTING/TYPE L & C RACEWAY
Raceway : right angle LD10
RIGHT ANGLE FITTING/TYPE L & C RACEWAY.
MUST BE ORDERED IN MULTIPLES OF 10. Panduit
RAF10IW-X.
Product type: Cover, Colour of product: White, Compatible products: CE, CSA, RoHS. Width: 6.35 cm, 27 Raceway : tee LD10 40 TEE FOR LD10 & CD10 28 Raceway : ceiling adapter LD10 40 DROP CEILING-LD10 & CD10.
29 Raceway : faceplate T70 120 T70 SNAP-ON FACEPLATE
30 Duplex SC adapter 250 Module supplied with one SC duplex multimode fiber optic adapter (EI) with phosphor bronze split
31 Simplex SC adapter 230 SC SIMPLEX (EI) ADAPTER(EI) MODULE ASSY
32 Hot melt kit 3 FIS Fiber Optic Tools and Equipment - Hot Melt Kit w/6 Port Oven
33 Polishing paper (fine) 14 3M Lapping Film 5 Disc Diamond .5m 34 Polishing paper (rough) 14 3M Lapping Film 5 Disc Diamond 6m 35 Index matching gel 4 OPTICAL COUPLANT/INDEX MATCHING GEL 36 RJ45 plug (100pk) 600 RJ45 CAT5 MOD PLUG, 8 CON 100PK
37 J-hooks 80 Panduit J-PRO Cable Support System - Cable organizer clamp
38 Recessed floor box 10 Panduit - Zone Cabling Raised Floor Enclosure, 12.37" High (314mm) (CSC Number: 947851)
39 Bare fiber adapter SC 4 High Precision SC Bare Fiber Adapter With push button for bare fiber.
40 RG6 F-connector 20 F Compression Connector - RG6
41 Innerduct indoor plenum (2k ft) 2000ft FIELDSHIELD MICRODUCT, 10MM, INDOOR
PLENUM, NON- TONABLE, WHITE, 2000F
Lable maker tape
BROTHER LETTERING TAPE, 3/4" SIZE,
BLACK/WHITE. LAMINATED TAPE FEATURES
STANDARD ADHESIVE DESIGNED FOR FLAT
SURFACES LIKE OFFICE PAPER, FILE FOLDERS
AND BINDERS. TAPE RESISTS WATER, GREASE
AND GRIME USE IN HOT AND COLD
43 pull string 4 PL232B GARDNER BENDER POLY PULL PULL LINE 6500'
44 Raceway : wall mount box 80 UID SURFACE BOX - 4 PORT - 45 Raceway : base T70 240 T-70 Power Rated Multi-Channel Raceway Base 10ft.
46 Raceway : cover T70 240 Panduit - POWER/DATA RACEWAY COVER, 10 FT, OFF WHITE, (MIN QTY 120), (CSC Number:490686)
Raceway : divider wall T70
T-70/Twin70 raceway divider wall, 10 foot length. Snaps onto rails in T-70/Twin-70 raceway base to create separate channels. Must use wire retainers to ensure
Raceway : end cap T70
T70 ENTRANCE END Entrance end fitting. Conduit breakouts of 1/2", 3/4", 2.54 cm (1 ") and 1 1/4" which allows entry from ceiling or wall.
Raceway : ceiling adapter T70
Entrance end fitting. Conduit breakouts of 1/2", 3/4",
2.54 cm (1 ") and 1 1/4" which allows entry from ceiling or wall. Panduit T70EEIW. Colour of product: White, Material: PVC, Certification: CSA, CSA 22.2 No.62-93, CE, RoHS. Width: 12.7 cm, Length: 15.5 cm, Height:
5 08 cm
50 Minicom RJ45 jack shielded 380 Mini-Com Module, Cat 6A, Shielded, 8 pos 8 wire, Universal, TG Style
51 Minicom RJ45 jack 380 Category 6A, RJ45, 10 Gb/s, 8-position, 8-wire universal module, color off white.
52 Minicom RJ45 blank 65 MINI-COM BLANK MODULE
Velcro
VELCRO 3/4" wide x 25 yard long RL of One Wrap strip. Unique back to back fastening system featuring polyethylene hook laminated to a nylon loop w/o adhes
54 Cable ties w/anchor holes 20 10PK 8IN HOOK & LOOP CABLE TIESBLACK
55 Cable ties 14" (1k) 3000 623-46-315UVBM CABLE TIE UVB 14" (75LB)
1000/BAG
56 Cable ties 8" (1k) 4000 DWOS REPLACED BY 623-46-308UVBMN 57 Cable ties 4" (1k) 1000 CABLE TIE- UVB- 4"- 18LB1000/BAG. Min. Qty to 58 SC-SC patchcord MM (5m) 100 5 meter SC-SC MM duplex Riser
59 Cat6 patchcord shielded (5ft) 65 Copper Patch Cord, Category 6A, Red S/FTP Cable, 5 Ft (CSC Number: 952794)
60 Cat6 patchcord shielded (10ft) 50 10GIG CAT6A STP RED PATCH CORD - 10FT - 61 Cat6 patchcord (5ft) 50 Copper Patch Cord, Cat 6A (SD), Blue UTP
INSTRUCTIONS TO OFFERORS
1. The items are considered as BRAND NAME OR EQUAL
2. Quote must adhere to the following instructions:
(a) Vendor, at the discretion of the Government, may be asked to provide more information and clarification regarding their proposals. The Government may make a final determination as to whether an offer is acceptable or unacceptable solely on the basis of the quote as submitted, without requesting any further information. The quotes are intended to be evaluated, and award made, without discussions with the offerors.
3. All quotes shall be submitted uploaded to FBO.gov during the time period.
4. Vendor shall provide a quote for all commercial items listed, to include a separate shipping CLIN.
Each CLIN shall represent a single lot. Quotes that do not include all items will be not evaluated.
Quotes that do not include a separately priced CLIN will not be evaluated. The quote shall be on an all or none basis; no partial quotes and/or deliveries are allowed. The vendor shall provide a brief detail on how they intend to ship the items using commercially available shipping methods.
5. Place of Contract Performance: Kunsan AB, South Korea
DETAILED QUOTE INSTRUCTIONS.
Vendor shall have an active registration in the System for Award Management (SAM’s) www.sam.gov.
And shall maintained an active Wide Area Workflow (WAWF) account to receive electronic payments through WAWF at https://wawf.eb.mil. All quotes, questions, and correspondence, SHALL BE submitted in the ENGLISH language.
QUOTE FORMAT AND CONTENT.
The quote shall contain, as a minimum, the following:
a. Quotes must include:
1. Quote must include technical specifications, characteristics, capabilities, brand, and description of each item in a single document. Technical Specifications and requirements of all items listed herein
2. Delivery Information that provides the shortest time required to successfully meet customer requirements. A brief narrative on how the vendor intends to ensure the earliest time possible within a reasonable price. The name of the commercial shippers shall be identified with the quote.
3. Pricing information on both CLINs:
b. The Government will evaluate the quote using only the information provided with the quote. Failure of an offeror to submit detailed information sufficient to evaluate the offer, as stipulated herein, may result in a rating of technically unacceptable for the technical factor. If attachments are provided they shall be uploaded to FBO.gov and shall be submitted in Microsoft Word, Excel format, Adobe Acrobat (.pdf) format, or as indicated elsewhere. WINZIP (.zip) files cannot be accepted as they are routinely blocked by the domain firewall.
FAR 52.212-1, Instructions to Offerors -- Commercial Items (APR 2014), applies to this acquisition. No addenda to this provision. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a http://www.sam.gov/ price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
FAR 52.212-2, Evaluation--Commercial Items (Oct 2014), applies to this acquisition. 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: (1) technical capability of the item(s) offered to meet the Government requirement; technical capability includes the offeror’s delivery capability to meet the schedule as set forth in the RFQ; (2) Past Performance and (3) price. The Government intends to award to one vendor on an all or none basis. 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.
• Award will be made that represents the Best Value considering the three factors stated above that meet the technical requirement of the scope of work, delivery schedule and a demonstrated record of successful past performance at a fair and reasonable price.
• The Offeror that provides the earliest delivery date shall be rated higher than those that provide a later date.
• The offeror who submits a quote on all items that is technically acceptable and has the most favorable timeline for delivery will receive greater consideration for award than those that propose a longer timeline for delivery when all other factors being considered.
• Offerors are encouraged to submit records of past performance for the past three years that demonstrate successful completion of similar requirements. The Contracting officer may consider past performance data from a wide variety of sources both inside and outside the Federal Government in accordance with agency procedures.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016)
(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: (Contracting Officer check as appropriate.)
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub.
L. 109-282) (31 U.S.C. 6101 note).
(5) [Reserved]
(6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
(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).
(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 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.
(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects 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]
(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
(ii) Alternate I (NOV 2011).
(iii) Alternate II (NOV 2011).
(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.
(16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).
(17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).
(ii) Alternate I (Oct 2001) of 52.219-9.
(iii) Alternate II (Oct 2001) of 52.219-9.
(iv) Alternate III (Oct 2015) of 52.219-9.
(18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
(19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
(20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
(22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C.
632(a)(2)).
(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business 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 Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126).
(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
x (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
x (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
x (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
(31) 52.222-37, Employment Reports on 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 (March 2, 2015) (22 U.S.C. chapter 78 and E.O.
13627).
(ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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)(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.)
(36) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (OCT 2015) of 52.223-13.
(37)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-14.
(38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
(39)(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.
(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
(41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
(42) (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.
(43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
(44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(45) 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).
(46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
(47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
(48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
(49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
x (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).
(51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).
(52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
(53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(54)(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:
(Contracting Officer check as appropriate.)
(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).
x(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 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 (Sept 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 Contractor's 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 (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer 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 (APR 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for 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). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xi) x (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.
13627).
(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(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) (E. O. 12989).
(xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvi) 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).
(xvii) 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.
(xviii) 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)
These additional FAR provisions and clauses cited within the clause at 52.212-5 are applicable to this acquisition:
FAR 52.209-6, Protecting the Governments’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; (Oct 2015) FAR 52.211-6, Brand Name or Equal (Aug 1999);
FAR 52.222-3, Convict Labor; (June 2003) FAR 52.222-19, Child Labor – Cooperation with Authorities and Remedies; (FEB 2016) FAR 52.222-21, Prohibition of Segregated Facilities; (Apr 2015) FAR 52.222-26, Equal Opportunity; (Apr 2015) FAR 52.222-50, Combating Trafficking in Persons (Mar 2015)– System for Award Management;
FAR 52.223-18, Encouraging Contractor Policies to Ban Test Messaging while Driving; (Aug 2011) FAR 52.225-13, Restrictions on Certain Foreign Purchases; (Jun 2008) FAR 52.232-33, Payment by Electronic Funds Transfer; (Jul 2013) FAR 52.233-1, Disputes (May 2014) FAR 52.233-3, Protest After Award (Aug 1996) FAR 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels; (Feb 2006)
The following provisions and clauses also apply to this acquisition:
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(es):
https://farsite.hill.af.mil
DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials;
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)
https://farsite.hill.af.mil/
(a) Definitions. As used in this clause'
Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
Concatenated unique item identifier means--
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.
Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.
Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.
DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.
Government's unit acquisition cost means--
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.
Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.
http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html http://www.aimglobal.org/?Reg_Authority15459
Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.
Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
Type designation means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.
Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:
http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html
Contract line, subline, or exhibit line item No. Item description
(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:
Contract line, subline, or exhibit line item No. Item description
(If items are identified in the Schedule, insert ``See Schedule'' in this table.)
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ----.
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ----.
(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or
(iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.
(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.
(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology--International symbology specification--Data matrix; ECC200 data matrix specification.
(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--
(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and
(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology-Transfer Syntax for High Capacity Automatic Data Capture Media.
(5) Unique item identifier.
(i) The Contractor shall--
(A) Determine whether to--
(1) Serialize within the enterprise identifier;
(2) Serialize within the part, lot, or batch number; or
(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and
(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: Original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;
(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and
(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL- STD-130, latest version.
(ii) The issuing agency code--
(A) Shall not be placed on the item; and
(B) Shall be derived from the data qualifier for the enterprise identifier.
(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:
(1) Unique item identifier.
(2) Unique item identifier type.
(3) Issuing agency code (if concatenated unique item identifier is used).
(4) Enterprise identifier (if concatenated unique item identifier is used).
(5) Original part number (if there is serialization within the original part number).
(6) Lot or batch number (if there is serialization within the lot or batch number).
(7) Current part number (optional and only if not the same as the original part number).
(8) Current part number effective date (optional and only if current part number is used).
(9) Serial number (if concatenated unique item identifier is used).
(10) Government's unit acquisition cost.
(11) Unit of measure.
(e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause, the Contractor shall report as part of, or associated with, the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:
(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.
(2) Unique item identifier of the embedded subassembly, component, or part.
(3) Unique item identifier type.**
(4) Issuing agency code (if concatenated unique item identifier is used).**
(5) Enterprise identifier (if concatenated unique item identifier is used).**
(6) Original part number (if there is serialization within the original part number).**
(7) Lot or batch number (if there is serialization within the lot or batch number).**
(8) Current part number (optional and only if not the same as the original part number).**
(9) Current part number effective date (optional and only if current part number is used).**
(10) Serial number (if concatenated unique item identifier is used).**
(11) Description.
(12) Type designation of the item as specified in the contract schedule, if any.
(13) Whether the item is an item of Special Tooling or Special Test Equipment.
(14) Whether the item is covered by a warranty.
** Once per item.
(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:
(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.
(2) Embedded items shall be reported by one of the following methods--
(i) Use of the embedded items capability in WAWF;
(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or
(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ----, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.
(g) Subcontracts. If the Contractor acquires by contract any items for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.
FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS
DFARS 252.232-7003, Electronic Submission of Payments Requests and Receiving Reports;
DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions; (Jun 2012) DFARS 252.232-7010, Levies on Contract Payments; (Dec 2006) DFARS 252.244-7000, Subcontracts for Commercial Items; (Jun 2013) DFARS 252.247-7023, Transportation of Supplies by Sea; (Apr 2014)
Clauses provided in Full Text.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR
2016)
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 accessed through http://www.acquisition.gov. 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.
http://dodprocurementtoolbox.com/site/uidregistry/ http://dodprocurementtoolbox.com/site/uidregistry/ http://www.acquisition.gov/
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 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…
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